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Public Policy
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September 19, 2025
Ky.-Based CBD Co. Sues Tenn. Regulators Over New Law
A Kentucky-based hemp products manufacturer is looking to block Tennessee officials from enforcing a new state law that would both ban direct-to-consumer sales and all health-related marketing labeling, according to a federal lawsuit that claims the statute violates the U.S. Constitution's commerce clause and the First Amendment.
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September 19, 2025
NC Judge Creates Bail Task Force, Citing 'Disturbing' Events
The chief justice of the North Carolina Supreme Court has ordered that a task force be created to study whether pretrial release policies comply with relevant state laws, and help develop a new suite of court rules governing when trial judges may release defendants.
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September 19, 2025
Hotel Settles Ga. Minor's Sex Trafficking Suit
A settlement has been reached in a 17-year-old girl's lawsuit accusing an Atlanta-based hotel and its management company of doing nothing to help when managers and hotel employees knew she and others were being sex trafficked.
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September 19, 2025
EU Finalizes Pact To Block Intra-EU Energy Charter Claims
Lawmakers in the European Union have adopted a decision agreeing that the Energy Charter Treaty's arbitration clause "cannot and never could serve as a legal basis for intra-EU arbitration proceedings."
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September 19, 2025
Bills Would End Emergencies For Tariffs On Brazil, Canada
A national emergency underpinning U.S. tariffs imposed on Canada and another one justifying most American tariffs on Brazil would be ended under a pair of resolutions introduced with bipartisan support by Sen. Tim Kaine, D-Va.
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September 19, 2025
CFPB Union Drops Suit Over DOGE Access To Worker Data
The National Treasury Employees Union on Friday dropped a lawsuit seeking to block Department of Government Efficiency access to personnel data at the Consumer Financial Protection Bureau, a move that comes as the union assesses next steps in its other, higher-profile challenge to the consumer agency's downsizing.
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September 19, 2025
Ore. Tax Court Must Defer To Dept.'s Rules, Justices Say
The Oregon Tax Court erred when it failed to defer to the Department of Revenue's assessment rules and decided to use a different valuation method in valuing a utility company's property, the state Supreme Court ruled.
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September 19, 2025
Fla. Entrepreneur Urges 1st Circ. To Remand RI Pot Regs Suit
A Florida entrepreneur on Friday urged the First Circuit to remand to Rhode Island federal court his constitutional challenge to Rhode Island's cannabis retail licensure scheme, now that the cannabis regulations at issue have been made public and the license application process is open.
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September 19, 2025
Fed Workers Can Telework For Religious Reasons, DOJ Says
Federal employees should be allowed to telework occasionally for religious reasons, even after President Donald Trump's January executive order requiring in-person attendance for government workers, the U.S. Department of Justice said.
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September 19, 2025
Lawmakers' Exit Puts Court, Judicial Security Funds In Limbo
Congress left for recess Friday afternoon after the Senate failed to pass a stopgap spending measure that includes funds for judicial security and the courts.
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September 19, 2025
DC Circ. Sides With FERC On Puerto Rican Gas Pipeline
The D.C. Circuit on Friday unanimously rejected challenges to a liquefied natural gas pipeline in Puerto Rico built after hurricanes battered the island's electrical grid, saying the Federal Energy Regulatory Commission's decision not to stop the project fell under its unreviewable enforcement discretion.
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September 19, 2025
Fla. Bar Must Conduct Bondi Ethics Probe, State Justices Told
An attorney has doubled down on his attempt to force the Florida Bar into investigating U.S. Attorney General Pam Bondi for alleged unethical conduct, arguing to the state Supreme Court that the bar has a clear legal duty to do so.
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September 19, 2025
FTC Restructuring Its Non-DC Offices Under Single Banner
The head of the Federal Trade Commission's Competition Bureau said in New York City remarks Friday that the agency is restructuring its offices outside its Washington, D.C., base so that those satellite units operate as a single division under an "easier, cleaner, more efficient reporting structure."
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September 19, 2025
Builder Not Covered In Conn. Park Dispute, Insurers Tell Court
Two insurers have no duty to defend or indemnify a developer and two of his companies against a suit accusing them of unlawfully encroaching on and destroying public land because the claims do not trigger their policies' insuring agreements, the insurers told a Connecticut federal court.
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September 19, 2025
Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts
In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.
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September 19, 2025
Former Immigration Judge's Bias Suit Gets Trimmed In Fla.
A Florida federal judge has trimmed multiple counts from a former immigration judge's discrimination lawsuit, finding that she failed to back up her bias claims.
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September 19, 2025
Trump Asks High Court To Lift Block On Trans Passport Ban
The Trump administration asked the U.S. Supreme Court on Friday to lift a nationwide order requiring the U.S. Department of State to issue passports to transgender and nonbinary individuals that reflect their gender identity, arguing the mandate wrongly compels the government to express speech it disagrees with.
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September 19, 2025
Groups Decry Bid To Roll Back Ariz. Monument Protections
Conservation groups are denouncing congressional legislation that, if approved, would nullify protections on two Indigenous national monuments in Arizona that were put in place to prevent new uranium, copper and gold mining of the sites.
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September 19, 2025
ICE Leaders Sued For Calif. Court Arrests, Custody Conditions
A class action complaint filed Thursday accused Trump administration officials of turning Northern California's immigration courts into "a trap" where masked agents ambush and needlessly arrest immigrants who must then endure squalid conditions in a makeshift San Francisco holding facility.
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September 19, 2025
USPTO's Top Solicitors To Leave Amid Continued Shake-Ups
The legal department at the U.S. Patent and Trademark Office is facing some shake-ups, with two of its top officials slated to leave the agency in the coming weeks.
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September 19, 2025
Mich. Top Court Again Backs Retroactive Auto Reform Limits
The Michigan Supreme Court on Friday reversed a lower state appellate panel's decision in a dispute over whether no-fault reforms enacted in 2019 apply to policies that "straddled" the reform effective dates, pointing to the top court's earlier finding that such policies are subjected to post-reform increased limits for liability.
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September 19, 2025
Rhode Island, Connecticut Fight To Finish Building Wind Farm
The Rhode Island and Connecticut attorneys general asked a Rhode Island federal judge to allow an energy developer to resume work on an offshore wind farm that is 80% complete, arguing that a delay past Monday could imperil the entire project and thwart states' abilities to meet mandated emissions goals.
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September 19, 2025
Maine County Can Use Business Channel For Public Safety
Maine's northernmost county will be able to draw from a pool of industrial channels to use for internal public safety and first responder communications.
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September 19, 2025
UK Gov't Borrowing Hits £18B Ahead Of Autumn Budget
U.K. government borrowing reached £18 billion ($24.3 billion) in August, according to official figures published Friday, adding to pressure for the government to hike taxes in its coming budget.
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September 19, 2025
2nd Circ. Lets Students Facing Removal Stay Free, For Now
The Second Circuit on Friday declined to revisit its earlier decisions that allowed two foreign students facing deportation, allegedly for their pro-Palestinian advocacy, to stay out of detention, rejecting the Trump administration's bid to find it lacks jurisdiction over their cases.
Expert Analysis
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Genius Act Sets Stablecoin Standards — Without Regulation E
While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Opinion
Sometimes Int'l Competition Should Trump Antitrust Concerns
The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.
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Divest Order Shows How Security Fears Extend CFIUS Scope
A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.
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Art Market Must Prepare For More AML Scrutiny
Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.