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Public Policy
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September 29, 2025
Fed. Courts To Operate If Shutdown Hits, But Limits Are Possible
If the government shuts down, the federal courts will operate as usual through Friday — after which judicial activities could be limited, depending on the availability of funds.
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September 29, 2025
Trump Admin Opens Lands, Wallets To Boost US Coal
The Trump administration on Monday announced a suite of actions to help boost the U.S. coal industry, including opening up more federal lands to coal leasing and providing compliance relief and federal funding for coal-fired power plants.
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September 29, 2025
Idaho Pushes Back On Effort To Moot Trans Athlete Ban Case
The state of Idaho is pushing back at a plaintiff's bid to stop the U.S. Supreme Court from hearing a case that challenges a state law banning transgender athletes, arguing that the athlete cannot toss a suit that is stayed or "manipulate" the docket to avoid an unfavorable decision.
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September 29, 2025
FTC Tightens Fixes For $13B Omnicom-Interpublic Deal
The Federal Trade Commission is requiring a monitor to oversee Omnicom's compliance with the conditions put on its $13.5 billion deal for Interpublic preventing the marketing giant from working with others to steer advertising away from publishers based on their political viewpoints.
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September 29, 2025
Legal Funder Settles Licensing Row With Conn. Banking Chief
A Connecticut-based litigation funding company will pay up to $50,000 in restitution to its customers and cease all unlicensed small loan activity after entering a consent order with the state's Department of Banking.
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September 29, 2025
BigLaw Partners Group Backs ABA In Trump Intimidation Suit
A coalition of more than 850 BigLaw partners is supporting the American Bar Association in its D.C. federal lawsuit against the Trump administration over its allegedly unconstitutional campaign of intimidation against law firms, saying executive orders targeting firms threaten the legal profession and the rule of law.
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September 29, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor expressed disappointment and concern over what she says is a "breakdown" in "civility and respect" that has emerged in recent Delaware corporate litigation. A $30 million settlement was approved in the five-year running Match.com reverse spinoff suit, and the top brass of Estée Lauder were hit with a derivative suit for allegedly covering up the company's reliance on prohibited, duty-free "gray market" sales of its products in China.
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September 29, 2025
NY's Top Financial Services Regulator Is Stepping Down
The head of the New York State Department of Financial Services is stepping down next month and will be replaced on an interim basis by the chief of its fintech-focused innovation division, New York Gov. Kathy Hochul said Monday.
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September 29, 2025
Trump Again Pushes 100% Tariff To Help US Film Industry
President Donald Trump revived his call for a 100% tariff on imported films Monday on Truth Social, claiming the measure is necessary to reverse trends of offshoring production.
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September 29, 2025
Fla. Cities, Counties Take Aim At Storm Recovery Law
A coalition of 25 Florida municipalities and counties sued the state on Monday over a state law aimed at encouraging post-hurricane rebuilding efforts that the local governments say unconstitutionally tramples their authority to regulate land use and development in their communities.
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September 29, 2025
IRS Cancels Hearing On Offshore Profit Regulations
The Internal Revenue Service said Monday that it has canceled a public hearing on proposed rules that would require U.S. multinational corporations to create annual shareholder accounts and follow new pooling concepts to account for previously taxed foreign earnings and basis adjustments.
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September 29, 2025
Ex-Mass. US Atty Faces Bar Reprimand Over Leak, Texts
Former Massachusetts U.S. Attorney Rachael Rollins has agreed to waive a hearing and accept a public reprimand from state bar regulators as a sanction for leaking confidential material about an investigation to a reporter, then trying to shift blame away from herself in a "disingenuous" text to staff, according to a petition for discipline.
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September 28, 2025
Trump Asks Justices To Rule On Birthright Order's Legality
President Donald Trump asked the U.S. Supreme Court to rule on the legality of his executive order denying citizenship to American-born babies of unauthorized immigrants, after lower courts ruled the order is likely unconstitutional and barred it across the country.
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September 26, 2025
CFPB Hires Ex-Lobbyist For Top Policy Job Amid Rollbacks
The Consumer Financial Protection Bureau has tapped a veteran financial industry lobbyist for a top policymaking job that will position him to spearhead the Trump administration's push to roll back regulation at the agency, Law360 has learned.
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September 26, 2025
Ad Tech Judge Told Google Shouldn't Control Auctions
The head of an industry consortium that could have an important role in breaking up Google's advertising placement technology business told a Virginia federal judge Friday that the Justice Department should be able to take away Google's control over the processes that pick where ads are placed.
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September 26, 2025
Trump Says Cook Can't Rely On 'Mantra' Of Fed Independence
The Trump administration Friday fired back at Federal Reserve Gov. Lisa Cook's argument that the Fed's independence is at stake if the president is allowed to fire her, arguing before the U.S. Supreme Court that Cook invokes "the mantra of Federal Reserve independence" to impose removal protections Congress never enacted.
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September 26, 2025
Stewart Keeps Discretion Duty As Squires Takes On RPIs, AI
In John Squires' first week as U.S. Patent and Trademark Office director, he walked back precedent from the first Trump administration, claimed machine learning should be patent-eligible, and designated Deputy Director Coke Morgan Stewart to continue handling discretionary denial reviews.
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September 26, 2025
Drone-Maker DJI Can't Undo DOD's Chinese Military Co. Label
A D.C. federal judge on Friday ended drone manufacturer DJI Technology's lawsuit challenging the U.S. Department of Defense's decision to designate it as a Chinese military company, saying the designation is supported by evidence and that the decision was not arbitrary.
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September 26, 2025
DC Circ. Examines FERC's Revised Grid Hookup Policy
The D.C. Circuit is set to decide whether the Federal Energy Regulatory Commission made a mistake when overhauling its policy for hooking up new power projects to the grid, after spending the entire morning and part of the afternoon Friday going over the penalty framework.
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September 26, 2025
9th Circ. Nixes Murder Restitution Over Spousal Interest
The federal government cannot seize as restitution a retirement account belonging to a man sentenced to life in prison for murdering two of his U.S. Coast Guard colleagues at an Alaska maintenance facility in 2012 because his wife has an interest in the account, a Ninth Circuit panel ruled Friday.
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September 26, 2025
SEC To Weigh Waivers Alongside Enforcement Settlements
U.S. Securities and Exchange Commission Chair Paul Atkins announced Friday the agency will return to a practice of allowing firms to request waivers from follow-on consequences of enforcement actions while they pursue settlement discussions to resolve their case.
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September 26, 2025
Calif. Power Market Law Is A Clean Energy Game-Changer
California's recent passage of a law further expanding its electricity markets beyond its borders could catalyze clean energy project development in the Golden State, as well as other states throughout the West.
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September 26, 2025
SEC Eyes Tweaking RMBS Rules To Revive Dormant Market
The U.S. Securities and Exchange Commission put out a call for public comments on improving its rules over residential mortgage-backed securities, noting that there have been no such public offerings in more than a decade and questioning whether the agency's requirements may be partially to blame.
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September 26, 2025
Citizens Lack Standing To Force Election Probe, Per Ga. Panel
The Georgia Court of Appeals said Friday that a trial court rightly scuttled a suit trying to force the appointment of a special prosecutor to probe a state official suspected of involvement in Georgia's election interference case, but the lower court failed to take the necessary step to dismiss the case outright.
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September 26, 2025
Skechers Emails Are Misleading Spam, Customers Say
Footwear brand Skechers is blasting shoppers with spam emails that clog their inboxes with false and misleading statements about urgent deals, according to a new proposed class action in Washington federal court seeking more than $6 million for the alleged violations.
Expert Analysis
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New NY Residential Real Estate Rules May Be Overbroad
New legislation imposing a 90-day-waiting period and tax deduction restrictions on certain New York real estate investors may have broad effects and unintended consequences, creating impediments for a wide range of corporate and other transactions, says Libin Zhang at Fried Frank.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
PFAS Reg Reversal Defies Water Statute, Increasing Risks
The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.
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FTC Focus: Surprising Ways Meador And Khan Sound Alike
Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
Privacy Bill Must Be Amended To Protect Small Businesses
While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.
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Opinion
Budget Act's Deduction Limit Penalizes Losing Gamblers
A provision in the One Big Beautiful Bill Act that reduces the deduction for gambling losses is unfair to professional and recreational players, risks driving online activity to offshore sites, and will set back efforts to legalize and regulate the industry, says Walter Bourdaghs at Kang Haggerty.
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Even As States Step Up, They Can't Fully Fill CFPB's Shoes
The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant CFPB, say attorneys at Covington.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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The Int'l Compliance View: Everything Everywhere All At Once
Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.
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Opinion
Calif. Must Amend Trade Secret Civil Procedure
A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.