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Public Policy
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September 04, 2025
10th Circ. Backs Firearms Ban For Those Under Indictment
The Tenth Circuit has upheld a ban on receiving firearms while under federal criminal indictment, finding a Utah man did not have his rights violated under the U.S. Supreme Court's recent Bruen decision.
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September 04, 2025
NY AG Appeals Toss Of $500M Trump Fine In Civil Fraud Case
New York's attorney general said Thursday she will challenge an appeals court's decision to throw out what it called an "excessive" $489 million civil fraud penalty against President Donald Trump and his sons, his companies, and executives of his companies.
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September 04, 2025
Ex-Pandemic Office Inspector General Tapped To Be US Atty
Brian Miller, the former special inspector general for pandemic recovery, has been quietly tapped to be a U.S. attorney for the Middle District of Pennsylvania.Â
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September 04, 2025
Wash. Justices Endorse Broad View Of Pay Transparency Law
Washington state's high court held in a 6-3 ruling Thursday that a job applicant may sue a prospective employer for violating a state law requiring job postings to include wage scales without proving they are a "bona fide" or "good faith" applicant, rejecting employers' bid to narrow that definition amid a wave of lawsuits.
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September 04, 2025
Albertsons Says Kroger CEO Docs Fair Game In Del. Suit
An attorney for Albertsons Companies Inc. told a Delaware vice chancellor Thursday the food and drugstore giant should get access to The Kroger Co.'s documents related to CEO Rodney McMullen's abrupt exit from the job months after the collapse of the two companies' planned $25 billion merger.
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September 04, 2025
Ex-Aide To Newark, NJ's Mayor Admits Fraud Conspiracy
A former senior aide to the mayor of Newark, New Jersey, has pled guilty to conspiracy to commit honest services fraud in connection with a cash-for-permits bribery scheme, federal prosecutors announced Thursday.
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September 04, 2025
Feds Don't Have Immunity In NM Wildfire Row, Court Told
The U.S. Forest Service's failure to comply with a plan for the Santa Fe National Forest means it cannot avoid liability by invoking an "overarching discretionary enterprise" of prescribed burning that led to the destruction of nearly 43,000 acres, a New Mexico tribe, an electric cooperative and others argue.
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September 04, 2025
DOJ Moves To End Challenge To RFK Jr.'s Vaccine Directive
The Justice Department is seeking a quick exit from a suit challenging Robert F. Kennedy Jr.'s directive recommending against the COVID-19 vaccine for pregnant women and children, telling a Massachusetts federal court Thursday that the three women and coalition of medical associations behind the suit can't demonstrate a link between the directive and any potential injuries.
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September 04, 2025
Empty Advisory Boards Have Attys Worried About USPTO
U.S. Secretary of Commerce Howard W. Lutnick removed all members of the U.S. Patent and Trademark Office's public advisory committees in March and those seats have remained empty, raising concerns that the agency's leadership is operating in an echo chamber.
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September 04, 2025
Ill. Toymakers Ask Justices To Resolve Tariff Suit Venue Split
A pair of toymakers asked the U.S. Supreme Court Thursday to resolve a jurisdictional dispute concerning challenges to President Donald Trump's emergency tariffs, saying the justices should hear their case at the D.C. Circuit along with the federal government's just-filed appeal of a Federal Circuit decision that invalidated Trump's tariffs.
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September 04, 2025
Monthly Merger Review Snapshot
The Justice Department settled a challenge to UnitedHealth's $3.3 billion home hospice acquisition while Democrats called for a judge to reject a different government settlement and the Federal Trade Commission moved against medical technologies transactions for heart valves and device coatings.
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September 04, 2025
Judge Questions Defense Dept. Cap On Research Costs
A Massachusetts federal judge weighing whether to vacate a U.S. Department of Defense cap on administrative costs for research funding programs said Thursday that the government appeared to have ignored a series of injunctions in similar challenges to Trump administration grant cuts and terminations when it imposed the across-the-board limits.
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September 04, 2025
Solar Co. Meyer Burger Unit Gets OK For $29M Ch. 11 Sale
The U.S. unit of Swiss solar-panel maker Meyer Burger secured a Delaware bankruptcy judge's approval Thursday to sell its assets for $28.7 million in Chapter 11, defeating an objection to the deal from unsecured creditors who charged that it benefits secured creditors but no one else.
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September 04, 2025
DC Circ. Probes NLRB's 'Successor' Bar After Loper Remand
A D.C. Circuit panel pressed a National Labor Relations Board attorney Thursday to identify the board's legal basis for its so-called successor bar in a case that asks the court to ponder its deference to the NLRB following last year's U.S. Supreme Court ruling scaling back courts' respect for agencies' views.
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September 04, 2025
5th Circ. Panel Presses NLRB Over 'Menu Of Remedies'Â
A Fifth Circuit judge pushed counsel for the National Labor Relations Board to explain why make-whole remedies should cover things like late fees on credit cards or child care costs, asking Thursday if the agency wished to put companies out of business.
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September 04, 2025
India Cuts Consumption Taxes As 50% US Tariff Takes Effect
The Indian government approved cuts to hundreds of goods and services tax rates in an effort to alleviate pressure on consumers as a 50% U.S. tariff begins to weigh on the country's economy.
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September 04, 2025
PBMs Look To Toss FTC's Insulin Pricing Case
Caremark Rx, Express Scripts and OptumRx have asked to dismiss the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices, saying the agency is exceeding its authority to address "unfairness."
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September 04, 2025
RFK Renews Attacks On CDC At Fiery Capitol Hill Appearance
U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. faced intense questioning from lawmakers on Capitol Hill on Thursday, with a handful of Republicans joining Democratic senators in voicing alarm over recent turmoil in vaccine policy and in leadership at the Centers for Disease Control and Prevention.
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September 04, 2025
Trump's Wind Project Halt Faces Suits From Conn., RI, Ørsted
The decision by President Donald Trump's administration to stop a nearly completed wind project slated to power the New England region was met with two lawsuits on Thursday, with the attorneys general of Connecticut and Rhode Island and developer Ørsted seeking to resume construction.
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September 04, 2025
FCC's Deregulatory Push Called Blueprint For Other Agencies
A conservative group said the Federal Communications Commission's recent initiative to shed regulations viewed as obsolete should serve as a model for other federal agencies looking to slash rules.
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September 04, 2025
FERC Nominee Says He Supports Review Of Removal Protections
A Federal Energy Regulatory Commission nominee said Thursday that he hopes the U.S. Supreme Court will rethink long-standing tenure protections guaranteed for members of independent agencies, raising the eyebrows of U.S. senators concerned about FERC's future under President Donald Trump.
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September 04, 2025
2nd Circ. Says Prison Violated Tribal Rights Of Two Inmates
Two Native American inmates can pursue their First Amendment claims against Connecticut prison officials after they were barred from participating in sweat lodge and smudging ceremonies, the Second Circuit determined, saying there was no penological justification for the request denials.
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September 04, 2025
DOL Details Independent Contractor, Joint Employer Plans
The U.S. Department of Labor is planning to undo an independent contractor rule and potentially put in place guidance on joint employer liability, among other updates, according to a regulatory agenda unveiled Thursday. Here’s a look at the wage and hour actions in the agenda.
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September 04, 2025
Life Insurer Accused Of Policy Rescission Scheme
A life insurer violated Arkansas law by broadly denying policy benefits to residents for reasons causally unrelated to a given policy owner's death, a woman told a federal court, saying the state Legislature expressly prohibited such conduct more than 10 years ago.
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September 04, 2025
Unions Defend Challenge To Federal Work Safety Agency Cuts
Unions representing nurses, teachers, miners and factory workers have asked a Washington, D.C., federal judge to preserve their challenge to the Trump administration's cuts to the National Institute of Occupational Safety and Health, saying they have standing to sue because they "rely on NIOSH's lifesaving work."
Expert Analysis
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Nuclear Stakeholders Must Prepare For Cyber Threats
As the White House signals its support for a revival of nuclear power to supply the power needs of data centers and the artificial intelligence industry, investors and operators must keep in mind that safeguarding nuclear infrastructure from evolving cyber threats will be essential, say attorneys at A&O Shearman.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Business Court Bill Furthers Texas' Pro-Corporate Strategy
The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.
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Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty
The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.
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FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda
While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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What To Expect As UK, US Gov'ts Develop Stablecoin Policies
While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.
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Lawsuit, Exec Orders Should Boost Small Modular Reactors
A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Congress Crypto Movement Could Bring CFTC 'Clarity' At Last
The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.
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What Employers Can Learn From Axed Mo. Sick Leave Law
Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.
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Preparing For Trump Pushback Against State Climate Laws
An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.
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Practical Implications Of SEC's New Crypto Staking Guidance
The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.