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Public Policy

  • September 17, 2025

    PTAB Told Variations From Prior Rulings Require Explanation

    The U.S. Patent and Trademark Office has told Patent Trial and Appeal Board judges that they must now explain any decisions that have a different outcome from an earlier ruling on the same patent or similar patent claims, either by the patent office or in litigation.

  • September 17, 2025

    AM Radio Bill Makes It Through House Committee, Again

    More than two-thirds of the House of Representatives have signed on to co-sponsor a bill that would prevent automakers from removing AM radios from their vehicles, so it came as no surprise when the bill sailed through markup Wednesday afternoon.

  • September 17, 2025

    9th Circ. Judge Hints At Upholding Seattle Housing Ordinance

    A Ninth Circuit judge suggested on Wednesday that a waiver provision written into a Seattle affordable housing policy is enough to "save" the ordinance from a homeowner's constitutional claim that it kept her from realizing her property's full value by adding townhomes.  

  • September 17, 2025

    Judge Rejects Trump Admin's Bid To Shield Climate Group

    A Massachusetts federal judge on Wednesday rejected the Trump administration's assertion that its climate change working group is exempt from a statute governing the transparency of advisory committees, but also denied environmentalists' push to get their hands on the group's records.

  • September 17, 2025

    Crypto Exchange Bullish Gets BitLicense From NY Regulator

    Venture-backed crypto exchange Bullish announced Wednesday that it has obtained a so-called BitLicense from the New York State Department of Financial Services, allowing it to offer crypto spot trading and custody to institutions and sophisticated investors in the state.

  • September 17, 2025

    Del. Judge's US Atty Application Plan Draws Blanche's Ire

    Delaware's chief district judge, a Trump appointee, is seeking applications for the state's U.S. attorney position to prepare for an upcoming vacancy in the interim position, a move that drew the ire of Deputy U.S. Attorney General Todd Blanche on Wednesday.

  • September 17, 2025

    9th Circ. Denies Appeal Of Wash. Anti-Vaxxers' Med Board Suit

    The Ninth Circuit on Wednesday rejected an appeal brought by Robert F. Kennedy Jr. on behalf of anti-vaxxers challenging a Washington state medical board's disciplinary proceedings against doctors who allegedly spread false information about COVID-19.

  • September 17, 2025

    Colo. Judge Certifies U Visa App In GEO Forced Labor Suit

    A Colorado federal judge certified a U visa application for the class representative in a 2014 suit involving forced labor claims against private prison company GEO Group, after he told the court that immigration officials said he could be detained during a check-in this week.

  • September 17, 2025

    Probationer's Speech Not A 'True Threat,' NC Panel Finds

    Statements a probationer made to a friend while stressed out and fearful over going to jail did not constitute a "true threat," so a trial court erred when it found him in violation of his probation, a North Carolina state appeals court panel ruled Wednesday.

  • September 17, 2025

    Boeing, DOJ Say FAA Fines Don't Sway Conspiracy Case

    Boeing and the federal government have told a Texas federal judge that the Federal Aviation Administration's recent proposal to fine Boeing $3.1 million for safety violations shouldn't factor into the 737 Max 8 criminal conspiracy case they're hoping to have wiped from the docket.

  • September 17, 2025

    FCC Told To Take Care When Adding AI To Public Alerts

    As the Federal Communications Commission mulls how to best overhaul its emergency alert rules, one California county is warning the agency to tread carefully when it comes to adopting emerging technologies like artificial intelligence.

  • September 17, 2025

    FDA Says Vape Manufacturer Lying About Marketing Approval

    The U.S. Food and Drug Administration on Tuesday sued manufacturers of flavored vapes in New Jersey federal court to seek an end to their sales, saying that they are falsely representing that their products had received marketing approval.

  • September 17, 2025

    9th Circ. Seems Split On School Principal's Free Speech Suit

    A Ninth Circuit panel appeared split on Wednesday over a Washington state public school employee's claims that he was unfairly punished for a political rant on Facebook, with one judge pushing back on his stance that he was speaking privately while also balking at the district's position that the post was disruptive.

  • September 17, 2025

    Criminal Restitution Fails Defendants, Victims, Report Says

    Federal criminal restitution often fails to benefit victims of crime and throws defendants into a "Sisyphean struggle" with debt, with $100 billion in outstanding restitution deemed uncollectable, according to a report released this week by the National Association of Criminal Defense Lawyers.

  • September 17, 2025

    Media Matters Again Denied Transfer Of X's Nazi Posts Suit

    Media Matters for America must remain in Texas for X Corp.'s defamation lawsuit over a story about ads running alongside Neo-Nazi content, after a federal judge again refused Tuesday to transfer the case to California following a Fifth Circuit decision nixing a previous rejection of transfer.

  • September 17, 2025

    Don Jr.-Backed Patent Co. Hires Nokia Licensing Exec

    SIM IP, the newest venture by high-profile patent monetizer Erich Spangenberg, has brought on Nokia's chief licensing officer to serve as managing director.

  • September 17, 2025

    Tribal Members Tell 9th Circ. Tariff Suit Belongs In Fed. Court

    Counsel for members of the Blackfeet Nation tribe told the Ninth Circuit on Wednesday their suit challenging President Donald Trump's emergency tariffs should stay in federal district courts, where constitutional and congressional claims over tribal commerce must be heard.

  • September 17, 2025

    3rd Circ. Weighs Limits On NJ Medical Aid In Dying Act

    The Third Circuit on Wednesday considered whether a Delaware woman with terminal cancer can challenge New Jersey's residency requirement for medical aid in dying, even though she has yet to be certified as having six months or less to live.

  • September 17, 2025

    Trump Admin Can't Get Suit Challenging Voting Order Tossed

    A Massachusetts federal judge declined Wednesday to dismiss a lawsuit challenging the Trump Administration's executive order requiring physical proof of citizenship to vote and invalidating ballots received after Election Day.

  • September 17, 2025

    8th Circ. Backs Dismissal Of FDIC Fee Guidance Challenge

    The Eighth Circuit on Wednesday rejected a banking industry challenge to Biden-era Federal Deposit Insurance Corp. guidance that cautioned banks about charging recurring fees on declined transactions, ruling the matter not ripe for court review.

  • September 17, 2025

    Texas Judge Slashes Suit Over Anti-Sanctuary Law

    A Texas federal judge gutted a suit by local governments and officials challenging a Texas law prohibiting local officials from limiting cooperation with federal immigration enforcement, tossing claims against the state and Gov. Greg Abbott and leaving Attorney General Ken Paxton as the sole state defendant.

  • September 17, 2025

    Satellites Belong In FCC's Enviro Reviews, Agency Told

    The Federal Communications Commission can't justify excluding potentially luminous satellites from environmental reviews keyed to industries under its jurisdiction, a group fighting light pollution said.

  • September 17, 2025

    House Votes To End DC Judicial Nominations Commission

    The U.S. House of Representatives voted 218-211 along party lines on Wednesday to eliminate the commission that vets and picks potential judicial nominees for Washington, D.C.'s local courts.

  • September 17, 2025

    Charter Can't Dodge Cable Royalties In Texas, 5th Circ. Rules

    Charter Communications cannot avoid paying a 3% royalty for the use of cable permits in three Texas cities' rights of way, regardless of a change in state permitting law, the Fifth Circuit ruled Wednesday.

  • September 17, 2025

    Democrats Push Wealth Tax Targeting Billionaires' Assets

    Billionaires would pay higher taxes on their unrealized gains from property, stocks and other valuable assets under legislation reintroduced Wednesday by Senate Finance Committee ranking member Ron Wyden and other congressional Democrats.

Expert Analysis

  • NY Tax Talk: ALJ Vacancy, Online Sales, Budget

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    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.

  • Series

    Quilting Makes Me A Better Lawyer

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    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.

  • Lessons Learned 3 Years After First CCPA Enforcement Action

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    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.

  • Utility Agency Suits May Rise As Calif. Justices Nix Deference

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    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.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    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.

  • How Tariffs Can Affect Event Studies In Securities Litigation

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    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.

  • A Look At Robinson-Patman Enforcement In The MLM Industry

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    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.

  • A Former PTAB Judge Weighs The End Of Remote Hearings

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    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.

  • How Proposed FAA Rule May Streamline Drone Operations

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    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.

  • What To Expect From 401(k) Plan Alternative Assets Order

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    The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.

  • The Future Of Lab-Test Regs After FDA Rescinds Rule

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    The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.

  • How AI Is Easing Digital Asset Recovery In Fraud Cases

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    In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.

  • Fleeing Or Just Leaving Quickly? 2nd Circ. Says It Depends

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    The Second Circuit’s recent U.S. v. Bardakova decision adopted a new approach for determining whether a defendant who commits a crime in the U.S., and then leaves and remains abroad, intends to avoid prosecution — making it more difficult to argue against the fugitive disentitlement doctrine in most cases, say attorneys at MoloLamken.

  • Sanctions Considerations For Reentering The Syrian Market

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    Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

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