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Public Policy
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September 17, 2025
Retired Judges Speak Out On 'Threats' To Constitution
More than 40 retired federal judges appointed by presidents of both parties released an open letter Wednesday, the anniversary of the signing of the Constitution, saying they sought to underscore the importance of the rule of law at a time when the nation's ideals "are under historic strain."
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September 16, 2025
Calif. Gov. Taps Consultancy Exec For Privacy Agency Board
A business executive and consultant with "extensive leadership experience" in data privacy and corporate governance has been picked to sit on the five-member board that governs the California Privacy Protection Agency, the regulator said Monday.
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September 16, 2025
Dr.'s COVID Falsehoods Are Free Speech, Wash. Panel Says
A Washington state appeals court unanimously ruled Tuesday that the Washington Medical Commission overstepped its authority by punishing a doctor for COVID-19 falsehoods he published to his blog, but affirmed the commission's decision to discipline him for prescribing ivermectin to COVID-19 patients.
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September 16, 2025
Okla. Town Looks To Toss Tribe's Casino Utility Dispute
Hinton, Oklahoma, is looking to toss a lawsuit by the Delaware Nation claiming the town illegally threatened to cut off municipal utility services to a tribal casino after an agreement expired, telling a federal court Tuesday that it doesn't have jurisdiction because the controversy is local.
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September 16, 2025
'It's Confidential': Judiciary Chair Mum On Court System Strife
The federal judiciary's leaders heard sharp criticism at a private meeting Tuesday regarding the U.S. Supreme Court's increasing willingness to block lower court decisions, according to remarks released publicly, and one of those leaders subsequently deflected requests for details during an official briefing.
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September 16, 2025
DOJ Fights Court Order To Reinstate NCUA Board Members
The Trump administration has told the D.C. Circuit that the president had the right to remove two National Credit Union Administration board members at will, and that a lower court was wrong to reinstate them and read extra job protections into the law.
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September 16, 2025
NC Justices Hear Clash Over Property Compensation Suits
Landowners' cases challenging their payouts for seized property threaten to upend North Carolina's jurisprudence, bury it in litigation and overly inflate damages owed if lower courts' rulings are left undisturbed, the state's Supreme Court was told Tuesday.
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September 16, 2025
Strip Club Execs Accused Of Bribing Auditor With Lap Dances
Executives of strip club operator RCI Hospitality Holdings Inc. bribed a tax auditor for more than a decade to avoid paying $8 million in New York City sales taxes, providing him free trips to Florida strip clubs and expensive lap dances, the state of New York alleged Tuesday.
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September 16, 2025
Texas Judge Denies TRO To Stop City Raids On Hemp Shop
A Texas city doesn't have to return $400,000 in cannabis products it took from a smoke shop during a raid that the retailers claim leaned on faulty THC testing and false information, a federal judge ruled Wednesday, saying it is inappropriate for him to intervene in an ongoing state court criminal case.
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September 16, 2025
Ky. Judge Backs Fed's Debit-Fee Cap In Split With ND Ruling
A Kentucky federal judge on Monday upheld a Federal Reserve Board cap on debit-card swipe fees that a local merchant challenged as overly generous to banks, breaking with a North Dakota federal court that recently rejected the same regulation.
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September 16, 2025
Conn. Bars Masked Agents, Warrantless Arrests In Its Courts
State and federal law enforcement officers are barred from wearing face masks or making warrantless arrests in Connecticut state courts under a policy that took effect Tuesday.
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September 16, 2025
Texas AG Says Glass Lewis Misled Investors With ESG Advice
The Texas Office of the Attorney General launched an investigation into Glass Lewis & Co. and Institutional Shareholder Services Inc., claiming Tuesday the proxy advisory firms misled public companies and institutional investors to push for left-wing social causes.
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September 16, 2025
Mich. Judge Mulls Legislative Purpose Of Ballpark Earmarks
A Michigan judge deciding whether to halt the disbursement of state budget funds earmarked for two minor league baseball stadiums said Tuesday he was hung up on how to determine if the spending was intended for a local or general purpose.
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September 16, 2025
Coinbase Asks DOJ To Push For Preemption In Crypto Bills
Crypto exchange Coinbase has asked the U.S. Department of Justice to advocate for limiting states' authority to regulate the digital asset space in pending crypto market structure legislation, as Coinbase itself continues to battle state actions and navigate disparate licensure regimes.
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September 16, 2025
FTC Ends Director Overlap In Healthcare Space
The Federal Trade Commission said three members of Sevita Health's board of directors resigned after enforcers flagged an overlap with the board of a competing provider of specialty healthcare for people with intellectual and developmental disabilities.
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September 16, 2025
NC Tells 4th Circ. New E-Cig Regs Fit With Federal Law
The state of North Carolina is asking the Fourth Circuit to shut down a bid by vaping interests to block a new law giving state tax officials the ability to fine companies for selling vapes not authorized by federal regulators, saying the authority to do so is preserved by the Family Smoking Prevention and Tobacco Control Act.
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September 16, 2025
White House Fights Seattle's Bid To Block DEI Grant Rules
The Trump administration on Tuesday called on a Washington federal judge to let it proceed with federal grant conditions forcing recipients to drop efforts related to diversity and "gender ideology," contending that Seattle is challenging the terms based on mere speculation that the city may one day be targeted for "hypothetical noncompliance."
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September 16, 2025
DOE Asks Judge To Pull Plug On States' Cost Cap Suit
The U.S. Department of Energy has asked an Oregon federal judge to toss a New York-led lawsuit challenging a new policy that would cap certain overhead costs under energy assistance awards, arguing the change falls within its discretionary authorities.
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September 16, 2025
Trump Admin Says Judge Can't Protect Agency Union Pacts
If six federal agencies accept President Donald Trump's invitation to cancel their union contracts, a D.C. federal judge cannot intervene, the Trump administration has argued, claiming that the unions must bring their fight to protect the contracts to a federal labor-management relations agency, not a judge.
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September 16, 2025
Ex-Officials Say Harvard Visa Ban Will Hurt US Security
Twenty-one former senior national security officials urged the First Circuit on Monday to uphold an injunction letting Harvard enroll international students on F-1 visas, saying the administration's attempt to bar the university from doing so is retaliatory and will drive foreign talent away.
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September 16, 2025
'Incurably Premature': Suit Over Alleged EB-5 Rule Tossed
A Seattle federal judge on Monday tossed an immigrant investor's lawsuit challenging an allegedly arbitrary action that resulted in U.S. Citizenship and Immigration Services revoking her visa petition, saying she could not sue since she did not first exhaust administrative remedies.
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September 16, 2025
Federal Court Reporter Beats Transcript Omission Claim
A court reporter for an Illinois federal judge Tuesday defeated a lawsuit brought by a pro se plaintiff alleging she failed to transcribe part of a hearing and left out statements that would be damaging to the judge in an underlying employment dispute.
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September 16, 2025
FCC Tells 1st Circ. It Will Revamp Prison Phone Caps In Oct.
The First Circuit has declined to hold off a court challenge to the Federal Communications Commission's recently adopted prison phone rate caps despite the agency saying it plans to rework the rules in October.
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September 16, 2025
DC Circ. Urged To Rehear EPA's HFC Market Allocation Case
A Georgia refrigerants company is asking for another shot to challenge the U.S. Environmental Protection Agency's implementation of a 2020 law mandating an 85% reduction in hydrofluorocarbon consumption by 2036, requesting an en banc rehearing from the D.C. Circuit after a panel unanimously rejected its challenge last month.
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September 16, 2025
Tax-Exempt Hospitals Face Financial Duress, Panel Hears
The nation's nonprofit hospitals are under growing financial stress due to cutbacks in federal funding, an aging population and unnecessary spending on programs unrelated to providing healthcare to their communities, industry experts told lawmakers Tuesday at a congressional hearing.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Considerations For Cos. Amid Wave Of CFPB Vacatur Bids
As some entities look to vacate prior voluntary agreements with the Consumer Financial Protection Bureau, there are several considerations companies should take into account before seeking to vacate their settlements in the current legal and regulatory environment, says Jasmine Jean-Louis at Goodwin.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Reports Of Chemical Safety Board's Demise Are Premature
Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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Ruling On Labor Peace Law Marks Shift For Cannabis Cos.
Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.
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Deference Ruling Could Close The FAR Loophole
A recent U.S. Court of Federal Claims decision may close a loophole in the Federal Acquisition Regulation that allows agencies to circumvent the Trade Agreements Act, significantly affecting federal pharmaceutical procurements and increasing protests related to certain Buy American Act waivers, say attorneys at Polsinelli.
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Senate Bill Could Overhaul Digital Asset Market Structure
The Senate Banking Committee's draft Responsible Financial Innovation Act would not only clarify the roles and responsibilities of financial institutions engaging in digital asset activities but also impose new compliance regimes, reporting requirements and risk management protocols, say attorneys at Troutman.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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A Look At 2 Reinvigorated DOL Compliance Programs
As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.
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Opinion
Congress Must Resolve PSLRA Issue For Section 11 Litigants
By establishing a uniform judgment reduction credit for all defendants in cases involving Section 11 of the Securities Act, Congress could remove unnecessary statutory ambiguity from the Private Securities Litigation Reform Act and enable litigants to price potential settlements with greater certainty, say attorneys at Sidley.
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Stablecoin Committee Promotes Uniformity But May Fall Short
While the Genius Act's establishment of the Stablecoin Certification Review Committee will provide private stablecoin issuers with more consistent standards, fragmentation remains due to the disparate regulatory approaches taken by different states, say attorneys at Morgan Lewis.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Parsing Trump Admin's First 6 Months Of SEC Enforcement
The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.