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Public Policy

  • September 03, 2025

    Hemp Cos. Drop Challenge To Ark. Regulations

    Hemp companies who challenged an Arkansas state law restricting hemp-derived intoxicating products are seeking to end their lawsuit, months after the Eighth Circuit dashed their efforts to temporarily block the statute's enforcement.

  • September 03, 2025

    Trump's Refugee Admission Pause Looks Legal To 9th Circ.

    Two Ninth Circuit judges suggested on Wednesday that President Donald Trump had the authority to suspend U.S. refugee admissions in a January executive order, while also hinting that his administration went too far by pulling funding for resettlement support.

  • September 03, 2025

    4th Circ. Denies Injunction In Md. Cannabis Licensing Challenge

    A California cannabis entrepreneur lost her bid to upend Maryland's social equity licensing program Tuesday when the Fourth Circuit ruled that the state's policies seeking to address inequalities within the cannabis industry are not discriminatory.

  • September 03, 2025

    Dem Sens. Demand DOJ Fire Ex-FBI Agent Tied To Capitol Riot

    A man who stormed the Capitol on Jan. 6, 2021, and previously worked at the FBI was hired to work in the "weaponization" group at the U.S. Department of Justice, and now Democrats are calling for his removal.

  • September 03, 2025

    CFTC Member Expresses 'Discontent' As She Exits Agency

    Departing Commodity Futures Trading Commission member Kristin Johnson used her final speech Wednesday to express disfavor with some recent agency actions, saying she was running out of ways to "politely describe" her "discontent" with the recent loosening of licensing standards.

  • September 03, 2025

    DOL Proposal On FLSA Home Care Rule Gets 5,000 Comments

    The U.S. Department of Labor received over 5,000 comments on its plan to rescind an Obama-era rule that expanded wage protections for home care workers, with advocacy organizations arguing that the DOL didn't provide enough backup for the rescission while others saying the move is in line with the fall of Chevron deference.

  • September 03, 2025

    Feds Move To Sink Mass. Offshore Wind Farm Approval

    The federal government said Wednesday it will yank approval for a Massachusetts offshore wind farm 20 miles south of Martha's Vineyard, the latest in a series of moves by the Trump administration to stymie U.S. offshore wind development.

  • September 03, 2025

    Bondi Raises Bar For Private-Violence, Family Asylum Claims

    Attorney General Pam Bondi has issued two new decisions reversing Biden-era attorney general precedents, raising the bar for asylum claims based on nonstate violence and tightening requirements for families to count as eligible social groups.

  • September 03, 2025

    Authority For Emergency Tariffs Poses Puzzle For Justices

    The U.S. Supreme Court faces a provocative puzzle over President Donald Trump's worldwide tariff regime that the Federal Circuit has found illegal, as the judges' positions didn't follow the usual political lines, leaving wide open how the high court may rule on the president's tariff powers.

  • September 03, 2025

    Enviro Groups Urge 11th Circ. To Keep Detention Center Shut

    Seven environmental groups filed an amicus brief Tuesday in the appeal of an order shutting down an Everglades immigration detention center, arguing that the district court was right to enjoin the center because the federal government failed to fulfill its obligations under the National Environmental Policy Act.

  • September 03, 2025

    Denver Sheriff Sergeant Urges Trial In Sex Bias Promotion Suit

    A man who claims the Denver Sheriff Department violated Title VII of the Civil Rights Act by promoting three women to captain over him as part of a self-imposed quota for female officers has asked a Colorado federal judge to deny the sheriff's department summary judgment.

  • September 03, 2025

    9th Circ. Upholds Ruling Against Wash. Tribe's Fishing Claims

    A Ninth Circuit panel Wednesday affirmed a lower court's ruling that determined a Washington tribe fell short of its evidentiary burden to establish that a 19th century treaty included its customary fishing grounds near the Puget Sound after vacating the dispute for further review last year.

  • September 03, 2025

    4th Circ. Says Md. Immunity Doesn't Apply In Tugboat Case

    The Fourth Circuit said Wednesday that a tugboat owner's petition seeking to limit its liability over a 2015 accident involving Maryland's Nanticoke River Memorial Bridge does not infringe on the state's sovereign immunity, so it can proceed in the district court.

  • September 03, 2025

    Mich. Atty Tells Appeals Court He's Worth $1,500 Per Hour

    A Michigan attorney told an appellate panel Wednesday that his track record and experience warrant the $1,500 hourly rate awarded by a trial court which found a city's breach-of-contract suit against his client, a former councilor, was frivolous.

  • September 03, 2025

    Lumen's Bid To Move $1.4B Pension Suit Out Of Colo. Blocked

    A Colorado federal judge on Wednesday rejected Lumen Technologies' request to move to Louisiana a proposed class action alleging it wrongly transferred obligations for a $1.4 billion pension fund to a private equity-controlled insurance company, with the judge finding the venue provision in the pension plan does not apply.

  • September 03, 2025

    Texas Judge Asks Feds How Boeing Deal Serves Public

    A Texas federal judge pressed the U.S. government to explain why he should accept a nonprosecution agreement with Boeing that would let the company escape a criminal case for its role in deadly 737 Max 8 crashes, asking Wednesday how the deal serves the public.

  • September 03, 2025

    Military To Blame For Maine Mass Shooting, Victims Allege

    Victims and relatives of those who died in a 2023 mass shooting in Lewiston, Maine, on Wednesday accused the U.S. government of failing to stop the Army reservist who opened fire, alleging the military was aware the gunman posed a threat but misled others about his danger.

  • September 03, 2025

    1st Circ. Doubts Eateries' Suit Over Outdoor Dining Limits

    The First Circuit appeared unlikely on Wednesday to revive a suit on behalf of restaurant owners in Boston's North End over the city's restrictions on outdoor dining, repeatedly questioning the basis for the plaintiffs' retaliation claims.

  • September 03, 2025

    Ga. County Board Will Face Black Voter Disenfranchisement Suit

    A Georgia federal judge has refused to dismiss a suit alleging Houston County's at-large method of electing its board of commissioners dilutes Black voting strength in violation of the Voting Rights Act, disagreeing with the board's interpretation of the VRA's rules allowing such suits, among other issues.

  • September 03, 2025

    7th Circ. Judge Probes FDIC's In-House Enforcement Powers

    A Seventh Circuit judge on Wednesday pushed counsel for the Federal Deposit Insurance Corp. to address whether an Illinois community bank's ex-chairman alleging the agency's in-house proceedings are unconstitutional waived his Seventh Amendment right to trial by jury by virtue of working at an institution that participates in the FDIC's insurance program.

  • September 03, 2025

    Fla. Surgeon General Pushes To End State's Vaccine Mandates

    Florida's surgeon general on Wednesday said he intends to work toward undoing all of the state's vaccine mandates, including for schoolchildren.

  • September 03, 2025

    Judge Backs Harvard In Suit Over Trump's $2B Fund Freeze

    The Trump administration illegally froze more than $2 billion in grants earmarked for Harvard University when it failed to offer an explanation as to how cutting the funds addressed the government's stated goal of ending antisemitism on campus, a Massachusetts federal judge ruled Wednesday.

  • September 03, 2025

    Honda Fights FCC Adding Car Technologies To Security List

    Honda has told the Federal Communications Commission that adding certain vehicle technologies to the government's "covered list" of banned devices made in foreign adversary countries would duplicate efforts already being carried out by the U.S. Commerce Department.

  • September 03, 2025

    Hartford Beats State Rep.'s Police Bias Suit, For Now

    The city of Hartford will not have to face a lawsuit alleging the police mishandled a state representative's sexual assault report, for the time being, with a Connecticut federal judge saying the claims are "conclusory and simply state a legal conclusion" that the department customarily mistreats women and Muslims.

  • September 03, 2025

    FCC Chief Aims To End Disputed School Wi-Fi Programs

    The head of the Federal Communications Commission said Wednesday he's looking to overturn two controversial Biden-era FCC programs to fund providing Wi-Fi on school buses and hot spots for students' and library patrons' off-campus use.

Expert Analysis

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Opinion

    Fla. Misses Opportunity To Rectify Wrongful Death Damages

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    Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.

  • Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions

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    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.

  • Budget Act Should Boost Focus On Trade Compliance

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    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.

  • NY Bill Would Complicate Labor Law Amid NLRB Uncertainty

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    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.

  • Trump Tax Law's Most Consequential International Changes

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    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.

  • Associates Can Earn Credibility By Investing In Relationships

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    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.

  • How 6th Circ. Ruling Deepens Split On Broker Liability

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    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.

  • How The Genius Act May Aid In Fight Against 'Pig Butchering'

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    ​​​​​​​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.

  • Assessing Strategies For Mixed-Use Pro Sports Projects

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    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.

  • Opinion

    Congressional Bid Protest Concerns Lack Evidence

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    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.

  • Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop

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    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.

  • Biosolid Contaminants Spawn Litigation, Regulation Risks

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    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.

  • When Misconduct Can Trigger Bank Industry Employment Ban

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    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.

  • Filing Clarifies FTC, DOJ's Passive Investment Stance

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    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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