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Public Policy
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September 16, 2025
Order Halting Ørsted Wind Project Is Valid, Trump Admin Says
The Trump administration has told a D.C. federal judge that its challenged decision to halt work on an approved and nearly completed offshore wind farm in New England stands on firm legal ground and should not be overturned.
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September 16, 2025
​​​​​​​8th Circ. Questions Minn. Contractor Law's Vagueness
The Eighth Circuit on Tuesday questioned trade groups challenging a Minnesota independent contractor misclassification law about the level of scrutiny to apply to the statute and seemed unconvinced that the law is unconstitutionally vague.
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September 16, 2025
Mass. Board Reduces Tax Value Of Educational Property
A multiuse educational facility was overvalued by a local assessor, the Massachusetts Appellate Tax Board said in a decision released Tuesday, cutting its valuation by about $400,000.
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September 16, 2025
Environmental Groups Say Gov't Won't Share Climate Docs
Environmental groups have told a Massachusetts federal judge that the Trump administration isn't following his suggestion that it turn over materials related to the work of an advisory panel recommending reversal of the government's position that greenhouse gases are dangerous.
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September 16, 2025
Ga. Justices Won't Reinstate DA Willis To Trump Election Case
The Georgia Supreme Court on Tuesday declined to review a lower court's ruling disqualifying Fulton County District Attorney Fani Willis from the 2020 Georgia election interference case against President Donald Trump and his co-defendants.
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September 15, 2025
FTC Dem Urges Justices Not To Disturb Her Reinstatement
U.S. Federal Trade Commissioner Rebecca Slaughter on Monday asked the U.S. Supreme Court not to block her reinstatement, arguing lower courts were correct in finding that President Donald Trump violated the law when he removed the Democrat from her post without cause.
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September 15, 2025
W.Va., Idaho Tell Justices Trans Sports Bans Based On Science
West Virginia and Idaho urged the U.S. Supreme Court to rule that courts should not use subjective preferences when analyzing whether laws that ban transgender athletes from competing on sports teams different from their sex assigned at birth violate the Constitution.
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September 15, 2025
Rocket Mortgage Can't Defeat DOJ's Racial Bias Suit
A Colorado federal judge has declined to toss the federal government's race discrimination suit against Rocket Mortgage, an appraisal management company and an appraiser, finding, among other things, that Rocket could have requested correction of the appraisal at the heart of the suit.
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September 15, 2025
FAA, SpaceX Get Early Win In Starship Enviro Review Suit
A D.C. federal judge Monday handed a win to the Federal Aviation Administration and SpaceX in litigation alleging they failed to complete an adequate environmental review for SpaceX's Starship rocket launch program, ruling that the analysis was "perhaps imperfect" but ultimately well reasoned.
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September 15, 2025
California Judge Denies Smoke Shops' Bid To Halt Fresno Law
The California city of Fresno can enforce its new restrictions on smoke shops, including limiting their number and banning them from selling flavored tobacco and cannabis products, a California federal judge has ruled, rejecting arguments for a preliminary injunction after determining that the controls are probably constitutional.
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September 15, 2025
Ousted Public Defender's Bias Suit Meets Skeptical Judge
A Connecticut judge on Monday seemed skeptical of a former chief state public defender's challenge to her ouster, questioning whether the lawyer could support her claim that the Public Defender Services Commission should have called live witnesses to testify during an administrative hearing that led to her termination.
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September 15, 2025
FTC Commissioner Says Antitrust Moment Has Been Building
Federal Trade Commissioner Mark R. Meador said Monday the current interest in antitrust enforcement has been building for the last several decades as corporate boardrooms increasingly take control over the economic lives of Americans.
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September 15, 2025
Chancery OKs Public Access To Some SpaceX Suit Docs
Nonprofit news organization ProPublica won a limited Delaware Court of Chancery order Monday for the contested release of some documents and video kept under seal in a Chinese company's suit against a private equity firm over a muffed deal to line up a $50 million investment in SpaceX.
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September 15, 2025
Mich. Says HHS Can't Justify $195M Medicaid Clawback
The state of Michigan urged a federal judge to find that the U.S. Department of Health and Human Services cannot catch a payday for its yearslong delay in affirming a decision to disallow $195 million in Medicaid payments to two state-operated psychiatric hospitals, arguing that the delay runs afoul of federal law and the department's own policies.
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September 15, 2025
Mont. County Asks To Nix Or Pause Tribe's Voting Rights Suit
An Indigenous tribe can't sue Chouteau County, Montana, under the Voting Rights Act because the act protects individual rights, not sovereign or collective rights as the tribe asserts in its lawsuit, the county tells a federal court in bids to toss or pause the suit.
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September 15, 2025
Mich. AG Asks To Move Argument Dates As Shutdown Looms
The Michigan Attorney General's Office has asked for a rain check on upcoming oral arguments at the state Supreme Court in light of a possible state government shutdown at the end of the month.
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September 15, 2025
Wash. Justice Yu To Retire After 25 Years On State Bench
Washington State Supreme Court Justice Mary I. Yu has announced she'll step down at the end of 2025 after a dozen years on the court and nearly a quarter-century on the state bench.
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September 15, 2025
Sports Betting Co. Accuses CFTC Of Blocking Its Registration
Sports betting app Sleeper Markets LLC has accused the Commodity Futures Trading Commission of an "illegal delay" of its bid to become a registered futures commission merchant, calling on the agency's internal watchdog to investigate the status of its application and the "broader potential illegality this incident strongly suggests may be occurring."
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September 15, 2025
Senate Confirms Top Trump Economist To Federal Reserve
The U.S. Senate narrowly confirmed top White House economist Stephen Miran to the Federal Reserve Board on Monday, giving President Donald Trump a close ally at the central bank as he pushes for greater control over the traditionally independent body.
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September 15, 2025
Stewart Says New Policies Seek Fairness For Patent Owners
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart said Monday the numerous changes to patent reviews she has implemented are intended to provide "more balance and fairness" for patent owners, and bring the reviews "back to how they were originally intended."
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September 15, 2025
FCC Says No To Lifeline Co. Coming Under New Management
The Federal Communications Commission is telling a Georgia-based Lifeline-only service provider that it will not be allowed to continue to participate in the federal subsidy program if it goes through with a merger that will see it picked up by Insight Mobile.
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September 15, 2025
NLRB Fights NY Law That Grew State Labor Agency's Power
The National Labor Relations Board is fighting the state of New York's decision to expand its Public Employment Review Board's powers, accusing the state in a new lawsuit of trying to turn its labor agency into a miniature NLRB while the federal agency lacks a quorum.
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September 15, 2025
Trump Once More Floats The End Of The Quarterly Report
President Donald Trump has again suggested that publicly traded companies be allowed to issue financial reports twice a year instead of quarterly, reigniting a debate that stalled during his prior term in office when the U.S. Securities and Exchange Commission did not pursue such rulemaking.
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September 15, 2025
Trump Admin. Defends Biden-Era Rule Limiting Asylum
The U.S. Department of Justice has taken up the mantle of a Biden-era regulation that curtailed the availability of asylum at the southern border, telling a D.C. federal judge that the policy was well within the executive branch's authority.
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September 15, 2025
Brands Say X Corp. Can't Prove Ad Suit Belongs In Texas
Several big-name brands, including Nestlé and Lego, asked a Texas federal judge to deny X Corp.'s bid to conduct jurisdictional discovery in its sprawling antitrust suit accusing advertisers of boycotting X, saying the company was merely trying to conduct a "fishing expedition."
Expert Analysis
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Opinion
Closing The Chemical Safety Board Is A Mistake
The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.
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The Evolving Legal Landscape For THC-Infused Beverages
A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.
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New NY Residential Real Estate Rules May Be Overbroad
New legislation imposing a 90-day-waiting period and tax deduction restrictions on certain New York real estate investors may have broad effects and unintended consequences, creating impediments for a wide range of corporate and other transactions, says Libin Zhang at Fried Frank.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
PFAS Reg Reversal Defies Water Statute, Increasing Risks
The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.
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FTC Focus: Surprising Ways Meador And Khan Sound Alike
Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
Privacy Bill Must Be Amended To Protect Small Businesses
While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.
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Opinion
Budget Act's Deduction Limit Penalizes Losing Gamblers
A provision in the One Big Beautiful Bill Act that reduces the deduction for gambling losses is unfair to professional and recreational players, risks driving online activity to offshore sites, and will set back efforts to legalize and regulate the industry, says Walter Bourdaghs at Kang Haggerty.
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Even As States Step Up, They Can't Fully Fill sa¹ú¼Ê´«Ã½'s Shoes
The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant sa¹ú¼Ê´«Ã½, say attorneys at Covington.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.