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Public Policy
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October 09, 2025
GOP Sen. Joins Dems On Bill To Nix Trump's Global Tariffs
Several Senate Democrats and one Republican introduced legislation Thursday to eliminate the national emergency associated with President Donald Trump's so-called reciprocal tariff regime.
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October 09, 2025
Senator's Inquiry Prompts AG Review Of NC Tribe's Cannabis
U.S. Attorney General Pam Bondi has said she will review a North Carolina tribe's cannabis industry practices after one of the state's Republican senators inquired about how the tribal dispensary transports its products.
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October 09, 2025
Ga. Prosecutors Get More Time To Replace DA In Trump Case
A Georgia state judge has extended its deadline requiring a prosecutors group to replace a disqualified district attorney to oversee the election interference case against President Donald Trump and others, rejecting two defendants' opposition to anything beyond the original two-week deadline.
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October 09, 2025
FERC Nixes Ban On Pipeline Work During Project Appeals
The Federal Energy Regulatory Commission has scrapped a rule barring construction activities on gas infrastructure projects when approvals are being challenged, saying it's no longer necessary and bogs down the development of needed infrastructure.
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October 09, 2025
False-Statement Case Puts Comey In Rare Company
Former FBI director James Comey is the latest addition to the relatively short list of government officials who have been criminally charged over the past several decades with making false statements to Congress.
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October 09, 2025
7th Circ. Nominee Taibleson Advances To Full Senate
The Senate Judiciary Committee advanced on party lines the nomination of Rebecca Taibleson, a federal prosecutor in Wisconsin, to serve on the Seventh Circuit, as well as four district judicial nominees and five U.S. attorney nominees.
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October 09, 2025
Anti-Union Firm Joins Fight Against Calif. Cannabis Labor Law
An anti-union group has thrown its weight behind a cannabis retailer's challenge to a California law that requires marijuana businesses to sign labor peace agreements with unions, arguing before the Ninth Circuit that the law is preempted by the National Labor Relations Act.
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October 09, 2025
Calif. Enacts Law To Boost Pay Parity Protections
A California law aimed at increasing the accuracy of the compensation estimates that state employers are required to include in job postings and signed by Gov. Gavin Newsom makes clear that perks such as stock options are considered wages and expands the limitations window for pursuing pay bias claims.
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October 09, 2025
6th Circ. Says Facebook Posts About Firm Not Defamation
The Sixth Circuit has declined to revive a defamation suit over social media posts alleging an unethical connection between a New Jersey-headquartered law firm and members of the Flint, Michigan, city council.
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October 09, 2025
Pa. Court Nixes Gun Shop Rules In Town's Zoning Code
A Pennsylvania town's "conditional use" zoning requirements that restrict gun shops operating in certain parts of town are preempted by laws that say only the state Legislature can regulate guns, a split state appellate court found Thursday.
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October 09, 2025
Menendez Witness Avoids Prison After 'Honest' Testimony
A New York federal judge allowed a former insurance broker from New Jersey to avoid prison Thursday, after prosecutors said his "extensive" cooperation helped secure the conviction of former U.S. Sen. Bob Menendez on corruption charges.
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October 08, 2025
Trump Tariffs Unconstitutional, Watchdog Tells Justices
Either President Donald Trump doesn't have authority to impose tariffs under the International Emergency Economic Powers Act, or the law is unconstitutional, the nonprofit group Consumer Watchdog told the U.S. Supreme Court Wednesday, urging the justices to affirm lower court rulings deeming those measures unlawful.
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October 08, 2025
Retailers Lose Bid To Ax NY Algorithmic Pricing Law
A New York federal judge Wednesday tossed the National Retail Federation's lawsuit challenging a new state law that requires retailers to disclose the use of so-called algorithmic pricing, saying the retailers have not plausibly alleged that the disclosure requirement violates the First Amendment's prohibition on compelled speech.
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October 08, 2025
FCC Tells Justices 5th Circ. Used Jarkesy To Gut Enforcement
The Fifth Circuit erroneously used a major U.S. Supreme Court decision curtailing U.S. Securities and Exchange Commission trials to "severely impair" Federal Communications Commission enforcement in the telecommunications industry, the FCC said in a petition urging the justices to resolve a new circuit split.
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October 08, 2025
Miami College Sued Over Land Transfer For Trump Library
A retired professor is seeking to block the transfer of roughly three acres of land Miami Dade College has given away to build the Donald J. Trump Presidential Library, telling a Florida state court that the school broke a state public meeting law by providing scant details of the possible transfer.
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October 08, 2025
GOP Sens. Talk Big Tech Censorship While Dems Talk Kimmel
Senate Republicans convened a committee hearing Wednesday morning to discuss "how Uncle Sam jawboned Big Tech into silencing Americans," but Democrats wanted to talk about censorship of a different stripe and kept pulling the conversation back to Jimmy Kimmel and the Federal Communications Commission.
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October 08, 2025
Trade Court Tosses Wis. Man's Trump Tariff Suit
The U.S. Court of International Trade recently dismissed with prejudice a challenge to President Donald Trump's emergency tariffs after the Wisconsin man who filed suit failed to sufficiently amend his complaint.
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October 08, 2025
Shinnecock Tribe Wants In On Long Island Land Dispute
A Native American tribe at the heart of a Long Island, New York, town's lawsuit over a U.S. government decision to place 84 acres of land into "restricted fee" status for the tribe has asked a federal judge to let it intervene in the suit.
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October 08, 2025
Chancery Extends Pause On Hospital Board Law Challenge
The pause on ChristianaCare's lawsuit in Delaware Chancery Court against state officials in which it's challenging legislation that created a state-appointed board to review and approve hospital budgets was extended four months Wednesday to allow more time for the sides to reach a settlement.
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October 08, 2025
Big Banks' Gain Could Be Small Banks' Pain, Fed's Barr Says
Federal regulators' plans to ease capital rules and other supervisory safeguards at big banks may jeopardize financial stability and leave community banks to pick up the pieces if something goes wrong, Federal Reserve Gov. Michael Barr warned in a speech Wednesday.
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October 08, 2025
5th Circ. Wary Of TitleMax Affiliate's Aim To Skip Usury Case
A Fifth Circuit panel appears skeptical of a TitleMax affiliate's argument that it should get to escape the Pennsylvania Department of Banking and Securities usury case alleging the affiliate breached state law, saying Wednesday the proceedings looked like typical state police power.
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October 08, 2025
Senate IP Leader Plans Push To Pass Patent Eligibility Bill
Sen. Thom Tillis, R-N.C., the leader of the Senate's intellectual property subcommittee, said Wednesday that before he leaves Congress in just over a year, one of his primary goals will be to advance his long-gestating bill to make more inventions eligible for patents.
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October 08, 2025
ICE Can't Use Force Vs. Ill. Press, Peaceful Protesters, Judge Says
An Illinois federal judge said Wednesday that she will temporarily restrain federal agents from using allegedly violent silencing tactics against press and peaceful protesters, and she won't limit her order to the detention facility U.S. Immigration and Customs Enforcement operates in the Chicago suburb of Broadview.
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October 08, 2025
Kalshi Fights Ohio Ban As Pa. Flags Sports Betting Loophole
The clash between state gaming regulators and federally regulated platforms offering sports wagers continued this week as Kalshi sued Ohio agencies over a directive to shut down its sports event contracts, while Pennsylvania's Gaming Control Board warned Congress that prediction markets broadly "create a backdoor to legalized sports betting."
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October 08, 2025
'I Don't Want To Be A Referee,' Google Search Judge Says
A D.C. federal judge faced the prospect Wednesday of years more involvement in the U.S. Justice Department's case against Google's search monopoly, saying during a hearing that he's trying to balance avoiding being a "referee" for his remedies decision while preventing "misuses" of data sharing and search syndication mandates.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Civil Maritime Nuclear Sector Poised For Growth, Challenges
The maritime industry now stands on the verge of a nuclear-powered renaissance, with the need for clean energy, resilient power generation and decarbonized logistics driving demand for commercial maritime nuclear technology — but these developments will raise significant new legal, regulatory and technical questions, say attorneys at Holland & Knight.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues
The Trump administration’s recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act’s rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.
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NY AML Rules Get Crypto Rebrand: What It Means For Banks
A recent letter from the New York State Department of Financial Services outlining how banks can use blockchain analytics in anti-money laundering efforts is a reminder that crypto activity is not exempted from banks' role in keeping the financial system safe, says Katherine Lemire at Lankler Siffert.
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What's At Stake At High Court For Presidential Removal Power
Two pending U.S. Supreme Court cases —Trump v. Slaughter and Trump v. Cook — raise fundamental questions about the constitutional separation of powers, threaten the 90-year-old precedent of Humphrey's Executor v. U.S. and will determine the president's authority to control independent federal agencies, says Kolya Glick at Arnold & Porter.
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Using The GHG Protocol For California Climate Reporting
With the California Air Resources Board's recent announcement that entities subject to the state's climate disclosure laws can use the Greenhouse Gas Protocol as a standard for structured, auditable reporting, a review of methods, data sources and disclosures under the protocol is timely for compliance planning, says Thierry Montoya at Frost Brown.
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Employer Considerations As Ill. Ends Mandatory Fact-Finding
Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.
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Courts Are Still Grappling With McDonnell, 9 Years Later
The Seventh and D.C. Circuits’ recent decisions in U.S. v. Weiss and U.S. v. Paitsel, respectively, demonstrate that courts are still struggling to apply the U.S. Supreme Court’s 2016 ruling in McDonnell v. U.S., which narrowed the scope of “official acts” in federal bribery cases, say attorneys at Quinn Emanuel.
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Compliance Pointers Amid Domestic Terrorism Clampdown
A recent presidential memorandum marks a shift in federal domestic-terrorism enforcement that should prompt nonprofits to enhance diligence related to grantees, vendors and events, and financial institutions to shore up their internal resources for increased suspicious-activity monitoring and reporting obligations, say attorneys at Morgan Lewis.
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Trump Tax Law Has Mixed Impacts On Commercial Real Estate
The One Big Beautiful Bill Act brings sweeping changes to the real estate industry — and while the permanency of opportunity zones and bonus depreciation creates predictability for some taxpayers, sunsetting incentives for renewable energy projects will leave others with hard choices, says Jordan Metzger at Cole Schotz.
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CFTC, SEC Joint Statement Highlights New Unity On Crypto
The U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission's recent joint statement announcing a cross-agency initiative enabling certain spot crypto-asset products to trade on regulated exchanges is the earliest and most visible instance of interagency cooperation on crypto regulation, say attorneys at Morgan Lewis.
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Regulatory Uncertainties Loom As Fed Ends Crypto Oversight
The Federal Reserve Bank's recently ended crypto supervisory program headlines other recent federal actions from Congress, the White House and relevant agencies that may complicate financial institutions' digital-asset use and attendant compliance strategies, say attorneys at Buchalter.
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What The New Nondomiciled-Trucker Rule Means For Carriers
A new Federal Motor Carrier Safety Administration interim final rule restricting states' issuance of commercial drivers licenses to nondomiciled drivers does not alter motor carriers' obligations to verify drivers' qualifications, but may create disruptions by reducing the number of eligible drivers, say attorneys at Benesch.
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EU-US Data Transfer Ruling Offers Reassurance To Cos.
The European Union General Court’s recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.
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Opinion
SEC Arbitration Shift Is At Odds With Fraud Deterrence
The U.S. Securities and Exchange Commission's recent statement allowing the use of mandatory arbitration by new publicly traded companies could result in higher legal costs, while removing the powerful deterrent impact of public lawsuits that have helped make the U.S. securities markets a model of transparency and fairness, say attorneys at Labaton Keller.