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Public Policy
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October 28, 2025
5 Federal Circuit Clashes To Watch In November
The Federal Circuit's argument calendar for November includes a challenge to an Idaho state law aimed at hindering "patent trolls," and a bid to revive a $40 million jury verdict against Shopify that a judge discarded, citing "unclear" testimony from the patent owner's expert.
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October 28, 2025
Treasury Urged To Embrace Tech In Crypto Compliance Push
Cryptocurrency advocates and bank trade groups both urged the U.S. Department of the Treasury to issue guidance that will enable them to use novel technologies to keep up with illicit finance threats in digital asset markets, although banks cautioned the regulator to keep institutions and crypto upstarts on equal footing when it comes to burdens to fight money laundering.
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October 28, 2025
Judge Blasts 'Messy' Bid To Halt DHS Voter System Changes
A D.C. federal judge Tuesday torched emergency filings seeking to reverse recent changes to the U.S. Department of Homeland Security's Systematic Alien Verification for Entitlements system, calling the documents "difficult to understand" and "messy," and signaling that she likely won't grant an emergency injunction ahead of state elections next week.聽
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October 28, 2025
sa国际传媒 Calls Off Nonbank 'Fine Print,' Enforcement Registries
The Consumer Financial Protection Bureau on Tuesday continued its rollback of Biden-era policies, finalizing the closure of its nonbank enforcement registry and formally scrapping a plan to track financial firms' use of liability waivers and other "fine print" contract terms.
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October 28, 2025
New Frank's Landing Council Asks To Halt State Court Actions
Newly appointed council members of a self-governing dependent Native American community, who sued a Washington court clerk to stop her from asserting jurisdiction in an underlying lawsuit about supervision of a school in Indian Country, asked a federal judge to order her to cease performing ministerial duties for now.
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October 28, 2025
Former NATO Adviser Heads To UN For Legal Affairs Role
A former legal adviser at the North Atlantic Treaty Organization has been appointed to serve the United States in the position of assistant secretary-general for legal affairs at the United Nations.
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October 28, 2025
Gov't Must Avoid Overlapping AI Regs, Trade Group Says
The White House needs to pursue an "integrated national strategy" when it comes to artificial intelligence so that regulations and requirements don't end up overlapping, according to a broadband trade group.
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October 28, 2025
NPR Says Its Grant Funds Should Be Frozen, Not Spent
The Corporation for Public Broadcasting threw NPR under the bus and snatched its funding back to appease the president and save its own neck, and it should be blocked from spending that money until NPR's legal challenge has played out, the news outlet told a court.
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October 28, 2025
Trump Admin Ordered To Halt Some Shutdown-Linked Layoffs
A California federal judge on Tuesday granted a preliminary injunction to eight unions for federal workers who lost their jobs during the government shutdown, saying they were likely to succeed on their claims that the Trump administration's actions were "political retribution" and unlawful.
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October 28, 2025
Wash. Justices Open To Meta's Political Ad Law Challenge
The Washington Supreme Court appeared receptive Tuesday to Facebook parent company Meta's appeal of a $35 million judgment in a case over political advertising disclosure violations, with at least two justices emphasizing the purported burden the state's requirements impose on digital platforms.
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October 28, 2025
Activists Drop Challenge To FDA Inaction On Menthol Cigs
A lawsuit accusing the U.S. Food and Drug Administration of slow-walking the Biden administration's proposed ban of menthol cigarettes was voluntarily dismissed, months after the Trump administration withdrew the ban entirely.
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October 28, 2025
Jushi Sues Doordash, Beverage Sellers Over Hemp Products
A medical marijuana company owned by cannabis giant Jushi Holdings has sued delivery company DoorDash and beverage industry players, alleging they colluded to sell intoxicating hemp products that mirror marijuana's effects.
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October 28, 2025
FCC Floats Rules To Streamline Space Biz Licensing
The Federal Communications Commission on Tuesday proposed expediting space and earth station licensing rules and starting a spectrum rework in six upper microwave bands.
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October 28, 2025
FCC Aims To Chop Several Broadband 'Nutrition' Label Regs
Republicans on the Federal Communications Commission proposed Tuesday to jettison multiple Democrat-imposed requirements on internet service providers that were meant to give shoppers more information about the prices and data speeds of broadband plans.
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October 28, 2025
Green Groups Ask DC Circ. To Revive Climate Grant Class Suit
Green groups and local governments are asking the D.C. Circuit to revive their now-dismissed proposed class action accusing the Trump administration of illegally terminating a $3 billion environmental justice block grant program.
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October 28, 2025
Curaleaf Asks For Quick Action On NJ Pot Shop Union Rule
Cannabis giant Curaleaf's ability to operate in New Jersey could be in jeopardy by the end of the week, it told a federal judge Tuesday when seeking an expedited hearing on its motion to block the state's cannabis regulator from requiring the company to adopt labor peace agreements with unions.
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October 28, 2025
FCC Raises Prison Phone Rate Caps, Scrapping Dems' Effort
The Federal Communications Commission Tuesday revamped the rate cap structure for jail and prison phone calls, allowing providers to charge higher per-minute rates and wiping out a Democratic rule that addressed the same issue a year ago.
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October 28, 2025
NM Appeals Court Tosses Challenge To Santa Fe Mansion Tax
New Mexico real estate agents who contend that Santa Fe's recently adopted 3% tax on home sales over a million dollars is unlawful don't have standing to challenge the ordinance, a state appeals court said in a dismissal.
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October 28, 2025
Ill. Judge Orders Daily Appearances From Border Patrol Chief
An Illinois federal judge has ordered a top Border Patrol official overseeing the Trump administration's immigration enforcement surge in Chicago to appear before her every weekday ahead of a Nov. 5 preliminary injunction hearing and to wear a body camera, after she questioned him on the stand Tuesday about his agency's recent uses of force.
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October 28, 2025
Colo. Appellate Panel Backs Order To Donate Pre-Embryos
Colorado appellate judges have upheld a state trial court finding that a nonmarried couple must donate their cryogenically preserved pre-embryos that were created before the dissolution of their relationship.
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October 28, 2025
Raleigh Urges NC Justices To Stop 'Windfall' For Developers
Without reversal of a trial court's class certification order, a lawsuit seeking refunds for fees levied to hook up to Raleigh's water and sewer system will result in duplicative "windfall" payments and spinoff litigation, the North Carolina Supreme Court was told Tuesday.
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October 28, 2025
Full 5th Circ. To Rehear West Texas A&M Drag Ban Case
The full Fifth Circuit has agreed to rehear an LGBTQ+ student organization's challenge to the West Texas A&M University's ban on campus drag shows, after a split panel in August tossed a decision allowing the university to continue its ban.
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October 28, 2025
Grassley聽Calls On Judiciary To Formally Regulate AI Use
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, is calling on the federal judiciary to set formal policies regarding artificial intelligence after he exposed two mishaps involving federal judges in New Jersey and Mississippi.
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October 28, 2025
EEOC Gets Back Quorum It Lost After January Firings
The U.S. Equal Employment Opportunity Commission regained full decision-making power Monday when a Republican appointee and former assistant U.S. attorney was sworn in as a commissioner.
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October 28, 2025
Senate Confirms Florida State Judge To Federal Seat
The Senate voted on Tuesday 52-47, along party lines, to confirm Florida state appellate Judge Jordan Emery Pratt to the Middle District of Florida.
Expert Analysis
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Employer Considerations As Ill. Ends Mandatory Fact-Finding
Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.
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Courts Are Still Grappling With McDonnell, 9 Years Later
The Seventh and D.C. Circuits鈥 recent decisions in U.S. v. Weiss and U.S. v. Paitsel, respectively, demonstrate that courts are still struggling to apply the U.S. Supreme Court鈥檚 2016 ruling in McDonnell v. U.S., which narrowed the scope of 鈥渙fficial acts鈥 in federal bribery cases, say attorneys at Quinn Emanuel.
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Compliance Pointers Amid Domestic Terrorism Clampdown
A recent presidential memorandum marks a shift in federal domestic-terrorism enforcement that should prompt nonprofits to enhance diligence related to grantees, vendors and events, and financial institutions to shore up their internal resources for increased suspicious-activity monitoring and reporting obligations, say attorneys at Morgan Lewis.
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Trump Tax Law Has Mixed Impacts On Commercial Real Estate
The One Big Beautiful Bill Act brings sweeping changes to the real estate industry 鈥 and while the permanency of opportunity zones and bonus depreciation creates predictability for some taxpayers, sunsetting incentives for renewable energy projects will leave others with hard choices, says Jordan Metzger at Cole Schotz.
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CFTC, SEC Joint Statement Highlights New Unity On Crypto
The U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission's recent joint statement announcing a cross-agency initiative enabling certain spot crypto-asset products to trade on regulated exchanges is the earliest and most visible instance of interagency cooperation on crypto regulation, say attorneys at Morgan Lewis.
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Regulatory Uncertainties Loom As Fed Ends Crypto Oversight
The Federal Reserve Bank's recently ended crypto supervisory program headlines other recent federal actions from Congress, the White House and relevant agencies that may complicate financial institutions' digital-asset use and attendant compliance strategies, say attorneys at Buchalter.
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What The New Nondomiciled-Trucker Rule Means For Carriers
A new Federal Motor Carrier Safety Administration interim final rule restricting states' issuance of commercial drivers licenses to nondomiciled drivers does not alter motor carriers' obligations to verify drivers' qualifications, but may create disruptions by reducing the number of eligible drivers, say attorneys at Benesch.
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EU-US Data Transfer Ruling Offers Reassurance To Cos.
The European Union General Court鈥檚 recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.
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Opinion
SEC Arbitration Shift Is At Odds With Fraud Deterrence
The U.S. Securities and Exchange Commission's recent statement allowing the use of mandatory arbitration by new publicly traded companies could result in higher legal costs, while removing the powerful deterrent impact of public lawsuits that have helped make the U.S. securities markets a model of transparency and fairness, say attorneys at Labaton Keller.
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Drug Ad Crackdown Demonstrates Admin's Aggressive Stance
Recent actions by the U.S. Food and Drug Administration and U.S. Department of Health and Human Services targeting pharmaceutical companies' allegedly deceptive advertising practices signal an active 鈥 potentially even punitive 鈥 intent to regulate direct-to-consumer advertising out of existence, say attorneys at King & Spalding.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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DOJ Chemical Seizure Shows Broad Civil Forfeiture Authority
The U.S. Department of Justice鈥檚 recent seizure of meth precursor chemicals en route from China to Mexico illustrates the U.S. government's powerful jurisdictional reach to seek forfeiture of cartel-related assets, and company compliance programs must take note, say attorneys at White & Case.
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DOJ Settlement Offers Guide To Avoiding Key Antitrust Risks
The U.S. Justice Department's settlement with Greystar Management shows why parties looking to acquire companies that use pricing recommendation software should carefully examine whether the software algorithm and how it is used in the market create antitrust dangers, say attorneys at Fried Frank.
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Unleashing LNG And Oil Exports With The Deepwater Port Act
The U.S. Department of Transportation and its Maritime Administration are now poised to use the streamlined licensing process of an existing statutory framework 鈥 the Deepwater Port Act 鈥 to approve proposed offshore terminals for exporting oil and liquefied natural gas, thus advancing the Trump administration's energy agenda, says Joanne Rotondi at Hogan Lovells.
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Minimizing AI Bias Risks Amid New Calif. Workplace Rules
In light of California implementing new regulations to protect job applicants and employees from discrimination linked to artificial intelligence tools, employers should take proactive steps to ensure compliance, both to minimize the risk of discrimination and to avoid liability, says Alexa Foley at Gordon Rees.