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Public Policy
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September 24, 2025
Michigan's 'Buy Local' Power Rule Shores Up Grid, Judge Told
Michigan's utility regulator and one of the state's largest utilities have defended a requirement that power providers serving the state must source some of their electricity locally, saying in a court filing the rule helps ensure grid reliability.
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September 24, 2025
ACLU, Feds Spar Over Classwide Relief In Guantánamo Case
The American Civil Liberties Union and the Trump administration filed dueling briefs on whether a D.C. federal judge can certify a class and grant classwide relief in a suit challenging the government's transfer of some detained noncitizens to Guantánamo Bay.
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September 24, 2025
High Court Won't Review Legality Of Wilcox, Harris Firings
The U.S. Supreme Court has rejected former National Labor Relations Board member Gwynne Wilcox's and former Merit Systems Protection Board member Cathy Harris' requests for decisions on whether their firings were lawful, saying it will only review the legality of former Federal Trade Commissioner Rebecca Slaughter's ouster.
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September 24, 2025
Court Sides With Texas, Nixes Medicaid Tax Funding Rule
The federal government improperly expanded a Medicaid funding restriction to private parties that was meant only to govern the use of state taxes to fund the health insurance program, a Texas federal court ruled Wednesday in vacating guidance from the Centers for Medicare & Medicaid Services.
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September 24, 2025
GAO Says Energy Dept. Must Review PFAS At Dozens Of Sites
The U.S. Department of Energy needs to speed up its review of how forever chemicals are and have been used at its sites across the nation, the congressional watchdog agency said Wednesday.
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September 24, 2025
DOJ Seeks Dismissal Of Pot User's Gun Charge
The U.S. Department of Justice wants to end its prosecution of a cannabis user charged with possession of a firearm, telling an Oklahoma federal court on Tuesday that the case is old and it's very likely that the U.S. Supreme Court will soon address the gun law at issue.
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September 24, 2025
FTC Merger Filing Overhaul Is Clear Overstep, Chamber Says
The U.S. Chamber of Commerce and other groups challenging the Federal Trade Commission's recent overhaul of its premerger reporting requirements told a Texas federal court the changes create an unnecessary burden for thousands of deals that raise no competition concerns.
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September 24, 2025
Keep Rules Against Phone 'Slamming,' NY Agency Says
New York state officials want the Federal Communications Commission to keep safeguards in place against phone service "slamming" even though the incidence of people's service being switched without their permission is fading as technology advances.
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September 24, 2025
EU Commission Provides Guidance For Blocwide VAT Rules
The European Commission issued guidance Wednesday to help European Union member states enact blocwide value-added tax rules for the digital economy, including real-time e-invoicing on cross-border transactions.
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September 24, 2025
Trans Youth Care Ban Discriminatory, Mo. High Court Hears
The Missouri Supreme Court heard arguments Wednesday on a law that bans gender-affirming care for minors and restricts Medicaid coverage for transgender care at any age, but the justices gave little indication of how they might rule.
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September 24, 2025
Medical Marijuana Operators Claim Okla. Undermines Industry
A group of Oklahoma medical marijuana interests allege in a new federal lawsuit that state officials are unlawfully hindering their operations as part of a broad crackdown on the industry.
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September 24, 2025
Mobile Cos. Claim Chilling Effect From Local Permitting
Wireless industry players are having problems with local permitting that would be fixed by the Federal Communications Commission's new proposal, which would use federal preemption to help companies clear permitting hurdles, according to a major trade group.
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September 24, 2025
Let States Use Leftover BEAD Funds, Sen. Wicker Says
States should be able to use money left over from federal grants aimed at broadband deployment for other projects to boost high-tech growth, a Republican senator said.
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September 24, 2025
Ga. Panel Reverses Trial Court's Same-Sex Motherhood Ruling
The Georgia Court of Appeals Wednesday reversed a trial court order that refused to recognize the legitimacy of a woman's parental relationship to a child conceived by artificial insemination during her marriage to another woman.
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September 24, 2025
ITC's IP Cases Mainly Target Computer And Telecom Products
New data from the U.S. International Trade Commission has shown that intellectual property activity at the agency in 2024 remained relatively the same, with investigations primarily looking into computer and telecommunications products.
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September 24, 2025
American Airlines, US Gov't Sued Over Potomac Crash
A new wrongful death complaint brought by the wife of an American Eagle Flight 5342 victim names both American Airlines and the United States government as liable in the "wholly avoidable tragedy" that killed 67 people on the Potomac River in January.
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September 24, 2025
Dems Probing Skadden, Kirkland, Paul Weiss' Work For Trump
Top Democratic legislators are investigating whether pro bono work reportedly being performed by Paul Weiss Rifkind Wharton & Garrison LLP, Kirkland & Ellis LLP and Skadden Arps Slate Meagher & Flom LLP for the U.S. Department of Commerce is in violation of federal law, according to letters the lawmakers sent the firms Wednesday.
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September 24, 2025
HHS Allocates $1.5B To States, Tribes To Combat Opioid Crisis
The U.S. Department of Health and Human Services has allocated more than $1.5 billion to states and tribal communities that the agency says will provide critical resources in addressing the country's opioid overdose crisis.
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September 24, 2025
Tribal Groups Back 9th Circ. Bid To Block Ariz. Land Transfer
Two tribal advocacy groups are backing a Ninth Circuit bid to block a 2,400-acre federal land exchange in Arizona to make way for a billion-dollar copper mining project they say will destroy an ancient worship site, arguing that federal policies are systematically stripping Indigenous nations of their homelands.
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September 24, 2025
States Say Ed Dept. Must Face Suit Over Mental Health Cuts
A group of 16 states led by Washington has asked a federal judge not to let the U.S. Department of Education escape the states' claims that the agency violated federal law by discontinuing mental health grants given to public schools to help students cope with school shootings.
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September 24, 2025
Rikers Detainees File Class Action Over Solitary Confinement
A group of detainees are accusing the New York City Department of Correction of systematically violating the state's landmark law restricting solitary confinement, saying in a state court in a proposed class complaint they have been locked in their cells for up to 24 hours a day at Rikers Island despite the ban, a lawyer told Law360 on Wednesday.
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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.
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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.
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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.
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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.
Expert Analysis
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Genius Act Sets Stablecoin Standards — Without Regulation E
While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Opinion
Sometimes Int'l Competition Should Trump Antitrust Concerns
The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.
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Divest Order Shows How Security Fears Extend CFIUS Scope
A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.
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Art Market Must Prepare For More AML Scrutiny
Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.