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Public Policy
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September 02, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
For appellate attorneys feeling sad summer's over, September's circuit calendars are here to help with argument topics — including the former Meghan Markle, an ex-Jones Day lawyer's religious liberty suit and $17 million in fees after "a vigorous litigation battle" between BigLaw firms — offering enough intrigue to vanquish any autumn ennui.
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September 02, 2025
5th Circ. Judge Says Reimbursement Drop 'Not Chicken Feed'
A U.S. Circuit judge pushed the government to explain the policy rationale behind lowering how much hospitals can recoup in Medicare reimbursements for treating low-income patients who use state-specific programs, saying Tuesday the rule was seemingly aimed at "screwing these hospitals out of reimbursements."
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September 02, 2025
DC Circ. Says EPA Can Freeze Climate Grant Funds
A D.C. Circuit panel vacated an injunction on Tuesday ordering Citibank to relinquish grant funding frozen by the U.S. Environmental Protection Agency, finding green groups are not likely to succeed on the merits of their "essentially contractual" claims.
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September 02, 2025
GAO Report Says FEMA Funding Should Go Directly To Tribes
The U.S. Government Accountability Office on Tuesday urged Congress to provide direct Federal Emergency Management Agency funding to Native American tribes hit by tornadoes, reporting that 17 states in a recent 10-year period did not distribute any FEMA awards to tribes.
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September 02, 2025
Speculation Can't Halt Medical Coatings Merger, GTCR Says
GTCR BC Holdings LLC should be allowed to merge the nation's leading medical coatings supplier with the second leading provider because federal regulators spent two weeks simply relying on speculation and theory to prove its losing antitrust case, the private equity subsidiary argued.
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September 02, 2025
Fed. Circ. Told PTAB Ineligibility Rule Flouts Due Process
Marketing software company HighLevel Inc. has urged the Federal Circuit to prohibit the Patent Trial and Appeal Board from retroactively applying a decision barring patent reviews after a district court has found the patent invalid on eligibility grounds, saying the practice violates due process.
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September 02, 2025
9th Circ. Rejects Unvaxxed Firefighters' Discrimination Appeal
A Ninth Circuit panel declined on Tuesday to revive a group of Washington firefighters' suit against their employer for refusing them religious exemptions from a state COVID-19 vaccination mandate, concluding the fire agency would've faced "substantial costs" had it allowed them to continue working without the shot in 2021.
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September 02, 2025
Okla. Tribe Launches Campaign Against 'Secret' Rights Attack
The United Keetoowah Band of Cherokee Indians in Oklahoma said it has kicked off a campaign to oppose "secret" legislative language by a U.S. senator seeking to terminate rights to trust land and economic development that the tribe shares with the Cherokee Nation.
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September 02, 2025
Cannabis Co. Seeks To Toss Ex-COO's Fla. Whistleblower Suit
A Canadian cannabis company urged a Florida federal court to toss a whistleblower lawsuit brought by its former chief operating officer alleging he was wrongly terminated for attempting to bring facilities into compliance with safety standards, saying the complaint fails to state a plausible claim.Â
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September 02, 2025
DOJ Says Illinois Tuition Perks Illegally Disfavor US Citizens
Illinois is breaking federal law by providing in-state tuition, scholarships and other benefits to people who entered the country illegally and in doing so is discriminating against American citizens, the U.S. Department of Justice said Tuesday.
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September 02, 2025
SEC, CFTC Say Firms Can List Certain Spot Crypto Products
Staff of the U.S. Securities and Exchange Commission and U.S. Commodities Futures Trading Commission jointly told digital asset firms on Tuesday that registered exchanges under their purview can support trading of spot crypto products.
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September 02, 2025
NYPD Urges Dismissal Of Racial Bias Suit Over Gang List
The city of New York has asked a federal judge to toss a putative class action alleging NYPD officials violated the constitutional rights of people on the department's list of purported gang members, saying the lawsuit, brought by three anonymous men, is "highly speculative."
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September 02, 2025
Military Lawyers To Work As Temporary Immigration Judges
The U.S. Department of Defense is working to identify military lawyers to serve as temporary immigration judges at the U.S. Department of Justice, according to an agency spokesperson.
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September 02, 2025
Feds Want To Tell Jury About Guilty Pleas In Corruption Trial
A Connecticut federal jury in a former state budget director's upcoming corruption trial should be told that three construction industry officials have pled guilty to related conspiracy charges, federal prosecutors have argued, saying a defense bid to exclude the guilty pleas was "legally and factually unfounded."
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September 02, 2025
Two Unions Fight Trump Order Ending Labor Rights
Unions representing thousands of employees of the U.S. Patent and Trademark Office and the National Weather Service challenged in a lawsuit Tuesday in D.C. federal court an executive order by President Donald Trump ending their collective bargaining agreements.Â
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September 02, 2025
EchoStar Challenges FCC's New Auction Rules In 10th Circ.
Dish owner EchoStar has sued in the Tenth Circuit to overturn the Federal Communications Commission's recently passed rules to sell spectrum, claiming the plan will result in major penalties stemming from defaults on winning bids in an earlier auction.
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September 02, 2025
Colo. Gun Group Challenges Semi-Auto Restrictions Law
Colorado's official branch of the National Rifle Association told a federal judge on Tuesday that recently passed legislation restricting ownership of certain semi-automatic firearms violates the Second Amendment.
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September 02, 2025
Copyright Office Veteran Takes Over Registration Policy Role
A longtime U.S. Copyright Office attorney has taken over the role dedicated to overseeing the section that registers copyrights, replacing Robert Kasunic, who is retiring after just over a decade in the position, the office said Tuesday.
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September 02, 2025
Google Calls DOJ Ad Tech Expert 'Unqualified'
Google asked a Virginia federal judge to block key U.S. Department of Justice evidence from the upcoming trial in which the government will seek the breakup of the company's advertising placement technology business, arguing its internal analysis on the feasibility of a breakup is protected.
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September 02, 2025
Nearly Deported Minors Back In HHS Care, Feds Report
All 76 unaccompanied children whom the Trump administration tried to deport to Guatemala over the weekend are back in the custody of the federal agency that oversees their care after a federal judge halted their removal, the government said.
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September 02, 2025
Ga. Superior Court Clerk Suspended After Indictment
A Georgia superior court clerk has been suspended after her indictment on charges of destroying public records and violating her oath of office, according to an executive order signed by Gov. Brian Kemp.
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September 02, 2025
House Approves Bill To Trim Undersea Cable Gear Access
The U.S. House of Representatives voted Tuesday to make it tougher for China and other foreign adversaries to obtain equipment needed to expand their undersea telecommunications networks.
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September 02, 2025
Feds' Immigration Policy 'Fundamentally Unfair,' Judge Says
A Michigan federal judge ruled that the detention of a longtime Detroit resident by Immigration and Customs Enforcement without a bond hearing violates his due process rights, ordering his immediate release or a hearing by the end of the week and calling the government's recent directive to detain all noncitizens "wrong."
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September 02, 2025
Freddie Mac Beats Investor Suit Over Subprime Exposure
An Ohio federal judge has tossed a nearly two-decade-old lawsuit accusing Freddie Mac of failing to warn investors about its exposure to the flagging subprime market, ruling that the lawsuit hadn't identified any material misleading statements made by the company in the lead-up to the housing crisis.
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September 02, 2025
Littler Report: Wage Rule Limbo, DEI Reversal, NLRB Shakeup
Federal government efforts to end diversity, equity and inclusion programs; states’ industry-specific wage hikes that have reached new heights and a National Labor Relations Board that is stuck without a quorum are employment law trends to watch, Littler Mendelson PC’s Workplace Policy Institute said in an annual report. Here, Law360 explores the report’s findings.
Expert Analysis
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Trump Tax Law's Most Consequential International Changes
The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How 6th Circ. Ruling Deepens Split On Broker Liability
A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.
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How The Genius Act May Aid In Fight Against 'Pig Butchering'
​​​​​​​The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Opinion
Congressional Bid Protest Concerns Lack Evidence
The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Adapting To USPTO's Tighter Inter Partes Review Rules
The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.
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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.