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Public Policy
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September 19, 2025
CDC Panel Urges Caution On COVID Vax, Punts On Hep B
A panel of advisers at the Centers for Disease Control and Prevention on Friday voted unanimously to recommend that people receiving the COVID-19 vaccine this season do so only after discussing it with their health providers.
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September 18, 2025
BofA Unit To Pay $5.6M To End DOJ Market Manipulation Case
The U.S. Department of Justice said Thursday that an investment banking arm of Bank of America Corp. will pay roughly $5.6 million to resolve a criminal investigation into market manipulation allegations involving two now-former traders on its U.S. Treasurys desk.
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September 18, 2025
Kimmel Controversy Sidetracks Broadband Permitting Hearing
A U.S. House subcommittee looking into how to expedite broadband permitting struggled to stay on topic Thursday afternoon due to Democrats being hopping mad about late-night talk show host Jimmy Kimmel being pulled off the air.
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September 18, 2025
Ill. Justices Reverse Therapist's Fee Win Against Regulator
Illinois' financial and professional regulator should not be ordered to pay attorney fees in connection with a therapist's successful bid to shield his notes from a doctor's administrative reinstatement hearing, the state's highest court ruled Thursday.
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September 18, 2025
SEC Eases Path For Crypto ETPs With New Listing Rules
The U.S. Securities and Exchange Commission has eased a key part of the listing process for crypto exchange-traded products, and attorneys say the move may create a shorter path to market for years to come.
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September 18, 2025
Federal Vaccine Panel Votes To Tweak MMRV Recommendation
A panel of federal vaccine advisers on Thursday changed its recommendation for a long-used vaccine for children but allowed a key government program to continue paying for the shots.
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September 18, 2025
Delaware Judge Calls For Civility After 'Annus Horribilis'
In a rare postscript to her bench ruling this week, a Delaware vice chancellor lamented what she observed as a breakdown in the state bar's civility and mutual respect over the past "annus horribilis," comments that have since drawn cautious support and resonance with several in the First State's legal community.
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September 18, 2025
Arbitration Clauses Won't Protect IPOs From Investor Suits
With the U.S. Securities and Exchange Commission greenlighting the use of mandatory arbitration clauses for newly public companies, securities litigation experts are waiting to see whether any company is willing to risk the almost inevitable legal blowback that will come with taking advantage of the policy.
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September 18, 2025
Trump's Georgia Case: Legal Experts On What Happens Next
The 2020 Georgia election interference case against President Donald Trump and his co-defendants may be both "dead" and costly for taxpayers, legal experts told Law360, citing the expected reluctance of most prosecutors to take over the litigation and a new state law that allows criminal defendants to recover legal fees in certain circumstances.
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September 18, 2025
FCC Should Follow Exec Branch Policy, Commissioner Says
As President Donald Trump continues to get more involved in the operations of independent federal agencies, a member of the Federal Communications Commission said Thursday the FCC needs to remain accountable to the executive branch.
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September 18, 2025
Alaska Asks Justices To End Feds' Subsistence Fishing Regs
The state of Alaska is urging the U.S. Supreme Court to step into its dispute with the federal government and Native American groups over fishing regulations in its navigable waters, challenging a Ninth Circuit ruling that barred the state from opening part of the Kuskokwim River to all fishers.
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September 18, 2025
Ex-La. Prosecutor Convicted In Pretrial Program Bribery Case
A former Lafayette assistant district attorney was convicted Thursday in Louisiana federal court of bribery and other charges for conspiring to solicit kickbacks and accept bribes while overseeing the 15th Judicial District Attorney's Office's pretrial intervention program, according to the U.S. Attorney's Office.
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September 18, 2025
Texas Court Says Citizen Can't Intervene To Uphold Pot Law
The citizen sponsor of a voter-approved marijuana decriminalization ordinance cannot intervene in the deal struck between the state attorney general and city of Elgin that declared the ordinance void, a Texas appeals court ruled, saying the advocate doesn't have standing.
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September 18, 2025
Dems Demand DOJ Explain Binance Plea Deal Compliance
U.S. Sen. Elizabeth Warren and two of her Democratic colleagues have asked U.S. Attorney General Pam Bondi for information on Binance's compliance with its 2023 plea agreement stemming from anti-money laundering lapses, pointing to President Donald Trump's ties to the crypto exchange.
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September 18, 2025
DC Circ. Judge Says PJM Monitor May Have 'Hint Of Paranoia'
The D.C. Circuit didn't seem so sure Thursday morning that the Federal Energy Regulatory Commission was flouting the rules by denying an independent market monitor access to its liaison committee meetings, with one judge saying the monitor seemed to be exhibiting a "hint of paranoia."
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September 18, 2025
7th Circ. Judge Wary Of Ex-Firefighter's Free Speech Position
A Seventh Circuit judge on Thursday said an attorney for a former Chicago firefighter seeking to revive a suit claiming he was unlawfully fired for a series of memes and other statements posted on Facebook seemed to be making a "hyperbolic" argument that public employers cannot regulate speech outside the workplace.
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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.
Expert Analysis
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Trump's 2nd Term Puts Merger Remedies Back On The Table
In contrast with the Biden administration, the second Trump administration has signaled a renewed willingness to resolve merger enforcement concerns through remedies from the outset, particularly when the proposed fix is structural, clearly addresses the harm and does not require burdensome oversight, say attorneys at Cooley.
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Why Bank Regulators' Proposed Leverage Tweak Matters
Banking agencies' recent proposal to modify the enhanced supplementary leverage ratio framework applicable to the largest U.S. banks shows the regulators are keen to address concerns that the regulatory capital framework is too restrictive, say attorneys at Moore & Van Allen.
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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How Banks Can Harness New Customer ID Rule's Flexibility
Banking regulators' update to the customer identification process, allowing banks to collect some information from third parties rather than directly from customers, helps modernize anti-money laundering compliance and carries advantages for financial institutions that embrace the new approach, say attorneys at Bradley Arant.
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CEQA Reform May Spur More Housing, But Devil Is In Details
A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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How Trump Cybersecurity EO Narrows Biden-Era Standards
President Donald Trump recently signed Executive Order No. 14306, which significantly narrows the scope and ambition of a Biden executive order focused on raising federal cybersecurity standards among federal vendors, say attorneys at Jenner & Block.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Grappling With Workforce-Related Immigration Enforcement
To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.
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Opinion
The SEC Should Embrace Tokenized Equity, Not Strangle It
The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.