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Public Policy
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November 04, 2025
States' Zillow, Redfin Suit In Va. Paused Amid Gov't Shutdown
A Virginia federal judge has granted a joint motion to pause an antitrust suit filed by Virginia and four other states against Zillow Group Inc., Zillow Inc. and Redfin Corp., ruling the suit will be paused until the current federal government shutdown ends.
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November 04, 2025
Calif. Coalition Slams $350M Cut To Minority-Serving Colleges
A coalition of Democratic state and federal California lawmakers is calling on U.S. Education Secretary Linda McMahon to allocate money to support minority-serving colleges and universities, saying the federal government's decision to withhold $350 million in discretionary funding undermines the ability to serve underrepresented communities.
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November 04, 2025
Fla. Law Banning Lab Meat Is Preempted, 11th Circ. Hears
A California company urged the Eleventh Circuit Tuesday to reverse a lower court's decision denying a preliminary injunction against a Florida state law banning lab-grown meat, arguing the Sunshine State's prohibition is federally preempted.
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November 04, 2025
Ex-County Staffer, Housing Leader Admit To Bribery Scheme
A former program director for a Detroit housing nonprofit and former Wayne County taxpayer assistant pled guilty Tuesday to operating a scheme to remove homes from the county's foreclosure list to fraudulently transfer to new ownership and sell the properties.
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November 04, 2025
9th Circ. Revives Ore. Right To Life Suit: 3 Things To Know
A divided Ninth Circuit panel sided with an Oregon anti-abortion group last week and reinstated its lawsuit challenging a state law that requires health plans to cover abortion and contraceptives.
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November 04, 2025
Wash. AG Launches Public Records Unit To Up Transparency
The Washington State Office of the Attorney General is launching a new unit designed to expand access to government records, the office announced on Tuesday, noting that public records requests in the state have nearly doubled over the past decade.
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November 04, 2025
'Chinese Military' Tag Is Unlawful, Drone Maker Tells DC Circ.
Drone maker DJI has taken its arguments that the Pentagon unlawfully labeled it a "Chinese military company" to a higher court.
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November 04, 2025
Alcohol Interests Urge Congress To Ban Intoxicating Hemp
Alcohol industry trade organizations on Tuesday urged congressional leaders to close the federal policy loophole that allowed for the proliferation of loosely regulated products containing intoxicating THC derived from hemp.
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November 04, 2025
DHS Accelerates New Rule To Protect Property, Citing Unrest
The U.S. Department of Homeland Security said Tuesday that a rule aimed at helping protect federal property must take effect this week, rather than in January, due to a "cascade of violence" threatening federal buildings and law enforcement officers.
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November 04, 2025
Top Groups Lobbying The FCC
October's government shutdown didn't snuff out lobbying efforts at the Federal Communications Commission. While the number of disclosed appearances fell sharply, various groups managed to share their views on broadband "nutrition" labels, next-generation TV, C-band spectrum, anti-robocall rules and more.
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November 04, 2025
Okla. Tribes Push For Quick Win In Gaming Compact Dispute
Three Oklahoma tribes are asking a D.C. federal court for a summary judgment win in a dispute over Class II gaming compacts with the state, arguing that the governor lacked authority to enter into the agreements with two other tribes.
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November 04, 2025
DOJ Ignores Court Discovery Order In Letitia James Case
The U.S. Department of Justice has refused to provide New York Attorney General Letitia James access to documents related to her October indictment on mortgage fraud charges, arguing Tuesday that a Virginia federal judge was too early in making the discovery order.
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November 04, 2025
Confirmation Ends Dem-Appointed Judges' Lock On 1st Circ.
The Senate voted 52-46 on Tuesday to confirm Joshua D. Dunlap, a partner at Pierce Atwood LLP, to the First Circuit.
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November 04, 2025
Ohio Board Bumps Apartment Building's Value
An apartment building should have its value increased from $24 million to $41.5 million based on its most recent sales price, the Ohio Board of Tax Appeals ruled.
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November 04, 2025
Ex-Conn. Official Gets Sentencing Delayed Pending 2nd Trial
A Connecticut federal judge on Tuesday indefinitely delayed sentencing for Konstantinos "Kosta" Diamantis, a former Connecticut budget official convicted of soliciting and accepting bribes connected to school construction projects, after defense counsel requested a pause until a second trial on unrelated corruption charges concludes.
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November 04, 2025
2nd Circ. Hints Bankman-Fried's $11B Forfeiture Is Overkill
The Second Circuit suggested Tuesday that the government's $11 billion forfeiture order against Sam Bankman-Fried may be unconstitutionally large, noting that the staggering amount tops the raft of cases tasking the court with determining if such money judgments pass Eighth Amendment muster.
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November 04, 2025
Approach The Bench: Justice McKenna On Earning Her Master's
Sabrina McKenna, acting chief justice of the Hawaii Supreme Court, had been on the bench for about three decades before she decided to go back to school to study the work of judging.
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November 03, 2025
Feds Defend Cases Against James Comey, Letitia James
The U.S. Department of Justice on Monday took a swing at bids by former FBI Director James Comey and New York Attorney General Letitia James to get their indictments thrown out, telling a federal judge the appointment of interim U.S. Attorney Lindsey Halligan was valid.
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November 03, 2025
'Frankly, They're Irrelevant:' ABA Ratings In Trump's 2nd Term
The American Bar Association, long considered the gold standard for rating judicial nominees, no longer gets to interview them as Trump officials claim the group's "not qualified" rating for some nominees during Trump's first term shows it is a biased and "leftist" organization. Ironically though, ABA ratings for President Donald Trump's second-term picks are mostly positive so far.
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November 03, 2025
Squires' First Orders Reject PTAB Petitions En Masse
U.S. Patent and Trademark Office Director John Squires, true to his word, rejected 13 petitions for inter partes review with no explanation, furthering the administration's controversial push toward narrowing the Patent Trial and Appeal Board's place in patent litigation.Â
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November 03, 2025
BofA Says It's Fielding 'Fair Access' Regulatory Inquiries
Bank of America Corp. has told investors it is facing government scrutiny tied to President Donald Trump's push to crack down on alleged political and religious discrimination by financial institutions.
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November 03, 2025
DOJ Taps Hall Render Atty As UnitedHealth Merger Monitor
The U.S. Department of Justice asked a Maryland federal judge Monday to appoint a Hall Render Killian Heath & Lyman PC shareholder as compliance monitor as part of the settlement allowing UnitedHealth Group's merger with Amedisys.
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November 03, 2025
Dems Demand FTC Probe Into Surveillance Co.'s Data Use
Two Democratic U.S. lawmakers urged the Federal Trade Commission on Monday to investigate Flock Safety over its purported failure to implement adequate cybersecurity measures, saying the surveillance technology company has exposed Americans' personal data to theft by hackers and foreign spies.
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November 03, 2025
5th Circ. Wary Of Greenlighting Texas Content Filter Law
A Fifth Circuit panel seemed wary of Texas' argument that it should decide the constitutional merits of a new state law that forces companies to filter content for underage users, saying Monday the district court ought to get a chance to hear more evidence.
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November 03, 2025
OpenAI Sets Policy Against Legal, Medical Advice
OpenAI has updated its user policy across its artificial intelligence platforms, including ChatGPT, saying its products can't be used by individuals to provide any legal or medical advice.
Expert Analysis
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Parsing Trump Admin's First 6 Months Of SEC Enforcement
The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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The Consequences Of OCC's Pivot On Disparate Impact
The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.
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FDA Transparency Plans Raise Investor Disclosure Red Flags
The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.
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Rising USCIS Denials May Signal Reverse On Signature Policy
Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits
A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.
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How FDIC Appeals Plan Squares With Fed, OCC Processes
The Federal Deposit Insurance Corp.'s recent proposal to revise its appeals process merits a fresh comparison to the appeals systems of the Federal Reserve and Office of the Comptroller of the Currency, and would provide institutions with greater transparency and independence, say attorneys at Alston & Bird.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'
The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.