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Public Policy
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September 26, 2025
DOD Says Wounded Knee Soldiers Will Keep Medals Of Honor
Twenty soldiers who participated in the 1890 Wounded Knee conflict that left nearly 300 Lakota people dead will keep their Medals of Honor, U.S. Secretary of Defense Pete Hegseth announced, saying the previous administration withheld a decision on whether to rescind the honors since last October.
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September 26, 2025
FCC Rejects More Equipment Labs Tied To Adversaries
The Federal Communications Commission said Friday it had blocked more labs tied to foreign adversaries from its equipment authorization program.
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September 26, 2025
Texas High Court Won't Redo Med Mal Nonprofit Liability Case
The Texas Supreme Court said Friday it won't disturb its May ruling that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees.
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September 26, 2025
Oregon Urges 9th Circ. To Revive Cannabis Labor Peace Law
Oregon officials urged the Ninth Circuit on Thursday to reverse a lower federal judge's decision that blocked enforcement of a voter-approved law requiring licensed cannabis businesses to enter into labor peace pacts with their workers.
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September 26, 2025
Advertisers, Publishers Can Expand Google Ad MDL Markets
A New York federal judge on Thursday allowed publishers and advertisers in multidistrict litigation over Google's advertising placement technology to expand their claims to cover a worldwide scope, like the U.S. Department of Justice's successful similar case, finding it would not prejudice the tech giant.
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September 26, 2025
Justices Urged To Review Suit Over Mich. City Tenant Info Law
Real estate companies have pressed the U.S. Supreme Court to review a Sixth Circuit decision upholding the dismissal of a constitutional contract claim in their suit against a Michigan city over a law requiring commercial landlords to provide prospective tenant information in order to obtain a license to rent to them.
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September 26, 2025
Calif. Fights Biz Groups' Bid To Halt Climate Disclosure Rules
California asked the Ninth Circuit to reject business groups' effort to halt two new state climate regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks.
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September 26, 2025
Texas' Eastern District Tightens Sealed-Document Procedures
Chief U.S. District Judge Amos L. Mazzant III of the Eastern District of Texas issued new protocols Wednesday for filing sealed documents that will prohibit electronic access effective immediately, a move that comes amid escalating cyberattacks on the federal judiciary's case management system.
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September 26, 2025
Mass. Tax Board Cuts $1M Home Value To Sale Price
A Massachusetts home valued at $1 million by a county assessor should have the value lowered to the price the home sold for, the state Appellate Tax Board ruled.
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September 26, 2025
Cherokee Nation Cos. Appeal Gaming License Suit To 8th Circ.
Two Cherokee Nation entities are looking to the Eighth Circuit to overturn an Arkansas federal court decision that dismissed their challenge to a voter-approved referendum that revoked a gambling license in the state.
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September 26, 2025
Commerce Opens 2 New Section 232 Investigations
The U.S. Department of Commerce recently self-initiated investigations into imports of medical devices and personal protective equipment as well as robotics to determine whether they pose a national security threat requiring tariff actions under Section 232 of the Trade Expansion Act of 1962, according to two notices published Friday.
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September 26, 2025
Ex-Perkins Coie, DOJ Enviro Lawyer Joins Greenberg Traurig
A former assistant section chief in the U.S. Department of Justice's Environmental and Natural Resources Division has joined Greenberg Traurig LLP's Washington, D.C., office after five years with Perkins Coie LLP.
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September 26, 2025
Small Cable Firms Say FCC Alert Changes Could Harm Them
A cable industry group cautioned the Federal Communications Commission that making big revisions to the country's Emergency Alert System could put some small providers out of business if the new rules mean heavy compliance burdens.
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September 25, 2025
DOJ Unveils New 'Affirmative Litigation' Civil Division Branch
The U.S. Department of Justice Thursday announced its newly created "Enforcement & Affirmative Litigation Branch," part of which will be dedicated to going after states, municipalities and private entities that impede federal immigration enforcement or profit from "false and misleading claims" about gender transition.
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September 25, 2025
Trump Blesses Deal To Transfer TikTok To $14B US Co.
President Donald Trump Thursday signed an executive order greenlighting a proposed deal that transfers the majority of TikTok's U.S. operations to a new U.S.-based joint venture, saying that the divestiture adequately addresses national security concerns.
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September 25, 2025
Ex-FBI Head Comey Indicted Days After Va. US Atty Replaced
A federal grand jury in the Eastern District of Virginia on Thursday indicted former FBI Director James B. Comey on making a false statement and obstruction of Congress charges, just days after Donald Trump's former personal attorney took over as interim U.S. attorney in the district.
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September 25, 2025
Stanford Daily Can't Sue Over Deportation Fears, DOJ Says
The Trump administration has moved for a win in The Stanford Daily's lawsuit that seeks to bar the government from deporting noncitizen students who express pro-Palestinian views, telling a California federal court that the student-run newspaper and two students lack standing.
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September 25, 2025
Google VP Says Ad Tech Breakup Is 'Possible'
The Google executive responsible for its advertising placement technology business told a Virginia federal judge Thursday that the company previously determined that a breakup was doable, even as he argued that the U.S. Department of Justice is mischaracterizing recent considerations of what that would look like.
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September 25, 2025
Senate Dems Float Bill To Shield Neural Data From Misuse
A trio of Senate Democrats proposed legislation Wednesday that would establish a federal framework for how companies and the government collect and use data derived from measuring brain activity, arguing that the current lack of protections for such neural data leaves consumers open to manipulation and other serious harms.
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September 25, 2025
Standing Questions Loom In Mozambique LNG Loan Dispute
The requirements for organizational standing dominated much of Thursday's oral argument over the Export-Import Bank of the United States' decision to back a massive liquefied natural gas project in Mozambique, as the challengers sought a preliminary injunction that could hinge on recent standing rulings from the D.C. Circuit and U.S. Supreme Court.
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September 25, 2025
Pa. Justices Say Child Arbitration Invalid Despite Parents' OK
The Pennsylvania Supreme Court ruled Thursday that parents signing waivers at attractions like trampoline parks cannot bind their children or spouses to arbitration, in twin injury suits seeking to hold Sky Zone liable for two minors' injuries.
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September 25, 2025
Fed's Cook Warns Justices Of Fed Independence 'Death Knell'
Federal Reserve Gov. Lisa Cook urged the U.S. Supreme Court on Thursday to reject President Donald Trump's bid to immediately oust her, warning that allowing her dismissal at this juncture would "sound the death knell" for an independent Fed.
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September 25, 2025
CashCall Urges Justices To Overturn $134M CFPB Award
CashCall is asking the U.S. Supreme Court to overturn a Ninth Circuit order that left the loan company on the hook for $134 million in restitution to the Consumer Financial Protection Bureau, despite the firm's insistence that conflicting precedent deprived it of its right to a jury trial.
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September 25, 2025
DOJ Fights Colo., Denver Bid To Escape Sanctuary Suit
Colorado and Denver may not have to help enforce immigration laws, but they can't actively obstruct them, the Trump administration said, urging a federal judge to allow its lawsuit challenging their sanctuary policies to proceed.
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September 25, 2025
Judge Seeks More Info Before Splitting Corrections OT Trial
A Colorado federal judge said she wouldn't make a determination on whether a proposed collective action against the state Department of Corrections, alleging the agency didn't pay its criminal investigators while on call, should be split into different trials until she has more information on each side's expectations for the case.
Expert Analysis
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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.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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Data Undermines USPTO's 'Settled Expectations' Doctrine
An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.
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Drafting M&A Docs After Delaware Corp. Law Amendments
Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.