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Public Policy
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September 23, 2025
Minnesota's Deepfake Crackdown Foreshadows Legal Clashes
Minnesota's law cracking down on deepfake videos aimed at influencing elections has drawn separate court challenges to stop its enforcement, including one by X Corp., offering a glimpse into the hurdles other states and Congress may face as they address the proliferation of digital replicas created with artificial intelligence.
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September 23, 2025
Judge Demands Summary Of Unspent Foreign Aid Funds
A D.C. federal judge ordered the Trump administration to file a summary of uncommitted foreign aid funds from pre-2024 appropriations acts expiring at the end of September, after aid organizations said the government was deliberately trying to evade his injunction requiring that it obligate more than $6 billion by the end of the month.
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September 23, 2025
Chemours Asks 4th Circ. To Toss Ohio River Pollution Order
Chemours told the Fourth Circuit a West Virginia federal judge botched the law and the science about the risks a forever chemical poses when he ordered its Washington Works facility to stop discharging permit-exceeding amounts of the substance into the Ohio River.
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September 23, 2025
Admin Argues Copyright Chief Seeks 'Sweeping Remedies'
The Trump administration told a D.C. federal court that it had the authority to remove Shira Perlmutter as head of the U.S. Copyright Office, saying her suit over her firing seeks "sweeping remedies" she isn't entitled to.
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September 23, 2025
Bipartisan House Reps Float Bill Protecting Older Job Seekers
House lawmakers from both sides of the aisle said they have introduced legislation that would amend the Age Discrimination in Employment Act to state explicitly that it shields job applicants as well as employees.
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September 23, 2025
DOL Greenlights Guaranteed Income Investments In 401(k)s
The U.S. Department of Labor's employee benefits arm issued guidance Tuesday making clear that employers can offer lifetime income insurance products as a default investment in 401(k) plans, responding to an executive order by President Donald Trump calling for expanded access to nontraditional retirement plan assets.
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September 23, 2025
Ga. Panel Says Kemp Doesn't Have To Probe Election Board
The Georgia Court of Appeals on Tuesday said a trial court rightly dismissed a suit that sought to force the state's governor to hold a hearing on ethics charges brought against three Republican members of the State Election Board.
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September 23, 2025
Star Chef Didn't Violate 'Vague' Pact With Boston, Judge Says
A Massachusetts state court has ruled that a "vague" agreement between celebrity chef Barbara Lynch and the city of Boston to escrow proceeds from the sale of her flagship No. 9 Park restaurant while the city seeks to collect her unpaid taxes doesn't prevent Lynch from using the funds to pay other creditors.
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September 23, 2025
Full Effects Of US Tariffs 'Yet To Be Felt,' OECD Report Says
Economic growth in the U.S. is expected to dip in 2026 partly because of global trade tensions, the full effects of which "have yet to be felt," the Organization for Economic Cooperation and Development reported Tuesday.
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September 22, 2025
Trump Appoints 'Loyal' Aide Following Va. US Atty's Exit
One of President Donald Trump's White House aides and former personal attorneys Monday was sworn in as interim U.S. attorney for the Eastern District of Virginia, a day after the resignation of the office's previous Senate-approved top prosecutor, who had declined to bring charges against two of the president's foes.
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September 22, 2025
Oracle To Secure TikTok Users' Data In Deal To Skirt US Ban
Tech giant Oracle will be tasked with safeguarding U.S. TikTok users' personal data, and the app's recommendation algorithm will be "retrained" and operated outside the control of TikTok's Chinese parent company under a deal that President Donald Trump is expected to sign this week to avert a shutdown of TikTok, the White House said Monday.Â
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September 22, 2025
Google Ad Tech Breakup 'Drastic' But Best, DOJ Tells Judge
A U.S. Department of Justice attorney pressed a Virginia federal judge Monday to break up Google's advertising placement technology business, asserting in opening statements that a divestiture is doable and the only way to fully address Google's monopoly.
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September 22, 2025
VoIP Provider Seeks Faster Switch To Internet-Based Lines
Local carriers are dragging their feet in changing from older switching systems to internet-based call interconnection, and federal rules should be crafted to hasten the transition, says a telecom technology platform.
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September 22, 2025
$100K H-1B Fee Will Likely Hurt Both US And Foreign Workers
The new $100,000 fee for H-1B visas, which took effect on Sunday with little advance notice, blindsided immigration attorneys who told Law360 that it could ultimately hurt domestic workers by driving U.S. companies to do business elsewhere.
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September 22, 2025
Colo. Justices Unsure How To Interpret Open Records Law
Colorado Supreme Court justices grilled an attorney representing the state Monday about how its interpretation of Colorado's open records laws actually protects the identity of children, and whether its reading of the statute isn't overly broad.
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September 22, 2025
New Framework Needed For Satellite Power Caps, Orgs Say
More than a dozen groups on Monday told the Federal Communications Commission it's time to update spectrum sharing rules between low earth orbit and other satellites to spur industry growth.
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September 22, 2025
UK, US To Collaborate On Capital Markets, Crypto Policy
The U.S. Department of the Treasury and the United Kingdom's financial ministry on Monday announced the formation of a joint taskforce to explore ways to collaborate on digital asset policy and "improve links" between the two countries' capital markets.
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September 22, 2025
T-Mobile, Sprint Push DC Circ. To Revisit $92M FCC Fines
T-Mobile and Sprint are asking the full D.C. Circuit to review a $92 million fine from the Federal Communications Commission over their sale of sensitive user location data with third-party companies, asking for an en banc rehearing of their challenge after a three-judge panel unanimously affirmed the penalty last month.Â
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September 22, 2025
DC Circ. Mulls International Media Funding, Firings
The D.C. Circuit is set to decide whether or not to allow the Trump administration to continue dismantling the agency that oversees state news broadcaster Voice of America after hearing consolidated arguments Monday morning in a quartet of cases challenging the shutdown.
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September 22, 2025
DOJ Urges 7th Circ. To Affirm Strike Of Ill. Assault Rifle Ban
The Department of Justice's civil rights chief told a Seventh Circuit panel on Monday that an Illinois law banning assault weapons and high capacity magazines is unconstitutional and that the appellate court set an "inaccurate standard" when it denied an earlier bid to block the law's enforcement.
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September 22, 2025
Feds Urge No Injunction In Ill. Migrant Shelter Fund Fight
An Illinois federal judge hearing Chicago and other municipalities' dispute over migrant-focused grant funds the U.S. Department of Homeland Security stopped reimbursing should not halt that decision while the parties' case plays out, because the funds aren't being moved or used elsewhere, the federal government argued Monday.
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September 22, 2025
Judge Lets Suit Over Audible's Expiring Credits Move Forward
A Washington federal judge has declined to toss a consumer's proposed class action against Audible Inc. over the expiration dates on membership "credits," saying such vouchers don't have to be backed by a specific cash value to be covered by the Evergreen State's gift card law.
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September 22, 2025
5th Circ.'s 340B Ruling 'Limited,' Pharma Cos. Tell 4th Circ.
The Fifth Circuit's recent refusal to block a Mississippi law regulating the delivery of discounted drugs to rural providers can't be wielded by West Virginia in its battle over the law's constitutionality because of the distinctions between the two state laws, a coalition of pharmaceutical companies told the Fourth Circuit.
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September 22, 2025
In-House Judge Won't Pause FTC's Heart Valve Deal Challenge
An administrative law judge refused to pause the Federal Trade Commission's in-house case challenging Edwards Lifesciences Corp.'s planned $945 million purchase of JenaValve Technology Inc. until after a ruling in the related federal court case.
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September 22, 2025
HUD Attys Say Trump Is Undermining Fair Housing Work
A group of U.S. Department of Housing and Urban Development attorneys claimed in a lawsuit Monday that the Trump administration is deliberately undermining the federal government's enforcement of fair housing laws.
Expert Analysis
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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.
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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.