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Public Policy
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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.
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September 26, 2025
Agents Seek Stay In Fatal Ariz. Shooting Amid 9th Circ. Appeal
The federal government and three U.S. Customs and Border Patrol agents are asking an Arizona federal court to pause a lawsuit alleging the agents wrongfully shot and killed a Tohono O'odham Nation man until the Ninth Circuit weighs in on whether they are immune from the claims.
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September 26, 2025
Star Witness Against NJ Sen. Menendez Asks For Leniency
The government's key witness in the cases against former New Jersey U.S. Sen. Bob Menendez and his wife told a New York federal court that because he pled guilty and cooperated, his sentence for admitted bribery and other crimes should be time served, not the years his seven counts could carry.
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September 26, 2025
Men On NYPD Gang List Fight To Keep Alive Racial Bias Suit
Three anonymous men on the New York Police Department's list of gang members have urged a federal judge to reject the city's bid to dismiss their putative class action, saying their claims are based on ongoing racial discrimination and civil rights violations.
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September 26, 2025
Judge Says Illinois Liquor Delivery Limits Are Justified
An Illinois federal judge ruled Thursday that Illinois liquor laws barring out-of-state retailers from delivering alcohol to in-state consumers are constitutional, saying that while they do discriminate against out-of-state sellers, it's "justifiable on public health and regulatory efficiency grounds."
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September 26, 2025
Off The Bench: NCAA Mostly Beats Trans Suit, Faces Another
In this week's Off The Bench, the NCAA beat the majority of claims over its former transgender policy, but faced a new lawsuit in New York, along with the State University of New York, stemming from its current ban of transgender athletes competing in women's sports.
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September 26, 2025
Feds Say They Have Standing To Block Hawaii Climate Suit
The federal government is urging a Hawaii federal court not to dismiss its suit aiming to block the state's climate change suit against energy companies, saying it has standing because the state's action would usurp its authority to regulate pollution.
Expert Analysis
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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How Banks Can Harness New Customer ID Rule's Flexibility
Banking regulators' update to the customer identification process, allowing banks to collect some information from third parties rather than directly from customers, helps modernize anti-money laundering compliance and carries advantages for financial institutions that embrace the new approach, say attorneys at Bradley Arant.
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CEQA Reform May Spur More Housing, But Devil Is In Details
A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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How Trump Cybersecurity EO Narrows Biden-Era Standards
President Donald Trump recently signed Executive Order No. 14306, which significantly narrows the scope and ambition of a Biden executive order focused on raising federal cybersecurity standards among federal vendors, say attorneys at Jenner & Block.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Grappling With Workforce-Related Immigration Enforcement
To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.
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Opinion
The SEC Should Embrace Tokenized Equity, Not Strangle It
The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.
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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.