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Public Policy
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September 03, 2025
Trump's Refugee Admission Pause Looks Legal To 9th Circ.
Two Ninth Circuit judges suggested on Wednesday that President Donald Trump had the authority to suspend U.S. refugee admissions in a January executive order, while also hinting that his administration went too far by pulling funding for resettlement support.
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September 03, 2025
4th Circ. Denies Injunction In Md. Cannabis Licensing Challenge
A California cannabis entrepreneur lost her bid to upend Maryland's social equity licensing program Tuesday when the Fourth Circuit ruled that the state's policies seeking to address inequalities within the cannabis industry are not discriminatory.
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September 03, 2025
Dem Sens. Demand DOJ Fire Ex-FBI Agent Tied To Capitol Riot
A man who stormed the Capitol on Jan. 6, 2021, and previously worked at the FBI was hired to work in the "weaponization" group at the U.S. Department of Justice, and now Democrats are calling for his removal.
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September 03, 2025
CFTC Member Expresses 'Discontent' As She Exits Agency
Departing Commodity Futures Trading Commission member Kristin Johnson used her final speech Wednesday to express disfavor with some recent agency actions, saying she was running out of ways to "politely describe" her "discontent" with the recent loosening of licensing standards.
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September 03, 2025
DOL Proposal On FLSA Home Care Rule Gets 5,000 Comments
The U.S. Department of Labor received over 5,000 comments on its plan to rescind an Obama-era rule that expanded wage protections for home care workers, with advocacy organizations arguing that the DOL didn't provide enough backup for the rescission while others saying the move is in line with the fall of Chevron deference.
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September 03, 2025
Feds Move To Sink Mass. Offshore Wind Farm Approval
The federal government said Wednesday it will yank approval for a Massachusetts offshore wind farm 20 miles south of Martha's Vineyard, the latest in a series of moves by the Trump administration to stymie U.S. offshore wind development.
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September 03, 2025
Bondi Raises Bar For Private-Violence, Family Asylum Claims
Attorney General Pam Bondi has issued two new decisions reversing Biden-era attorney general precedents, raising the bar for asylum claims based on nonstate violence and tightening requirements for families to count as eligible social groups.
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September 03, 2025
Authority For Emergency Tariffs Poses Puzzle For Justices
The U.S. Supreme Court faces a provocative puzzle over President Donald Trump's worldwide tariff regime that the Federal Circuit has found illegal, as the judges' positions didn't follow the usual political lines, leaving wide open how the high court may rule on the president's tariff powers.
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September 03, 2025
Enviro Groups Urge 11th Circ. To Keep Detention Center Shut
Seven environmental groups filed an amicus brief Tuesday in the appeal of an order shutting down an Everglades immigration detention center, arguing that the district court was right to enjoin the center because the federal government failed to fulfill its obligations under the National Environmental Policy Act.
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September 03, 2025
Denver Sheriff Sergeant Urges Trial In Sex Bias Promotion Suit
A man who claims the Denver Sheriff Department violated Title VII of the Civil Rights Act by promoting three women to captain over him as part of a self-imposed quota for female officers has asked a Colorado federal judge to deny the sheriff's department summary judgment.
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September 03, 2025
9th Circ. Upholds Ruling Against Wash. Tribe's Fishing Claims
A Ninth Circuit panel Wednesday affirmed a lower court's ruling that determined a Washington tribe fell short of its evidentiary burden to establish that a 19th century treaty included its customary fishing grounds near the Puget Sound after vacating the dispute for further review last year.
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September 03, 2025
4th Circ. Says Md. Immunity Doesn't Apply In Tugboat Case
The Fourth Circuit said Wednesday that a tugboat owner's petition seeking to limit its liability over a 2015 accident involving Maryland's Nanticoke River Memorial Bridge does not infringe on the state's sovereign immunity, so it can proceed in the district court.
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September 03, 2025
Mich. Atty Tells Appeals Court He's Worth $1,500 Per Hour
A Michigan attorney told an appellate panel Wednesday that his track record and experience warrant the $1,500 hourly rate awarded by a trial court which found a city's breach-of-contract suit against his client, a former councilor, was frivolous.
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September 03, 2025
Lumen's Bid To Move $1.4B Pension Suit Out Of Colo. Blocked
A Colorado federal judge on Wednesday rejected Lumen Technologies' request to move to Louisiana a proposed class action alleging it wrongly transferred obligations for a $1.4 billion pension fund to a private equity-controlled insurance company, with the judge finding the venue provision in the pension plan does not apply.
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September 03, 2025
Texas Judge Asks Feds How Boeing Deal Serves Public
A Texas federal judge pressed the U.S. government to explain why he should accept a nonprosecution agreement with Boeing that would let the company escape a criminal case for its role in deadly 737 Max 8 crashes, asking Wednesday how the deal serves the public.
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September 03, 2025
Military To Blame For Maine Mass Shooting, Victims Allege
Victims and relatives of those who died in a 2023 mass shooting in Lewiston, Maine, on Wednesday accused the U.S. government of failing to stop the Army reservist who opened fire, alleging the military was aware the gunman posed a threat but misled others about his danger.
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September 03, 2025
1st Circ. Doubts Eateries' Suit Over Outdoor Dining Limits
The First Circuit appeared unlikely on Wednesday to revive a suit on behalf of restaurant owners in Boston's North End over the city's restrictions on outdoor dining, repeatedly questioning the basis for the plaintiffs' retaliation claims.
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September 03, 2025
Ga. County Board Will Face Black Voter Disenfranchisement Suit
A Georgia federal judge has refused to dismiss a suit alleging Houston County's at-large method of electing its board of commissioners dilutes Black voting strength in violation of the Voting Rights Act, disagreeing with the board's interpretation of the VRA's rules allowing such suits, among other issues.
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September 03, 2025
7th Circ. Judge Probes FDIC's In-House Enforcement Powers
A Seventh Circuit judge on Wednesday pushed counsel for the Federal Deposit Insurance Corp. to address whether an Illinois community bank's ex-chairman alleging the agency's in-house proceedings are unconstitutional waived his Seventh Amendment right to trial by jury by virtue of working at an institution that participates in the FDIC's insurance program.
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September 03, 2025
Fla. Surgeon General Pushes To End State's Vaccine Mandates
Florida's surgeon general on Wednesday said he intends to work toward undoing all of the state's vaccine mandates, including for schoolchildren.
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September 03, 2025
Judge Backs Harvard In Suit Over Trump's $2B Fund Freeze
The Trump administration illegally froze more than $2 billion in grants earmarked for Harvard University when it failed to offer an explanation as to how cutting the funds addressed the government's stated goal of ending antisemitism on campus, a Massachusetts federal judge ruled Wednesday.
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September 03, 2025
Honda Fights FCC Adding Car Technologies To Security List
Honda has told the Federal Communications Commission that adding certain vehicle technologies to the government's "covered list" of banned devices made in foreign adversary countries would duplicate efforts already being carried out by the U.S. Commerce Department.
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September 03, 2025
Hartford Beats State Rep.'s Police Bias Suit, For Now
The city of Hartford will not have to face a lawsuit alleging the police mishandled a state representative's sexual assault report, for the time being, with a Connecticut federal judge saying the claims are "conclusory and simply state a legal conclusion" that the department customarily mistreats women and Muslims.
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September 03, 2025
FCC Chief Aims To End Disputed School Wi-Fi Programs
The head of the Federal Communications Commission said Wednesday he's looking to overturn two controversial Biden-era FCC programs to fund providing Wi-Fi on school buses and hot spots for students' and library patrons' off-campus use.
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September 03, 2025
Wash. Court Pressed To Immediately End EV Funding Freeze
Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.
Expert Analysis
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Why Bank Regulators' Proposed Leverage Tweak Matters
Banking agencies' recent proposal to modify the enhanced supplementary leverage ratio framework applicable to the largest U.S. banks shows the regulators are keen to address concerns that the regulatory capital framework is too restrictive, say attorneys at Moore & Van Allen.
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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How Banks Can Harness New Customer ID Rule's Flexibility
Banking regulators' update to the customer identification process, allowing banks to collect some information from third parties rather than directly from customers, helps modernize anti-money laundering compliance and carries advantages for financial institutions that embrace the new approach, say attorneys at Bradley Arant.
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CEQA Reform May Spur More Housing, But Devil Is In Details
A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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How Trump Cybersecurity EO Narrows Biden-Era Standards
President Donald Trump recently signed Executive Order No. 14306, which significantly narrows the scope and ambition of a Biden executive order focused on raising federal cybersecurity standards among federal vendors, say attorneys at Jenner & Block.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Grappling With Workforce-Related Immigration Enforcement
To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.
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Opinion
The SEC Should Embrace Tokenized Equity, Not Strangle It
The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.