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Public Policy
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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.
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September 10, 2025
Texas Justices Wary Of Shifting Franchise Tax Calculation
The Texas Supreme Court on Wednesday pushed an energy company to explain why the Texas tax code would make it eligible for a refund for bunker oil sold in the Lone Star State, asking where it should look in the law to create a "destination test" for state franchise taxes.
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September 10, 2025
P. Scott Neville Jr. Named Chief Justice Of Ill. Supreme Court
Justice P. Scott Neville Jr. has been selected to become the next chief justice of the Illinois Supreme Court, the high court announced Tuesday, calling him a "lifelong champion for equal justice."
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September 10, 2025
Trump To Take Fed Gov. Cook's Removal Case To DC Circ.
President Donald Trump on Wednesday told a Washington, D.C., federal judge that the government will appeal the judge's decision granting a temporary win to Federal Reserve Gov. Lisa Cook in her challenge to the president's attempt to remove her from her position.
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September 10, 2025
Trump's Pick For Fed Board Seat Moves Ahead To Full Senate
The U.S. Senate Banking Committee on Wednesday endorsed President Donald Trump's bid to install Stephen Miran, a top White House economist, at the Federal Reserve, advancing his nomination over Democratic objections that he would be a Trump loyalist rather than an independent central banker.
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September 10, 2025
Colo. Gov. Urges Extension Of Fed. Enhanced Premium Credit
Congress should act to preserve the tax credit that subsidizes individual market health plans, Colorado Gov. Jared Polis told the state's congressional delegation, warning of significant premium increases if the credit is allowed to expire after this year.
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September 10, 2025
Cruz Fights NDAA's Pentagon 'Veto' Of Commercial Spectrum
Sen. Ted Cruz, R-Texas, said Wednesday he's pushing to remove a draft provision in this year's defense policy bill that he says would allow the U.S. Department of Defense to effectively "veto" certain allocations of military-held spectrum to the private sector.
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September 10, 2025
Fired FBI Officials Claim 'Campaign Of Retribution' In New Suit
Three former senior FBI officials sued the Trump administration in D.C. federal court on Wednesday, accusing FBI Director Kash Patel of politicizing the agency and firing them as part of a "campaign of retribution" in a bid to keep his own job.
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September 10, 2025
Wis. Judicial Commission Sued Over Confidentiality Rules
Two conservative groups have sued the Wisconsin Judicial Commission over its policy of keeping all judicial misconduct complaints strictly confidential, claiming the policy violates the First Amendment and has stymied discussion of a complaint against a sitting state judge.
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September 10, 2025
NC Justices Debate 2-Second Reaction Time In Crash Suit
The North Carolina Supreme Court grappled Wednesday with whether two seconds was enough time for a town utility worker to both register and react to the fact that he was about to hit a pedestrian with his work truck.
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September 10, 2025
SEC Taps Gibson Atty To Head Corporation Finance Division
The U.S. Securities and Exchange Commission on Wednesday named the co-chair of Gibson Dunn & Crutcher LLP's securities regulation practice as the new leader of its Division of Corporation Finance, which is responsible for writing rules and providing guidance to publicly traded companies on shareholder disclosure matters, among other things.
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September 10, 2025
Ore. County Failed To Tell Biz It Lost Tax Break, Court Says
An Oregon meat processor was justified in failing to timely appeal property assessments because it was never notified in writing by a county assessor of its exclusion from an enterprise zone tax incentive program, the state tax court ruled.
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September 10, 2025
Mass. Justices Reject Former State Senator's Immunity Claim
Massachusetts' highest court ruled Wednesday that a former state senator is not immune from prosecution for using his State House staff to work on his reelection campaigns in 2018 and 2020.
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September 10, 2025
AT&T Gave Prosecutor's Data To Trump-Tied Attys, Suit Says
Nathan Wade, the special prosecutor who exited the Georgia election interference case against President Donald Trump after his romantic relationship with Fulton County District Attorney Fani Willis was revealed, has accused AT&T of unlawfully releasing "breathtaking" amounts of his personal cellphone data to defendants in the case.
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September 10, 2025
NTIA Poised To Release First Spectrum Under New Budget Act
The Trump administration said Wednesday it will make a chunk of spectrum used for weather monitoring available for commercial use, the first such transfer of the airwaves since Congress passed this summer's sweeping budget package.
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September 10, 2025
DC Circ. Temporarily Reinstates Copyright Head After Firing
The fired head of the U.S. Copyright Office has regained her position for the time being after a split D.C. Circuit faulted a lower court's analysis of whether she would be harmed if she didn't get her job back while fighting the Trump administration's dismissal of her.
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September 09, 2025
Fed Reserve Gov. Cook Wins Removal Reprieve For Now
Federal Reserve Gov. Lisa Cook, for now, can stay on the Fed's board while she challenges President Donald Trump's attempt to strip her of her position, a D.C. federal judge ruled late Tuesday, saying Cook has "made a strong showing" that her purported removal was likely illegal.
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.