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Public Policy
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September 02, 2025
Feds Want To Tell Jury About Guilty Pleas In Corruption Trial
A Connecticut federal jury in a former state budget director's upcoming corruption trial should be told that three construction industry officials have pled guilty to related conspiracy charges, federal prosecutors have argued, saying a defense bid to exclude the guilty pleas was "legally and factually unfounded."
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September 02, 2025
Two Unions Fight Trump Order Ending Labor Rights
Unions representing thousands of employees of the U.S. Patent and Trademark Office and the National Weather Service challenged in a lawsuit Tuesday in D.C. federal court an executive order by President Donald Trump ending their collective bargaining agreements.
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September 02, 2025
EchoStar Challenges FCC's New Auction Rules In 10th Circ.
Dish owner EchoStar has sued in the Tenth Circuit to overturn the Federal Communications Commission's recently passed rules to sell spectrum, claiming the plan will result in major penalties stemming from defaults on winning bids in an earlier auction.
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September 02, 2025
Colo. Gun Group Challenges Semi-Auto Restrictions Law
Colorado's official branch of the National Rifle Association told a federal judge on Tuesday that recently passed legislation restricting ownership of certain semi-automatic firearms violates the Second Amendment.
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September 02, 2025
Copyright Office Veteran Takes Over Registration Policy Role
A longtime U.S. Copyright Office attorney has taken over the role dedicated to overseeing the section that registers copyrights, replacing Robert Kasunic, who is retiring after just over a decade in the position, the office said Tuesday.
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September 02, 2025
Google Calls DOJ Ad Tech Expert 'Unqualified'
Google asked a Virginia federal judge to block key U.S. Department of Justice evidence from the upcoming trial in which the government will seek the breakup of the company's advertising placement technology business, arguing its internal analysis on the feasibility of a breakup is protected.
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September 02, 2025
Nearly Deported Minors Back In HHS Care, Feds Report
All 76 unaccompanied children whom the Trump administration tried to deport to Guatemala over the weekend are back in the custody of the federal agency that oversees their care after a federal judge halted their removal, the government said.
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September 02, 2025
Ga. Superior Court Clerk Suspended After Indictment
A Georgia superior court clerk has been suspended after her indictment on charges of destroying public records and violating her oath of office, according to an executive order signed by Gov. Brian Kemp.
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September 02, 2025
House Approves Bill To Trim Undersea Cable Gear Access
The U.S. House of Representatives voted Tuesday to make it tougher for China and other foreign adversaries to obtain equipment needed to expand their undersea telecommunications networks.
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September 02, 2025
Feds' Immigration Policy 'Fundamentally Unfair,' Judge Says
A Michigan federal judge ruled that the detention of a longtime Detroit resident by Immigration and Customs Enforcement without a bond hearing violates his due process rights, ordering his immediate release or a hearing by the end of the week and calling the government's recent directive to detain all noncitizens "wrong."
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September 02, 2025
Freddie Mac Beats Investor Suit Over Subprime Exposure
An Ohio federal judge has tossed a nearly two-decade-old lawsuit accusing Freddie Mac of failing to warn investors about its exposure to the flagging subprime market, ruling that the lawsuit hadn't identified any material misleading statements made by the company in the lead-up to the housing crisis.
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September 02, 2025
Littler Report: Wage Rule Limbo, DEI Reversal, NLRB Shakeup
Federal government efforts to end diversity, equity and inclusion programs; states’ industry-specific wage hikes that have reached new heights and a National Labor Relations Board that is stuck without a quorum are employment law trends to watch, Littler Mendelson PC’s Workplace Policy Institute said in an annual report. Here, Law360 explores the report’s findings.
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September 02, 2025
Ga. School Wants ALJ's Ruling On Disabled Learning Tossed
A metro Atlanta school district accused of denying full educational opportunities to a student with autism has asked a Georgia federal court to overturn a state administrative law judge's ruling ordering the district to reimburse the student's mother nearly $56,000 for private educational costs.
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September 02, 2025
7th Circ. Backs Ill. Law Barring Guns On Public Transportation
The Seventh Circuit on Tuesday upheld a provision of Illinois' concealed carry law that forbids licensees from carrying firearms on public transportation, saying the law doesn't violate the Second Amendment and is "comfortably situated in a centuries-old practice of limiting firearms in sensitive and crowded, confined places."
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September 02, 2025
Judge Dumps Challenge To Portland Fuel Terminal Ban
An Oregon federal judge on Tuesday tossed a lawsuit challenging a ban on new oil and gas terminals in Portland, Oregon, agreeing that the state of Montana and fuel industry groups failed to show that the ordinance is unconstitutional.
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September 02, 2025
FERC Faces 4th Circ. Heat Over Grid Policy Revamp
A coalition of utilities and Republican-led states have told the Fourth Circuit that the Federal Energy Regulatory Commission's recent overhaul of its regional transmission policy exceeds its authority, while consumer and clean energy advocates said that the agency didn't go far enough.
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September 02, 2025
FTC Defends Merger Filing Overhaul From Chamber's Attack
The Federal Trade Commission told a Texas federal court that enforcers followed the law when overhauling the premerger reporting requirements and said the U.S. Chamber of Commerce and other groups challenging the changes are just unhappy with the outcome.
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September 02, 2025
FTC, Amazon Urged To Iron Out Antitrust Discovery Tiff
A Washington federal judge handling the Federal Trade Commission's landmark antitrust case against Amazon suggested on Tuesday the parties continue working toward a solution after the commission protested that the company failed to pass on documents received from other online retailers in related litigation in California.
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September 02, 2025
Trump Will Seek Fast-Track High Court Review Of Tariff Suit
The federal government will seek an expedited appeal and ruling by the U.S. Supreme Court as early as Wednesday, President Donald Trump said Tuesday during a press conference at which he blasted the Federal Circuit's majority opinion determining his emergency tariffs unlawful.
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September 02, 2025
Mass. Top Cannabis Regulator Wins Job Back
A Massachusetts state court judge reinstated the state's chief cannabis regulator Tuesday, finding that while her behavior may have been "abrasive, boorish, inconsiderate, ill-tempered, imprudent and/or otherwise unreasonable," it did not rise to the level of a firable offense.
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September 02, 2025
Md. Says Liability Shield Doesn't Apply To Dali Ship Manager
The state of Maryland, injured plaintiffs and other claimants have told a federal judge that the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year cannot invoke a nearly two centuries old maritime law to limit its liability for the wreck.
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September 02, 2025
Google Keeps Chrome, Payments, But Must Prop Up Rivals
A D.C. federal judge imposed sweeping requirements on Google on Tuesday meant to prop up search engine rivals with data, but rejected the U.S. Department of Justice's demand that the company spin off its Chrome browser or that it be barred from paying for search engine placement.
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September 02, 2025
India Opens WTO Dispute Over US 50% Copper Tariff
India has initiated a dispute at the World Trade Organization over the U.S.' imposition of a 50% tariff on copper products, according to a request for consultations published Tuesday.
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September 02, 2025
FCC Pushes Forward On Next-Gen TV Transition
The Federal Communications Commission issued new guidance Tuesday aimed at accelerating the transition to next-generation TV by making it easier for broadcasters to clear the regulatory process.
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September 02, 2025
3rd Circ. Probes Jurisdiction In Dispute Over NJ US Atty
The Third Circuit on Tuesday ordered defendants and the federal government to make a case for the appeals court's jurisdiction over a district court's ruling disqualifying acting U.S. Attorney Alina Habba from overseeing two cases, saying the court "ordinarily lacks jurisdiction" over pretrial orders in criminal cases.
Expert Analysis
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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.
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What To Expect From 401(k) Plan Alternative Assets Order
The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
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The Future Of Lab-Test Regs After FDA Rescinds Rule
The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.