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Public Policy
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September 02, 2025
Feds' Immigration Policy 'Fundamentally Unfair,' Judge Says
A Michigan federal judge ruled that the detention of a longtime Detroit resident by Immigration and Customs Enforcement without a bond hearing violates his due process rights, ordering his immediate release or a hearing by the end of the week and calling the government's recent directive to detain all noncitizens "wrong."
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September 02, 2025
Freddie Mac Beats Investor Suit Over Subprime Exposure
An Ohio federal judge has tossed a nearly two-decade-old lawsuit accusing Freddie Mac of failing to warn investors about its exposure to the flagging subprime market, ruling that the lawsuit hadn't identified any material misleading statements made by the company in the lead-up to the housing crisis.
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September 02, 2025
Littler Report: Wage Rule Limbo, DEI Reversal, NLRB Shakeup
Federal government efforts to end diversity, equity and inclusion programs; states’ industry-specific wage hikes that have reached new heights and a National Labor Relations Board that is stuck without a quorum are employment law trends to watch, Littler Mendelson PC’s Workplace Policy Institute said in an annual report. Here, Law360 explores the report’s findings.
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September 02, 2025
Ga. School Wants ALJ's Ruling On Disabled Learning Tossed
A metro Atlanta school district accused of denying full educational opportunities to a student with autism has asked a Georgia federal court to overturn a state administrative law judge's ruling ordering the district to reimburse the student's mother nearly $56,000 for private educational costs.
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September 02, 2025
7th Circ. Backs Ill. Law Barring Guns On Public Transportation
The Seventh Circuit on Tuesday upheld a provision of Illinois' concealed carry law that forbids licensees from carrying firearms on public transportation, saying the law doesn't violate the Second Amendment and is "comfortably situated in a centuries-old practice of limiting firearms in sensitive and crowded, confined places."
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September 02, 2025
Judge Dumps Challenge To Portland Fuel Terminal Ban
An Oregon federal judge on Tuesday tossed a lawsuit challenging a ban on new oil and gas terminals in Portland, Oregon, agreeing that the state of Montana and fuel industry groups failed to show that the ordinance is unconstitutional.
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September 02, 2025
FERC Faces 4th Circ. Heat Over Grid Policy Revamp
A coalition of utilities and Republican-led states have told the Fourth Circuit that the Federal Energy Regulatory Commission's recent overhaul of its regional transmission policy exceeds its authority, while consumer and clean energy advocates said that the agency didn't go far enough.
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September 02, 2025
FTC Defends Merger Filing Overhaul From Chamber's Attack
The Federal Trade Commission told a Texas federal court that enforcers followed the law when overhauling the premerger reporting requirements and said the U.S. Chamber of Commerce and other groups challenging the changes are just unhappy with the outcome.
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September 02, 2025
FTC, Amazon Urged To Iron Out Antitrust Discovery Tiff
A Washington federal judge handling the Federal Trade Commission's landmark antitrust case against Amazon suggested on Tuesday the parties continue working toward a solution after the commission protested that the company failed to pass on documents received from other online retailers in related litigation in California.
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September 02, 2025
Trump Will Seek Fast-Track High Court Review Of Tariff Suit
The federal government will seek an expedited appeal and ruling by the U.S. Supreme Court as early as Wednesday, President Donald Trump said Tuesday during a press conference at which he blasted the Federal Circuit's majority opinion determining his emergency tariffs unlawful.
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September 02, 2025
Mass. Top Cannabis Regulator Wins Job Back
A Massachusetts state court judge reinstated the state's chief cannabis regulator Tuesday, finding that while her behavior may have been "abrasive, boorish, inconsiderate, ill-tempered, imprudent and/or otherwise unreasonable," it did not rise to the level of a firable offense.
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September 02, 2025
Md. Says Liability Shield Doesn't Apply To Dali Ship Manager
The state of Maryland, injured plaintiffs and other claimants have told a federal judge that the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year cannot invoke a nearly two centuries old maritime law to limit its liability for the wreck.
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September 02, 2025
Google Keeps Chrome, Payments, But Must Prop Up Rivals
A D.C. federal judge imposed sweeping requirements on Google on Tuesday meant to prop up search engine rivals with data, but rejected the U.S. Department of Justice's demand that the company spin off its Chrome browser or that it be barred from paying for search engine placement.
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September 02, 2025
India Opens WTO Dispute Over US 50% Copper Tariff
India has initiated a dispute at the World Trade Organization over the U.S.' imposition of a 50% tariff on copper products, according to a request for consultations published Tuesday.
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September 02, 2025
FCC Pushes Forward On Next-Gen TV Transition
The Federal Communications Commission issued new guidance Tuesday aimed at accelerating the transition to next-generation TV by making it easier for broadcasters to clear the regulatory process.
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September 02, 2025
3rd Circ. Probes Jurisdiction In Dispute Over NJ US Atty
The Third Circuit on Tuesday ordered defendants and the federal government to make a case for the appeals court's jurisdiction over a district court's ruling disqualifying acting U.S. Attorney Alina Habba from overseeing two cases, saying the court "ordinarily lacks jurisdiction" over pretrial orders in criminal cases.
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September 02, 2025
3rd Circ. Wants NJ Justices' Input On Judicial Privacy Law
The Third Circuit on Tuesday asked the New Jersey Supreme Court to address whether the state's judicial privacy law requires a mental state for purported infractions, a question that could prove crucial for data brokers facing dozens of lawsuits over their alleged violations of the statute.
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September 02, 2025
Trump Reverses Biden On Space Command HQ
President Donald Trump announced on Tuesday that the headquarters of the U.S. Space Command would be moved from Colorado to Alabama, reversing a decision by the Biden administration.
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September 02, 2025
Defunding Planned Parenthood Is Meant To Punish, Judge Says
A Massachusetts federal judge on Friday refused to lift an order that keeps Medicaid reimbursements flowing to Planned Parenthood, ruling that legislation intended to halt the organization's federal funding appears to illegally target the group for punishment.
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September 02, 2025
Wells Fargo Employee Drug Cost Battle: What To Know
A group of former Wells Fargo employees is back in federal court this week with allegations the company mismanaged their prescription drug benefits, leading to millions in overpayments. The banking giant says the case is a do-over of allegations already axed by the Minnesota court
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September 02, 2025
'Never My Intention' To Defy Justices, Judge In NIH Case Says
A veteran Massachusetts jurist on Tuesday responded to suggestions by two U.S. Supreme Court justices that he had defied the high court by going ahead with a bench trial on two challenges to the Trump administration's cuts to National Institutes of Health research grants, saying he would never intentionally disregard precedent.
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September 02, 2025
Gov't Says Fla. Ex-Rep Can't Escape Foreign Agent Case
A former congressman and political consultant accused of secretly lobbying for the Venezuelan government should not be allowed to escape Foreign Agents Registration Act charges, the U.S. government argued, saying the law is not a violation of their free speech rights.
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September 02, 2025
Swiss Gold Refiners Reject US Move Over Tariffs
Swiss gold refiners will not be relocating to the U.S. following 39% tariffs announced by President Donald Trump this summer, according to Switzerland's largest metals group.
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September 02, 2025
Ex-Sen. Cory Gardner Takes Reins Of Cable Biz Group NCTA
Former Colorado Sen. Cory Gardner was named Tuesday as the new president and CEO of cable industry group NCTA – The Internet & Television Association.
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September 02, 2025
Calif. Judge Rules Trump's Troop Deployment Was Unlawful
A California federal judge ruled Tuesday that President Donald Trump's use of the National Guard to quell protests in Los Angeles over immigration raids was a violation of the Posse Comitatus Act, saying Congress "clearly" limited the military's role in domestic law enforcement.
Expert Analysis
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Unpacking The BIS Guidance On Chinese AI Chip Use
In response to May guidance from the Bureau of Industry and Security, which indicates the agency considers a wide but somewhat unclear range of activities involving Chinese integrated circuits to be in violation of its General Prohibition 10, companies should consider adopting enhanced due diligence to determine how firm counterparties may be using the affected chips, says Peter Lichtenbaum at Covington.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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How New Texas Law Targets ESG Proxy Advice
A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.
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8 Compliance Team Strategies To Support Business Agility
Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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Annual Report Shows CFIUS Extending Its Reach In 2024
The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.
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Trump Tax Law's Most Impactful Corp. And Individual Changes
The One Big Beautiful Bill Act built on and reshaped elements of the Tax Cuts and Jobs Act, including business interest deductions, bonus depreciation and personal income relief, delivering substantial changes to both corporate and individual tax policy, say attorneys at Weil.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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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.