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Public Policy
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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.
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September 09, 2025
Conservative Groups Warn Against Value-Based 'Patent Tax'
More than three dozen conservative groups Tuesday urged the U.S. Department of Commerce to refrain from considering charging patent owners a novel "patent tax" based on the value of their patents, warning that such a levy would harm innovation in the U.S., especially for emerging technologies.
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September 09, 2025
4th Circ. Debates Whether 'Silence' In 340B Empowers States
Two states told a Fourth Circuit panel on Tuesday that "silence" in the law governing the federal government's drug discount program permits state enforcers to step in and regulate the delivery of those drugs to their communities.
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September 09, 2025
Calif. AG Sues Over 'Uninhabitable,' 'Inhumane' LA Jails
California Attorney General Rob Bonta has sued the Los Angeles County Sheriff's Department over the "inhumane" and "uninhabitable" conditions at county jails, pointing to an increase in in-custody deaths and facilities that allegedly lack adequate plumbing, sanitation and temperature control.
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September 09, 2025
DOD's Cybersecurity Rule May Help Fend Off FCA Claims
The U.S. Department of Defense's requirement for certain contractors to have a third-party assessor review their cybersecurity compliance, implemented in a final rule Tuesday, could help contractors protect themselves from False Claims Act enforcement.
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September 09, 2025
DC Circ. Talks 'Hypos' On Maritime Refusal To Deal Challenge
The D.C. Circuit is set to decide whether a rule that the Federal Maritime Commission passed to deal with COVID-19 supply line shortages allows the agency to engage in illegal rate-setting after spending part of its morning hammering the parties with hypotheticals.
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September 09, 2025
FCC OKs Waivers For Smart House Locks
The Federal Communications Commission agreed Tuesday to make some exceptions to its rules for ultra-wideband devices — specifically a requirement that they be handheld — so a pair of companies can ensure their smart locks have the agency's seal of approval.
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September 09, 2025
Hemp Interests Drop Challenge To Louisiana THC Law
A cannabis industry group and a wholesaler have asked a Louisiana federal judge to dismiss their lawsuit seeking to block the state from imposing new restrictions on consumables infused with hemp-derived THC.
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September 09, 2025
FDIC Eases Standards For Lifting Cease-And-Desist Orders
The Federal Deposit Insurance Corp. is giving banks a quicker potential path out of its doghouse, rolling out a policy change that allows more flexibility to close out enforcement orders before firms have finished satisfying all their terms.
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September 09, 2025
Calif. Bar Seeks Justices' Clarity In Eastman Disbarment Case
The State Bar of California asked the state's justices to affirm recommendations to disbar Donald Trump's onetime attorney John Eastman, who helped plan and promote the then-presidential candidate's strategy to overturn the 2020 election, but also review what it says are two legal errors that could "significantly impact future cases."
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September 09, 2025
Trump Admin Blocked From Boston Hospital Trans Care Docs
A Massachusetts federal judge on Tuesday blocked the Trump administration's bid to gain access to a wide array of documents related to gender-affirming care at Boston Children's Hospital, finding that the request is a veiled attempt to limit such care in the state.
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September 09, 2025
OCC Taps Cravath Atty As Principal Deputy Chief Counsel
A former Cravath Swaine & Moore LLP corporate attorney has been tapped to serve as the principal deputy chief counsel of the Office of the Comptroller of the Currency, while a longtime agency official has been promoted to oversee its newly elevated chartering and licensing process, the regulator said Tuesday.
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September 09, 2025
Colo. Justices Rule Interest Not Covered By $1M Med Mal Cap
The Colorado Supreme Court has ruled that the state's $1 million cap on medical malpractice damages doesn't encompass certain interest awards when the so-called good cause exception applies, in a suit accusing a doctor of causing a baby's severe brain injury.
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September 09, 2025
5th Circ. Says Jarkesy Doesn't Doom OCC Enforcement Action
A Fifth Circuit panel has upheld industry bans and $250,000 fines against two former top executives of a failed Texas bank, rejecting their bid to overturn an Office of the Comptroller of the Currency enforcement order, finding that the OCC's in-house proceedings and ordered sanctions did not violate the executives' constitutional right to a jury trial.
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September 09, 2025
Atty Flashes Weed In NC High Court To Challenge Odor Test
A defense attorney on Tuesday pulled out a bag of weed in front of North Carolina's seven justices and a courtroom full of sheriffs to illustrate the outcome of letting officers conduct warrantless searches based on the smell of pot alone, saying such a test doesn't work in the age of legalized hemp.
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September 09, 2025
Mich. Appeals Court Unsure It Can Force Through Stalled Bills
A Michigan state appeals court panel wrestled Tuesday with whether courts have the power to compel members of the state's House of Representatives to deliver to the governor legislation that was passed last year by their political opponents.
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September 09, 2025
7 Enviro Cases To Watch At The Supreme Court
The U.S. Supreme Court is considering a slew of environmental cases for the coming term, including jurisdiction disputes in pipeline and pollution cases, a challenge to a Washington state climate change law and Monsanto's bid to undo a $1.2 million weed killer cancer award.
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September 09, 2025
PTAB Leader Urges Specificity In Discretionary Denial Briefs
The Patent Trial and Appeal Board's acting chief judge urged litigants Tuesday to support the arguments they make in the board's new discretionary denial process with specific details about their cases, during a panel where lawyers expressed both frustration about and praise for the system.
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September 09, 2025
Head Start Immigration Checks May Be Paused, Judge Hints
A Washington federal judge seemed open to freezing a Trump administration policy requiring Head Start participants to prove citizenship, directing questions during a Tuesday hearing to how children will be affected after three decades of contrary practice.
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September 09, 2025
Ky. Judge Pauses Suit Over ÃÛÌÒÊÓÆµ's Small-Biz Loan Rule
A Kentucky federal judge on Tuesday paused a banking industry lawsuit challenging the Consumer Financial Protection Bureau's small business lender data collection rule while the agency works to revamp the Biden-era measure.
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September 09, 2025
Trump's Latest Tariff EO Offers Some Relief, But No Certainty
President Donald Trump's latest tariff executive order essentially creates an exclusion process for many goods not readily available in the U.S. if the exporter countries enter trade agreements with the U.S., a strategic shift cautiously welcomed by importers even as they still seek certainty for their supply chains.
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September 09, 2025
NY Climate Law Challenge Moved To Join Similar Case
A federal judge has denied business groups' bid to keep a suit challenging New York's climate Superfund law in the Southern District of New York, saying they must pursue the case in the Northern District where Republican-led states brought similar litigation first.
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September 09, 2025
New York State And Mohawk Tribe Settle 43-Year Land Dispute
New York Gov. Kathy Hochul said the state has reached a settlement agreement with the Saint Regis Mohawk Tribe ending a decadeslong land purchase dispute, noting that the deal includes restoring tribal members' access to islands on the St. Lawrence River, improved power usage and education benefits.
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September 09, 2025
States, Oil Groups Push For Wins In Drilling Ban Fight
Republican-led states and oil and gas industry groups pushed for a victory in their lawsuits challenging now-rescinded Biden-era memos that closed off federal waters to offshore drilling, telling a Louisiana federal judge that the memos were clearly unconstitutional.
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September 09, 2025
Calif. Bashes EPA's Effort To Toss Truck Emissions Petitions
California, along with a group of states and cities, urged the Ninth Circuit on Monday to reject the U.S. Environmental Protection Agency's motion to dismiss petitions challenging Clean Air Act waivers allowing the Golden State to make its own truck emissions standards, saying separate litigation should first play out.
Expert Analysis
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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Balancing The Promises And Perils Of Tokenizing Securities
Tokenizing listed securities offers the promise of greater efficiency, accessibility and innovation, but a recent U.S. Securities and Exchange Commission statement makes clear that the federal securities laws continue to apply to tokenized securities, so financial institutions and technology developers must work together to create clear rules, say attorneys at Orrick.
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How To Increase 3rd-Party Preissuance Patent Submissions
Attorneys Marian Underweiser and Marc Ehrlich, who helped draft the America Invents Act, discuss changes that the U.S. Patent and Trademark Office could potentially implement to facilitate its hopes for increased participation in front-end patent challenges.
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How Cos. In China Can Tailor Compliance Amid FCPA Shifts
The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Open Banking Is On Ice As ÃÛÌÒÊÓÆµ Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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SEC, FINRA Obligations In Changing AI Regulatory Landscape
Despite the U.S. Securities and Exchange Commission's recent withdrawal of its proposed artificial intelligence conflict rules, financial regulators remain focused on firms developing the correct AI compliance framework, as well as continuously testing and supervising them to ensure they're fit for purpose, say attorneys at Cahill Gordon.
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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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.