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Public Policy

  • September 24, 2025

    Md. County Backs Landowners In 4th Circ. Power Line Dispute

    A county board of commissioners in Maryland told the Fourth Circuit that a Public Service Energy Group unit trying to build a 67-mile transmission line has no right to conduct testing on private landowners' properties, saying a lower court erred in granting the company access.

  • September 24, 2025

    5th Circ. Tosses Takings Claim Over Texas Bridge Contract

    The Fifth Circuit has ruled local governments can act like any other party to a contract after the city of Mesquite, Texas, refused to extend a development agreement and shut down an attempt by a group of real estate owners to claim a refund on costs for building a multipurpose bridge.

  • September 24, 2025

    NYC Housing Bribe Case Winding Down As Another Trial Set

    A Manhattan federal judge on Wednesday teed up a trial for a Bronx assistant public housing superintendent accused of taking $14,000 in bribes, as an anti-corruption sweep targeting 70 workers at the New York City Housing Authority inched toward an end.

  • September 24, 2025

    Sen. Ossoff Pushes Fed. Courts To Uphold Access To Counsel

    Sen. Jon Ossoff, D-Ga., has urged the Judicial Conference to take further action to ensure that all defendants, particularly low-income ones, have access to counsel for their initial appearance in federal court.

  • September 24, 2025

    Ohio House Bill Seeks Approval Rule For Some Property Tax

    Ohio would require some political subdivisions to obtain approval from their member governing bodies before imposing property tax above a statutory limit under a bill introduced in the state House of Representatives.

  • September 23, 2025

    UC Researchers Win Expanded Injunction Against Grant Cuts

    A California federal judge Monday issued another preliminary injunction ordering the Trump administration to reinstate grants awarded to University of California researchers, this time resurrecting grants awarded by the U.S. Department of Defense, the U.S. Department of Transportation and the National Institutes of Health.

  • September 23, 2025

    Judiciary Dems Demand Feds Explain 'Border Czar' Probe

    Democratic members of the Senate Judiciary Committee announced Tuesday they are looking into the Trump administration's alleged closure of a U.S. Department of Justice bribery investigation of White House "border czar" Thomas Homan, following recent news reports that he accepted $50,000 from an undercover FBI agent.

  • September 23, 2025

    Industry Witnesses In Google Ad Tech Case Not 'That Helpful'

    A Virginia federal judge tightened the leash Tuesday on the U.S. Department of Justice and Google fight over the company's advertising placement technology business, expressing dissatisfaction with non-technical industry witnesses testifying about the benefits and costs of a government breakup proposal.

  • September 23, 2025

    Ad Groups Urge Newsom To Veto Calif. Opt-Out Tool Bill

    Four major ad industry groups are asking California Gov. Gavin Newsom to veto a bill that would require browser developers to offer a digital tool enabling consumers to more easily opt out of online behavioral advertising throughout the web.

  • September 23, 2025

    5th Circ. Won't Disturb EPA's Denial Of Texas Ozone Plan

    The Fifth Circuit on Monday refused to upend a U.S. Environmental Protection Agency decision denying Texas' Clean Air Act implementation plans, finding that the EPA's procedure complied with the law and its reasoning for denying the plans "was sound."

  • September 23, 2025

    DC Circ. Says FMC's Late-Fee Rule Makes No Sense

    The Federal Maritime Commission's "demurrage and detention" fees rule does not make sense, the D.C. Circuit has ruled, partially striking down the rule after finding that the agency had not given a good reason for allowing some entities to be fined for shipping delays while blocking others.

  • September 23, 2025

    Towing Cos. Can Bill For Special Rigs, Conn. Justices Say

    Upending three lower decisions to the contrary, the Connecticut Supreme Court on Tuesday said tow truck operators can charge extra fees on top of hourly labor rates when using specialized equipment to clear highway wrecks, saying a limited interpretation of a state motor vehicle regulation could hinder accident cleanup efforts.

  • September 23, 2025

    Sandisk Gets Support In 'Settled Expectations' Challenge

    Industry groups, professors and Unified Patents are backing Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's policy of denying review of patents based on the owner's "settled expectations," saying it flouts the law and undermines the patent review system.

  • September 23, 2025

    Amazon Prime Trapped Consumers, FTC Tells Seattle Jury

    Amazon knew for years that millions of people were inadvertently enrolling in its Prime subscription program because of its design choices but prioritized boosting membership counts over fixing the problem, the Federal Trade Commission told a Seattle federal jury on Tuesday, kicking off a long-awaited consumer protection trial against the e-commerce giant.

  • September 23, 2025

    Banks Urge SEC To Hold Crypto Custody To Same Standards

    Financial services trade groups have cautioned the U.S. Securities and Exchange Commission against broadly permitting investment advisers and state-chartered trust companies to safeguard customer's cryptocurrency assets, urging the agency to maintain equal standards for all financial custodians amid planned crypto rulemaking.

  • September 23, 2025

    NC Legislature Passes Bill To Eliminate Cashless Bail

    In the wake of the murder of a Ukrainian refugee on public transit allegedly by a man recently arrested and freed on a promise to appear, North Carolina's General Assembly on Tuesday passed a bill to eliminate cashless bail and make it easier to execute people in the state.

  • September 23, 2025

    FCC Demands Boomerang, Others Repay $1.1M For Contracts

    The Federal Communications Commission said it is owed more than $1.1 million for spending more on computer tablets than was needed by two wireless companies during pandemic-era assistance programs.

  • September 23, 2025

    CFTC Seeks Feedback On The Use Of Crypto Collateral

    The U.S. Commodity Futures Trading Commission launched an initiative on Tuesday to enable the use of certain crypto assets as collateral in derivatives markets, soliciting industry suggestions on potential pilot programs, amendments to regulations and relevant issues.

  • September 23, 2025

    Hedge Funds Call For CFTC To End Dual Registration

    A group representing the hedge fund industry is calling on the U.S. Commodity Futures Trading Commission to drop the need for industry participants to submit to agency oversight in cases where fund managers are already registered with the U.S. Securities and Exchange Commission, calling the dual registration requirement "costly" and "inefficient."

  • September 23, 2025

    Ƶ Frees Apple, US Bank From Biden-Era Consent Orders

    The Consumer Financial Protection Bureau has lifted two more enforcement orders issued during the Biden administration, this time granting both Apple Inc. and U.S. Bank NA an early release from ongoing monitoring years ahead of schedule.

  • September 23, 2025

    New Illinois Law Opens The Door To More Toxic Tort Litigation

    A new Illinois law expanding the state's jurisdictional reach in toxic tort cases has drawn mixed reactions from attorneys, with some praising the law as an added accountability measure for toxic exposure and others decrying it as an open invitation for forum shopping that could clog the state's dockets.

  • September 23, 2025

    ACLU Says ICE Won't Provide Records On Colo. Expansion

    The American Civil Liberties Union Foundation of Colorado claimed in federal court on Tuesday that U.S. Immigration and Customs Enforcement is refusing to comply with a request for information on plans to expand operations in the state.

  • September 23, 2025

    Professor Says New West Point Policy Stifles Free Speech

    The longest-serving law professor at West Point has accused the school of violating the free speech rights of its civilian instructors with a new policy that requires professors to obtain permission before participating in or publishing papers tied to their position at the school.

  • September 23, 2025

    Alaska Tribe Fights State's Bid To Revive Gaming Case

    An Alaskan Native Village is fighting a request by the state to reopen a dispute that rejected the tribe's bid to secure the right to open a bingo hall, telling a D.C. federal court there's nothing to enforce in the matter.

  • September 23, 2025

    Enviro Orgs. Ask 5th Circ. To Review Delfin LNG Project License

    Environmental groups on Monday asked the Fifth Circuit to find that the U.S. Department of Transportation violated federal law when it issued a license for the construction and operation of the Delfin LNG LLC deepwater liquefied natural gas project.

Expert Analysis

  • Lessons From Liberty Mutual FCPA Declination

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    Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.

  • Data Undermines USPTO's 'Settled Expectations' Doctrine

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    An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.

  • Drafting M&A Docs After Delaware Corp. Law Amendments

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    Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • FTC Focus: When Green Goals And Antitrust Law Collide

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    A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.

  • High Court E-Cig Ruling Opens Door For FDA Challenges

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    There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.

  • Opinion

    Small-Plane Black Box Mandate Would Aid Probes, Lawsuits

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    Given climbing fatality rates from small-plane and helicopter crashes, and the evidentiary significance of cockpit voice recordings in litigation and investigations, the Federal Aviation Administration should mandate black boxes in smaller aircraft, despite likely judicial challenges over privacy and cost-benefit calculations, says Jeff Korek at Gersowitz Libo.

  • Untangling 'Debanking' Exec Order And Ensuing Challenges

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    President Donald Trump's recent executive order on the practice of closing or refusing to open accounts for high-risk customers has heightened scrutiny on "debanking," but practical steps can help financial institutions reduce the likelihood of becoming involved in investigations, say attorneys at Winston & Strawn.

  • What FDIC's Asset Threshold Raise Would Mean For Banking

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    If the Federal Deposit Insurance Corp. goes through with its plan to raise asset thresholds that determine regulatory intensity, it could free billions in compliance costs and bolster regional and community banks, but risk of oversight gaps are making this a contested area in banking policy, says Jessica Groza at Kohr Jackson.

  • 2nd Circ. Ruling Gives Banks Shield From Terrorism Liability

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    A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.

  • Calif. Board's Financial-Grade Climate Standards Raise Stakes

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    After the California Air Resources Board's recent workshop, it is clear that the state's climate disclosure laws will be enforced with standards comparable to financial reporting — so companies should act now to implement assurance-grade systems, formalize governance responsibilities and coordinate reporting across their organizations, says Thierry Montoya at Frost Brown.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Unpacking The BIS Guidance On Chinese AI Chip Use

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    In response to May guidance from the Bureau of Industry and Security, which indicates the agency considers a wide but somewhat unclear range of activities involving Chinese integrated circuits to be in violation of its General Prohibition 10, companies should consider adopting enhanced due diligence to determine how firm counterparties may be using the affected chips, says Peter Lichtenbaum at Covington.

  • How To Address Tariff-Related Risks In Commercial Contracts

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    Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.

  • How New Texas Law Targets ESG Proxy Advice

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    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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