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Public Policy
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September 25, 2025
Pa. Justices Affirm Pittsburgh's 'Jock Tax' Is Unconstitutional
Pittsburgh's 3% fee imposed on the income of nonresident professional athletes is unconstitutional and violates the state's uniformity clause, the Pennsylvania Supreme Court affirmed Thursday.
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September 25, 2025
Feds Want USPTO Union Suits Over Trump Order Reassigned
The Trump administration has asked for two cases from labor unions that represent employees of the U.S. Patent and Trademark Office and other agencies challenging an executive order that ended their collective bargaining rights to be reassigned to different judges, saying the cases in D.C. federal court are unrelated to other suits challenging the order.
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September 25, 2025
Broadcasters Ask FCC To Junk Radio Ownership Caps
The broadcast industry, after convincing a court this year to jettison some local TV ownership limits, is trying to convince the Federal Communications Commission that it's also time for radio ownership caps to go.
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September 25, 2025
AI-Created Attack Video Among Threats Facing State Judges
State judges sounded the alarm Thursday over "disturbing" threats leveled against them and fellow jurists across the country, from unsolicited pizza deliveries to an artificial intelligence-generated video of a jurist being murdered with a hatchet.
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September 25, 2025
EU, US Trade Officials Meeting On Tariff Deal
In advance of a meeting Thursday between European and U.S. trade officials, European Commission trade spokesman said discussion topics could include possible rate reductions and tariff exemptions for additional goods under an evolving bilateral framework trade agreement.
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September 25, 2025
Pence Group Backs 7th Circ. Pick Attacked By Conservatives
Former Vice President Mike Pence's organization has come out in support of Seventh Circuit nominee Rebecca Taibleson following attacks against her from other conservative groups.
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September 25, 2025
Fla. Atty Vacancy Proposal Draws Support Amid Bar Criticism
A proposal to allow out-of-state lawyers to work in Florida state government has drawn support this month from the governor's office and associations of prosecutors and public defenders, while the Florida Bar believes the proposal violates the state constitution.
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September 25, 2025
Texas College Admins Must Face Drag Show Free-Speech Suit
A Texas federal judge said two West Texas A&M University administrators must face a free speech suit a student group brought over the cancellation of an on-campus drag show and the likely cancellation of any future show.
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September 25, 2025
Western NC Fed. Judge Nominee Would Break Gender Barrier
If U.S. Magistrate Judge Susan Rodriguez is confirmed by the U.S. Senate Judiciary Committee, she will be one step closer to becoming the first woman to serve as an Article III district court judge in the 153-year history of the Western District of North Carolina.
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September 25, 2025
Judge Says NY Discharge Law Usurps Feds' Nuclear Authority
A federal judge has ruled that a New York law barring the release of radioactive materials into the Hudson River — which was passed in response to the decommissioning of the Indian Point Energy Center nuclear plant — infringed on the federal government's oversight of nuclear safety.
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September 25, 2025
Families Cite Trump In Bid To Revive Tylenol Autism Claims
Families suing the maker of Tylenol quickly cited President Donald Trump's words this week as they pushed the Second Circuit to overturn a lower-court ruling that barred their expert witnesses from testifying that prenatal exposure to the medicine can cause autism.
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September 25, 2025
Conn. Cities' Insulin Pricing Suits Against PBMs Join NJ MDL
Two Connecticut cities' civil racketeering and state trade practices law claims against insulin manufacturers Eli Lilly and Co., Novo Nordisk Inc. and Sanofi-Aventis US LLC, and pharmacy benefit managers CVS Caremark, Express Scripts and Optum Rx, have been rolled into a New Jersey multidistrict litigation proceeding.
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September 25, 2025
Calif. City Asks Justices To Reboot Housing Law Challenge
The city of Huntington Beach, California, has urged the U.S. Supreme Court to revive its claims challenging state laws that require the city to build enough housing to keep up with population growth, arguing an appeals panel wrongly found the city can't bring a federal constitutional challenge against its parent state.
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September 25, 2025
Fed. Circ. Upholds China Tariffs From Trump's 1st Term
The Federal Circuit on Thursday blessed a large batch of tariffs on Chinese goods installed by President Donald Trump during his first White House term, turning away a host of importers' claims that the levies had been imposed illegally.
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September 25, 2025
Amazon To Pay $2.5B To End FTC's Prime Claims Midtrial
Amazon has agreed to a landmark $2.5 billion settlement to end the Federal Trade Commission's consumer protection case targeting its Prime subscription program, the commission announced Thursday, just days into what was expected to be a monthlong trial.
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September 25, 2025
Coalition Urges Senate To Block Bills Threatening DC Law
More than 270 individuals and organizations, including law firms, bar associations and advocacy groups, on Thursday urged the Senate to reject two House bills that they say would usurp the judicial selection process in Washington, D.C., and the independence of D.C.'s attorney general.
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September 24, 2025
DC Judge Won't Reinstate IGs Over 'Obvious' Trump Violation
A Washington, D.C., federal judge on Wednesday declined to reinstate eight inspectors general whom President Donald Trump fired without warning or rationale, finding that while it is "obvious" the president violated federal law governing the removal of inspectors general, the plaintiffs have not shown irreparable harm.
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September 24, 2025
'Poorly Drafted' Immigration Case Dismissal Email Withdrawn
The Executive Office for Immigration Review on Tuesday formally withdrew an email from May that became central to litigation challenging immigration courthouse arrests and quick dismissals of removal proceedings, saying the email, although "poorly drafted," was never policy.
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September 24, 2025
ABA Says Trump's Firm Intimidation Policy Isn't Hypothetical
The American Bar Association on Wednesday urged a D.C. federal court not to dismiss its suit claiming the Trump administration has launched an unconstitutional campaign of intimidation against law firms, arguing that the intimidation firms have experienced isn't hypothetical or imagined, as the government contends.
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September 24, 2025
Google Ad Tech Judge Ponders If Order Without Sale Is Enough
A Virginia federal judge wondered aloud Wednesday if it's necessary to break up Google LLC's advertising placement technology business, or if she can address the monopolies targeted by the U.S. Department of Justice through a "strict set of requirements."
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September 24, 2025
DHS Barred From Tying Disaster Aid To Immigration Agenda
The Trump administration unlawfully attached conditions to emergency service funding that required states to cooperate with the U.S. Department of Homeland Security's immigration enforcement, a Rhode Island federal judge ruled Wednesday, agreeing with a multistate coalition that the conditions are unconstitutional, arbitrary and capricious.
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September 24, 2025
Calif. Judge Urged To Reject Noem's Bid To Escape TPS Suit
An immigrant rights group told a California federal judge that Homeland Security Secretary Kristi Noem is rehashing rejected arguments to try to escape a suit alleging she cut corners to end temporary protected status designations for Honduras, Nicaragua and Nepal.
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September 24, 2025
Calif. Tribes Fight State Highway Patrol Over Cannabis Raids
The Round Valley Indian Tribes have opposed the state of California's motion to dismiss their lawsuit over what they claim are illegal cannabis raids, telling a federal judge that the bid to throw out their suit fails to prevail over the latest complaint's factual allegations.
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September 24, 2025
Gunmakers Ask 2nd Circ. For Another Chance At Liability Law
The Second Circuit has been asked to reconsider its recent ruling that upheld a New York public nuisance statute allowing claims specifically against gun manufacturers that cause public harm, saying the decision flouts a federal law shielding those companies from the criminal misuse of guns.
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September 24, 2025
Tower Developer Linked To Menendez Ally Wants Suit Tossed
The developer behind a disputed high-rise project — once led by a businessman convicted in the bribery scheme involving former U.S. Sen. Robert Menendez — is asking a New Jersey judge to dismiss a lawsuit brought by a neighboring municipality, arguing the case is incurably flawed.
Expert Analysis
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Evaluating The SEC's Rising Whistleblower Denial Rate
The rising trend of U.S. Securities and Exchange Commission whistleblower award claim denials represents a departure from the SEC's previous track record and may reflect a more conservative approach to whistleblower award determinations under the current administration, say attorneys at Troutman Pepper.
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State Crypto Regs Diverge As Federal Framework Dawns
Following the Genius Act's passage, states like California, New York and Wyoming are racing to set new standards for crypto governance, creating both opportunity and risk for digital asset firms as innovation flourishes in some jurisdictions while costly friction emerges in others, say attorneys at Sheppard Mullin.
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
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Key Insurance Coverage Considerations For AI Data Centers
The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Unpacking The New Opportunity Zone Tax Incentive Program
The One Big Beautiful Bill Act brought several improvements to the opportunity zone tax incentive program that should boost investments in qualified funds, including making it permanent, increasing federal income tax benefits in rural areas, redesignating the qualified zones, and requiring more in-depth reporting, says Marc Schultz at Snell & Wilmer.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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What New CFPB Oversight Limits Would Mean For 4 Markets
As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.
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MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't
As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.
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Navigating Brazil's Regulations, Incentives For Green Projects
Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Potential Paths To Modernizing The Bank Secrecy Act
The Bank Secrecy Act's analog design has become increasingly incompatible with today's digital financial ecosystem, but legislative reforms, coupled with regulatory adjustments including updated thresholds, feedback mechanisms and innovation sandboxes, would help adjust the act to the unique challenges of modern technology, says Matthew Biben at King & Spalding.
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Definitions Of 'Waters Of The United States' Ebb And Flow
The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.
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Trump Tax Law's Most Impactful Energy Changes
The One Big Beautiful Bill Act's deferral of begin-construction deadlines and the phaseout of certain energy tax credits will provide emerging technologies with welcome breathing room, though other changes, like the increased credit rate for sustainable aviation fuel, create challenges for developers, say attorneys at Weil.
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Texas Property Law Complicates Financing And Development
A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.