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Public Policy
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September 16, 2025
Coinbase Asks DOJ To Push For Preemption In Crypto Bills
Crypto exchange Coinbase has asked the U.S. Department of Justice to advocate for limiting states' authority to regulate the digital asset space in pending crypto market structure legislation, as Coinbase itself continues to battle state actions and navigate disparate licensure regimes.
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September 16, 2025
FTC Ends Director Overlap In Healthcare Space
The Federal Trade Commission said three members of Sevita Health's board of directors resigned after enforcers flagged an overlap with the board of a competing provider of specialty healthcare for people with intellectual and developmental disabilities.
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September 16, 2025
NC Tells 4th Circ. New E-Cig Regs Fit With Federal Law
The state of North Carolina is asking the Fourth Circuit to shut down a bid by vaping interests to block a new law giving state tax officials the ability to fine companies for selling vapes not authorized by federal regulators, saying the authority to do so is preserved by the Family Smoking Prevention and Tobacco Control Act.
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September 16, 2025
White House Fights Seattle's Bid To Block DEI Grant Rules
The Trump administration on Tuesday called on a Washington federal judge to let it proceed with federal grant conditions forcing recipients to drop efforts related to diversity and "gender ideology," contending that Seattle is challenging the terms based on mere speculation that the city may one day be targeted for "hypothetical noncompliance."
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September 16, 2025
DOE Asks Judge To Pull Plug On States' Cost Cap Suit
The U.S. Department of Energy has asked an Oregon federal judge to toss a New York-led lawsuit challenging a new policy that would cap certain overhead costs under energy assistance awards, arguing the change falls within its discretionary authorities.
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September 16, 2025
Trump Admin Says Judge Can't Protect Agency Union Pacts
If six federal agencies accept President Donald Trump's invitation to cancel their union contracts, a D.C. federal judge cannot intervene, the Trump administration has argued, claiming that the unions must bring their fight to protect the contracts to a federal labor-management relations agency, not a judge.
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September 16, 2025
Ex-Officials Say Harvard Visa Ban Will Hurt US Security
Twenty-one former senior national security officials urged the First Circuit on Monday to uphold an injunction letting Harvard enroll international students on F-1 visas, saying the administration's attempt to bar the university from doing so is retaliatory and will drive foreign talent away.
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September 16, 2025
'Incurably Premature': Suit Over Alleged EB-5 Rule Tossed
A Seattle federal judge on Monday tossed an immigrant investor's lawsuit challenging an allegedly arbitrary action that resulted in U.S. Citizenship and Immigration Services revoking her visa petition, saying she could not sue since she did not first exhaust administrative remedies.
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September 16, 2025
Federal Court Reporter Beats Transcript Omission Claim
A court reporter for an Illinois federal judge Tuesday defeated a lawsuit brought by a pro se plaintiff alleging she failed to transcribe part of a hearing and left out statements that would be damaging to the judge in an underlying employment dispute.
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September 16, 2025
FCC Tells 1st Circ. It Will Revamp Prison Phone Caps In Oct.
The First Circuit has declined to hold off a court challenge to the Federal Communications Commission's recently adopted prison phone rate caps despite the agency saying it plans to rework the rules in October.
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September 16, 2025
DC Circ. Urged To Rehear EPA's HFC Market Allocation Case
A Georgia refrigerants company is asking for another shot to challenge the U.S. Environmental Protection Agency's implementation of a 2020 law mandating an 85% reduction in hydrofluorocarbon consumption by 2036, requesting an en banc rehearing from the D.C. Circuit after a panel unanimously rejected its challenge last month.
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September 16, 2025
Tax-Exempt Hospitals Face Financial Duress, Panel Hears
The nation's nonprofit hospitals are under growing financial stress due to cutbacks in federal funding, an aging population and unnecessary spending on programs unrelated to providing healthcare to their communities, industry experts told lawmakers Tuesday at a congressional hearing.
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September 16, 2025
GOP Spending Bill Seeks $58M For Supreme Court, Marshals
The House Republicans unveiled their short-term spending bill Tuesday, and it includes an extra $28 million for security for the U.S. Supreme Court justices.
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September 16, 2025
EPA Sued For Dropping Slaughterhouse Water Pollution Regs
Several organizations have filed a petition with the Ninth Circuit contesting the U.S. Environmental Protection Agency's decision to renege on a Biden-era proposal that would've levied stricter rules of how much meat and poultry slaughtering, processing, and rendering facilities could discharge pollutants into nearby waterways.
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September 16, 2025
Wash. Justices Scrutinize Minimum Wage 'Live In' Exclusion
Washington Supreme Court justices on Tuesday pushed counsel for an adult family home on the stance that its "live in" workers are adequately protected by existing laws and regulations, pointing to testimony its employees are always on call and sometimes at risk of physical assault by residents.
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September 16, 2025
DC Circ. Asked To Look At ADA Injunction In Segregation Case
Washington, D.C., wants the D.C. Circuit to narrow an injunction commanding the district to help people in Medicaid-funded nursing homes move out of those facilities and into less restrictive forms of care, as the litigation approaches its 15th birthday.
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September 16, 2025
Commerce Asks For Inclusions To Steel, Aluminum Tariffs
The U.S. Department of Commerce announced the September window for stakeholders to comment on whether the government should include additional goods within the scope of the 50% steel and aluminum duties that President Donald Trump imposed earlier this year.
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September 16, 2025
Feds Seek Toss Of DC Hemp Store's Home-Rule Challenge
The United States government on Monday urged a federal judge to dismiss a challenge to federal policy restricting the nation's capital from regulating marijuana and hemp sales, saying the local retailer that brought the action lacked standing to sue.
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September 16, 2025
Rev Up Mobile Data Speed Standards, Rural Carriers Say
The federal target for mobile broadband speeds should be based on coverage provided to moving vehicles rather than to outdoor stationary devices, a trade group for rural wireless carriers told the Federal Communications Commission.
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September 16, 2025
Dems Renew Push To Ban Credit Checks In Hiring
Democratic lawmakers introduced legislation that would bar employers from requiring job applicants to disclose their credit history as part of the hiring process, saying the bill would remove a barrier that disproportionately hurts women and minority workers.
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September 16, 2025
Commerce Says Auto Tariff Request Window Opens In Oct.
The U.S. Department of Commerce's Bureau of Industry and Security issued guidance formally establishing the auto part tariff inclusion request process, and the first window for new requests by stakeholders will begin Oct. 1, according to a notice filed Tuesday.
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September 16, 2025
BlackRock Blames Coal Production Cuts On Falling Demand
BlackRock Inc. told a Texas federal court that coal production has declined because demand from coal-fired power plants has been falling for years, not because asset managers conspired to pressure the producers.
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September 16, 2025
US Asks Court To Sink Vermont Climate Superfund Law
The Trump administration, Republican-led states and business groups including the U.S. Chamber of Commerce and American Petroleum Institute on Monday asked a Vermont federal court to kill the state's climate Superfund law.
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September 16, 2025
Plant Bailout Cost Approvals Were Premature, FERC Told
Environmental and consumer advocates say the Federal Energy Regulatory Commission jumped the gun in approving plans to charge power consumers for the continued operation of retiring power plants that the Trump administration has controversially ordered to remain open.
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September 16, 2025
CVS Caremark Takes $290M Overbilling Judgment To 3rd Circ.
CVS's pharmacy benefits manager will appeal a judgment against the company that was recently increased from $95 million to $290 million in a suit alleging it overbilled Medicare Part D-sponsored drugs, according to a notice of appeal filed in Pennsylvania federal court.
Expert Analysis
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Fla. Law Is Part Of State Trend On Curbing Foreign Influence
A recently effective Florida law that broadly prohibits charities from receiving or soliciting funds from individuals and entities associated with certain foreign countries, the first of its kind in the nation, follows a growing state-level focus on foreign influence regulation, say attorneys at Venable.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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IPR Decisions Clarify Stewart's 'Settled Expectations' Factor
Recent discretionary denial decisions from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart have begun to illuminate the contours of her "settled expectations" doctrine, informing when it might be worth petitioning for inter partes review if the patent at issue has been in force for a few years, say attorneys at Morgan Lewis.
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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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.