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Public Policy

  • October 07, 2025

    Wash. Spam Email Law Is Unconstitutional, Retailers Say

    Beauty retail giant Ulta and home improvement retailer Home Depot argued last week in separate cases that Washington state's Commercial Electronic Mail Act is unconstitutional and preempted by federal law as they seek to shed proposed consumer class actions claiming their promotional emails were misleading.

  • October 07, 2025

    Attys Urge Mass. Courts To Protect Immigrants' Court Access

    Civil rights lawyers urged the Massachusetts trial court system to better protect migrants' due process rights amid increasing arrests by federal immigration officers inside and outside courthouses, saying Tuesday the court is "well within its right" to do so.

  • October 07, 2025

    Ex-Housing Chief's Lawyers Want Out Of Conn. Fraud Suit

    Connecticut-based Spears Manning & Martini LLC has asked a state court to allow the firm to stop representing a former municipal housing authority chief in litigation accusing him of fraud and financial misconduct, pointing to a "breakdown in the attorney-client relationship."

  • October 07, 2025

    Ex-Prisoners Push Back On Bid To Decertify Debit Card Class

    Former prisoners accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards have pushed back on the bank's effort to undo their certified class, arguing they were subject to a "uniform pattern of conduct" that forced them to accept the cards.

  • October 07, 2025

    Cabinetry Co. Refiles $3.6B Merger To Give FTC More Time

    Kitchen cabinet and vanity manufacturer American Woodmark Corp. has withdrawn and refiled its intent to merge with MasterBrand in a $3.6 billion deal in order to give the Federal Trade Commission more time to scrutinize the deal for competition concerns.

  • October 07, 2025

    Goldstein's $968K Border Cash Claim To Be Admitted At Trial

    A Maryland federal jury will hear claims from prosecutors that SCOTUSblog publisher Tom Goldstein told Dulles International Airport border guards that the $968,000 in cash he brought into the country in 2018 had been gambling winnings, after a judge shot down his efforts to suppress his alleged statements Tuesday.

  • October 07, 2025

    3rd Circ. Says State Lawmakers Mostly Immune From TCPA

    State legislators in certain instances can make robocalls if they want, the Third Circuit has declared after finding that the Telephone Consumer Protection Act's ban on automated and prerecorded texts and calls without consent doesn't apply to them.

  • October 07, 2025

    Ex-Conn. Official Says Contractor Was The One Seeking Cash

    The first witness in a federal corruption case against former Connecticut budget official Kosta Diamantis is a repeat liar who misled his own masonry company's president into advancing his personal year-end bonus, which he used to leverage family connections and seek the government's favor, Diamantis' attorney suggested Tuesday during cross-examination.

  • October 07, 2025

    Hemp Retailer Sues Ohio Police Department Over Seizure

    An Ohio police department seized more than half a million dollars' worth of hemp using a bad search warrant claiming that the hemp, which is legal, was marijuana, the hemp retailer told a federal court Monday.

  • October 07, 2025

    Puerto Rico Utility Bondholders Pull Out Of Reorg Deal

    A group of Puerto Rico Electric Power Authority bondholders Tuesday informed a bankruptcy judge that they were following through on a promise to exit a restructuring agreement and join other bondholders in supporting an alternative bankruptcy plan for PREPA.

  • October 07, 2025

    1st Circ. Left In Limbo Over FCC's Prison Phone Rate Caps

    First Circuit judges Tuesday questioned the Federal Communications Commission's turnabout in defense of its Biden-era prison phone rate caps and were unsure how to construct a legal ruling with the FCC poised to vote on a policy makeover within weeks.

  • October 07, 2025

    DC, 18 States Back Campaign Spending Caps At High Court

    The District of Columbia and 18 states urged the U.S. Supreme Court on Monday not to lift caps on the amount political parties may spend in coordination with candidates for federal office, saying state-level campaign finance regulations could be destabilized.

  • October 07, 2025

    Quiet Down! Calif. Law Targets Loud Streaming Platform Ads

    California enacted a new law Monday requiring video streaming services such as Netflix and Hulu to curb the volume on television commercials, making it the first state to issue regulations on commercial noise for streaming services. 

  • October 07, 2025

    FAA Drone Rule Draws Over 1M Comments As Public Weighs In

    Complex safety certification, technological and other security requirements are among the issues that U.S. regulators must still iron out before a long-awaited new rule allowing drones to fly beyond the sight line of their operators can truly take off, according to drone companies, aviation and other industry groups.

  • October 07, 2025

    Drug Tax Outdoes Biblical Punishment, 5th Circ. Judge Says

    A Fifth Circuit panel pressed the U.S. Department of Health and Human Services to justify the basis for the Medicare drug pricing program's steep excise tax, asking Tuesday whether the government had ever levied a higher tax in the nation's history.

  • October 07, 2025

    9th Circ. Rejects 'Kitchen Sink' Challenge To Vaccine Mandate

    A Ninth Circuit panel on Monday upheld a lower court's rejection of a lawsuit brought by dozens of former employees of a nonprofit healthcare system who claimed Washington state's requirement that healthcare workers be vaccinated against COVID-19 violated their statutory and constitutional rights.

  • October 07, 2025

    Colo. Panel Weighs School's Liability In 2019 Shooting

    Colorado appellate judges on Tuesday asked attorneys representing the parents of a student who was killed during a school shooting and the school itself how to interpret a state law that allows schools to be held liable for school shootings.

  • October 07, 2025

    AGs Rip DOJ Bid To Pause Planned Parenthood Funding Suit

    The U.S. Department of Justice wants to use the ongoing government shutdown as a "shield" to stop a group of states from seeking an injunction against a halt to Medicaid funding for Planned Parenthood, the states told a Massachusetts federal judge in opposing a possible pause on their lawsuit.

  • October 07, 2025

    Camp Lejeune Litigation Goes On Despite Gov't Shutdown

    The consolidated litigation over water contamination at the Camp Lejeune military base will not pause during the federal government shutdown, a North Carolina federal judge ruled, saying that such a halt, for an unknown length, would cause "severe disruptions" in the case and for the "ailing and older" plaintiffs.

  • October 07, 2025

    Senate Confirms 2 DOJ Nominees, 16 US Attys

    The U.S. Senate voted 51-47 Tuesday, along party lines, to confirm a slew of nominees for the U.S. Department of Justice.

  • October 07, 2025

    Lawmakers, States Back Tribes In Supreme Court Voting Case

    A bipartisan group of 10 current and former members of Congress and 22 states have supported two North Dakota tribes in their U.S. Supreme Court bid to overturn an Eighth Circuit order that prohibits suits against states for violating Section 2 of the Voting Rights Act.

  • October 07, 2025

    EMS Workers Tell 4th Circ. NC County Owes Them Wages

    Emergency medical services workers argued that a North Carolina county created a "mathematical impossibility" when it calculated their wages, urging the Fourth Circuit to flip a federal court's ruling that the county didn't owe them anything despite having violated federal law.

  • October 07, 2025

    Senate Confirms FERC Republican Nominees

    The U.S. Senate on Tuesday confirmed President Donald Trump's picks to fill Republican slots on the Federal Energy Regulatory Commission, giving the GOP a 3-2 majority at the agency.

  • October 07, 2025

    Okla. Judge Cites McGirt Ruling For 200% Caseload Surge

    An Oklahoma federal judge chided a group of tribal plaintiffs in a dispute over jurisdiction in Indian Country after they inquired about the status of their summary judgment motions, saying a landmark 2020 Supreme Court ruling has increased the court's criminal caseload by 200%.

  • October 07, 2025

    Apple Seeks To Toss IPhone, Watch Buyers' Antitrust Suits

    Apple has asked a New Jersey federal court to toss multidistrict antitrust litigation brought by iPhone and Apple Watch buyers, arguing that while they "try in vain to invent" theories about how Apple charges monopoly prices the inflation-adjusted price of the latest iPhone is nearly the same as the first model.

Expert Analysis

  • Compliance Pointers Amid Domestic Terrorism Clampdown

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    A recent presidential memorandum marks a shift in federal domestic-terrorism enforcement that should prompt nonprofits to enhance diligence related to grantees, vendors and events, and financial institutions to shore up their internal resources for increased suspicious-activity monitoring and reporting obligations, say attorneys at Morgan Lewis.

  • Trump Tax Law Has Mixed Impacts On Commercial Real Estate

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    The One Big Beautiful Bill Act brings sweeping changes to the real estate industry — and while the permanency of opportunity zones and bonus depreciation creates predictability for some taxpayers, sunsetting incentives for renewable energy projects will leave others with hard choices, says Jordan Metzger at Cole Schotz.

  • CFTC, SEC Joint Statement Highlights New Unity On Crypto

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    The U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission's recent joint statement announcing a cross-agency initiative enabling certain spot crypto-asset products to trade on regulated exchanges is the earliest and most visible instance of interagency cooperation on crypto regulation, say attorneys at Morgan Lewis.

  • Regulatory Uncertainties Loom As Fed Ends Crypto Oversight

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    The Federal Reserve Bank's recently ended crypto supervisory program headlines other recent federal actions from Congress, the White House and relevant agencies that may complicate financial institutions' digital-asset use and attendant compliance strategies, say attorneys at Buchalter.

  • What The New Nondomiciled-Trucker Rule Means For Carriers

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    A new Federal Motor Carrier Safety Administration interim final rule restricting states' issuance of commercial drivers licenses to nondomiciled drivers does not alter motor carriers' obligations to verify drivers' qualifications, but may create disruptions by reducing the number of eligible drivers, say attorneys at Benesch.

  • EU-US Data Transfer Ruling Offers Reassurance To Cos.

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    The European Union General Court’s recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.

  • Opinion

    SEC Arbitration Shift Is At Odds With Fraud Deterrence

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    The U.S. Securities and Exchange Commission's recent statement allowing the use of mandatory arbitration by new publicly traded companies could result in higher legal costs, while removing the powerful deterrent impact of public lawsuits that have helped make the U.S. securities markets a model of transparency and fairness, say attorneys at Labaton Keller.

  • Drug Ad Crackdown Demonstrates Admin's Aggressive Stance

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    Recent actions by the U.S. Food and Drug Administration and U.S. Department of Health and Human Services targeting pharmaceutical companies' allegedly deceptive advertising practices signal an active — potentially even punitive — intent to regulate direct-to-consumer advertising out of existence, say attorneys at King & Spalding.

  • Protecting Sensitive Court Filings After Recent Cyber Breach

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    In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.

  • DOJ Chemical Seizure Shows Broad Civil Forfeiture Authority

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    The U.S. Department of Justice’s recent seizure of meth precursor chemicals en route from China to Mexico illustrates the U.S. government's powerful jurisdictional reach to seek forfeiture of cartel-related assets, and company compliance programs must take note, say attorneys at White & Case.

  • DOJ Settlement Offers Guide To Avoiding Key Antitrust Risks

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    The U.S. Justice Department's settlement with Greystar Management shows why parties looking to acquire companies that use pricing recommendation software should carefully examine whether the software algorithm and how it is used in the market create antitrust dangers, say attorneys at Fried Frank.

  • Unleashing LNG And Oil Exports With The Deepwater Port Act

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    The U.S. Department of Transportation and its Maritime Administration are now poised to use the streamlined licensing process of an existing statutory framework — the Deepwater Port Act — to approve proposed offshore terminals for exporting oil and liquefied natural gas, thus advancing the Trump administration's energy agenda, says Joanne Rotondi at Hogan Lovells.

  • Minimizing AI Bias Risks Amid New Calif. Workplace Rules

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    In light of California implementing new regulations to protect job applicants and employees from discrimination linked to artificial intelligence tools, employers should take proactive steps to ensure compliance, both to minimize the risk of discrimination and to avoid liability, says Alexa Foley at Gordon Rees.

  • Series

    NC Banking Brief: All The Notable Legal Updates In Q3

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    There were several impactful changes to the financial services landscape in North Carolina in the third quarter of the year, including statutory updates, enforcement developments from Office of the Commissioner of Banks, and notable mergers, acquisitions and branch expansions, say attorneys at Moore & Van Allen.

  • Wash. Ruling Raises Pay Transparency Litigation Risk

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    Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.

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