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Public Policy
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September 02, 2025
FERC Faces 4th Circ. Heat Over Grid Policy Revamp
A coalition of utilities and Republican-led states have told the Fourth Circuit that the Federal Energy Regulatory Commission's recent overhaul of its regional transmission policy exceeds its authority, while consumer and clean energy advocates said that the agency didn't go far enough.
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September 02, 2025
FTC Defends Merger Filing Overhaul From Chamber's Attack
The Federal Trade Commission told a Texas federal court that enforcers followed the law when overhauling the premerger reporting requirements and said the U.S. Chamber of Commerce and other groups challenging the changes are just unhappy with the outcome.
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September 02, 2025
FTC, Amazon Urged To Iron Out Antitrust Discovery Tiff
A Washington federal judge handling the Federal Trade Commission's landmark antitrust case against Amazon suggested on Tuesday the parties continue working toward a solution after the commission protested that the company failed to pass on documents received from other online retailers in related litigation in California.
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September 02, 2025
Trump Will Seek Fast-Track High Court Review Of Tariff Suit
The federal government will seek an expedited appeal and ruling by the U.S. Supreme Court as early as Wednesday, President Donald Trump said Tuesday during a press conference at which he blasted the Federal Circuit's majority opinion determining his emergency tariffs unlawful.
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September 02, 2025
Mass. Top Cannabis Regulator Wins Job Back
A Massachusetts state court judge reinstated the state's chief cannabis regulator Tuesday, finding that while her behavior may have been "abrasive, boorish, inconsiderate, ill-tempered, imprudent and/or otherwise unreasonable," it did not rise to the level of a firable offense.
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September 02, 2025
Md. Says Liability Shield Doesn't Apply To Dali Ship Manager
The state of Maryland, injured plaintiffs and other claimants have told a federal judge that the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year cannot invoke a nearly two centuries old maritime law to limit its liability for the wreck.
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September 02, 2025
Google Keeps Chrome, Payments, But Must Prop Up Rivals
A D.C. federal judge imposed sweeping requirements on Google on Tuesday meant to prop up search engine rivals with data, but rejected the U.S. Department of Justice's demand that the company spin off its Chrome browser or that it be barred from paying for search engine placement.
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September 02, 2025
India Opens WTO Dispute Over US 50% Copper Tariff
India has initiated a dispute at the World Trade Organization over the U.S.' imposition of a 50% tariff on copper products, according to a request for consultations published Tuesday.
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September 02, 2025
FCC Pushes Forward On Next-Gen TV Transition
The Federal Communications Commission issued new guidance Tuesday aimed at accelerating the transition to next-generation TV by making it easier for broadcasters to clear the regulatory process.
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September 02, 2025
3rd Circ. Probes Jurisdiction In Dispute Over NJ US Atty
The Third Circuit on Tuesday ordered defendants and the federal government to make a case for the appeals court's jurisdiction over a district court's ruling disqualifying acting U.S. Attorney Alina Habba from overseeing two cases, saying the court "ordinarily lacks jurisdiction" over pretrial orders in criminal cases.
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September 02, 2025
3rd Circ. Wants NJ Justices' Input On Judicial Privacy Law
The Third Circuit on Tuesday asked the New Jersey Supreme Court to address whether the state's judicial privacy law requires a mental state for purported infractions, a question that could prove crucial for data brokers facing dozens of lawsuits over their alleged violations of the statute.
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September 02, 2025
Trump Reverses Biden On Space Command HQ
President Donald Trump announced on Tuesday that the headquarters of the U.S. Space Command would be moved from Colorado to Alabama, reversing a decision by the Biden administration.
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September 02, 2025
Defunding Planned Parenthood Is Meant To Punish, Judge Says
A Massachusetts federal judge on Friday refused to lift an order that keeps Medicaid reimbursements flowing to Planned Parenthood, ruling that legislation intended to halt the organization's federal funding appears to illegally target the group for punishment.
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September 02, 2025
Wells Fargo Employee Drug Cost Battle: What To Know
A group of former Wells Fargo employees is back in federal court this week with allegations the company mismanaged their prescription drug benefits, leading to millions in overpayments. The banking giant says the case is a do-over of allegations already axed by the Minnesota court
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September 02, 2025
'Never My Intention' To Defy Justices, Judge In NIH Case Says
A veteran Massachusetts jurist on Tuesday responded to suggestions by two U.S. Supreme Court justices that he had defied the high court by going ahead with a bench trial on two challenges to the Trump administration's cuts to National Institutes of Health research grants, saying he would never intentionally disregard precedent.
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September 02, 2025
Gov't Says Fla. Ex-Rep Can't Escape Foreign Agent Case
A former congressman and political consultant accused of secretly lobbying for the Venezuelan government should not be allowed to escape Foreign Agents Registration Act charges, the U.S. government argued, saying the law is not a violation of their free speech rights.
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September 02, 2025
Swiss Gold Refiners Reject US Move Over Tariffs
Swiss gold refiners will not be relocating to the U.S. following 39% tariffs announced by President Donald Trump this summer, according to Switzerland's largest metals group.
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September 02, 2025
Ex-Sen. Cory Gardner Takes Reins Of Cable Biz Group NCTA
Former Colorado Sen. Cory Gardner was named Tuesday as the new president and CEO of cable industry group NCTA – The Internet & Television Association.
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September 02, 2025
Calif. Judge Rules Trump's Troop Deployment Was Unlawful
A California federal judge ruled Tuesday that President Donald Trump's use of the National Guard to quell protests in Los Angeles over immigration raids was a violation of the Posse Comitatus Act, saying Congress "clearly" limited the military's role in domestic law enforcement.
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August 29, 2025
Split Fed. Circ. Backs Limits On Presidential Tariff Powers
The Federal Circuit held that President Donald Trump's emergency tariffs were improperly imposed under the International Emergency Economic Powers Act, which it said makes no mention of "tariff," "duties" or "tax."
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August 29, 2025
Prison Phone Cos., Sheriffs Tell FCC Rate-Cap Delay Needed
A pair of prison phone service providers and the National Sheriffs' Association asked the Federal Communications Commission not to rethink a delay on implementing new caps on rates charged for prison phone calls, arguing that the pause is needed for the FCC to reevaluate the caps and related rules.Â
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August 29, 2025
Ga. Ban On Trans Prisoner Healthcare 'Troubling,' Judge Says
A Georgia federal judge signaled Friday that she may soon halt a new state law banning access to gender-affirming healthcare for transgender state prisoners, saying she found it "troubling to me" that lawmakers had substituted their judgment for that of doctors.
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August 29, 2025
DC Judge Says Fed. Reserve Gov. Can't Get TRO Just Yet
Federal Reserve Board Governor Lisa Cook didn't walk away from her emergency hearing with the temporary restraining order she was looking for, but a D.C. federal judge said she was willing to expedite briefing over the president's attempt to strip Cook of her position.
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August 29, 2025
Nuke Plant Restarts: Chances Exist, But Challenges Await
Growing U.S. electricity demand has sparked moves to restart shuttered nuclear power plants in order to help feed that appetite for power, but the recommissioning process is far from simple. Here, attorneys who work on nuclear matters outline to Law360 several considerations that go into bringing a plant out of mothballs.
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August 29, 2025
Federal Judge Blocks New Texas ESG Disclosure Law
A Texas federal judge temporarily blocked the state attorney general from enforcing a new state law that requires proxy advisory firms to disclose when their advice stems from factors such as diversity and inclusion, siding with the companies that argued the law breaches the First Amendment.
Expert Analysis
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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.
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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.