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Public Policy
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September 16, 2025
DC Circ. Urged To Rehear EPA's HFC Market Allocation Case
A Georgia refrigerants company is asking for another shot to challenge the U.S. Environmental Protection Agency's implementation of a 2020 law mandating an 85% reduction in hydrofluorocarbon consumption by 2036, requesting an en banc rehearing from the D.C. Circuit after a panel unanimously rejected its challenge last month.
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September 16, 2025
Tax-Exempt Hospitals Face Financial Duress, Panel Hears
The nation's nonprofit hospitals are under growing financial stress due to cutbacks in federal funding, an aging population and unnecessary spending on programs unrelated to providing healthcare to their communities, industry experts told lawmakers Tuesday at a congressional hearing.
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September 16, 2025
GOP Spending Bill Seeks $58M For Supreme Court, Marshals
The House Republicans unveiled their short-term spending bill Tuesday, and it includes an extra $28 million for security for the U.S. Supreme Court justices.
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September 16, 2025
EPA Sued For Dropping Slaughterhouse Water Pollution Regs
Several organizations have filed a petition with the Ninth Circuit contesting the U.S. Environmental Protection Agency's decision to renege on a Biden-era proposal that would've levied stricter rules of how much meat and poultry slaughtering, processing, and rendering facilities could discharge pollutants into nearby waterways.
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September 16, 2025
Wash. Justices Scrutinize Minimum Wage 'Live In' Exclusion
Washington Supreme Court justices on Tuesday pushed counsel for an adult family home on the stance that its "live in" workers are adequately protected by existing laws and regulations, pointing to testimony its employees are always on call and sometimes at risk of physical assault by residents.
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September 16, 2025
DC Circ. Asked To Look At ADA Injunction In Segregation Case
Washington, D.C., wants the D.C. Circuit to narrow an injunction commanding the district to help people in Medicaid-funded nursing homes move out of those facilities and into less restrictive forms of care, as the litigation approaches its 15th birthday.
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September 16, 2025
Commerce Asks For Inclusions To Steel, Aluminum Tariffs
The U.S. Department of Commerce announced the September window for stakeholders to comment on whether the government should include additional goods within the scope of the 50% steel and aluminum duties that President Donald Trump imposed earlier this year.Â
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September 16, 2025
Feds Seek Toss Of DC Hemp Store's Home-Rule Challenge
The United States government on Monday urged a federal judge to dismiss a challenge to federal policy restricting the nation's capital from regulating marijuana and hemp sales, saying the local retailer that brought the action lacked standing to sue.
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September 16, 2025
Rev Up Mobile Data Speed Standards, Rural Carriers Say
The federal target for mobile broadband speeds should be based on coverage provided to moving vehicles rather than to outdoor stationary devices, a trade group for rural wireless carriers told the Federal Communications Commission.
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September 16, 2025
Dems Renew Push To Ban Credit Checks In Hiring
Democratic lawmakers introduced legislation that would bar employers from requiring job applicants to disclose their credit history as part of the hiring process, saying the bill would remove a barrier that disproportionately hurts women and minority workers.
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September 16, 2025
Commerce Says Auto Tariff Request Window Opens In Oct.
The U.S. Department of Commerce's Bureau of Industry and Security issued guidance formally establishing the auto part tariff inclusion request process, and the first window for new requests by stakeholders will begin Oct. 1, according to a notice filed Tuesday.
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September 16, 2025
BlackRock Blames Coal Production Cuts On Falling Demand
BlackRock Inc. told a Texas federal court that coal production has declined because demand from coal-fired power plants has been falling for years, not because asset managers conspired to pressure the producers.
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September 16, 2025
US Asks Court To Sink Vermont Climate Superfund Law
The Trump administration, Republican-led states and business groups including the U.S. Chamber of Commerce and American Petroleum Institute on Monday asked a Vermont federal court to kill the state's climate Superfund law.
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September 16, 2025
Plant Bailout Cost Approvals Were Premature, FERC Told
Environmental and consumer advocates say the Federal Energy Regulatory Commission jumped the gun in approving plans to charge power consumers for the continued operation of retiring power plants that the Trump administration has controversially ordered to remain open.
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September 16, 2025
CVS Caremark Takes $290M Overbilling Judgment To 3rd Circ.
CVS's pharmacy benefits manager will appeal a judgment against the company that was recently increased from $95 million to $290 million in a suit alleging it overbilled Medicare Part D-sponsored drugs, according to a notice of appeal filed in Pennsylvania federal court.
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September 16, 2025
Wash. Charitable Limits Don't Apply To Firefighter House Sale
The Seattle Black Firefighters' Association is not a charitable organization, the Washington Court of Appeals said, affirming a lower court ruling that found the house the association occupies is not subject to charitable purpose restrictions.
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September 16, 2025
Acting US Atty Denies Prosecution Of Lawmaker Is 'Selective'
The U.S. Department of Justice has requested that assault charges not be dismissed against U.S. Rep. LaMonica McIver, pushing back on claims the government is selectively prosecuting her following a confrontation with federal agents in May at an Immigration and Customs Enforcement facility in Newark.
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September 16, 2025
Former Miami City Atty Exits Political Retaliation Suit
A former city attorney for Miami on Monday knocked down claims against her from a pair of business owners accusing her of taking part in a political retaliation scheme when a Florida federal judge ruled that she was immune from the allegations.
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September 16, 2025
FTC Chair Pledges 'Action' Against Late Merger Fixes
Federal Trade Commission Chairman Andrew Ferguson vowed Tuesday to take unspecified "action" against tactics by merging companies to propose fixes only after antitrust enforcers bring a transaction challenge, a strategy he called "bad for the system."
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September 16, 2025
FCC Seeks Feedback On Call For Better Signal Booster Regs
The Federal Communications Commission is mulling a nonprofit's proposal to update its industrial signal booster rules, which the group says "left significant implementation gaps" when they were put in place over a decade ago.
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September 16, 2025
SEC Blasts Thrivent's Attempt To 'Upend' FINRA Oversight
The Securities and Exchange Commission is defending its refusal to amend three long-running arbitration rules adopted by the Financial Industry Regulatory Authority at the request of financial services organization Thrivent, urging the D.C. Circuit to reject the company's appellate petition and leave FINRA's arbitration rules as they are.
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September 16, 2025
California AG Bonta Names New State Solicitor General
California Attorney General Rob Bonta has promoted a veteran attorney in the state's Department of Justice to become the state's new solicitor general.
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September 16, 2025
USDOT Orders Scuttling Of Delta-Aeromexico Joint Venture
The Trump administration has ordered Delta Air Lines and Aeromexico to scuttle their joint venture by Jan. 1, saying they gained an unfair advantage in the market after the Mexican government abruptly restricted flights from other carriers at Mexico City's primary airport.
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September 16, 2025
Senate Democrats Urge Chamber Not To Recriminalize Hemp
A group of Democratic U.S. senators on Tuesday urged the chamber's leaders not to adopt language in an appropriations bill that would drastically redefine the definition of legal hemp and which they say could ruin the nationwide hemp industry.
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September 16, 2025
Mass. Tax Board Cuts Value Of Biz's Condos Based On Sales
The assessed values of two condominium units in Massachusetts were reduced by the state Appellate Tax Board in a decision released Tuesday, after the board found that both were overvalued when compared with similar properties.
Expert Analysis
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2nd Circ. Ruling Gives Banks Shield From Terrorism Liability
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.
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Calif. Board's Financial-Grade Climate Standards Raise Stakes
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.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
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.
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Unpacking The BIS Guidance On Chinese AI Chip Use
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.
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How To Address Tariff-Related Risks In Commercial Contracts
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.
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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.