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Public Policy
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September 24, 2025
Md. County Backs Landowners In 4th Circ. Power Line Dispute
A county board of commissioners in Maryland told the Fourth Circuit that a Public Service Energy Group unit trying to build a 67-mile transmission line has no right to conduct testing on private landowners' properties, saying a lower court erred in granting the company access.
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September 24, 2025
5th Circ. Tosses Takings Claim Over Texas Bridge Contract
The Fifth Circuit has ruled local governments can act like any other party to a contract after the city of Mesquite, Texas, refused to extend a development agreement and shut down an attempt by a group of real estate owners to claim a refund on costs for building a multipurpose bridge.
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September 24, 2025
NYC Housing Bribe Case Winding Down As Another Trial Set
A Manhattan federal judge on Wednesday teed up a trial for a Bronx assistant public housing superintendent accused of taking $14,000 in bribes, as an anti-corruption sweep targeting 70 workers at the New York City Housing Authority inched toward an end.
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September 24, 2025
Sen. Ossoff Pushes Fed. Courts To Uphold Access To Counsel
Sen. Jon Ossoff, D-Ga., has urged the Judicial Conference to take further action to ensure that all defendants, particularly low-income ones, have access to counsel for their initial appearance in federal court.
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September 24, 2025
Ohio House Bill Seeks Approval Rule For Some Property Tax
Ohio would require some political subdivisions to obtain approval from their member governing bodies before imposing property tax above a statutory limit under a bill introduced in the state House of Representatives.
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September 23, 2025
UC Researchers Win Expanded Injunction Against Grant Cuts
A California federal judge Monday issued another preliminary injunction ordering the Trump administration to reinstate grants awarded to University of California researchers, this time resurrecting grants awarded by the U.S. Department of Defense, the U.S. Department of Transportation and the National Institutes of Health.
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September 23, 2025
Judiciary Dems Demand Feds Explain 'Border Czar' Probe
Democratic members of the Senate Judiciary Committee announced Tuesday they are looking into the Trump administration's alleged closure of a U.S. Department of Justice bribery investigation of White House "border czar" Thomas Homan, following recent news reports that he accepted $50,000 from an undercover FBI agent.
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September 23, 2025
Industry Witnesses In Google Ad Tech Case Not 'That Helpful'
A Virginia federal judge tightened the leash Tuesday on the U.S. Department of Justice and Google fight over the company's advertising placement technology business, expressing dissatisfaction with non-technical industry witnesses testifying about the benefits and costs of a government breakup proposal.
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September 23, 2025
Ad Groups Urge Newsom To Veto Calif. Opt-Out Tool Bill
Four major ad industry groups are asking California Gov. Gavin Newsom to veto a bill that would require browser developers to offer a digital tool enabling consumers to more easily opt out of online behavioral advertising throughout the web.
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September 23, 2025
5th Circ. Won't Disturb EPA's Denial Of Texas Ozone Plan
The Fifth Circuit on Monday refused to upend a U.S. Environmental Protection Agency decision denying Texas' Clean Air Act implementation plans, finding that the EPA's procedure complied with the law and its reasoning for denying the plans "was sound."
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September 23, 2025
DC Circ. Says FMC's Late-Fee Rule Makes No Sense
The Federal Maritime Commission's "demurrage and detention" fees rule does not make sense, the D.C. Circuit has ruled, partially striking down the rule after finding that the agency had not given a good reason for allowing some entities to be fined for shipping delays while blocking others.
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September 23, 2025
Towing Cos. Can Bill For Special Rigs, Conn. Justices Say
Upending three lower decisions to the contrary, the Connecticut Supreme Court on Tuesday said tow truck operators can charge extra fees on top of hourly labor rates when using specialized equipment to clear highway wrecks, saying a limited interpretation of a state motor vehicle regulation could hinder accident cleanup efforts.
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September 23, 2025
Sandisk Gets Support In 'Settled Expectations' Challenge
Industry groups, professors and Unified Patents are backing Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's policy of denying review of patents based on the owner's "settled expectations," saying it flouts the law and undermines the patent review system.
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September 23, 2025
Amazon Prime Trapped Consumers, FTC Tells Seattle Jury
Amazon knew for years that millions of people were inadvertently enrolling in its Prime subscription program because of its design choices but prioritized boosting membership counts over fixing the problem, the Federal Trade Commission told a Seattle federal jury on Tuesday, kicking off a long-awaited consumer protection trial against the e-commerce giant.
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September 23, 2025
Banks Urge SEC To Hold Crypto Custody To Same Standards
Financial services trade groups have cautioned the U.S. Securities and Exchange Commission against broadly permitting investment advisers and state-chartered trust companies to safeguard customer's cryptocurrency assets, urging the agency to maintain equal standards for all financial custodians amid planned crypto rulemaking.
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September 23, 2025
NC Legislature Passes Bill To Eliminate Cashless Bail
In the wake of the murder of a Ukrainian refugee on public transit allegedly by a man recently arrested and freed on a promise to appear, North Carolina's General Assembly on Tuesday passed a bill to eliminate cashless bail and make it easier to execute people in the state.
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September 23, 2025
FCC Demands Boomerang, Others Repay $1.1M For Contracts
The Federal Communications Commission said it is owed more than $1.1 million for spending more on computer tablets than was needed by two wireless companies during pandemic-era assistance programs.
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September 23, 2025
CFTC Seeks Feedback On The Use Of Crypto Collateral
The U.S. Commodity Futures Trading Commission launched an initiative on Tuesday to enable the use of certain crypto assets as collateral in derivatives markets, soliciting industry suggestions on potential pilot programs, amendments to regulations and relevant issues.
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September 23, 2025
Hedge Funds Call For CFTC To End Dual Registration
A group representing the hedge fund industry is calling on the U.S. Commodity Futures Trading Commission to drop the need for industry participants to submit to agency oversight in cases where fund managers are already registered with the U.S. Securities and Exchange Commission, calling the dual registration requirement "costly" and "inefficient."
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September 23, 2025
CFPB Frees Apple, US Bank From Biden-Era Consent Orders
The Consumer Financial Protection Bureau has lifted two more enforcement orders issued during the Biden administration, this time granting both Apple Inc. and U.S. Bank NA an early release from ongoing monitoring years ahead of schedule.
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September 23, 2025
New Illinois Law Opens The Door To More Toxic Tort Litigation
A new Illinois law expanding the state's jurisdictional reach in toxic tort cases has drawn mixed reactions from attorneys, with some praising the law as an added accountability measure for toxic exposure and others decrying it as an open invitation for forum shopping that could clog the state's dockets.
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September 23, 2025
ACLU Says ICE Won't Provide Records On Colo. Expansion
The American Civil Liberties Union Foundation of Colorado claimed in federal court on Tuesday that U.S. Immigration and Customs Enforcement is refusing to comply with a request for information on plans to expand operations in the state.
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September 23, 2025
Professor Says New West Point Policy Stifles Free Speech
The longest-serving law professor at West Point has accused the school of violating the free speech rights of its civilian instructors with a new policy that requires professors to obtain permission before participating in or publishing papers tied to their position at the school.
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September 23, 2025
Alaska Tribe Fights State's Bid To Revive Gaming Case
An Alaskan Native Village is fighting a request by the state to reopen a dispute that rejected the tribe's bid to secure the right to open a bingo hall, telling a D.C. federal court there's nothing to enforce in the matter.
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September 23, 2025
Enviro Orgs. Ask 5th Circ. To Review Delfin LNG Project License
Environmental groups on Monday asked the Fifth Circuit to find that the U.S. Department of Transportation violated federal law when it issued a license for the construction and operation of the Delfin LNG LLC deepwater liquefied natural gas project.
Expert Analysis
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Balancing The Promises And Perils Of Tokenizing Securities
Tokenizing listed securities offers the promise of greater efficiency, accessibility and innovation, but a recent U.S. Securities and Exchange Commission statement makes clear that the federal securities laws continue to apply to tokenized securities, so financial institutions and technology developers must work together to create clear rules, say attorneys at Orrick.
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How To Increase 3rd-Party Preissuance Patent Submissions
Attorneys Marian Underweiser and Marc Ehrlich, who helped draft the America Invents Act, discuss changes that the U.S. Patent and Trademark Office could potentially implement to facilitate its hopes for increased participation in front-end patent challenges.
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How Cos. In China Can Tailor Compliance Amid FCPA Shifts
The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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SEC, FINRA Obligations In Changing AI Regulatory Landscape
Despite the U.S. Securities and Exchange Commission's recent withdrawal of its proposed artificial intelligence conflict rules, financial regulators remain focused on firms developing the correct AI compliance framework, as well as continuously testing and supervising them to ensure they're fit for purpose, say attorneys at Cahill Gordon.
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.
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How Property Insurers Serve As Climate Change Harbingers
Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Assessing Impact Of USPTO's New Patent Policies
Recent data shows how the U.S. Patent and Trademark Office's new patent policies are affecting America Invents Act trial institution rates, including spurring an uptick in discretionary denials, say attorneys at Armond Wilson.
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What US Medicine Onshoring Means For Indian Life Sciences
Despite the Trump administration's latest moves to onshore essential medicine manufacturing, India will likely remain an indispensable component of the U.S. drug supply chain, but Indian manufacturers should prepare for stricter compliance checks, says Jashaswi Ghosh at Holon Law Partners.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.