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Public Policy
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September 10, 2025
Fla. Panel Says State's Open-Carry Ban Is Unconstitutional
A Florida appeals court on Wednesday unanimously struck down a state law that restricted the open carry of firearms, saying the statute was incompatible with the Second Amendment because it was at odds with a "historical tradition of firearms regulation" in the U.S.
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September 10, 2025
Unions' Challenge To Fed. Layoffs, Reorganizations Proceeds
The Trump administration must continue facing a union-backed challenge to its federal worker layoffs and agency reorganizations, a California federal judge ruled, tossing the administration's argument that the U.S. Supreme Court cast enough doubt on the suit's legitimacy by pausing an injunction to justify dismissing the case.
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September 10, 2025
Fla. Judge Gets First Dem Vote Of Trump's 2nd Term
Sen. Peter Welch, D-Vt., a member of the Senate Judiciary Committee, on Tuesday became the first Democrat to vote for a judicial nominee of President Donald Trump's second term.
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September 10, 2025
4th Circ. Hears Neb. Tribe's Fight For Children's Repatriation
The U.S. Army can't say that the remains of two children entombed in a former Pennsylvania Indian boarding school are not part of a collection or holding, counsel for a Nebraska tribe told a Fourth Circuit panel on Wednesday in seeking the return of the remains to their tribe, arguing that they were buried and re-buried without tribal consent.
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September 10, 2025
FTA Probes Charlotte Transit After Fatal Light Rail Stabbing
The Federal Transit Administration has launched itself into the fray surrounding the stabbing death of a 23-year-old Ukrainian refugee on a city light rail line in Charlotte, North Carolina, announcing on Wednesday that it is investigating the city transit system's compliance with federal safety regulations.
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September 10, 2025
Longtime Mich. Resident In ICE Custody Gets Bond Hearing
A Michigan federal judge on Tuesday ordered Immigration and Customs Enforcement to give a longtime resident a bond hearing or release him from detention within seven days, finding the government has been inappropriately keeping him in custody under a section of law that applies to those trying to enter at the border.
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September 10, 2025
FERC Urged To Drop 'Ill-Conceived' Pipeline Review Updates
Gas industry groups urged the Federal Energy Regulatory Commission to accept Secretary of Energy Chris Wright's request to scrap plans for greater environmental reviews for pipeline approvals, agreeing that they exceed FERC's authority and undermine regulatory certainty.
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September 10, 2025
BLM Says It Will Rescind Biden-Era Land Conservation Rule
The U.S. Bureau of Land Management on Wednesday said it will roll back the Biden administration's Public Lands Rule, which the agency says improperly prioritizes land conservation over uses like energy development and livestock grazing.
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September 10, 2025
Texas Justices Wary Of Shifting Franchise Tax Calculation
The Texas Supreme Court on Wednesday pushed an energy company to explain why the Texas tax code would make it eligible for a refund for bunker oil sold in the Lone Star State, asking where it should look in the law to create a "destination test" for state franchise taxes.
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September 10, 2025
P. Scott Neville Jr. Named Chief Justice Of Ill. Supreme Court
Justice P. Scott Neville Jr. has been selected to become the next chief justice of the Illinois Supreme Court, the high court announced Tuesday, calling him a "lifelong champion for equal justice."
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September 10, 2025
Trump To Take Fed Gov. Cook's Removal Case To DC Circ.
President Donald Trump on Wednesday told a Washington, D.C., federal judge that the government will appeal the judge's decision granting a temporary win to Federal Reserve Gov. Lisa Cook in her challenge to the president's attempt to remove her from her position.
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September 10, 2025
Trump's Pick For Fed Board Seat Moves Ahead To Full Senate
The U.S. Senate Banking Committee on Wednesday endorsed President Donald Trump's bid to install Stephen Miran, a top White House economist, at the Federal Reserve, advancing his nomination over Democratic objections that he would be a Trump loyalist rather than an independent central banker.
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September 10, 2025
Colo. Gov. Urges Extension Of Fed. Enhanced Premium Credit
Congress should act to preserve the tax credit that subsidizes individual market health plans, Colorado Gov. Jared Polis told the state's congressional delegation, warning of significant premium increases if the credit is allowed to expire after this year.
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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.
Expert Analysis
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Opinion
The SEC Should Embrace Tokenized Equity, Not Strangle It
The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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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.