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Public Policy
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September 18, 2025
2nd Circ. To Weigh EFTA's Scope In NY's Citi Wire Fraud Case
The Second Circuit has granted Citibank's request for an appeal in its fight with New York Attorney General Letitia James over the bank's response to incidents of online wire transfer fraud, agreeing to review whether key federal consumer protections for electronic payments apply to wire transfers initiated over the internet.
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September 18, 2025
Calif. Slams Truck-Makers' Bid To Block Emissions Regs
California has told a federal judge that truck manufacturers seeking to renege on their commitments to follow stringent state emissions standards for heavy-duty trucks in the coming years aren't entitled to an injunction now, and the Trump administration cannot bulldoze California into falling in line.
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September 18, 2025
Fed. Circ. Hears 'Settled Expectations' Are 'Lawless' In IP Feud
SanDisk Technologies Inc. and its former parent have become the latest challengers at the Federal Circuit to the U.S. Patent and Trademark Office's discretionary denial practices, taking aim at its acting director's holdings that patent owners eventually have the right to assume their patents won't be challenged.
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September 18, 2025
DC Judge Included In Senate's Bloc Confirmation
A judge for the Superior Court of Washington, D.C., was confirmed on Thursday as part of the en bloc confirmation of 48 nominees to various positions following Republicans voting in favor of changing the rules.
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September 18, 2025
Groups Look To Block EPA's $3B Grant Cuts Amid Appeal
Conservation, tribal groups, and local and county governments are looking to block the U.S. Environmental Protection Agency from terminating a $3 billion climate grant program while they appeal a decision that dismissed their claims, arguing that public interest and equities weigh heavily in their favor.
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September 18, 2025
FTC Greenlights Amazon Prime Trial For Next Week
A Seattle federal judge has cleared the Federal Trade Commission's consumer protection case against Amazon to go to trial on Monday, finding the company violated at least one requirement of an e-commerce law, yet jurors must still decide if it clearly disclosed Prime subscription terms to users and offered simple cancellation methods.
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September 18, 2025
HHS Shutters Miami Organ Donor Org. For 'Unsafe' Practices
Federal health officials have decertified a Miami-based organ procurement organization that arranges organ donations after an investigation found a pattern of "unsafe" practices, marking the first time the federal government has revoked the certification of such a group, according to an announcement Thursday from Health Secretary Robert F. Kennedy Jr.
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September 18, 2025
IRS Discloses Details On ICE Agreement In Data Sharing Row
The U.S. government disclosed additional details Thursday on the agreement between the IRS and immigration enforcement authorities to share confidential tax return information, including who had necessary permissions to access the disclosures, following a D.C. federal judge's order in a lawsuit seeking to end the interagency data sharing.
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September 18, 2025
Army Challenges Tribe's Claims In Burial Dispute At 4th Circ.
The U.S. Army told the Fourth Circuit this week that a tribe seeking the repatriation of remains from a former Pennsylvania Native American boarding school was wrong to claim that it couldn't find living relatives of the entombed children, citing a news article pointing to the existence of those relatives.
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September 18, 2025
9th Circ. Won't Stay Venezuelans' TPS Win Amid Feds' Appeal
The Ninth Circuit denied on Wednesday the Trump administration's latest emergency-stay request, which would have let the government continue to unwind temporary protected status for 600,000 Venezuelans as it challenges its summary-judgment loss on appeal, rejecting the government's argument that the U.S. Supreme Court's prior stay ruling in the case controls.
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September 18, 2025
Gov't Told GPS Signal Jamming Growing Far Worse
More than a dozen trade groups banded together to tell federal agencies that GPS signal jamming is a growing concern to U.S. industries in international waters and airspace.
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September 18, 2025
EPA Will Maintain Hazardous Designations For PFOA, PFOS
The U.S. Environmental Protection Agency has said it will defend the Biden administration's decision to list two common forever chemicals as hazardous substances under the federal Superfund law.
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September 18, 2025
EPA Pitches Plan For Past Renewable Fuel Exemptions
The U.S. Environmental Protection Agency has proposed to reallocate some portion of the biofuel blending volumes it exempted 175 small fuel refiners from in August to overall blending requirements for the next two years.
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September 18, 2025
Conn. Banking Chief Orders $4.9M Restitution In School Fraud
Connecticut's banking commissioner has ordered two companies connected to Putnam Science Academy, a private high school in northeastern Connecticut, and two of its leaders to repay investors more than $4.9 million for allegedly perpetrating an affinity fraud scheme.
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September 18, 2025
Illinois Woman Loses Suit Over National Forest Hiking Injury
An Illinois federal judge has thrown out a woman's claims against the federal government over injuries she sustained when she cut her leg on a jagged metal post in Shawnee National Forest in southern Illinois, saying the government is immune to some of her claims and there is insufficient evidence to back up the rest.
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September 18, 2025
DOI Escapes Osage Nation's $4.9M Self-Determination Suit
A D.C. federal judge threw out a $4.9 million lawsuit over self-determination by the Osage Nation on claims that the U.S. Department of the Interior unlawfully rejected the tribe's final offer to amend a multiyear funding agreement with the DOI's Bureau of Indian Affairs.
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September 18, 2025
Circuit Split On Felon Gun Ban Could Set Up High Court Review
A growing divide among federal appellate courts on how a gun ban for felons fits within the U.S. Supreme Court's 2022 expansion of individuals' right to carry firearms in public could force the high court to revisit the Second Amendment.
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September 18, 2025
DOJ's Slater Says Google Search Fixes Set AI 'Foundation'
The head of the Justice Department Antitrust Division left the door open Thursday to appealing a D.C. federal judge's rejection of the government's most sweeping remedies proposals targeting Google's search monopoly, even as she used New York City remarks to tout the fixes the government did manage to win.
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September 18, 2025
Senate Confirms Squires To Lead USPTO
The U.S. Senate on Thursday confirmed Dilworth Paxson LLP partner John Squires to serve as the next U.S. Patent and Trademark Office director.
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September 18, 2025
Senate Confirms Trump's Pick To Lead DOL Benefits Arm
The Senate confirmed fiduciary liability insurance expert Daniel Aronowitz on Thursday to lead the U.S. Department of Labor's employee benefits division, which oversees regulation and enforcement of employer-provided health and retirement plans.
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September 18, 2025
Trump Forms Emergency Board In Long Island Rail Dispute
President Donald Trump has established a presidential emergency board to investigate an ongoing contract dispute between the Long Island Rail Road Co. and a group of unions representing its employees, the White House announced in an executive order Tuesday.
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September 18, 2025
Senators Intro Bill To Boost Contractor Price Transparency
Senators from both sides of the aisle laid out legislation that would require certain defense contractors to tell contracting officers when the price of a product or service provided under a contract surpasses the amount they proposed in their offer.
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September 18, 2025
OpenAI Faces Liability Test In Suit Over ChatGPT Suicide
A wrongful death suit accusing OpenAI's artificial intelligence tool ChatGPT of aiding a teenager's suicide is set to be a high-stakes test of the responsibilities that AI firms will have toward vulnerable users, particularly minors exhibiting signs of mental distress, attorneys said.
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September 18, 2025
Ex-Trump Atty Says Fla. Discipline Case Is Over 'Void' Charges
Former Trump campaign attorney Kenneth Chesebro told the Supreme Court of Florida this week to reject a push to discipline him over his conviction in Georgia's election interference racketeering case, arguing his name was cleared by a court order invalidating the charge to which he pled guilty.
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September 18, 2025
Dems Demand Even More Funds For Courts, Judicial Security
An alternative continuing resolution unveiled by the Democrats in the House and Senate on Wednesday evening includes more funding for judicial security and the courts than the Republicans' version, but it's unlikely it will be adopted as is.
Expert Analysis
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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.
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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.