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Public Policy
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September 08, 2025
Dem Sens., AGs Increase Pressure On DOJ's HPE Merger Deal
The controversial Justice Department settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks drew further pushback from Democratic senators and state attorneys general who respectively sought answers from U.S. Attorney General Pam Bondi and told a California federal judge to reject the deal.
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September 08, 2025
Class Actions May Be The New Injunction Bid, And Next Target
In the two months since the Supreme Court hobbled universal injunctions, lawyers and trial judges have pivoted to adjust to a new litigation landscape, with class actions playing a larger role in lawsuits seeking to stop presidential policies. That, in turn, could put the tactic in the administration's crosshairs.
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September 08, 2025
Senior Int'l Tax Official At IRS To Join Baker McKenzie
A 15-year veteran of the Internal Revenue Service, who recently served as acting commissioner of the Large Business & International Division, will join Baker McKenzie's tax practice in Washington, D.C., later this month, the firm said Monday.
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September 08, 2025
Bessent Says US Will Refund Revenue If Justices Nix Tariffs
If the U.S. Supreme Court decides President Donald Trump lacked authority to impose tariffs under the International Emergency Economic Powers Act, the U.S. government will refund revenue it has collected with tariffs under that law, Treasury Secretary Scott Bessent said.
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September 08, 2025
9th Circ. Backs Trump Donor's Tax, Foreign Agent Convictions
A venture capitalist whose 12-year prison term for evading taxes and making illegal campaign contributions through foreign clients was commuted by President Donald Trump did not plead guilty to the crimes involuntarily, the Ninth Circuit found in affirming his convictions, rejecting his claim that his attorney hid information from him.
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September 08, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.
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September 08, 2025
Most Criminal Summonses In NYC Get Tossed, Study Finds
The vast majority of criminal summonses issued in New York City get dismissed in court, usually due to insufficiency of the information police officers provide in them, and they are issued disproportionately more to Black and Hispanic people, according to a study of official data released Monday.
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September 08, 2025
Conn. Tax Atty Wants Full Appeals Court To Rethink Her Firing
Connecticut's former tax legal director has asked the full Connecticut Appellate Court to reconsider an appellate panel's ruling that found her firing was proper after she used her work computer to send unauthorized draft legislation to a lobbyist, arguing that as a case of first impression it is important for the full court to weigh in.
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September 08, 2025
Appeal Limited To NJ US Atty DQ Ruling, 3rd Circ. Told
The federal government and defense counsel have agreed that the scope of a Third Circuit appeal is limited to the disqualification of New Jersey Acting U.S. Attorney Alina Habba from overseeing two cases.
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September 08, 2025
Dems Again Ask NY Ethics Body To Investigate Bove
Two Democratic senators filed an updated ethics complaint with the New York State Courts' attorney ethics body against recently confirmed Third Circuit Judge Emil Bove, citing what they called his "quid pro quo deal" to drop criminal charges against New York City Mayor Eric Adams and other alleged ethical violations.
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September 08, 2025
NC High Court Snapshot: Pot Smell Test, Atty's Divorce Feud
North Carolina's top court will return from its summer hiatus in September to address whether law enforcement can rely on the smell of marijuana alone in the age of legalized hemp to justify a warrantless search. Here are some highlights of the high court's September lineup.
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September 08, 2025
Idaho Developer Looks To Defend $2B Gold Mine Project
The developer of a proposed $2 billion Idaho gold mine wants to intervene in a tribe's challenge that looks to block the project, saying it has already invested more than $400 million in the endeavor and has an interest in developing and moving the effort forward without delay.
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September 08, 2025
Tracking The Copyright Fights Between Creators And AI Cos.
In the three years since ChatGPT burst onto the scene, artificial intelligence developers like OpenAI, Meta and Anthropic have faced dozens of lawsuits accusing them of infringing the intellectual property of authors, artists, news organizations and the like.
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September 08, 2025
FCC Ready To Kick Off Review Of Cox-Charter Deal
The Federal Communications Commission has set into motion its public interest review of the $34.5 billion deal to combine Charter Communications Inc. and Cox Communications into a powerhouse offering broadband, video and mobile services.
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September 08, 2025
Lawmakers Push To Finalize Tribal Water Rights Settlements
A bipartisan group of lawmakers is urging congressional leaders to make a move on several tribal water rights settlement bills that are pending before the U.S. Senate, saying that doing so will prevent costly litigation and ensure tribes and others have access to water.
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September 08, 2025
Ex-Judge Says Wash. DA, Court Sabotaged Election Bid
A Washington state attorney and former pro tem judge in Seattle has filed a lawsuit alleging she was racially discriminated against when a county prosecutor's office had her disqualified from hearing cases due to rulings she made from the bench.
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September 08, 2025
Pa. Bill Aims To Stop Reassessments For Small Improvements
Pennsylvania would allow small property improvements without the trigger of a reassessment under a bill introduced in the state Senate.
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September 08, 2025
Justices Let ICE Raids Continue In LA Without Restrictions
A divided U.S. Supreme Court on Monday lifted a temporary injunction on indiscriminate immigration stops in Los Angeles, after a lower court ruled in July that racial traits alone such as appearance and accent are not enough to question individuals.
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September 08, 2025
Chief Justice Pauses FTC Commissioner's Reinstatement
Chief Justice John Roberts issued an order Monday temporarily staying the reinstatement of Democratic Federal Trade Commissioner Rebecca Slaughter while the Trump administration fights to bring a case challenging her removal to the U.S. Supreme Court.
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September 08, 2025
Trump Loses 2nd Circ. Appeal Of $83M Carroll Verdict
A Second Circuit panel on Monday upheld an $83.3 million award against President Donald Trump for defaming writer E. Jean Carroll in 2019 in the wake of her sexual assault allegations, rejecting his claims of presidential immunity.
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September 07, 2025
Stewart Says New Patent Policies Aim To Bring Stability
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart said Sunday that new patent review policies the office has implemented are aimed at making the patent system more stable, saying that in her view, repeated patent challenges can result in "the antithesis of stability."
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September 05, 2025
SEC Lost Year's Worth Of Gary Gensler Texts, Watchdog Says
The U.S. Securities and Exchange Commission made "avoidable errors" that caused the agency to lose all text messages sent and received by former chair Gary Gensler for nearly a year of his tenure, some of which haven't been recovered, according to a report from the SEC's Office of Inspector General.
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September 05, 2025
DC Circ. Won't Halt Order Releasing Billions In Foreign Aid
Both a divided D.C. Circuit panel and a district court judge Friday refused to hit pause on the judge's recent order requiring the Trump administration to release billions of dollars in frozen foreign aid.
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September 05, 2025
Feds Say Supreme Court Trumps 9th Circ.'s UC Grant Ruling
The Trump administration has urged the Ninth Circuit to reconsider a panel decision that upheld an order to reinstate University of California research grants terminated by the White House, saying the U.S. Supreme Court subsequently contradicted the panel's holding in a "materially identical" case.
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September 05, 2025
Stewart Tackles Markets, Injunctions In Newest PTAB Reviews
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart released 14 institution decisions in the last week, providing more insight on the scope of settled expectations and the impact of a district court preliminary injunction.
Expert Analysis
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How To Navigate NYC's Stricter New Prenatal Leave Rules
On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.
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HHS Plan To Cut Immigrant Benefits Spurs Provider Questions
A recent notice from the U.S. Department of Health and Human Services identifying new federal public benefit programs for which nonqualified aliens are not eligible may have a major impact on entities that participate in these programs — but many questions remain unanswered, say attorneys at Foley.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Strategies For ICE Agent Misconduct Suits In The 11th Circ.
Attorneys have numerous pathways to pursue misconduct claims against U.S. Immigration and Customs Enforcement agents in the Eleventh Circuit, and they need not wait for the court to correct its misinterpretation of a Federal Tort Claims Act exception, says Lauren Bonds at the National Police Accountability Project.
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Opinion
SEC Should Restore Its 2020 Proxy Adviser Rule
Due to concerns over proxy advisers' accuracy, reliability and transparency, the U.S. Securities and Exchange Commission should reinstate its 2020 rule designed to suppress the influence that they wield in shareholder voting, says Kyle Isakower at the American Council for Capital Formation.
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DOJ Consumer Branch's End Leaves FDA Litigation Questions
With the dissolution of the U.S. Department of Justice's Consumer Protection Branch set to occur by Sept. 30, companies must carefully monitor how responsibility is reallocated for civil and criminal enforcement cases related to products regulated by the U.S. Food and Drug Administration, say attorneys at Foley & Lardner.
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Surveying The Changing Overdraft Fee Landscape
Despite recent federal moves that undermine consumer overdraft fee protections, last year’s increase in fee charges suggests banks will face continued scrutiny via litigation and state regulation, says Amanda Kurzendoerfer at Bates White.
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Handling Sanctions Risk Cartel Control Brings To Mexico Port
Companies operating in or trading with Mexico should take steps to mitigate heightened exposure triggered by routine port transactions following the U.S. Treasury’s recent unequivocal statement that a foreign terrorist organization controls the port of Manzanillo, says Jeremy Paner at Hughes Hubbard.
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The Road Ahead For Digital Assets Looks Promising
With new legislation expected to accelerate the adoption of blockchain technology, and with regulators taking a markedly more permissive approach to digital assets, the convergence of traditional finance and decentralized finance is closer than ever, say attorneys at Dechert.
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Asbestos Trusts And Tort Litigation Are Still Not Aligned
A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.
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Opinion
Closing The Chemical Safety Board Is A Mistake
The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.
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The Evolving Legal Landscape For THC-Infused Beverages
A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.
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New NY Residential Real Estate Rules May Be Overbroad
New legislation imposing a 90-day-waiting period and tax deduction restrictions on certain New York real estate investors may have broad effects and unintended consequences, creating impediments for a wide range of corporate and other transactions, says Libin Zhang at Fried Frank.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.