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Public Policy
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September 17, 2025
PTAB Told Variations From Prior Rulings Require Explanation
The U.S. Patent and Trademark Office has told Patent Trial and Appeal Board judges that they must now explain any decisions that have a different outcome from an earlier ruling on the same patent or similar patent claims, either by the patent office or in litigation.
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September 17, 2025
AM Radio Bill Makes It Through House Committee, Again
More than two-thirds of the House of Representatives have signed on to co-sponsor a bill that would prevent automakers from removing AM radios from their vehicles, so it came as no surprise when the bill sailed through markup Wednesday afternoon.
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September 17, 2025
9th Circ. Judge Hints At Upholding Seattle Housing Ordinance
A Ninth Circuit judge suggested on Wednesday that a waiver provision written into a Seattle affordable housing policy is enough to "save" the ordinance from a homeowner's constitutional claim that it kept her from realizing her property's full value by adding townhomes. Â
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September 17, 2025
Judge Rejects Trump Admin's Bid To Shield Climate Group
A Massachusetts federal judge on Wednesday rejected the Trump administration's assertion that its climate change working group is exempt from a statute governing the transparency of advisory committees, but also denied environmentalists' push to get their hands on the group's records.
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September 17, 2025
Crypto Exchange Bullish Gets BitLicense From NY Regulator
Venture-backed crypto exchange Bullish announced Wednesday that it has obtained a so-called BitLicense from the New York State Department of Financial Services, allowing it to offer crypto spot trading and custody to institutions and sophisticated investors in the state.
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September 17, 2025
Del. Judge's US Atty Application Plan Draws Blanche's Ire
Delaware's chief district judge, a Trump appointee, is seeking applications for the state's U.S. attorney position to prepare for an upcoming vacancy in the interim position, a move that drew the ire of Deputy U.S. Attorney General Todd Blanche on Wednesday.
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September 17, 2025
9th Circ. Denies Appeal Of Wash. Anti-Vaxxers' Med Board Suit
The Ninth Circuit on Wednesday rejected an appeal brought by Robert F. Kennedy Jr. on behalf of anti-vaxxers challenging a Washington state medical board's disciplinary proceedings against doctors who allegedly spread false information about COVID-19.
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September 17, 2025
Colo. Judge Certifies U Visa App In GEO Forced Labor Suit
A Colorado federal judge certified a U visa application for the class representative in a 2014 suit involving forced labor claims against private prison company GEO Group, after he told the court that immigration officials said he could be detained during a check-in this week.
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September 17, 2025
Probationer's Speech Not A 'True Threat,' NC Panel Finds
Statements a probationer made to a friend while stressed out and fearful over going to jail did not constitute a "true threat," so a trial court erred when it found him in violation of his probation, a North Carolina state appeals court panel ruled Wednesday.
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September 17, 2025
Boeing, DOJ Say FAA Fines Don't Sway Conspiracy Case
Boeing and the federal government have told a Texas federal judge that the Federal Aviation Administration's recent proposal to fine Boeing $3.1 million for safety violations shouldn't factor into the 737 Max 8 criminal conspiracy case they're hoping to have wiped from the docket.
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September 17, 2025
FCC Told To Take Care When Adding AI To Public Alerts
As the Federal Communications Commission mulls how to best overhaul its emergency alert rules, one California county is warning the agency to tread carefully when it comes to adopting emerging technologies like artificial intelligence.
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September 17, 2025
FDA Says Vape Manufacturer Lying About Marketing Approval
The U.S. Food and Drug Administration on Tuesday sued manufacturers of flavored vapes in New Jersey federal court to seek an end to their sales, saying that they are falsely representing that their products had received marketing approval.
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September 17, 2025
9th Circ. Seems Split On School Principal's Free Speech Suit
A Ninth Circuit panel appeared split on Wednesday over a Washington state public school employee's claims that he was unfairly punished for a political rant on Facebook, with one judge pushing back on his stance that he was speaking privately while also balking at the district's position that the post was disruptive.
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September 17, 2025
Criminal Restitution Fails Defendants, Victims, Report Says
Federal criminal restitution often fails to benefit victims of crime and throws defendants into a "Sisyphean struggle" with debt, with $100 billion in outstanding restitution deemed uncollectable, according to a report released this week by the National Association of Criminal Defense Lawyers.
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September 17, 2025
Media Matters Again Denied Transfer Of X's Nazi Posts Suit
Media Matters for America must remain in Texas for X Corp.'s defamation lawsuit over a story about ads running alongside Neo-Nazi content, after a federal judge again refused Tuesday to transfer the case to California following a Fifth Circuit decision nixing a previous rejection of transfer.
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September 17, 2025
Don Jr.-Backed Patent Co. Hires Nokia Licensing Exec
SIM IP, the newest venture by high-profile patent monetizer Erich Spangenberg, has brought on Nokia's chief licensing officer to serve as managing director.
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September 17, 2025
Tribal Members Tell 9th Circ. Tariff Suit Belongs In Fed. Court
Counsel for members of the Blackfeet Nation tribe told the Ninth Circuit on Wednesday their suit challenging President Donald Trump's emergency tariffs should stay in federal district courts, where constitutional and congressional claims over tribal commerce must be heard.
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September 17, 2025
3rd Circ. Weighs Limits On NJ Medical Aid In Dying Act
The Third Circuit on Wednesday considered whether a Delaware woman with terminal cancer can challenge New Jersey's residency requirement for medical aid in dying, even though she has yet to be certified as having six months or less to live.
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September 17, 2025
Trump Admin Can't Get Suit Challenging Voting Order Tossed
A Massachusetts federal judge declined Wednesday to dismiss a lawsuit challenging the Trump Administration's executive order requiring physical proof of citizenship to vote and invalidating ballots received after Election Day.
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September 17, 2025
8th Circ. Backs Dismissal Of FDIC Fee Guidance Challenge
The Eighth Circuit on Wednesday rejected a banking industry challenge to Biden-era Federal Deposit Insurance Corp. guidance that cautioned banks about charging recurring fees on declined transactions, ruling the matter not ripe for court review.
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September 17, 2025
Texas Judge Slashes Suit Over Anti-Sanctuary Law
A Texas federal judge gutted a suit by local governments and officials challenging a Texas law prohibiting local officials from limiting cooperation with federal immigration enforcement, tossing claims against the state and Gov. Greg Abbott and leaving Attorney General Ken Paxton as the sole state defendant.
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September 17, 2025
Satellites Belong In FCC's Enviro Reviews, Agency Told
The Federal Communications Commission can't justify excluding potentially luminous satellites from environmental reviews keyed to industries under its jurisdiction, a group fighting light pollution said.
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September 17, 2025
House Votes To End DC Judicial Nominations Commission
The U.S. House of Representatives voted 218-211 along party lines on Wednesday to eliminate the commission that vets and picks potential judicial nominees for Washington, D.C.'s local courts.
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September 17, 2025
Charter Can't Dodge Cable Royalties In Texas, 5th Circ. Rules
Charter Communications cannot avoid paying a 3% royalty for the use of cable permits in three Texas cities' rights of way, regardless of a change in state permitting law, the Fifth Circuit ruled Wednesday.
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September 17, 2025
Democrats Push Wealth Tax Targeting Billionaires' Assets
Billionaires would pay higher taxes on their unrealized gains from property, stocks and other valuable assets under legislation reintroduced Wednesday by Senate Finance Committee ranking member Ron Wyden and other congressional Democrats.
Expert Analysis
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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.
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How The Genius Act May Aid In Fight Against 'Pig Butchering'
​​​​​​​The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.