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Public Policy
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September 10, 2025
Feds Barred From Axing 30-Year Noncitizen Services, For Now
A Rhode Island federal judge Wednesday blocked the Trump administration from enacting a policy change requiring immigration status checks for a number of federally funded community services, saying a coalition of Democratic-led states is likely to succeed in its assertion that the move is unconstitutional, as well as arbitrary and capricious.
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September 10, 2025
Long Island Town Hit With Another Pot Shop Suit Over Zoning
The Long Island town of Southampton, New York, was hit with another lawsuit accusing it of weaponizing its zoning to block marijuana shops from opening, with the latest suit claiming it changed its laws at the last minute to prohibit an all but ready-to-open retail shop, wasting hundreds of thousands of dollars the cannabis entrepreneur spent.
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September 10, 2025
Cannabis Co. Says Battle With Activists Was Tossed Too Soon
A multistate cannabis company told a New Jersey state appeals court on Wednesday that its lawsuit against local opponents of a cultivation facility was prematurely dismissed, while the activists countered that the case amounted to a strategic lawsuit against public participation cloaked in land-use litigation.
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September 10, 2025
NC Justice Probes 'Scalia-Style' View Of Waste Fee Law
A North Carolina Supreme Court justice probed the expansiveness of counsel's argument over a county's solid waste ordinance Wednesday, wondering if channeling a "Justice Scalia"-style reading of the text suggests that a property owner could hire a private waste collector just once a year to sidestep an annual fee.
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September 10, 2025
FCC's Carr Says Agency Clawbacks Save More Than $9M
The Federal Communications Commission will be clawing back more than $9 million in overpayments that it says it mistakenly made to telecoms and discovered as part of an audit of the "antiquated high-cost program."
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September 10, 2025
DHS Moves To End Suit Over Protected Status Terminations
Homeland Security Secretary Kristi Noem urged a California federal judge to end a lawsuit challenging her termination of temporary protection statuses for immigrants from Honduras, Nicaragua and Nepal seeking refuge from environmental and political crises, arguing Tuesday the court lacks jurisdiction since her determinations are shielded from judicial review.
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September 10, 2025
DOJ Retreats From Reunification Claim In Kids Removal Suit
A government attorney told a D.C. federal judge Wednesday she couldn't contest a Guatemalan government report undercutting the Trump administration's claim that it tried to deport 76 unaccompanied minors over Labor Day weekend to reunite them with their parents.
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September 10, 2025
FCC Sticks With Nearly $1M Pirate Radio Fine
A New York City area man was slapped with a nearly $1 million Federal Communications Commission fine Wednesday for operating an illegal radio station, after the agency says he ignored the notice warning that they intended to fine him for nearly a year.
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September 10, 2025
Fla. Rep. Accuses Primary Rival Of Defamation In $1M Suit
A Florida member of Congress sued a primary challenger and is seeking at least $1 million in damages after alleging he defamed her in various campaign statements posted to the internet and in published newspaper columns.
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September 10, 2025
FCC Calls Preemption The Way To Rush Telecom Deployment
The Federal Communications Commission is considering making a "rocket docket" for permitting disputes and blocking states and localities from denying small cell wireless permits based on aesthetic concerns, according to a rule update the agency is proposing.
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September 10, 2025
Trump Admin's Push To Sunset Energy Regs Faces Hurdles
Legal obligations and practical challenges may hamstring the Trump administration's efforts to wipe out as many energy regulations as possible, making the moves vulnerable to lawsuits while creating uncertainty for the energy industry.
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September 10, 2025
Texas Gov. Issues Executive Order On Hemp Products For Kids
Texas Republican Gov. Greg Abbott on Wednesday issued an executive order requiring state agencies to implement rules restricting the sale of hemp-derived psychoactive products to anyone under the age of 21.
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September 10, 2025
Md. Appeals Court Says Psychoactive Hemp Wares Illegal
A Maryland appeals court on Tuesday ruled that products containing psychoactive compounds derived from hemp are illegal, delivering a blow to a coalition of hemp interests that brought a constitutional challenge to the state's recreational marijuana legalization law.
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September 10, 2025
Airbnb Presses Bid To Toss Conservative Shareholders' Suit
Airbnb Inc. is urging a Delaware federal judge to reject a lawsuit from two conservative institutional shareholders, arguing that delivery of the groups' shareholder proposals to the company's mail room doesn't suggest executives sought to exclude the submissions from the company's 2025 proxy materials.
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September 10, 2025
3rd Circ. Questions NJ's Bid To Block Kalshi's Sports Bets
The Third Circuit seemed prepared on Wednesday to block New Jersey from enforcing a sports gambling ban on trading platform KalshiEx, with at least one judge arguing the U.S. Commodity Futures Trading Commission's authority to regulate the event contracts space "seems quite broad."
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September 10, 2025
Calif. Gig Worker Union Bill Sent To Newsom's Desk
A plan to give gig drivers in California the right to unionize and negotiate certain job terms and conditions is headed to Gov. Gavin Newsom's desk less than two weeks after state leaders reached a deal with Uber and Lyft to facilitate its passage.
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September 10, 2025
FTC Warns Healthcare Employers About Noncompetes
The Federal Trade Commission has sent letters warning healthcare employers and staffing companies not to include overly broad noncompete restrictions in their employment contracts and urged them to conduct a review to ensure they comply with the law.
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September 10, 2025
Fla. Panel Says State's Open-Carry Ban Is Unconstitutional
A Florida appeals court on Wednesday unanimously struck down a state law that restricted the open carry of firearms, saying the statute was incompatible with the Second Amendment because it was at odds with a "historical tradition of firearms regulation" in the U.S.
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September 10, 2025
Unions' Challenge To Fed. Layoffs, Reorganizations Proceeds
The Trump administration must continue facing a union-backed challenge to its federal worker layoffs and agency reorganizations, a California federal judge ruled, tossing the administration's argument that the U.S. Supreme Court cast enough doubt on the suit's legitimacy by pausing an injunction to justify dismissing the case.
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September 10, 2025
Fla. Judge Gets First Dem Vote Of Trump's 2nd Term
Sen. Peter Welch, D-Vt., a member of the Senate Judiciary Committee, on Tuesday became the first Democrat to vote for a judicial nominee of President Donald Trump's second term.
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September 10, 2025
4th Circ. Hears Neb. Tribe's Fight For Children's Repatriation
The U.S. Army can't say that the remains of two children entombed in a former Pennsylvania Indian boarding school are not part of a collection or holding, counsel for a Nebraska tribe told a Fourth Circuit panel on Wednesday in seeking the return of the remains to their tribe, arguing that they were buried and re-buried without tribal consent.
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September 10, 2025
FTA Probes Charlotte Transit After Fatal Light Rail Stabbing
The Federal Transit Administration has launched itself into the fray surrounding the stabbing death of a 23-year-old Ukrainian refugee on a city light rail line in Charlotte, North Carolina, announcing on Wednesday that it is investigating the city transit system's compliance with federal safety regulations.
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September 10, 2025
Longtime Mich. Resident In ICE Custody Gets Bond Hearing
A Michigan federal judge on Tuesday ordered Immigration and Customs Enforcement to give a longtime resident a bond hearing or release him from detention within seven days, finding the government has been inappropriately keeping him in custody under a section of law that applies to those trying to enter at the border.
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September 10, 2025
FERC Urged To Drop 'Ill-Conceived' Pipeline Review Updates
Gas industry groups urged the Federal Energy Regulatory Commission to accept Secretary of Energy Chris Wright's request to scrap plans for greater environmental reviews for pipeline approvals, agreeing that they exceed FERC's authority and undermine regulatory certainty.
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September 10, 2025
BLM Says It Will Rescind Biden-Era Land Conservation Rule
The U.S. Bureau of Land Management on Wednesday said it will roll back the Biden administration's Public Lands Rule, which the agency says improperly prioritizes land conservation over uses like energy development and livestock grazing.
Expert Analysis
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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.
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Building Better Earnouts In The Current M&A Climate
In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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Reform Partly Modernizes Small Biz Stock Gains Exclusion
Changes to the Internal Revenue Code in the One Big Beautiful Bill Act update the qualified small business stock gains exclusion to reflect inflation, but the regime would be more in line with current business realities if Congress had also made the exemption available to additional business structures, says Mark Parthemer at Glenmede.
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.