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Public Policy

  • September 09, 2025

    Why SEC, CFTC Crypto Rules 'Sprint' Could Be A Marathon

    The White House-backed push to entice the crypto industry's return to the U.S. with clearer rules is off to a quick start, but experts say the process could drag on longer than anticipated as regulators navigate competing interests of embracing the evolving digital assets market and protecting consumers.

  • September 09, 2025

    NY AG James Hires Munger Tolles For Federal Probes

    New York Attorney General Letitia James recently retained top attorneys at Munger Tolles & Olson LLP amid ongoing federal investigations related to her office's past cases against the Trump Organization and the National Rifle Association.

  • September 09, 2025

    Feds, State Push Fla. Justices To Reject Bondi Ethics Probe

    The federal government and the state of Florida both threw their support behind the Florida Bar and its decision not to investigate U.S. Attorney General Pam Bondi for alleged unethical conduct, calling a Sunshine State lawyer's attempt to force an investigation "lawfare."

  • September 09, 2025

    2nd Circ. Allows NY AG To Curb Nonprofit's Debtor Coaching

    The Second Circuit vacated a lower court order that prevented New York Attorney General Letitia James from stopping a bankruptcy education nonprofit from advising low-income debtors Tuesday, saying that while the state's unauthorized practice of law statutes regulate speech, they are content neutral and should be reviewed under intermediate scrutiny.

  • September 09, 2025

    Ex-Copyright Chief Wants Firing Declared Invalid

    The former head of the U.S. Copyright Office who was fired by President Donald Trump has asked a D.C. federal court to declare that firing invalid, saying it was an attempt by the administration to "seize control of the Library of Congress and the U.S. Copyright Office."

  • September 09, 2025

    Mich. Judge Throws Out Charges For Fake Trump 'Electors'

    A Michigan judge on Tuesday dismissed all criminal charges against Republicans accused of acting as fake electors for President Donald Trump in the 2020 election, finding that prosecutors failed to show criminal intent.

  • September 09, 2025

    Ex-CFTC Atty Presses Religious Bias Claim At 2nd Circ.

    A former Commodity Futures Trading Commission lawyer urged an inquisitive panel of the Second Circuit Tuesday to revive the religious discrimination claims he brought alleging a "gag order" effectively banned him from praying with a friend who was serving as the agency watchdog at the time.

  • September 09, 2025

    Tribes, Enviro Orgs. Urge 9th Circ. To Halt Oak Flat Land Swap

    The U.S. and a copper mining company can't defend a federal law authorizing a land exchange in Arizona's Tonto National Forest, conservation groups and an Apache tribe told the Ninth Circuit on Monday, arguing that requirements for mining the site are unmet due to an inadequate final environmental impact statement.

  • September 09, 2025

    VC Firm's Top Atty Rejoins Skadden To Lead Tech Policy Team

    The former chief legal and policy officer at California-based Sequoia Capital is returning to Skadden Arps Slate Meagher & Flom LLP to lead the firm's tech policy practice, advising clients on related regulation and enforcement matters, the firm announced Tuesday.

  • September 09, 2025

    NY Pot Regulator Says Lawmakers Must Fix Proximity Issue

    The head of New York's cannabis regulatory agency said Tuesday that only the state Legislature could cure a recent destabilizing shift in regulatory interpretation that threatens to upend more than a hundred marijuana businesses.

  • September 09, 2025

    Colorado Justices Uphold Rejection Of City's Telecom Tax

    Tax ordinances in a Colorado city aimed at telecommunications providers, including a T-Mobile subsidiary, established new taxes without voter approval in violation of the state's Taxpayer Bill of Rights, the state Supreme Court ruled.

  • September 09, 2025

    4 Possible Factors In Nadine Menendez's Bribery Sentence

    The New York federal judge tasked with sentencing Nadine Menendez in the high-profile public corruption case that also ensnared her husband, a once entrenched New Jersey politician, will weigh a higher number of mitigating factors than in the usual criminal case, leaving her ultimate penalty a question mark to legal observers.

  • September 09, 2025

    Court Urged To Deny Bid To Block Captive Reporting Rules

    A Texas federal court should deny an injunction to a Texas plastics company seeking to stop the IRS from flagging microcaptive insurance plans as potentially abusive tax avoidance schemes, the U.S. argued, saying the public could lose millions of tax dollars on illegitimate transactions.

  • September 09, 2025

    DOJ, FTC Urged To Probe Drugmakers' Rebate Models

    The American Hospital Association asked the Trump administration to investigate whether major pharmaceutical companies violated antitrust laws as they push out new rebate models for a program that offers discounted drugs to healthcare providers serving low-income patients.

  • September 09, 2025

    States Urge Justices To Quickly Rule Against Trump's Tariffs

    The U.S. Supreme Court should quickly consider the appeal of the Federal Circuit's ruling that President Donald Trump's emergency tariffs are unlawful and affirm that the International Emergency Economic Powers Act doesn't provide the authority to impose duties, the states challenging the measures told the justices this week.

  • September 09, 2025

    Approach The Bench: Judge Shannon Discusses Bankruptcy

    Bankruptcy might seem like a technical and obscure practice area, but not to U.S. Bankruptcy Judge Brendan Shannon.

  • September 09, 2025

    Pentagon Finalizes Cybersecurity Rule For Contractors

    The U.S. Department of Defense released its long-anticipated final rule on Tuesday detailing how the agency will incorporate its Cybersecurity Maturity Model Certification program, aimed at boosting cybersecurity standards across the defense industrial base, into defense contracts.

  • September 08, 2025

    NY Supreme Court Says ICE Office At Rikers Order Is Illegal

    A New York state court on Monday ruled that an executive order of New York City Mayor Eric Adams' administration that allowed for a U.S. Immigration and Customs Enforcement office at Rikers Island is "illegal," pointing to Adams' escape of federal corruption charges days ahead of the order being issued.

  • September 08, 2025

    Split Colo. Justices Back DA's Disbarment Over Judge Probe

    The Colorado Supreme Court on Monday ruled to uphold a disciplinary board's disbarment of former 11th Judicial District Attorney Linda Stanley in a split 4-2 decision that found the issue of whether the presiding disciplinary judge should have recused himself a "close call."

  • September 08, 2025

    SoCal City, Pot Biz Won't Settle $220K Fee Suit

    The contract dispute between a Southern California municipality and a cannabis distributor over a failed deal to transport cannabis in the city and an unpaid $220,000 permit fee remains ongoing, after both sides told a California state court that settlement talks were unsuccessful.

  • September 08, 2025

    GOP Sens. OK Fla. Judge Who Dems Claim Courted Trump

    Senate Republicans voted on Monday evening to confirm to the Southern District of Florida bench Judge Edward L. Artau, a state appellate judge who ruled in favor of President Donald Trump in a defamation lawsuit when Democrats say he was simultaneously being vetted for the federal judgeship.

  • September 08, 2025

    DC Circ. Mulls Whether To Leave Whistleblower Rewardless

    The D.C. Circuit didn't seem to think it was fair that the SEC refused a million dollar reward to a whistleblower who went to the media first, even though the judges hinted Monday they thought the agency might have been within its rights to do so.

  • September 08, 2025

    Immigration Board's Undoing Of Bond Practice Stuns Attys

    A Board of Immigration Appeals decision to deny bond and require mandatory detention for anyone entering the U.S. unlawfully has stunned immigration attorneys, who say the upending of decades of precedent will leave few options beyond leaving the country.

  • September 08, 2025

    Split 4th Circ. Axes States' Challenge To Trump Admin Layoffs

    A split Fourth Circuit panel held Monday that a coalition of states doesn't have standing to sue the Trump administration over the mass firing of thousands of probationary government employees, finding that it was the employees — not the states — who "suffered the brunt of the harm" underlying the case.

  • September 08, 2025

    3rd Circ.'s Grid-Planning Ruling Will Coax States To Play Ball

    A Third Circuit decision limiting states' ability to block transmission projects already greenlighted by regional grid operators could make a federal overhaul of transmission planning policies more appealing, even as several states and utilities pursue litigation to block the changes.

Expert Analysis

  • How To Increase 3rd-Party Preissuance Patent Submissions

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    Attorneys Marian Underweiser and Marc Ehrlich, who helped draft the America Invents Act, discuss changes that the U.S. Patent and Trademark Office could potentially implement to facilitate its hopes for increased participation in front-end patent challenges.

  • How Cos. In China Can Tailor Compliance Amid FCPA Shifts

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    The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.

  • 7 Ways Employers Can Avoid Labor Friction Over AI

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    As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.

  • Open Banking Is On Ice As ÃÛÌÒÊÓÆµ Seeks To Toss Its Own Rule

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    Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.

  • SEC, FINRA Obligations In Changing AI Regulatory Landscape

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    Despite the U.S. Securities and Exchange Commission's recent withdrawal of its proposed artificial intelligence conflict rules, financial regulators remain focused on firms developing the correct AI compliance framework, as well as continuously testing and supervising them to ensure they're fit for purpose, say attorneys at Cahill Gordon.

  • Trump Air Emissions Carveouts Cloud The Regulatory Picture

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    President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.

  • Opinion

    DOJ's HPE-Juniper Settlement Will Help US Compete

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    The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.

  • How Property Insurers Serve As Climate Change Harbingers

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    Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • Assessing Impact Of USPTO's New Patent Policies

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    Recent data shows how the U.S. Patent and Trademark Office's new patent policies are affecting America Invents Act trial institution rates, including spurring an uptick in discretionary denials, say attorneys at Armond Wilson.

  • What US Medicine Onshoring Means For Indian Life Sciences

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    Despite the Trump administration's latest moves to onshore essential medicine manufacturing, India will likely remain an indispensable component of the U.S. drug supply chain, but Indian manufacturers should prepare for stricter compliance checks, says Jashaswi Ghosh at Holon Law Partners.

  • APA Relief May Blunt Justices' Universal Injunction Ruling

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    The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.

  • Wells Fargo Suit Shows Consumer Protection Limits In Mass.

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    The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q2

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    Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.

  • Building Better Earnouts In The Current M&A Climate

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    In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.

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