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Public Policy
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September 10, 2025
Cruz Fights NDAA's Pentagon 'Veto' Of Commercial Spectrum
Sen. Ted Cruz, R-Texas, said Wednesday he's pushing to remove a draft provision in this year's defense policy bill that he says would allow the U.S. Department of Defense to effectively "veto" certain allocations of military-held spectrum to the private sector.
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September 10, 2025
Fired FBI Officials Claim 'Campaign Of Retribution' In New Suit
Three former senior FBI officials sued the Trump administration in D.C. federal court on Wednesday, accusing FBI Director Kash Patel of politicizing the agency and firing them as part of a "campaign of retribution" in a bid to keep his own job.
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September 10, 2025
Wis. Judicial Commission Sued Over Confidentiality Rules
Two conservative groups have sued the Wisconsin Judicial Commission over its policy of keeping all judicial misconduct complaints strictly confidential, claiming the policy violates the First Amendment and has stymied discussion of a complaint against a sitting state judge.
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September 10, 2025
NC Justices Debate 2-Second Reaction Time In Crash Suit
The North Carolina Supreme Court grappled Wednesday with whether two seconds was enough time for a town utility worker to both register and react to the fact that he was about to hit a pedestrian with his work truck.
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September 10, 2025
SEC Taps Gibson Atty To Head Corporation Finance Division
The U.S. Securities and Exchange Commission on Wednesday named the co-chair of Gibson Dunn & Crutcher LLP's securities regulation practice as the new leader of its Division of Corporation Finance, which is responsible for writing rules and providing guidance to publicly traded companies on shareholder disclosure matters, among other things.
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September 10, 2025
Ore. County Failed To Tell Biz It Lost Tax Break, Court Says
An Oregon meat processor was justified in failing to timely appeal property assessments because it was never notified in writing by a county assessor of its exclusion from an enterprise zone tax incentive program, the state tax court ruled.
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September 10, 2025
Mass. Justices Reject Former State Senator's Immunity Claim
Massachusetts' highest court ruled Wednesday that a former state senator is not immune from prosecution for using his State House staff to work on his reelection campaigns in 2018 and 2020.
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September 10, 2025
AT&T Gave Prosecutor's Data To Trump-Tied Attys, Suit Says
Nathan Wade, the special prosecutor who exited the Georgia election interference case against President Donald Trump after his romantic relationship with Fulton County District Attorney Fani Willis was revealed, has accused AT&T of unlawfully releasing "breathtaking" amounts of his personal cellphone data to defendants in the case.
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September 10, 2025
NTIA Poised To Release First Spectrum Under New Budget Act
The Trump administration said Wednesday it will make a chunk of spectrum used for weather monitoring available for commercial use, the first such transfer of the airwaves since Congress passed this summer's sweeping budget package.
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September 10, 2025
DC Circ. Temporarily Reinstates Copyright Head After Firing
The fired head of the U.S. Copyright Office has regained her position for the time being after a split D.C. Circuit faulted a lower court's analysis of whether she would be harmed if she didn't get her job back while fighting the Trump administration's dismissal of her.
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September 09, 2025
Fed Reserve Gov. Cook Wins Removal Reprieve For Now
Federal Reserve Gov. Lisa Cook, for now, can stay on the Fed's board while she challenges President Donald Trump's attempt to strip her of her position, a D.C. federal judge ruled late Tuesday, saying Cook has "made a strong showing" that her purported removal was likely illegal.
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September 09, 2025
Conservative Groups Warn Against Value-Based 'Patent Tax'
More than three dozen conservative groups Tuesday urged the U.S. Department of Commerce to refrain from considering charging patent owners a novel "patent tax" based on the value of their patents, warning that such a levy would harm innovation in the U.S., especially for emerging technologies.
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September 09, 2025
4th Circ. Debates Whether 'Silence' In 340B Empowers States
Two states told a Fourth Circuit panel on Tuesday that "silence" in the law governing the federal government's drug discount program permits state enforcers to step in and regulate the delivery of those drugs to their communities.
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September 09, 2025
Calif. AG Sues Over 'Uninhabitable,' 'Inhumane' LA Jails
California Attorney General Rob Bonta has sued the Los Angeles County Sheriff's Department over the "inhumane" and "uninhabitable" conditions at county jails, pointing to an increase in in-custody deaths and facilities that allegedly lack adequate plumbing, sanitation and temperature control.
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September 09, 2025
DOD's Cybersecurity Rule May Help Fend Off FCA Claims
The U.S. Department of Defense's requirement for certain contractors to have a third-party assessor review their cybersecurity compliance, implemented in a final rule Tuesday, could help contractors protect themselves from False Claims Act enforcement.
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September 09, 2025
DC Circ. Talks 'Hypos' On Maritime Refusal To Deal Challenge
The D.C. Circuit is set to decide whether a rule that the Federal Maritime Commission passed to deal with COVID-19 supply line shortages allows the agency to engage in illegal rate-setting after spending part of its morning hammering the parties with hypotheticals.
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September 09, 2025
FCC OKs Waivers For Smart House Locks
The Federal Communications Commission agreed Tuesday to make some exceptions to its rules for ultra-wideband devices — specifically a requirement that they be handheld — so a pair of companies can ensure their smart locks have the agency's seal of approval.
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September 09, 2025
Hemp Interests Drop Challenge To Louisiana THC Law
A cannabis industry group and a wholesaler have asked a Louisiana federal judge to dismiss their lawsuit seeking to block the state from imposing new restrictions on consumables infused with hemp-derived THC.
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September 09, 2025
FDIC Eases Standards For Lifting Cease-And-Desist Orders
The Federal Deposit Insurance Corp. is giving banks a quicker potential path out of its doghouse, rolling out a policy change that allows more flexibility to close out enforcement orders before firms have finished satisfying all their terms.
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September 09, 2025
Calif. Bar Seeks Justices' Clarity In Eastman Disbarment Case
The State Bar of California asked the state's justices to affirm recommendations to disbar Donald Trump's onetime attorney John Eastman, who helped plan and promote the then-presidential candidate's strategy to overturn the 2020 election, but also review what it says are two legal errors that could "significantly impact future cases."
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September 09, 2025
Trump Admin Blocked From Boston Hospital Trans Care Docs
A Massachusetts federal judge on Tuesday blocked the Trump administration's bid to gain access to a wide array of documents related to gender-affirming care at Boston Children's Hospital, finding that the request is a veiled attempt to limit such care in the state.
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September 09, 2025
OCC Taps Cravath Atty As Principal Deputy Chief Counsel
A former Cravath Swaine & Moore LLP corporate attorney has been tapped to serve as the principal deputy chief counsel of the Office of the Comptroller of the Currency, while a longtime agency official has been promoted to oversee its newly elevated chartering and licensing process, the regulator said Tuesday.
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September 09, 2025
Colo. Justices Rule Interest Not Covered By $1M Med Mal Cap
The Colorado Supreme Court has ruled that the state's $1 million cap on medical malpractice damages doesn't encompass certain interest awards when the so-called good cause exception applies, in a suit accusing a doctor of causing a baby's severe brain injury.
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September 09, 2025
5th Circ. Says Jarkesy Doesn't Doom OCC Enforcement Action
A Fifth Circuit panel has upheld industry bans and $250,000 fines against two former top executives of a failed Texas bank, rejecting their bid to overturn an Office of the Comptroller of the Currency enforcement order, finding that the OCC's in-house proceedings and ordered sanctions did not violate the executives' constitutional right to a jury trial.
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September 09, 2025
Atty Flashes Weed In NC High Court To Challenge Odor Test
A defense attorney on Tuesday pulled out a bag of weed in front of North Carolina's seven justices and a courtroom full of sheriffs to illustrate the outcome of letting officers conduct warrantless searches based on the smell of pot alone, saying such a test doesn't work in the age of legalized hemp.
Expert Analysis
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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How Sweeping Budget Bill Shakes Up Health Industry
With the recently passed One Big Beautiful Bill Act marking one of the most significant overhauls of federal health policy since the passage of the Affordable Care Act, providers, managed care organizations and life sciences companies must now shift focus from policy review to implementation planning, say advisers at Holland & Knight.
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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Legal Ops, Compliance Increasingly Vital To Antitrust Strategy
With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.
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What's Next For ÃÛÌÒÊÓÆµ After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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What To Know As SEC Looks To Expand Private Fund Access
As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.
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Fla. Law Is Part Of State Trend On Curbing Foreign Influence
A recently effective Florida law that broadly prohibits charities from receiving or soliciting funds from individuals and entities associated with certain foreign countries, the first of its kind in the nation, follows a growing state-level focus on foreign influence regulation, say attorneys at Venable.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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IPR Decisions Clarify Stewart's 'Settled Expectations' Factor
Recent discretionary denial decisions from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart have begun to illuminate the contours of her "settled expectations" doctrine, informing when it might be worth petitioning for inter partes review if the patent at issue has been in force for a few years, say attorneys at Morgan Lewis.
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.
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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.