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Public Policy
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September 08, 2025
DC Circ. Mulls Whether To Leave Whistleblower Rewardless
The D.C. Circuit didn't seem to think it was fair that the SEC refused a million dollar reward to a whistleblower who went to the media first, even though the judges hinted Monday they thought the agency might have been within its rights to do so.
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September 08, 2025
Immigration Board's Undoing Of Bond Practice Stuns Attys
A Board of Immigration Appeals decision to deny bond and require mandatory detention for anyone entering the U.S. unlawfully has stunned immigration attorneys, who say the upending of decades of precedent will leave few options beyond leaving the country.
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September 08, 2025
Split 4th Circ. Axes States' Challenge To Trump Admin Layoffs
A split Fourth Circuit panel held Monday that a coalition of states doesn't have standing to sue the Trump administration over the mass firing of thousands of probationary government employees, finding that it was the employees — not the states — who "suffered the brunt of the harm" underlying the case.
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September 08, 2025
3rd Circ.'s Grid-Planning Ruling Will Coax States To Play Ball
A Third Circuit decision limiting states' ability to block transmission projects already greenlighted by regional grid operators could make a federal overhaul of transmission planning policies more appealing, even as several states and utilities pursue litigation to block the changes.
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September 08, 2025
Unions Knock 'Flawed' 4th Circ. Injunction Take In DOGE Row
A split Fourth Circuit panel's decision to vacate an injunction targeting the Department of Government Efficiency created a flawed framework for evaluating whether an injunction is appropriate, a coalition of unions argued Monday, asking the full Fourth Circuit to override the majority's "sharp departure from established precedents."
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September 08, 2025
NY AG To Fight Texas Bid To Enforce Abortion Ban Ruling
New York Attorney General Letitia James on Monday moved to intervene in a lawsuit brought by the state of Texas that seeks to enforce a money judgment against a New York doctor for providing abortion-inducing drugs to a woman via telemedicine in the Lone Star state.
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September 08, 2025
FCC Nears 4-Year Review Of Media Ownership Regs
Fresh off an Eighth Circuit decision that undercut a key rule limiting companies from controlling multiple broadcast stations in the same market, the FCC will vote this month on launching its required four-year review of media ownership rules.
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September 08, 2025
Google Tells Judge Not To Break Up Ad Tech Biz
Google has urged a Virginia federal judge not to impose the "severe, counterproductive, and unprecedented remedy" of breaking up its advertising placement technology business, and has pushed its own proposed fixes over those sought by the U.S. Department of Justice in the upcoming monopoly remedies trial.
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September 08, 2025
OCC Will Weigh 'Debanking' In Licensing, CRA Reviews
The Office of the Comptroller of the Currency shed more light Monday on its plans for carrying out President Donald Trump's call to end so-called debanking, saying it will factor account closure concerns into its community lending exams, merger reviews and more.
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September 08, 2025
Barrett Talks Dobbs, Court's Role In New Book
U.S. Supreme Court Justice Amy Coney Barrett defends her vote to overturn Roe v. Wade and declare there's no constitutional right to abortion in her new memoir, which also provides unique insight into her view of the judiciary's role in American democracy and her approach to interpreting law.
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September 08, 2025
Calif. Says Texas Doesn't Belong In Emissions Waiver Fight
The state of California told a federal judge that Texas has no business in a suit challenging the revocation of Clean Air Act waivers that allowed the state to set its own emissions standards, saying the Lone Star State wishes to inject "collateral issues" into the suit.
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September 08, 2025
FDIC Bests Farella Braun In Dispute Over SVB Legal Fees
A California federal judge has sided with the Federal Deposit Insurance Corp. in a dispute over $48,800 in unpaid legal bills that Farella Braun & Martel LLP sought for work it did before Silicon Valley Bank's collapse, finding the firm's invoices lacked key details like hours and billing rates.
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September 08, 2025
Michigan Pot Co. Drops Suit Over City's Licensing Process
A Michigan cannabis company has agreed to drop a lawsuit seeking to halt a city's recreational marijuana application process over allegations that the process was unfair and resulted in the company missing out on points already awarded to other license applicants.
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September 08, 2025
Securities Class Actions Had A Late Summer Appellate Bloom
While the later summer months are often a quiet time for the nation's courts, the federal appellate courts were hard at work this past July and August issuing important rulings on class certification standards for shareholder lawsuits and handing down split-panel decisions over the future of disclosure litigation.
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September 08, 2025
FCC To Revoke Authorizations For Foreign-Owned 'Bad Labs'
The Federal Communications Commission on Monday began revoking U.S. authorizations for seven communications equipment-testing labs it says are controlled by foreign adversaries.
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September 08, 2025
Grassley Blocked On Quick US Attorney Confirmations
Senate Judiciary Committee chair Sen. Chuck Grassley, R-Iowa, tried Monday to quickly confirm 10 nominees for U.S. attorneys, but was blocked by Senate Minority Leader Chuck Schumer, D-N.Y.
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September 08, 2025
Biz Groups Ask Justices To Shield Freight Brokers From Suits
Business and trucking trade groups asked the U.S. Supreme Court to smooth out splintered circuit court rulings that have exposed freight brokers to patchwork liability for state-based negligence claims, saying there could be lasting disruptions to the supply chain if the justices don't intervene.
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September 08, 2025
Bank Group Urges Supervision Reform Amid Regulatory Shift
A banking think tank announced Monday a new campaign to persuade federal policymakers to reform bank supervision frameworks the institute described as "subjective, duplicative, tangential to material risks and extralegal," the news following on the heels of a similar proposal issued by federal regulators.
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September 08, 2025
Del. Gov. Defends Corp. Law Overhaul In Pending Appeal
Delaware's governor has weighed in strongly against a state Supreme Court challenge to legislation approved earlier this year barring damages or "equitable" relief for some controlling stockholder or going-private deals, arguing that nothing in the measure unconstitutionally limits court powers.
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September 08, 2025
JetBlue Loses Fla. Tax Fight Over Airline Revenue Miles
A Florida judge rejected JetBlue's claims that the state's method of apportioning airline income by counting miles flown outside the state's borders is unconstitutional, saying that the formula ensures that "Florida reaches no more than its fair share" of tax.
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September 08, 2025
Trump Returns To High Court In Foreign Aid Freeze Dispute
President Donald Trump asked the U.S. Supreme Court on Monday to pause a lower court's order requiring the administration to release roughly $4 billion in frozen foreign aid, claiming the ruling interferes with his attempt to lawfully rescind the funding.
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September 08, 2025
Jury For Ex-Conn. Official Unlikely To Hear About Other Pleas
A federal jury scheduled to hear a former Connecticut budget official's corruption trial in less than a month should not be told that three construction executives pled guilty to conspiring to bribe him, a judge said Monday, agreeing that the evidence would cause unfair prejudice.
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September 08, 2025
Pa. Top Court Snapshot: Clickwrap Agreements, Mail-In Votes
The Pennsylvania Supreme Court will return from its summer break with a couple of familiar issues, including the heavily litigated issue of discarding undated mail-in ballots and a much-anticipated review of common "clickwrap" agreements for apps and websites. Here are some of the cases the state's justices will hear in their Sept. 9-11 session.
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September 08, 2025
NJ Justices Question Parole Board Rule's Constitutionality
The New Jersey Supreme Court suggested Monday that a state Parole Board regulation posed a due process problem by categorically barring prison inmates from accessing their psychological evaluations even if the board applies the rule in a manner that it says is constitutional.
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September 08, 2025
Longtime USPTO Rocky Mountain Director Leaves Agency
The leader of the regional U.S. Patent and Trademark Office covering Colorado, Nebraska and several other states has announced that she is no longer working at the agency.
Expert Analysis
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How New Texas Law Targets ESG Proxy Advice
A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.
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8 Compliance Team Strategies To Support Business Agility
Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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Annual Report Shows CFIUS Extending Its Reach In 2024
The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.
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Trump Tax Law's Most Impactful Corp. And Individual Changes
The One Big Beautiful Bill Act built on and reshaped elements of the Tax Cuts and Jobs Act, including business interest deductions, bonus depreciation and personal income relief, delivering substantial changes to both corporate and individual tax policy, say attorneys at Weil.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
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.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
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.
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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.