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Public Policy
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September 30, 2025
GOP Sens. Push OMB To Release Federal Watchdog Funds
The top Republicans on the Senate Appropriations and Judiciary committees are trying to prevent the White House from effectively shuttering the independent agency for federal watchdogs.
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September 30, 2025
Defamation Litigation Roundup: Trump, Baker McKenzie
In this month's review of defamation fights, Law360 reports the latest updates in President Donald Trump's suits against major news organizations over their reporting on his presidency and relationships, as well as developments in a voting machine company's suit against MyPillow's CEO over election-rigging claims.
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September 30, 2025
Trump Orders Lumber, Furniture Tariffs To Begin Oct. 14
In an executive order signed Monday evening, President Donald Trump outlined a series of tariff rates on imported lumber and derivative products to be imposed in two weeks.
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September 29, 2025
Newsom Signs AI Law Requiring Guardrails, More Disclosures
California Gov. Gavin Newsom on Monday signed into law a bill that bolsters safety and disclosure requirements for artificial intelligence companies in the Golden State, a measure the governor said further establishes California as a leader in "safe, secure and trustworthy artificial intelligence."
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September 29, 2025
Google VP Says Ad Tech Breakup Has Risks For Publishers
A Google LLC executive tried to convince a Virginia federal judge Monday that the U.S. Justice Department has the company's advertising placement technology business backward, arguing that instead of helping website publishers, the breakup sought by the government would cost time and money, while artificial intelligence is scrambling prospects too much to warrant greater intervention.
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September 29, 2025
SEC, CFTC Eye Collaboration To Cut Redundant Rules, Cases
Federal commodities and securities regulators said Monday that they're looking for ways to cut down on duplicative regulation and enforcement matters and coordinate their exemptions and rule writing amid increasing innovation in the markets they oversee.
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September 29, 2025
Supreme Court Considers 7 Patent Petitions
The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.
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September 29, 2025
White House Eyes More Than 'Zero Sum Game' On Spectrum
A Trump White House official said Monday that the administration hopes to expand available spectrum for new uses and does not see commercial players pitted against each other in a "zero sum game" as the only approach to sharing the airwaves.
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September 29, 2025
CFPB Union Asks DC Circ. To Rehear Injunction Ruling
The Consumer Financial Protection Bureau's worker union on Monday urged the full D.C. Circuit to come to the rescue of an injunction that has blocked the Trump administration from enacting sweeping cuts at the agency, warning the regulator's continued existence is at stake.
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September 29, 2025
Tribe Drops Price-Fixing Suit Against Drugmakers, PBMs
The Miccosukee Tribe in Florida has dropped its lawsuit alleging drugmakers and pharmacy benefit managers Eli Lilly, Express Scripts, CVS Health and other companies illegally conspired to limit competition and artificially inflate the price of insulin drugs, according to a notice of voluntary dismissal.
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September 29, 2025
YouTube Inks $24M Deal To End Trump's 'Censorship' Case
YouTube has agreed to pay more than $24 million to settle a lawsuit that President Donald Trump filed after the video platform suspended his account following the 2021 insurrection at the U.S. Capitol over concerns he would incite further attacks, the parties told a California federal judge Monday.
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September 29, 2025
Utah Tribe Seeks Sanctions In Water Fight With Farm Cos.
A Native American tribe has asked a Utah federal court for sanctions up to default judgment against a group of farm companies in a water use lawsuit, saying their failure to comply with any order and participate in the litigation willfully ignores the suit's seriousness.
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September 29, 2025
Colo. High Court Upholds Habitual Criminal Sentencing Law
The Colorado Supreme Court ruled Monday that the state's habitual sentencing statute, which allows more severe penalties for repeat offenders, complies with 2024 U.S. high court precedent as long as a jury, not a judge, looks at the defendant's criminal history.
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September 29, 2025
Mass Voice Of America Layoffs Blocked, Again
A D.C. federal judge on Monday blocked the planned termination of more than 500 U.S. Agency for Global Media employees, saying the layoffs would jeopardize the Trump administration's ability to comply with an April injunction ordering the government to fully restore Voice of America programming.
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September 29, 2025
CTA Could Face Second Ill. Jury Over Vaccine Bias Allegations
An Illinois federal judge has found there are too many open questions to give a win to the Chicago Transit Authority in a former employee's suit over its decision to terminate him after he sought a religious exemption to the agency's mandatory COVID-19 vaccination policy.
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September 29, 2025
FinCEN Seeks Input On Nonbanks' Cost To Detect Laundering
The U.S. Treasury Department's enforcement arm on Monday called for public feedback on the costs that insurance companies, credit card operators and other nonbank financial institutions incur in complying with measures to combat money laundering and terrorism financing, signaling a possible loosening of rules.
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September 29, 2025
DOD Releases Contingency Plan For Gov't Shutdown
The U.S. Department of Defense released guidance for continuing operations in case of a government shutdown, explaining that defense contractors performing work on a contract awarded prior to the expiration of appropriations can continue to provide services.
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September 29, 2025
Kazakh Money Laundering Retrial Against Felix Sater Begins
A Manhattan federal jury heard opening statements Monday in a civil money laundering retrial against financier Felix Sater, whom plaintiffs branded as a thief who enriched himself as he helped hide millions of dollars looted from a Kazakh bank 20 years ago.
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September 29, 2025
EPA Dodges Texas Farmers' PFAS Contamination Lawsuit
A Washington, D.C., federal judge on Monday tossed Texas farmers and ranchers' lawsuit alleging that the U.S. Environmental Protection Agency failed to stop "forever chemicals" from contaminating their farmland and that they've suffered medical problems from the exposure.
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September 29, 2025
CFTC Illegally Blocking Fantasy Site's Application, Court Told
A fantasy sports company is challenging the Commodity Futures Trading Commission's move to intervene in its application to become a licensed broker for derivatives trading, saying its application has been stalled in front of the industry's regulating body despite meeting all the requirements.
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September 29, 2025
4th Circ. Rejects NCAA's Bid To Expedite Eligibility Appeal
The Fourth Circuit declined to fast track the briefing in an appeal of an injunction that paused the NCAA's eligibility rules and gave four West Virginia University athletes another year to play football.
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September 29, 2025
Why $2.5B Might Not Be Enough In FTC's Amazon Settlement
As the Federal Trade Commission and some observers hailed Amazon's $2.5 billion deal over its Prime membership practices as a milestone to protect consumers from manipulative tactics, others doubted the 10-figure settlement will be enough to hold the company accountable following a case it had seemed likely to lose.
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September 29, 2025
House GOP Lawmakers Back ITC Import Ban Won By Oura
A group of House Republicans want the U.S. Trade Representative to uphold the U.S. International Trade Commission's decision to block Ultrahuman and RingConn from importing products it held infringed an Ouraring Inc. wearable computing device patent.
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September 29, 2025
First Step Act Isn't All Retroactive, Gov't Tells High Court
The federal government has asked the U.S. Supreme Court to find that Congress never intended certain sentencing reduction provisions within the 2018 First Step Act to be applied retroactively, and to resolve a 6-4 circuit split.
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September 29, 2025
IRS Finalizes Income Rules For Housing Tax Credit Projects
The U.S. Department of the Treasury and Internal Revenue Service published finalized rules for housing tax credit developers opting to use an average-income test to set rents for affordable housing projects, aiming to reduce the risk of disqualification if a unit falls out of compliance.
Expert Analysis
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Trump Tax Law's Most Consequential International Changes
The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How 6th Circ. Ruling Deepens Split On Broker Liability
A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.
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How The Genius Act May Aid In Fight Against 'Pig Butchering'
The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Opinion
Congressional Bid Protest Concerns Lack Evidence
The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Adapting To USPTO's Tighter Inter Partes Review Rules
The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.