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Public Policy
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September 19, 2025
Builder Not Covered In Conn. Park Dispute, Insurers Tell Court
Two insurers have no duty to defend or indemnify a developer and two of his companies against a suit accusing them of unlawfully encroaching on and destroying public land because the claims do not trigger their policies' insuring agreements, the insurers told a Connecticut federal court.
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September 19, 2025
Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts
In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.
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September 19, 2025
Former Immigration Judge's Bias Suit Gets Trimmed In Fla.
A Florida federal judge has trimmed multiple counts from a former immigration judge's discrimination lawsuit, finding that she failed to back up her bias claims.
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September 19, 2025
Trump Asks High Court To Lift Block On Trans Passport Ban
The Trump administration asked the U.S. Supreme Court on Friday to lift a nationwide order requiring the U.S. Department of State to issue passports to transgender and nonbinary individuals that reflect their gender identity, arguing the mandate wrongly compels the government to express speech it disagrees with.
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September 19, 2025
Groups Decry Bid To Roll Back Ariz. Monument Protections
Conservation groups are denouncing congressional legislation that, if approved, would nullify protections on two Indigenous national monuments in Arizona that were put in place to prevent new uranium, copper and gold mining of the sites.
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September 19, 2025
ICE Leaders Sued For Calif. Court Arrests, Custody Conditions
A class action complaint filed Thursday accused Trump administration officials of turning Northern California's immigration courts into "a trap" where masked agents ambush and needlessly arrest immigrants who must then endure squalid conditions in a makeshift San Francisco holding facility.
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September 19, 2025
USPTO's Top Solicitors To Leave Amid Continued Shake-Ups
The legal department at the U.S. Patent and Trademark Office is facing some shake-ups, with two of its top officials slated to leave the agency in the coming weeks.
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September 19, 2025
Mich. Top Court Again Backs Retroactive Auto Reform Limits
The Michigan Supreme Court on Friday reversed a lower state appellate panel's decision in a dispute over whether no-fault reforms enacted in 2019 apply to policies that "straddled" the reform effective dates, pointing to the top court's earlier finding that such policies are subjected to post-reform increased limits for liability.
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September 19, 2025
Rhode Island, Connecticut Fight To Finish Building Wind Farm
The Rhode Island and Connecticut attorneys general asked a Rhode Island federal judge to allow an energy developer to resume work on an offshore wind farm that is 80% complete, arguing that a delay past Monday could imperil the entire project and thwart states' abilities to meet mandated emissions goals.
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September 19, 2025
Maine County Can Use Business Channel For Public Safety
Maine's northernmost county will be able to draw from a pool of industrial channels to use for internal public safety and first responder communications.
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September 19, 2025
UK Gov't Borrowing Hits £18B Ahead Of Autumn Budget
U.K. government borrowing reached £18 billion ($24.3 billion) in August, according to official figures published Friday, adding to pressure for the government to hike taxes in its coming budget.
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September 19, 2025
2nd Circ. Lets Students Facing Removal Stay Free, For Now
The Second Circuit on Friday declined to revisit its earlier decisions that allowed two foreign students facing deportation, allegedly for their pro-Palestinian advocacy, to stay out of detention, rejecting the Trump administration's bid to find it lacks jurisdiction over their cases.
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September 19, 2025
CDC Panel Urges Caution On COVID Vax, Punts On Hep B
A panel of advisers at the Centers for Disease Control and Prevention on Friday voted unanimously to recommend that people receiving the COVID-19 vaccine this season do so only after discussing it with their health providers.
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September 18, 2025
BofA Unit To Pay $5.6M To End DOJ Market Manipulation Case
The U.S. Department of Justice said Thursday that an investment banking arm of Bank of America Corp. will pay roughly $5.6 million to resolve a criminal investigation into market manipulation allegations involving two now-former traders on its U.S. Treasurys desk.
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September 18, 2025
Kimmel Controversy Sidetracks Broadband Permitting Hearing
A U.S. House subcommittee looking into how to expedite broadband permitting struggled to stay on topic Thursday afternoon due to Democrats being hopping mad about late-night talk show host Jimmy Kimmel being pulled off the air.
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September 18, 2025
Ill. Justices Reverse Therapist's Fee Win Against Regulator
Illinois' financial and professional regulator should not be ordered to pay attorney fees in connection with a therapist's successful bid to shield his notes from a doctor's administrative reinstatement hearing, the state's highest court ruled Thursday.
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September 18, 2025
SEC Eases Path For Crypto ETPs With New Listing Rules
The U.S. Securities and Exchange Commission has eased a key part of the listing process for crypto exchange-traded products, and attorneys say the move may create a shorter path to market for years to come.
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September 18, 2025
Federal Vaccine Panel Votes To Tweak MMRV Recommendation
A panel of federal vaccine advisers on Thursday changed its recommendation for a long-used vaccine for children but allowed a key government program to continue paying for the shots.
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September 18, 2025
Delaware Judge Calls For Civility After 'Annus Horribilis'
In a rare postscript to her bench ruling this week, a Delaware vice chancellor lamented what she observed as a breakdown in the state bar's civility and mutual respect over the past "annus horribilis," comments that have since drawn cautious support and resonance with several in the First State's legal community.
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September 18, 2025
Arbitration Clauses Won't Protect IPOs From Investor Suits
With the U.S. Securities and Exchange Commission greenlighting the use of mandatory arbitration clauses for newly public companies, securities litigation experts are waiting to see whether any company is willing to risk the almost inevitable legal blowback that will come with taking advantage of the policy.
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September 18, 2025
Trump's Georgia Case: Legal Experts On What Happens Next
The 2020 Georgia election interference case against President Donald Trump and his co-defendants may be both "dead" and costly for taxpayers, legal experts told Law360, citing the expected reluctance of most prosecutors to take over the litigation and a new state law that allows criminal defendants to recover legal fees in certain circumstances.
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September 18, 2025
FCC Should Follow Exec Branch Policy, Commissioner Says
As President Donald Trump continues to get more involved in the operations of independent federal agencies, a member of the Federal Communications Commission said Thursday the FCC needs to remain accountable to the executive branch.
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September 18, 2025
Alaska Asks Justices To End Feds' Subsistence Fishing Regs
The state of Alaska is urging the U.S. Supreme Court to step into its dispute with the federal government and Native American groups over fishing regulations in its navigable waters, challenging a Ninth Circuit ruling that barred the state from opening part of the Kuskokwim River to all fishers.
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September 18, 2025
Ex-La. Prosecutor Convicted In Pretrial Program Bribery Case
A former Lafayette assistant district attorney was convicted Thursday in Louisiana federal court of bribery and other charges for conspiring to solicit kickbacks and accept bribes while overseeing the 15th Judicial District Attorney's Office's pretrial intervention program, according to the U.S. Attorney's Office.
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September 18, 2025
Texas Court Says Citizen Can't Intervene To Uphold Pot Law
The citizen sponsor of a voter-approved marijuana decriminalization ordinance cannot intervene in the deal struck between the state attorney general and city of Elgin that declared the ordinance void, a Texas appeals court ruled, saying the advocate doesn't have standing.
Expert Analysis
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Genius Act Sets Stablecoin Standards — Without Regulation E
While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Opinion
Sometimes Int'l Competition Should Trump Antitrust Concerns
The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.
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Divest Order Shows How Security Fears Extend CFIUS Scope
A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.
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Art Market Must Prepare For More AML Scrutiny
Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.