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Public Policy
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September 11, 2025
NY Cannabis Regulators Back Hold On Proximity Rule
New York cannabis regulators on Wednesday signaled support for marijuana stores' proposal to temporarily halt enforcement of a recent regulatory reinterpretation about store location requirements that threatens to upend more than a hundred cannabis businesses.
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September 11, 2025
Declining Corp. Tax Rate Trend Shows Reversal, OECD Finds
A downward trend in corporate income tax rates among OECD members and other jurisdictions that lasted for decades showed further signs of reversing last year, yet countries continued a long-standing practice of narrowing their corporate tax bases, the organization said Thursday in a report.
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September 11, 2025
State Regulators Press FERC To Back $21.8B MISO Grid Plan
Utility commissions in favor of a $21.8 billion transmission development plan told the Federal Energy Regulatory Commission this week that other state commissions challenging the plan are mischaracterizing their policy differences as tariff violations.
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September 11, 2025
US Attorneys, Judicial Noms Advance Amid Senate Tensions
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, faulted Senate Minority Leader Chuck Schumer, D-N.Y., on Thursday, for getting in the way of efforts by him and Sen. Dick Durbin, D-Ill., the committee's ranking Democrat, to expedite the confirmation of U.S. attorney nominees.
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September 11, 2025
4th Circ. Seems Wary Of Backing Freeze On Trump DEI Orders
A Fourth Circuit panel appeared reluctant Thursday to uphold an injunction blocking parts of President Donald Trump's executive orders that aimed to cut grants and rein in diversity programs among federal contractors, posing tough questions to the groups who claim the orders are unconstitutional.
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September 11, 2025
Bill Giving White House More Control Of DC Judges Advances
The House Oversight and Government Reform Committee has advanced a bill on party lines that would abolish the commission in Washington, D.C., that vets and picks potential judicial nominees for the district's local courts.
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September 11, 2025
Trump Taps American Airlines Pilot For NTSB
President Donald Trump has nominated an American Airlines pilot to serve as a member of the National Transportation Safety Board, filling a vacancy on the five-member board that's contending with a series of high-profile accident investigations.
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September 11, 2025
Pa. Justices Seek Fair Process For Picking Tax Appeals
Pennsylvania's Supreme Court grappled Thursday with whether a school district's tax assessment appeals ran afoul of prior rulings upholding the uniformity clause of the state Constitution, suggesting that any criteria for choosing appeals might favor one kind of property over another.
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September 11, 2025
Senate Energy Panel Advances Republican FERC Nominees
The U.S. Senate Committee on Energy and Natural Resources on Thursday advanced President Donald Trump's picks to fill Republican slots on the Federal Energy Regulatory Commission in a largely party-line vote.
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September 11, 2025
NYC Council Overrides Mayor's Vetoes On Workers' Pay
The New York City Council overrode Mayor Eric Adams' veto of two bills that establish a minimum pay for grocery delivery drivers and roll out protections for delivery drivers, putting the legislation back on track.
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September 11, 2025
Montana Tribe Members Ask To Join Justices' Tariff Suit Review
Members of the Blackfeet Nation have asked the U.S. Supreme Court to join its review of cases challenging President Donald Trump's emergency tariffs, telling the justices that their arguments' inclusion in the matter is essential to support tribal rights under federal law.
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September 11, 2025
Connecticut City HR Chief Loses Pay Cut Case
A Connecticut federal judge has dismissed constitutional claims against the city of Derby and declined to hear a state-level breach of contract claim from the human resources director who said her pay was cut improperly, finding that she is not owed the salary she demanded.
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September 11, 2025
2nd Circ. Axes Hotel's Appeal After Town Drops Zoning Suit
The Second Circuit tossed a hotel's appeal bid for a district court order that remanded a New York town's zoning suit concerning asylum seekers staying at the hotel, ruling Thursday that it will also vacate the remand order because the town permanently dropped its suit against the hotel.
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September 11, 2025
Nadine Menendez Gets 4½ Years In Bribery Case
A Manhattan federal judge on Thursday sentenced Nadine Menendez to 4½ years in prison following her conviction at trial for aiding her husband Bob Menendez's corruption by acting as the go-between for bribe payments made to the former U.S. senator to help further the business and personal interests of three New Jersey businessmen.
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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.
Expert Analysis
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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.
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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.