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Public Policy
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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.
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September 23, 2025
11th Circ. Affirms Toss Of Ga. Strip Club's Ordinance Suit
The Eleventh Circuit on Tuesday upheld the dismissal of a lawsuit filed by Atlanta-area strip club Follies against the city of Chamblee, alleging the city passed a series of unconstitutional ordinances related to the sale of alcohol at adult establishments that forced it to close its doors.
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September 23, 2025
DHS Floats H-1B Rule To Prioritize Higher-Paid Workers
The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.
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September 23, 2025
Trump Tariffs Are Constitutional, President's Allies Tell Justices
Two Republican lawmakers and two allied nonprofit groups told the U.S. Supreme Court on Tuesday that it should allow President Donald Trump's emergency tariffs authorized under the International Emergency Economic Powers Act.
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September 23, 2025
Tribe Fights Mont. County's Bid To Delay Voting Rights Case
An Indigenous tribe is fighting a county's bid to pause its voting rights lawsuit in Montana federal court, arguing that a dilutive map illegally supports an "at large" election system that has resulted in a failure to meet the needs of tribal citizens.
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September 23, 2025
Ex-Provost Says UNC Hired Belichick After Unlawful Meeting
A former provost is suing the University of North Carolina at Chapel Hill's board of trustees in state court, alleging the board conducted last-minute hiring deliberations over a multimillion-dollar contract for legendary football coach Bill Belichick in an unlawfully secret meeting.
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September 23, 2025
Cannabis Cos. To Pay $400K In Deal Over Sleep Aid Product
The companies behind the 1906 brand of cannabis products have agreed to halt all sales in Colorado and pay $400,000 to the state in order to end an investigation into allegations that they sold a marijuana-based sleep-aid product, "Midnight Drops," that might have caused liver problems.
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September 23, 2025
Tylenol MDL In Spotlight After Trump Blasts Use In Pregnancy
The Trump administration's attack on the use of acetaminophen during pregnancy drew on the work of a Harvard expert whose analysis is central to a legal clash now before a federal appeals court. The president's broadside promises to energize plaintiffs.
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September 23, 2025
$6.6M IRS Civil Fraud Penalty Ruled Constitutional
A Pennsylvania federal judge upheld a $6.6 million civil fraud tax penalty against an insurance broker over its captive deductions, ruling Tuesday that the Internal Revenue Service's assessment of the penalty without a jury trial was constitutional.
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September 23, 2025
Watchdog Calls For DC, Md. Bar Investigations Into Carr
A government accountability watchdog brought a complaint against Federal Communications Chair Brendan Carr to the D.C. Bar Association on Tuesday, claiming Carr violated conduct rules when he threatened to bring FCC action against ABC if it declined to discipline Jimmy Kimmel over his remarks following Charlie Kirk's murder.
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September 23, 2025
NC Sens. Vote To Cut Planned Parenthood's Medicaid Funds
Republican state senators in North Carolina have greenlit a bill that would revoke Medicaid funding for Planned Parenthood, aligning the Tar Heel state with the president's "One Big Beautiful Bill," which prohibits Medicaid funding for nonprofit groups that provide abortion services.
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September 23, 2025
Religious Orgs Ask DC Circ. To Revive Bid To Block ICE Raids
Christian and Jewish religious organizations urged the D.C. Circuit to vacate a denial of their preliminary injunction request to stop immigration raids on places of worship, arguing Monday their injuries caused by attendance drops are traceable to the "unprecedented assault on their religious exercise" by the Department of Homeland Security.
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September 23, 2025
Ship's Owner Can't Shift Blame For Bridge Collapse, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse cannot try to shift blame for its own failings, the South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. has told a Pennsylvania federal court.
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September 23, 2025
FERC Urges Justices To Let Grid Incentive Ruling Stand
The Federal Energy Regulatory Commission urged the U.S. Supreme Court not to disturb its revocation of an incentive for power companies that are required to be members of a regional transmission organization.
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September 23, 2025
Feds Illegally Denying Immigrant Bond Hearings, Suit Says
The Trump administration is deliberately misclassifying immigrants marked for removal proceedings in an effort to illegally skirt their right to a bond hearing, according to a proposed class action filed Tuesday in Massachusetts federal court.
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September 23, 2025
Neb. Tribe Seeking Kids' Remains Fights Army's Defense
A Native American tribe seeking to repatriate children's remains currently held on U.S. Army property told the Fourth Circuit on Tuesday that the federal government is misrepresenting the tribe's complaint by claiming the tribe improperly said it couldn't locate living relatives.
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September 23, 2025
9th Circ. Rejects Rehearing On Arizona Voting Restrictions
The Ninth Circuit has said it will not reconsider its decision that certain provisions of two Republican-backed Arizona voting laws violated federal law by requiring residents to provide proof of citizenship to vote by mail and in presidential elections.
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September 23, 2025
EU Eyeing Country-Level Min. Tax Exemption For US Cos.
The European Union's preferred method for accommodating the U.S. proposal to exempt American companies from the 15% global minimum tax's international provisions would be to allow a conditional safe harbor that member countries would need to enact individually, a top EU tax official told lawmakers Tuesday.
Expert Analysis
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8 Compliance Team Strategies To Support Business Agility
Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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Annual Report Shows CFIUS Extending Its Reach In 2024
The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.
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Trump Tax Law's Most Impactful Corp. And Individual Changes
The One Big Beautiful Bill Act built on and reshaped elements of the Tax Cuts and Jobs Act, including business interest deductions, bonus depreciation and personal income relief, delivering substantial changes to both corporate and individual tax policy, say attorneys at Weil.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Trump Tax Law's Most Consequential International Changes
The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How 6th Circ. Ruling Deepens Split On Broker Liability
A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.
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How The Genius Act May Aid In Fight Against 'Pig Butchering'
The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Opinion
Congressional Bid Protest Concerns Lack Evidence
The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.