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Public Policy
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September 11, 2025
Minn. Signs 2nd Tribal-State Cannabis CompactÂ
Minnesota on Wednesday signed a tribal-state compact with the Mille Lacs Band of Ojibwe, giving the federally recognized tribe the ability to open eight cannabis shops outside its reservation and issue licenses to grow and manufacture the plant, the second such agreement the state has made with a tribe.
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September 11, 2025
1st Circ. OKs Freeze Of Planned Parenthood Medicaid Funding
The First Circuit on Thursday allowed the Trump administration to halt Medicaid reimbursements to Planned Parenthood and its affiliates, pausing a pair of lower court rulings that had blocked the funding cut.
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September 11, 2025
Cable Cos. Call For Faster Access To Investor-Owned Poles
High-speed internet service is being deployed to Americans in a "reasonable and timely" fashion, but if the Federal Communications Commission wanted to speed things up a little, a trade group says it could always make it easier to access investor-owned utility poles.
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September 11, 2025
Moelis Says Pact Spurring Del. Corp. Law Rework Is Lawful
Attorneys for Moelis & Co. have told Delaware's justices that a stockholder agreement that solidified Ken Moelis' control of the investment bank was either valid or lawfully obtainable by other means before the Court of Chancery struck it down last year, with time to challenge key provisions long since expired.
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September 11, 2025
Ex-USPTO Solicitor Says Squires Is Better Than No One
A former U.S. Patent and Trademark Office solicitor is asking the U.S. Senate to confirm John Squires as USPTO director, saying political accountability has become more important than finding a candidate who is right for the job.
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September 11, 2025
Ga. Panel Sends Officer Crash Suit Back For Notice Review
The Georgia Court of Appeals Thursday said a trial court must reconsider whether a woman who sued the city of Savannah after a police officer allegedly injured her by causing her husband's motorcycle to topple sideways provided the city with an adequate ante litem notice.
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September 11, 2025
Federal Judges Faced Over 500 Threats Amid Rising Tensions
More than 500 threats have been made to federal judges over the last year to over 300 distinct judges, according to data released by the U.S. Marshals Service.
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September 11, 2025
U.S. Halts Discretionary Funds For Race-Based College Grants
The U.S. Department of Education will withhold $350 million in discretionary spending for minority-serving colleges and universities and end their discretionary funding, saying the institutions discriminate by having racial or ethnic quotas.
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September 11, 2025
Ga. Law Bars Broad Media Access To Executions, Court Told
Georgia officials Thursday told a state appellate court it should reject a nonprofit news organization's bid to force greater media access to executions, arguing the outlet is trying to rely on the type of third-party standing that was scrapped earlier this year by the state's Supreme Court.
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September 11, 2025
FCC Focuses On 'Friendly' Space Regulatory Environment
Federal Communications Commission leaders said this week one of their top goals is to make the U.S. the world's most hospitable regulatory turf for commercial space activity as "Space Race 2.0" accelerates with China.
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September 11, 2025
Audible Credit Suit Raises Question On Wash. Gift Card Law
A federal judge in Seattle has floated asking Washington's high court to clarify the scope of the Evergreen State's gift card law, suggesting on Thursday that a consumer suit over expiring Audible credits hinges on whether the statute only covers instruments with monetary value. Â
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September 11, 2025
FCC Warns Cable, Prime Customers Of Scam Offering 50% Off
Comcast and Amazon won't offer customers discounts on their subscription if they pay in gift cards, the Federal Communications Commission is warning after noticing the proliferation of a new scam claiming that a "50% discount on your monthly bill is set to expire."
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September 11, 2025
Google, Apple Fight Proposed UK App Ranking, Pay Mandates
Apple and Google both pushed back on proposals by United Kingdom antitrust authorities to stop the companies from boosting their own apps and using commission-based payment systems but took slightly different approaches, according to separate responses made public Thursday.
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September 11, 2025
Judge Won't Sink Calif. Offshore Oil Platform Suit
A California federal judge has rejected Sable Offshore Corp.'s bid to toss a lawsuit accusing the federal government of failing to make the company update safety and pollution-control plans, saying the government's decision to not require an update doesn't sink green groups' allegations.
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September 11, 2025
Muscogee Can Continue Fight Over Ala. Burial Grounds
A federal district judge has conditionally allowed the Muscogee Creek Nation to renew its challenge against an Alabama tribe in a dispute over a sacred burial site, saying it must first cure its sovereignty pleading problem before refiling the complaint.
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September 11, 2025
Insurer, Firearms Co. Drop Ghost Gun Coverage Dispute
A firearms retailer and its insurer have resolved a dispute over coverage for three underlying government suits alleging that the company contributed to gun violence by selling unfinished components used to assemble so-called ghost guns, according to a New York federal court filing.
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September 11, 2025
23 States Back High Court Stay Of FTC Dem's Reinstatement
Florida and 22 other states have urged the U.S. Supreme Court to grant the Trump administration's request to block a Democratic member of the Federal Trade Commission from serving on the commission while she challenges her firing.
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September 11, 2025
Trump Admin Should Release Climate Panel Docs, Judge Says
A Massachusetts federal judge on Thursday encouraged the Trump administration to voluntarily turn over records from a recently disbanded panel that environmental groups say worked secretly with regulators to justify a proposed reversal of the government's longstanding position that greenhouse gases are a threat to public health.
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September 11, 2025
Cook Co. Judges Select First New Chief In 24 Years
For the first time in more than two decades, the Circuit Court of Cook County will have a new chief judge.
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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.Â
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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.
Expert Analysis
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Trump Tax Law's Most Consequential International Changes
The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How 6th Circ. Ruling Deepens Split On Broker Liability
A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.
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How The Genius Act May Aid In Fight Against 'Pig Butchering'
​​​​​​​The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Opinion
Congressional Bid Protest Concerns Lack Evidence
The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Adapting To USPTO's Tighter Inter Partes Review Rules
The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.