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Public Policy
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September 23, 2025
Trump Tariffs Are Constitutional, President's Allies Tell Justices
Two Republican lawmakers and two allied nonprofit groups told the U.S. Supreme Court on Tuesday that it should allow President Donald Trump's emergency tariffs authorized under the International Emergency Economic Powers Act.
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September 23, 2025
Tribe Fights Mont. County's Bid To Delay Voting Rights Case
An Indigenous tribe is fighting a county's bid to pause its voting rights lawsuit in Montana federal court, arguing that a dilutive map illegally supports an "at large" election system that has resulted in a failure to meet the needs of tribal citizens.
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September 23, 2025
Ex-Provost Says UNC Hired Belichick After Unlawful Meeting
A former provost is suing the University of North Carolina at Chapel Hill's board of trustees in state court, alleging the board conducted last-minute hiring deliberations over a multimillion-dollar contract for legendary football coach Bill Belichick in an unlawfully secret meeting.
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September 23, 2025
Cannabis Cos. To Pay $400K In Deal Over Sleep Aid Product
The companies behind the 1906 brand of cannabis products have agreed to halt all sales in Colorado and pay $400,000 to the state in order to end an investigation into allegations that they sold a marijuana-based sleep-aid product, "Midnight Drops," that might have caused liver problems.
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September 23, 2025
Tylenol MDL In Spotlight After Trump Blasts Use In Pregnancy
The Trump administration's attack on the use of acetaminophen during pregnancy drew on the work of a Harvard expert whose analysis is central to a legal clash now before a federal appeals court. The president's broadside promises to energize plaintiffs.
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September 23, 2025
$6.6M IRS Civil Fraud Penalty Ruled Constitutional
A Pennsylvania federal judge upheld a $6.6 million civil fraud tax penalty against an insurance broker over its captive deductions, ruling Tuesday that the Internal Revenue Service's assessment of the penalty without a jury trial was constitutional.
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September 23, 2025
Watchdog Calls For DC, Md. Bar Investigations Into Carr
A government accountability watchdog brought a complaint against Federal Communications Chair Brendan Carr to the D.C. Bar Association on Tuesday, claiming Carr violated conduct rules when he threatened to bring FCC action against ABC if it declined to discipline Jimmy Kimmel over his remarks following Charlie Kirk's murder.
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September 23, 2025
NC Sens. Vote To Cut Planned Parenthood's Medicaid Funds
Republican state senators in North Carolina have greenlit a bill that would revoke Medicaid funding for Planned Parenthood, aligning the Tar Heel state with the president's "One Big Beautiful Bill," which prohibits Medicaid funding for nonprofit groups that provide abortion services.
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September 23, 2025
Religious Orgs Ask DC Circ. To Revive Bid To Block ICE Raids
Christian and Jewish religious organizations urged the D.C. Circuit to vacate a denial of their preliminary injunction request to stop immigration raids on places of worship, arguing Monday their injuries caused by attendance drops are traceable to the "unprecedented assault on their religious exercise" by the Department of Homeland Security.
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September 23, 2025
Ship's Owner Can't Shift Blame For Bridge Collapse, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse cannot try to shift blame for its own failings, the South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. has told a Pennsylvania federal court.
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September 23, 2025
FERC Urges Justices To Let Grid Incentive Ruling Stand
The Federal Energy Regulatory Commission urged the U.S. Supreme Court not to disturb its revocation of an incentive for power companies that are required to be members of a regional transmission organization.
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September 23, 2025
Feds Illegally Denying Immigrant Bond Hearings, Suit Says
The Trump administration is deliberately misclassifying immigrants marked for removal proceedings in an effort to illegally skirt their right to a bond hearing, according to a proposed class action filed Tuesday in Massachusetts federal court.
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September 23, 2025
Neb. Tribe Seeking Kids' Remains Fights Army's Defense
A Native American tribe seeking to repatriate children's remains currently held on U.S. Army property told the Fourth Circuit on Tuesday that the federal government is misrepresenting the tribe's complaint by claiming the tribe improperly said it couldn't locate living relatives.
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September 23, 2025
9th Circ. Rejects Rehearing On Arizona Voting Restrictions
The Ninth Circuit has said it will not reconsider its decision that certain provisions of two Republican-backed Arizona voting laws violated federal law by requiring residents to provide proof of citizenship to vote by mail and in presidential elections.
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September 23, 2025
EU Eyeing Country-Level Min. Tax Exemption For US Cos.
The European Union's preferred method for accommodating the U.S. proposal to exempt American companies from the 15% global minimum tax's international provisions would be to allow a conditional safe harbor that member countries would need to enact individually, a top EU tax official told lawmakers Tuesday.
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September 23, 2025
'Bridgegate' Drivers Drop Lawsuit Against State Of NJ
After more than a decade of litigation, George Washington Bridge travelers who claimed the "Bridgegate" traffic jam violated their constitutional rights notified the New Jersey federal court that they will not pursue their claims individually after the Third Circuit denied their petition for an interlocutory appeal of the denial of class certification.
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September 23, 2025
Gun Group Misused Buyers' Data For Political Ads, Suit Says
The National Shooting Sports Foundation Inc. unjustly enriched itself by secretly obtaining the personal data of millions of firearms buyers from warranty registration cards and creating a database it then used to spread tailored political messages, a proposed class action alleges.
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September 23, 2025
Foes Slam Feds' GHG Plan As Trump Decries Green 'Scam'
Green groups and democrats are strongly opposing the U.S. Environmental Protection Agency's proposal to abandon a key greenhouse gas policy, as President Donald Trump on Tuesday called climate change "the greatest con job ever perpetrated on the world."
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September 23, 2025
28 AGs Tell 4th Circ. NC Vape Law Isn't Preempted
A group of 28 attorneys general are urging the Fourth Circuit not to block a North Carolina state law prohibiting the sale of e-cigarettes unapproved by the U.S. Food and Drug Administration, saying the law isn't preempted by federal law.
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September 23, 2025
DOJ Adds Tribes To Program Enhancing Crime Data Exchange
The U.S. Department of Justice has selected six federally recognized Indigenous nations to participate in efforts to continue expansion of the Tribal Access Program for National Crime Information that will give their law enforcement and government access to databases maintained by the FBI's Criminal Justice Information Services Division.
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September 23, 2025
EX-CTA Worker's $425K Vaccine Bias Award Capped At $300K
An Illinois federal judge lowered a former Chicago Transit Authority employee's $425,000 jury award to $300,000 Tuesday for the ex-worker's claim that he was wrongly fired for refusing the COVID-19 vaccine, entering a judgment the judge said he'll later amend with awards that include back and front pay.
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September 23, 2025
Two Longtime HHS Attys Depart Posts For Crowell & Moring
Two prominent U.S. Department of Health and Human Services attorneys have left their posts for Crowell & Moring LLP after more than two decades in the federal government.
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September 23, 2025
Chief Judge In Ala. To Take Semiretirement Status Next Year
Chief U.S. District Judge David Proctor of the Northern District of Alabama has informed the president that he will take senior status Jan. 1, 2026.
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September 23, 2025
Texas Bans Hemp Sales To Minors Under Emergency Rule
Texas regulators on Tuesday adopted emergency rules restricting the sale of hemp-derived psychoactive products to anyone under the age of 21.
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September 23, 2025
1st Circ. Won't Let Citizens Bank Escape Escrow Interest Suit
The First Circuit has revived a proposed class action accusing Citizens Bank of violating Rhode Island law by not making interest payments for mortgage escrow accounts, ruling the action must be reinstated in part because of a U.S. Supreme Court decision handed down after the case was dismissed.
Expert Analysis
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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How Sweeping Budget Bill Shakes Up Health Industry
With the recently passed One Big Beautiful Bill Act marking one of the most significant overhauls of federal health policy since the passage of the Affordable Care Act, providers, managed care organizations and life sciences companies must now shift focus from policy review to implementation planning, say advisers at Holland & Knight.
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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Legal Ops, Compliance Increasingly Vital To Antitrust Strategy
With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.
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What's Next For CFPB After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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What To Know As SEC Looks To Expand Private Fund Access
As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.
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Fla. Law Is Part Of State Trend On Curbing Foreign Influence
A recently effective Florida law that broadly prohibits charities from receiving or soliciting funds from individuals and entities associated with certain foreign countries, the first of its kind in the nation, follows a growing state-level focus on foreign influence regulation, say attorneys at Venable.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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IPR Decisions Clarify Stewart's 'Settled Expectations' Factor
Recent discretionary denial decisions from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart have begun to illuminate the contours of her "settled expectations" doctrine, informing when it might be worth petitioning for inter partes review if the patent at issue has been in force for a few years, say attorneys at Morgan Lewis.
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.