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Public Policy
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September 22, 2025
ND Urges High Court To Expedite Tribal Voting Rights Ruling
North Dakota Secretary of State Micheal Howe is urging the U.S. Supreme Court to decide as soon as possible whether to take up two tribes' petition for certiorari in their challenge to the state's voting map, saying state officials need time to fairly prepare for and administer the 2026 elections.
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September 22, 2025
Feds Oppose Calif. Tribes' Bid To Halt Casino Dispute
The U.S. government has asked a District of Columbia federal court judge to reject a stay motion filed by three California Native American tribes that are challenging the approval of another tribe's casino-resort project, arguing that the trio has failed to justify pausing the suit before the court rules on the government's request for a Golden State federal court transfer.
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September 22, 2025
Judge Rules Revolution Wind Can Restart Wind Farm Work
A D.C. federal judge gave Revolution Wind the green light to restart work on its billion-dollar wind farm off the Rhode Island coast Monday, halting a stop work order issued by the Trump administration last month, two years after the project got federal approval from the Biden administration.
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September 20, 2025
Court Blocks Denver From Firing Exec In Retaliation Suit
For now, Denver can't fire one of its employees who claims the city is trying to retaliate against her for supporting a different mayoral candidate, a Colorado federal judge ruled this week.
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September 19, 2025
Trump Tags H-1B Visa Apps With $100,000 Fee
President Donald Trump on Friday signed an executive order to impose a $100,000 fee for H-1B visas, framing it as a "restriction on entry" necessary to stem the entry of high-skilled foreign workers, particularly in science and technology fields.
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September 19, 2025
EU-US Data Transfer Ruling Delivers Relief But Not Finality
A recent court decision backing a revamped framework for transferring personal data from the European Union to the United States provided companies with some much-needed comfort after nearly a decade of setbacks although that reprieve might be short-lived as opponents eye a broader challenge to the critical arrangement.
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September 19, 2025
Va. US Atty Quits Amid Trump's 'Blue-Slip' Removal Bid
Erik Siebert on Friday resigned as U.S. attorney for the Eastern District of Virginia, just hours after President Donald Trump pondered ousting him from the position because Siebert received blue-slip approval from the commonwealth's two Democratic senators, Tim Kaine and Mark Warner, according to media reports.
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September 19, 2025
Squires Confirmation Has Patent Attys Hoping For Stability
Now that the U.S. Senate has confirmed John Squires to serve as director of the U.S. Patent and Trademark Office, attorneys are looking for him to provide clear rules and consistent practices, saying the current requirements keep changing.
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September 19, 2025
NY County Says It's Immune From Immigrant Detention Suit
Long Island officials on Friday asked a New York federal judge to throw out a class action brought by immigrants who say they were unlawfully detained past their release dates at the request of federal immigration authorities, saying local law enforcement has federal sovereign immunity when acting in cooperation with the feds.
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September 19, 2025
2nd Circ. Backs NY Ban On Guns In Times Square, Subways
The Second Circuit on Friday turned back a challenge by two gun owners to a state law banning guns in Times Square and the New York City subway, saying the law fits with the country's historical traditions of regulating guns and doesn't violate the Second Amendment.
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September 19, 2025
Trump Signs 'Gold Card' Visa Order Giving Priority For Cash
President Donald Trump signed an executive order Friday launching a "gold card" visa program that provides a pricier but speedier pathway for foreigners to reside in the U.S. "by voluntarily providing a significant financial gift to the nation," touting it as a step toward undoing the prior administration's "disastrous" immigration policies and bringing wealth to the nation.
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September 19, 2025
Feds Urge Justices To Back Trump's Emergency Tariffs
The federal government told the U.S. Supreme Court Friday that lower courts incorrectly determined President Donald Trump's emergency tariffs unlawful under a statute that gives the executive broad authority to regulate the economy in matters of national emergency,.
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September 19, 2025
Ga. Providers Seek Exit From 'Conspiratorial' BCBS Fraud Suit
Healthcare consulting firm HaloMD and several providers urged a federal judge Friday to toss a lawsuit from Blue Cross Blue Shield of Georgia accusing them of abusing a federal dispute resolution process for surprise medical bills, arguing the insurer's suit offers little more than "inflammatory, conspiratorial rhetoric."
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September 19, 2025
Call For Gov't Cut Of University Patent Cash Spurs Concern
Commerce Secretary Howard Lutnick's comments that the government should get as much as half of the revenue that universities generate from patents developed with federal funding have caused worry among industry groups and attorneys, who say it would inhibit efforts to commercialize publicly funded inventions.
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September 19, 2025
SEC Dem Fears 'High-Speed Collision' In Private Markets
The U.S. Securities and Exchange Commission's sole Democrat urged the agency on Friday to pay more than "lip service" to investor protection as it considers allowing more everyday Americans to access private markets, warning that the commission was headed for a "high-speed collision" if it doesn't change course.
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September 19, 2025
Treasury Launches Stablecoin Rule Push With Call For Input
The U.S. Department of the Treasury on Friday asked for public input on key regulatory considerations for stablecoins as it begins crafting rules to govern the stable-value crypto tokens under the recently signed Genius Act.
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September 19, 2025
NJ Claims Of Union Job Referral Bias Preempted, Judge Hears
The state of New Jersey's discrimination lawsuit against a local union should be dismissed because it is preempted by federal labor law and was filed after the two-year statute of limitations expired, a state court judge heard Friday during a hearing.
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September 19, 2025
Agri Stats Looks To Nix DOJ Antitrust Case Ahead Of Trial
Agri Stats is asking a Minnesota federal court to toss the government's antitrust case ahead of trial, arguing that enforcers still lack evidence to support their information-sharing claims despite scrutinizing the agricultural data firm's industry reports for more than a decade.
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September 19, 2025
Texas AG Appeals Ruling That Blocked ESG Proxy Law
Texas Attorney General Ken Paxton is appealing to the Fifth Circuit a federal judge's order temporarily blocking a new state law requiring proxy advisory firms to disclose when their advice stems from factors such as diversity and inclusion.
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September 19, 2025
Trump Administration Takes TPS Fight Back To Supreme Court
The Trump administration took its fight to end temporary protected status for Venezuela back to the U.S. Supreme Court on Friday, urging the justices to stay a district court decision that found the U.S. Department of Homeland Security's attempt to unwind those protections unlawful.
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September 19, 2025
Google Search Judge Values Storytelling, Not 'Denigrating'
The federal judge who found Google liable for monopolizing search and ordered it to prop up rivals had advice in New York City remarks Friday for attorneys trying to sway courts: Write "plain," tell a story without "denigrating" the opposition, and back up economic analysis with business reality.
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September 19, 2025
Foreign Entity Rules Begin To Shape Clean Energy Deals
The recently enacted federal budget that attaches stricter foreign supply chain and business ownership rules to clean energy tax credits has started to take practical effect, with project developers rewriting agreements to avoid getting snagged in the new regulatory regime.
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September 19, 2025
Dems Want Answers On Delayed FinCEN Adviser Rule
Sen. Elizabeth Warren and other congressional Democrats have pressed Treasury Secretary Scott Bessent on the department's decision to postpone a rule they said addresses a money laundering vulnerability of the U.S. investment adviser sector, saying the decision puts national security and the economy at risk.
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September 19, 2025
Satellite Biz Bristles At Idea Of Tougher FCC Enviro Oversight
Satellite companies say the Federal Communications Commission should exempt their operations from review under the National Environmental Policy Act because they are "inherently extraterritorial" projects.
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September 19, 2025
Calif. Official Questions FCC Power To Trim Historic Reviews
The head of California's Office of Historic Preservation has criticized the Federal Communications Commission's decision to weigh regulatory changes that would streamline environmental and historic reviews for wireless broadband infrastructure projects.
Expert Analysis
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
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.
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Building Better Earnouts In The Current M&A Climate
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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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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Reform Partly Modernizes Small Biz Stock Gains Exclusion
Changes to the Internal Revenue Code in the One Big Beautiful Bill Act update the qualified small business stock gains exclusion to reflect inflation, but the regime would be more in line with current business realities if Congress had also made the exemption available to additional business structures, says Mark Parthemer at Glenmede.
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
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Lessons From Crackdown On Mexican Banks With Cartel Ties
Recent U.S. Treasury Department orders excluding three major Mexican financial institutions from the U.S. banking system for laundering drug cartel money and processing payments for fentanyl precursor chemicals offer guidance for companies in reviewing their procedures and controls to ensure they are not the next targets, say attorneys at Paul Weiss.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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Tips For Cos. From California Climate Reporting FAQ
New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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Legal Considerations Around Ibogaine As Addiction Therapy
Recent funding approval in Texas pertaining to the use of ibogaine for the potential treatment of substance use disorders signals a growing openness to innovative addiction treatments, but also underscores the need for rigorous compliance with state and federal requirements and ethical research standards, say attorneys at Husch Blackwell.
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Unpacking DOJ's Suit Against Maryland Federal Bench
Political hoopla aside, the Trump administration’s suit naming the Maryland federal district court and all of its judges, which challenges a standing order that delays deportation upon the filing of a habeas petition, raises valid questions about both the validity of the order and the DOJ’s approach, says Steven Gordon at Holland & Knight.