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Public Policy
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September 12, 2025
Mass. AG Says KalshiEX Running Betting Platform In Disguise
Online "prediction market" KalshiEX LLC was hit on Friday with a lawsuit by Massachusetts regulators alleging the New York-based company is running what amounts to an unlicensed sports betting platform.
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September 12, 2025
When The Supreme Court Says Using Race Is OK
The U.S. Supreme Court is allowing government agencies to expressly use race in furthering their immigration enforcement goals, while prohibiting the use of race as even one of the factors to consider in college admissions. Some legal scholars see a double standard.
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September 12, 2025
Justices' Tariff-Suit Review Halts Case In Texas Federal Court
A Texas federal court has postponed further proceedings in a suit challenging President Donald Trump's emergency tariffs until the U.S. Supreme Court considers matters involving similar claims that were taken under review earlier this week.
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September 12, 2025
Chicago Teachers Union Beats Teacher's Race Bias Suit
The Chicago Teachers Union won't have to face a lawsuit alleging that it discriminated against a teacher by not pursuing four grievances she filed, an Illinois federal judge ruled Friday, saying she did not put forward evidence connecting the union's inaction to her race or national origin and has "done nothing more than speculate."
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September 12, 2025
EPA To Spike Greenhouse Gas Reporting Program
The U.S. Environmental Protection Agency on Friday proposed repealing a 15-year-old program that requires power plants, fossil fuel and natural gas suppliers, and other facilities to report their greenhouse gas emissions, which the EPA said would save companies money.
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September 12, 2025
Cops Not Immune In Suit Over Fabricated Proof, 3rd Circ. Says
The Third Circuit held in a precedential ruling Friday that police officers are not shielded by qualified immunity in malicious prosecution lawsuits involving allegations of fabricated evidence and forced confessions.
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September 12, 2025
Chem Industry's Goals For Toxic Substance Law Face Hurdles
The chemical industry is pushing to overhaul a federal toxic substances law to accelerate the approval of new products, but narrow party margins in Congress, compromises built into the law and environmental groups' opposition weigh heavily against them.
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September 12, 2025
NC Auditor Urges Transparency After Cop Gets $350K Payout
The North Carolina auditor's office recommended Friday that the city of Charlotte reconsider its funding sources for settlements and be more transparent about those arrangements following an investigation into the city's secretive $305,000 deal with its outgoing police chief.
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September 12, 2025
DOJ Fights To Keep LA Sanctuary Policy Lawsuit Alive
The government urged a California federal judge on Thursday to reject Los Angeles' bid to dismiss its lawsuit over the city's immigration sanctuary ordinance, claiming the law discriminates against immigration agents, is preempted by federal law and is not protected by the 10th Amendment.
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September 12, 2025
Broker Wants DC Circ. View Of FINRA Constitutionality Claim
A broker-dealer representative has asked the D.C. Circuit to review a lower court's refusal to block an enforcement action against him from the Financial Industry Regulatory Authority despite his claims that the pending in-house hearing is unconstitutional under the U.S. Supreme Court's Jarkesy decision.
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September 12, 2025
Bill Aims To Secure Advance Funding For Tribal Services
A group of bipartisan federal lawmakers has reintroduced legislation that would authorize advance appropriations to the Indian Health Service, Bureau of Indian Affairs and Bureau of Indian Education to avoid funding lapses, saying the agencies fund critical services to tribal nations.
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September 12, 2025
Appeals Courts Rethink Harsh Youth Sentences, Search Rules
State appellate courts across the country have issued major criminal law opinions this year, softening some of the harshest sentences for young defendants while shifting rules for searches and evidence collection.
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September 12, 2025
NY Judge Keeps Cayuga Citizen's 911 Bias Claims Alive
A federal judge has dismissed a New York tribe's Civil Rights Act claims against two of the state's counties, while leaving in play a tribal council member and citizen's allegations in the dispute over 911 access, saying he plausibly asserted discrimination.
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September 12, 2025
Customs Duties 2nd Largest US Revenue Source In August
Customs duties, including tariffs, were the second-largest contributor to federal revenues in August, raising $30 billion, the U.S. Treasury Department said in a monthly statement.
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September 12, 2025
NJ AG Asks Judge To Toss Suit Over Rapid DNA Memo
The New Jersey Attorney General's Office is asking a state judge to dismiss the state Office of the Public Defender's lawsuit seeking the release of an internal legal memorandum about the use of rapid DNA technology, saying the complaint is time-barred and its release would breach attorney-client privilege.
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September 12, 2025
EU Lets Microsoft Unbundle Teams To Avoid Fine
European Union antitrust officials signed off Friday on Microsoft's plans to offer cheaper Office 365 suites without the Teams collaboration platform in order to avoid a potentially hefty fine for past policies shackling the two services together.
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September 12, 2025
Firm Says Lender In 'Falsified' Loan Suit Wasn't A Client
Pullman & Comley LLC has told a Connecticut state judge it should not have to face a New York lender's claims in a legal malpractice case accusing the multistate law firm of failing to flag allegedly falsified $16.2 million loan documents because the plaintiff was not its client.
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September 12, 2025
Title Group Says FinCEN Erred In Rule On All-Cash Resi Deals
The American Land Title Association told a Florida federal judge that the U.S. Department of the Treasury's Financial Crimes Enforcement Network underestimated the costs and overestimated the benefits of a rule imposing new reporting requirements on all-cash residential real estate transactions.
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September 12, 2025
NYC Eviction Counsel Program Struggles To Meet Its Goals
More than half the households eligible for New York City's Right to Counsel program are not receiving legal representation in eviction cases, with representation rates peaking at just over half the qualified tenants in 2022 before falling to roughly one-third of citywide tenants in 2024, according to a report.
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September 12, 2025
Public Money Still Makes Or Breaks Stadium, Arena Deals
The number of pro sports franchise owners committing large amounts of their own money or private funds to build their stadiums and arenas continues to grow — and yet, legal experts say, public money remains a high hurdle for those owners and everyone involved in such negotiations to clear before those facilities open.
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September 12, 2025
Fresh Angles On Display In ERISA Summer Filing Uptick
Attorneys dealing with a rise in Employee Retirement Income Security Act cases are paying close attention to a handful of recent suits with allegations that put a twist on traditional benefits disputes. Here, Law360 looks at three cases with fresh angles that lawyers are keeping an eye on.
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September 11, 2025
States Push Conn. Court To Ban Generic Drug Price-Fixing
A court order is necessary to prevent pharmaceutical companies and their executives from illegally fixing the prices of generic drugs, a coalition of state enforcers have told a Connecticut federal judge, arguing there is a "reasonable expectation" that the allegedly anticompetitive behavior at the center of multidistrict litigation will happen again.
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September 11, 2025
Trump's CFTC Nominee Publicly Feuds With Winklevoss Twins
Brian Quintenz is accusing crypto exchange founders Tyler and Cameron Winklevoss of pressuring President Donald Trump to delay his nomination to lead the U.S. Commodity Futures Trading Commission, saying in a social media post that the identical 44-year-old twins were apparently unhappy that he refused to make promises about a complaint they've lodged against agency attorneys.
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September 11, 2025
Trump Wants Fed Gov. Cook Out Before Next Rate Meeting
The Trump administration asked the D.C. Circuit Thursday to halt a preliminary injunction barring the removal of Federal Reserve Gov. Lisa Cook, urging the appellate court to fast-track its decision in an effort to block Cook from participating in a meeting regarding interest rates next week.
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September 11, 2025
Wash. Judge Halts Feds' Head Start Citizenship Check Policy
A Washington federal judge issued a nationwide preliminary injunction on Thursday blocking a Trump administration policy requiring Head Start participants to prove citizenship, finding the federal directive jeopardizes stable learning environments depended on by children and families across the country.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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2 Approaches To Atty Ethics Liability For Agentic AI Errors
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Parsing Trump Admin's First 6 Months Of SEC Enforcement
The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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The Consequences Of OCC's Pivot On Disparate Impact
The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.
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FDA Transparency Plans Raise Investor Disclosure Red Flags
The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.
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Rising USCIS Denials May Signal Reverse On Signature Policy
Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits
A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.
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How FDIC Appeals Plan Squares With Fed, OCC Processes
The Federal Deposit Insurance Corp.'s recent proposal to revise its appeals process merits a fresh comparison to the appeals systems of the Federal Reserve and Office of the Comptroller of the Currency, and would provide institutions with greater transparency and independence, say attorneys at Alston & Bird.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'
The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.