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Public Policy

  • October 17, 2025

    Federal Courts To Scale Back Operations Amid Shutdown

    The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.

  • October 17, 2025

    Native Policy Roundup: $128M Protects Tribal, Farm Lands

    Despite the U.S. government moving into its third week of a shutdown, state and federal lawmakers continue to introduce — and approve — legislation toward advancing Native American rights and sovereignty. Law360 examines some of the state, federal and tribal legislation and policies introduced in the past week

  • October 17, 2025

    Lawmakers Press DOD To Undo Weapons Testing Office Cuts

    Two Democratic lawmakers pushed the U.S. Department of Defense to explain and reverse funding, staff and program cuts for an independent office that evaluates weapons systems, saying they are concerned the cuts will waste tax dollars and put service members at risk.

  • October 17, 2025

    Texas Farm Bureau Suit Alleging USDA Discrimination Stayed

    A Texas federal judge on Thursday opted to stay the Texas Farm Bureau's suit against the USDA over the agency's alleged preferential treatment of minority farmers while a similar case plays out.

  • October 17, 2025

    USPTO Head To Take Over Patent Review Institution Decisions

    John Squires, director of the U.S. Patent and Trademark Office, said Friday that he will now make all decisions on whether to institute America Invents Act reviews of patents, including on the merits of the challenge and discretionary issues, in a major overhaul of the review system.

  • October 17, 2025

    NC Justices Say Doctor Can't Appeal Dismissal Denial

    The North Carolina Supreme Court on Friday denied a doctor and hospital's attempt to reverse an appeals court order upholding the denial of their requests to dismiss a malpractice suit, saying they did not have the right to appeal the denial in the first place.

  • October 17, 2025

    Industry Calls On Policymakers To Tackle Telecom Vandalism

    Growing theft and vandalism of telecom lines can trigger not only immediate costs, but broader economic and social ripple effects from network shutdowns, a wireless infrastructure group warned in a pair of new reports issued to support the group's call for stepped-up law enforcement.

  • October 17, 2025

    UN Shipping Agency Delays Carbon Price Opposed By US

    The United Nations' shipping agency agreed Friday to postpone for one year its plan to introduce a global carbon price, which the U.S. government opposes, having called it a "global carbon tax."

  • October 17, 2025

    Va. Judge Orders Bond Hearing For Detained Salvadoran

    A Virginia federal judge ordered the Trump administration to provide a bond hearing before an immigration judge for a Salvadoran man who U.S. Immigration and Customs Enforcement detained in August, rejecting the government's argument that he is subject to mandatory detention.

  • October 17, 2025

    9th Circ. Upholds Nigerian's Asylum Denial For Marriage Fraud

    An immigration judge reasonably denied a Nigerian man's application for asylum after finding him not credible based on a prior marriage fraud admission, a Ninth Circuit panel ruled.

  • October 16, 2025

    Proposed New Rules Would Cut Off Many PTAB Challenges

    The U.S. Patent and Trademark Office proposed rules Thursday that would prevent inter partes reviews challenging patents from being instituted in many scenarios, and attorneys said implementing the plan would significantly reduce challenges and make them far less appealing to accused infringers.

  • October 16, 2025

    Unions Challenge Feds' AI Surveillance Of Noncitizens' Views

    Three labor unions sued the Trump administration in New York federal court Thursday to stop a surveillance program they allege scours online activity for viewpoints the administration doesn't like and leverages the threat of immigration enforcement to coerce silence.

  • October 16, 2025

    FEMA Ordered To Restore $34M NY Anti-Terror Funds

    A Manhattan federal judge on Thursday ordered the Trump administration to restore nearly $34 million in slashed funds to protect New York's massive transit system from terrorism, saying the White House unlawfully tied the state's grant to immigration policy.

  • October 16, 2025

    Smartmatic Faces FCPA Indictment In Philippine Bribery Case

    A Florida federal grand jury on Thursday returned a superseding indictment that adds charges against Smartmatic, which wasn't previously a party to prosecutors' case accusing former executives at the voting machine company of bribing an elections official in the Philippines to secure contracts.

  • October 16, 2025

    Fed. Judge Keeps X's Suit Against Apple, OpenAI In Texas

    A Texas federal judge told X Corp, Apple and OpenAI that they ought to move their headquarters to Fort Worth if they like litigating in Cowtown so much, opting Thursday to keep X and xAI's sweeping antitrust suit against Apple and OpenAI in the Lone Star State.

  • October 16, 2025

    Why Ethics Complaints Against Halligan Face 'Very High Bar'

    Interim U.S. Attorney Lindsey Halligan for the Eastern District of Virginia could face bar disciplinary action or court sanctions if the prosecutions she's pursuing at President Donald Trump's behest are found to be politically motivated or baseless, although proving ethics allegations will be an uphill battle, experts say.

  • October 16, 2025

    Farmers Urge Wash. Justices To Void Fuel Exemption Regs

    A Washington Supreme Court justice suggested Thursday that the state's framework for an exemption under its greenhouse gas "cap-and-invest" program has fallen short of lawmakers' express goal of ensuring farmers have access to surcharge-free fuel for agricultural purposes.

  • October 16, 2025

    Lumen Wants 'Speculative' $1.4B Pension Swap Suit Tossed

    Lumen Technologies Inc. asked a Colorado federal court to throw out a proposed class action alleging it wrongly transferred obligations for a $1.4 billion pension fund to a private equity-controlled insurance company, calling it "speculative" and arguing that retired employees can't show they've been harmed by the move.

  • October 16, 2025

    Tech Group Aims To Ax Texas' App Store Age Verification Law

    A new Texas law that requires app store owners to verify users' ages and block minors from downloading apps or making in-app purchases without parental consent unconstitutionally imposes a "broad censorship regime" on the entire mobile app ecosystem, a tech industry trade group argued in a lawsuit Thursday seeking to strike down the measure.

  • October 16, 2025

    Kalshi Tells 4th Circ. Md. Is Stepping On CFTC Oversight

    Maryland federal judge was wrong to reject sports betting company Kalshi's argument that its so-called prediction market, which allows users to wager on the outcome of real-world events, counts as a federal derivative exchange, the company said to the Fourth Circuit.

  • October 16, 2025

    Ex-Va. Federal Prosecutor Joins NY AG James' Defense Team

    The former deputy criminal chief for the U.S. Attorney's Office in Norfolk, Virginia, on Oct. 16 joined the team defending New York Attorney General Letitia James in the government's case accusing her of mortgage-related fraud, filed after the president encouraged prosecutors to take action against his "guilty as hell" political opponents.

  • October 16, 2025

    Trump Unveils IVF Drug Pricing Deal: 'We Want More Babies'

    President Donald Trump on Thursday unveiled two initiatives he said were designed to enhance the accessibility and affordability of in vitro fertilization.

  • October 16, 2025

    NY Counties Want Court To Toss Rest Of 911 Tribal Bias Suit

    Two New York counties have asked a federal judge to rethink her dismissal of only part of a lawsuit brought by the Cayuga Nation that accuses the counties of refusing to forward 911 calls made from the tribe's land to the tribal police unless the nation pays to connect the force to the counties' 911 system.

  • October 16, 2025

    Justices Told Presidential Firing Limits Rely On 'Soured' Logic

    President Donald Trump and a cadre of supporters have urged the U.S. Supreme Court to wipe out what remains of a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, arguing the decision was flawed when originally issued and is now well past its prime. 

  • October 16, 2025

    Closed Pot Shops Can't Stop Future Enforcement, DC Argues

    A lawsuit seeking to halt the District of Columbia from penalizing and closing any more recreational marijuana shops should be dismissed, the city has told a federal court, arguing the retailers can't sue because they are either already closed or have failed to show they will be targeted.

Expert Analysis

  • Opinion

    Aviation Watch: Liability Lessons From 737 Max Blowout

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    The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.

  • Genius Act Sets Stablecoin Standards — Without Regulation E

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    While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.

  • Breaking Down The Proposed Hemp Bill

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    A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.

  • Opinion

    Sometimes Int'l Competition Should Trump Antitrust Concerns

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    The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.

  • Divest Order Shows How Security Fears Extend CFIUS Scope

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    A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.

  • Art Market Must Prepare For More AML Scrutiny

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    Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.

  • NY Tax Talk: ALJ Vacancy, Online Sales, Budget

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    Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • Lessons Learned 3 Years After First CCPA Enforcement Action

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    Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.

  • Utility Agency Suits May Rise As Calif. Justices Nix Deference

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    A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • How Tariffs Can Affect Event Studies In Securities Litigation

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    When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.

  • A Look At Robinson-Patman Enforcement In The MLM Industry

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    The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.

  • A Former PTAB Judge Weighs The End Of Remote Hearings

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    Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.

  • How Proposed FAA Rule May Streamline Drone Operations

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    The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.

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