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Public Policy
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September 30, 2025
Mass. Judge Issues Stinging Rebuke Of Protester Removals
A Massachusetts federal judge ruled Tuesday that the Trump administration's policy of arresting, detaining and trying to deport foreign students for Palestinian advocacy violates the First Amendment, which the judge said protects the free speech of noncitizens and citizens alike.
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September 30, 2025
HHS Moves To Suspend Harvard From Funding
The civil rights office at the U.S. Department of Health and Human Services is moving to cut off Harvard University from future funding, a maneuver legal experts say could stymie healthcare and biomedical research.
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September 30, 2025
Senate Bill Would Allow Claims Against AI Cos.
A pair of senators unveiled a bill Tuesday that would classify artificial intelligence technologies as products under the law to allow consumers to sue if an AI product causes harm, an issue testing the courts as litigation targets AI-fueled chatbots.
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September 30, 2025
FCC Aims To Remove Broadband Deployment Barriers
The Federal Communications Commission took a pair of actions Tuesday aimed at speeding up the deployment of broadband infrastructure by reducing regulatory hurdles.
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September 30, 2025
TPS Advocates Urge Justices Not To Disturb Lower Court Win
An immigration advocacy organization has urged the U.S. Supreme Court not to halt a district court ruling that found unlawful the Trump administration's attempt to unwind temporary deportation protections for Venezuelans, saying the government had no basis for such emergency relief.
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September 30, 2025
Judge Ends Challenge To Mich. Abortion Rights Amendment
A federal judge tossed a challenge to Michigan's voter-approved constitutional right to an abortion on Tuesday because abortion opponents had not shown they were personally harmed by the amendment.
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September 30, 2025
Senate Bills Look To Return 2,000 Acres To California Tribes
A pair of U.S. senators have introduced a trio of bills that will transfer 2,000 acres of land to three California tribes that the lawmakers say will bring more housing and protections for Indigenous spiritual connections associated with the properties.Â
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September 30, 2025
Low-Cost Airlines Push Congress For More Gate Access
Leaders from low-cost airlines and an anti-monopoly nonprofit told lawmakers on Tuesday that lack of gate access for the airlines harms competition.
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September 30, 2025
PFAS Testing Concerns End Coca-Cola Class Action
A New York federal judge has dismissed a proposed class action against Coca-Cola's Simply Orange Juice Co. subsidiary alleging its juices were falsely marketed as all-natural when they actually contain PFAS, saying that the plaintiff didn't show that the juices tested were the same as the ones he bought.
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September 30, 2025
College Athlete Advocates Join Supporters Of Senate NIL Bill
A day after three Democratic U.S. senators introduced a bill promising more protections for college athletes — including women, athletes in smaller sports and those at smaller institutions — under the new revenue-sharing rules, the proposal on Tuesday drew praise from advocates for athletes and labor, including an official from the AFL-CIO.
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September 30, 2025
FCC Embarks On Four-Year Media Ownership Review
The Federal Communications Commission pushed ahead Tuesday with a proposal to ease restrictions on how many TV or radio stations a single broadcaster can control in a market.
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September 30, 2025
DC Circ. Backs FERC Approval Of Tenn. Pipeline
The D.C. Circuit on Tuesday used a recent landmark U.S. Supreme Court decision curtailing federal environmental reviews to reject a challenge to the Federal Energy Regulatory Commission's approval of a Tennessee pipeline project.
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September 30, 2025
Justices Could Enable IEEPA Taxes On Any Trade, Experts Say
If the U.S. Supreme Court decides that a president's power to regulate imports and exports under the International Emergency Economic Powers Act encompasses tariffs, a president could tax services, investments and intellectual property flowing into or out of the country, trade experts said Tuesday.
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September 30, 2025
Wis. Legislators Trying Again To Legalize Medical Cannabis
Republican state lawmakers in Wisconsin have introduced a bill to legalize smokeless cannabis products for medical use, more than a year and a half after a similar proposal died.
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September 30, 2025
NPR Fights CPB's $30M Grant Shift In Court
A federal judge got assurances from Corporation for Public Broadcasting lawyers Tuesday that it won't commit $30 million to a new National Public Radio alternative for managing the public radio satellite system for at least the next month as he considers a motion from NPR for an injunction blocking the move indefinitely.
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September 30, 2025
SEC Approves Cost Cuts For Consolidated Audit Trail
The U.S. Securities and Exchange Commission on Tuesday approved a plan that it says could save at least $20 million a year by adopting new data retention standards for a key market surveillance tool, with the agency's chair promising to cut the "ballooning" costs of the market tool even further in the coming months and years.
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September 30, 2025
Hospital Urges Justices To Review 7th Circ. Medicaid Ruling
A Chicago hospital urged the U.S. Supreme Court to take up its petition for review of a Seventh Circuit ruling that had shut down its suit against the state of Illinois seeking enforcement of timely Medicaid payments, saying it's an "excellent opportunity" to address "resulting uncertainties" after a recent ruling against Planned Parenthood.
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September 30, 2025
Judge Recommends Tribal Win, Talks In NY Thruway Row
A U.S. magistrate judge is recommending a summary judgment win and negotiations for the Seneca Nation and New York officials in an ongoing dispute over a portion of a thruway that runs through the tribe's reservation, saying the state obtained a 1954 easement for the superhighway in violation of federal law.
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September 30, 2025
NJ County Says State Police Allowed Mall To Sell On Sundays
Bergen County, New Jersey, is arguing that the New Jersey State Police have ignored illegal retail sales on Sundays at the American Dream mall in East Rutherford despite maintaining a headquarters at the site, in a response to a local government's lawsuit over the practice.
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September 30, 2025
IRS Defines Rural Areas For Opportunity Zone Tax Breaks
The Internal Revenue Service published the definitions Tuesday for rural areas that qualify for the federal opportunity zone program's rural zone expansion under the Republican budget bill signed into law this summer.
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September 30, 2025
FTC Accuses Zillow, Redfin Of Stifling Rental Ad Competition
The Federal Trade Commission filed a lawsuit in Virginia federal court on Tuesday accusing Zillow of paying Redfin more than $100 million to stop competing for the sale of rental housing advertisements on their listing services.
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September 30, 2025
Feds Insist They Can Block Michigan AG's Climate Suit
The Trump administration told a federal court its bid to stop Michigan from filing an anticipated climate change lawsuit is not premature, as the state's attorney general has not backed down from her litigation plans.
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September 30, 2025
GOP Sens. Push OMB To Release Federal Watchdog Funds
The top Republicans on the Senate Appropriations and Judiciary committees are trying to prevent the White House from effectively shuttering the independent agency for federal watchdogs.
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September 30, 2025
Defamation Litigation Roundup: Trump, Baker McKenzie
In this month's review of defamation fights, Law360 reports the latest updates in President Donald Trump's suits against major news organizations over their reporting on his presidency and relationships, as well as developments in a voting machine company's suit against MyPillow's CEO over election-rigging claims.
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September 30, 2025
Trump Orders Lumber, Furniture Tariffs To Begin Oct. 14
In an executive order signed Monday evening, President Donald Trump outlined a series of tariff rates on imported lumber and derivative products to be imposed in two weeks.
Expert Analysis
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'Solicit' Ruling Offers Proxy Advisers Compliance Relief
The D.C. Circuit recently found that proxy voting advice does not fall under the legal definition of "solicitation," significantly narrowing the U.S. Securities and Exchange Commission's regulatory power over such advisers, offering stability to the proxy advisory industry and providing temporary relief from new compliance burdens, say attorneys at Sheppard Mullin.
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SAM Update May Ease Tricky Timing Technicalities
The Federal Acquisition Regulatory Council's recent rule update, clarifying the System for Award Management's registration requirement, may reduce the number of disqualifications and bid protests resulting from minor lapses, but government contractors should still implement​ procedures t​o ensure early submission​ of registration renewals, say attorneys at Butzel Long.
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Evaluating The SEC's Rising Whistleblower Denial Rate
The rising trend of U.S. Securities and Exchange Commission whistleblower award claim denials represents a departure from the SEC's previous track record and may reflect a more conservative approach to whistleblower award determinations under the current administration, say attorneys at Troutman Pepper.
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State Crypto Regs Diverge As Federal Framework Dawns
Following the Genius Act's passage, states like California, New York and Wyoming are racing to set new standards for crypto governance, creating both opportunity and risk for digital asset firms as innovation flourishes in some jurisdictions while costly friction emerges in others, say attorneys at Sheppard Mullin.
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
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Key Insurance Coverage Considerations For AI Data Centers
The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Unpacking The New Opportunity Zone Tax Incentive Program
The One Big Beautiful Bill Act brought several improvements to the opportunity zone tax incentive program that should boost investments in qualified funds, including making it permanent, increasing federal income tax benefits in rural areas, redesignating the qualified zones, and requiring more in-depth reporting, says Marc Schultz at Snell & Wilmer.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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What New ÃÛÌÒÊÓÆµ Oversight Limits Would Mean For 4 Markets
As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.
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MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't
As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.
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Navigating Brazil's Regulations, Incentives For Green Projects
Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Potential Paths To Modernizing The Bank Secrecy Act
The Bank Secrecy Act's analog design has become increasingly incompatible with today's digital financial ecosystem, but legislative reforms, coupled with regulatory adjustments including updated thresholds, feedback mechanisms and innovation sandboxes, would help adjust the act to the unique challenges of modern technology, says Matthew Biben at King & Spalding.
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Definitions Of 'Waters Of The United States' Ebb And Flow
The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.