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Public Policy
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October 28, 2025
US, Japan Sign Agreement On Key Minerals
The U.S. and Japan agreed Tuesday to coordinate on securing and refining important minerals, while outlining a series of Japanese investments in U.S. industries, according to an announcement published by the White House.
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October 28, 2025
26 AGs Sue USDA Over Suspension Of Nutrition Benefits
The U.S. Department of Agriculture's decision to suspend Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown is an abuse of discretion that threatens to take food away from millions of people, according to a lawsuit filed Tuesday by 25 states and the District of Columbia.
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October 28, 2025
USPTO Seeks Office Location Input After Denver Closure
The U.S. Patent and Trademark Office issued a request for feedback Tuesday on locations for community outreach offices in the eight states formerly serviced by the Rocky Mountain Regional Outreach Office in Denver, after the regional office was closed this month, just before the federal government shutdown.
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October 28, 2025
Pa. Court Upholds Law Setting Gun Licensing Age At 21
The Pennsylvania Superior Court has upheld state gun licensing laws in finding that a 20-year-old who couldn't obtain a license due to his age was rightfully convicted and sentenced to up to 23 months in prison for illegally possessing a weapon after dropping a gun while fleeing police.
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October 28, 2025
4th Circ. Overturns Landmark W.Va. Opioid Verdict
The Fourth Circuit on Tuesday overturned a key ruling by a West Virginia judge in the first federal bellwether in multidistrict opioid litigation that went in favor of the country's three biggest drug distributors, finding that the oversupply of opioids can create a public nuisance.
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October 28, 2025
Feds Rip Calif.'s Bid To Halt $4B Bullet Train Funds Reshuffle
The Trump administration has told a federal judge that California is not entitled to billions in continued funding for its beleaguered high-speed rail project, firing back at what it describes as the Golden State's attempt to hoard grant funds that could be allocated to other projects.
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October 28, 2025
FERC Chair From V&E Taps Another Firm Atty As GC
Federal Energy Regulatory Commission Chairwoman Laura Swett, a former Vinson & Elkins LLP energy attorney, has named another V&E energy lawyer based in the nation's capital as the agency's next general counsel.
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October 28, 2025
Democratic Sens. Seek Probe Of Nat'l Guard Deployment Cost
Democratic senators called for the Congressional Budget Office to investigate the cost of President Donald Trump's deployment of National Guard troops in five U.S. cities, saying the mobilization of military forces raises serious fiscal, legal and constitutional concerns.
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October 28, 2025
3 Judge Picks Sent To Senate Despite No Public Notice
The Senate Judiciary Committee has received pre-hearing paperwork for anticipated judicial nominees for Texas, Alaska and Arkansas, despite no formal announcement yet from President Donald Trump.
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October 28, 2025
Siletz Tribe Urges High Court To Reject Chinook Recognition
The Confederated Tribes of Siletz Indians is urging the U.S. Supreme Court to deny a fellow Oregon tribe's petition, saying that if the justices reverse a Ninth Circuit decision on federal recognition, it would have severe adverse consequences for its legal status and rights.
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October 28, 2025
US Partners With Westinghouse For $80B Nuke Plant Buildout
The Trump administration on Tuesday announced it will partner with nuclear technology manufacturer Westinghouse Electric Co. to build at least $80 billion worth of new reactors in the U.S. to support and accelerate the development of data centers and artificial intelligence.
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October 28, 2025
Del. Gives Nod To OpenAI Public Benefit Corp. Restructuring
Artificial intelligence giant OpenAI reported Tuesday that it will convert its Delaware-chartered LLC into a public benefit corporation in the same state after months of wide-ranging negotiations with civic and industry leaders and state justice officials in Delaware and California.
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October 28, 2025
NY, Green Orgs. Say Feds Can't Block Climate Superfund Law
The state of New York and a group of environmental organizations on Tuesday pushed back on the federal government's motion for summary judgment in a suit challenging the state's new Superfund law, saying the court should reject the U.S. Environmental Protection Agency's argument that New York's law is preempted.
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October 28, 2025
Texas Accuses Tylenol Makers Of Hiding Autism Danger
The Texas Attorney General's Office on Tuesday sued the makers of Tylenol, alleging they hid the risk that the drug could lead to autism while marketing acetaminophen as the safest pain relief option for pregnant women and young children.
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October 28, 2025
Mass. Bar Reprimands Ex-US Atty Rollins Over Leak, Texts
A divided panel of state bar regulators voted to publicly reprimand former Massachusetts U.S. Attorney Rachael Rollins for leaking confidential material about an investigation to a reporter and then trying to deflect suspicion in a deceptive message to subordinates, a lawyer for Rollins confirmed Tuesday.
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October 28, 2025
Trump Appeals 'Unprecedented' NY Criminal Conviction
President Donald Trump appealed his New York criminal conviction for falsifying business records, arguing the charges were defective, the jury was improperly instructed, the judge was biased and that he was immune from prosecution.
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October 28, 2025
Pa. Justice Donohue Has Shaped Voting, Environmental Law
Pennsylvania Supreme Court Justice Christine Donohue, one of three Democrats on the bench hoping to be retained, has authored some of the court's more liberal-leaning interpretations of election law, abortion rights and environmental issues.
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October 28, 2025
Google Liable Again As DOJ's Ad Tech Win Extends To MDL
A New York federal judge held Google liable Tuesday for illegally monopolizing its advertising placement technology business, dramatically narrowing the scope of the multidistrict litigation from website publishers, advertisers and others by locking the technology giant into the Justice Department's win in a separate Virginia federal court case.
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October 27, 2025
Whistleblower 'Horrified' By Novo Nordisk Drug Sales Tactics
The whistleblower behind a federal lawsuit accusing Novo Nordisk of paying kickbacks to doctors and patients as part of a scheme to drive sales of its hemophilia drug NovoSeven took the witness stand Monday, telling jurors she was "horrified" at how the drugmaker's marketing team targeted doctors.
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October 27, 2025
Oregon Tribes, Feds Settle With Cos. In Pollution Dispute
A federal judge has granted a motion by the U.S. government and Oregon as well as a number of tribes seeking approval of two settlement agreements that would resolve their Superfund lawsuit against a slew of companies that allegedly polluted the Willamette River.
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October 27, 2025
NC High Court Snapshot: Class Decertification Bids Abound
The North Carolina Supreme Court will kick off its October term with arguments by two airplane parts manufacturers seeking to revive their appeal in a failure-to-warn suit brought by the estates of victims killed in a Georgia plane crash.
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October 27, 2025
AGs Push Congress To Close Intoxicating Hemp Loophole
Attorneys general from 39 states and U.S. territories are urging Congress to quash the intoxicating hemp products market which they say lawmakers inadvertently created through the 2018 Farm Bill, saying the "laudable legalization of commercial hemp" must be salvaged during the 2026 appropriations process.
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October 27, 2025
Kalshi Sues NY Regulator Over Cease-And-Desist Letter
Trading platform Kalshi on Monday accused the New York State Gaming Commission of intruding into the federal government's regulatory authority over derivatives trading, in a lawsuit following a cease-and-desist letter it received from the state regulator for allegedly illegal sports wagering.
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October 27, 2025
Senate Confirms 7th Circ., Alabama Judicial Picks
The U.S. Senate voted on Monday to confirm Rebecca Taibleson, a federal prosecutor in Wisconsin, to the Seventh Circuit, and Justice Bill Lewis of the Alabama Supreme Court to the Middle District of Alabama.
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October 27, 2025
Dems Say $6.2B Nexstar-Tegna Deal Breaches Ownership Cap
Nexstar's $6.2 billion plan to merge with rival broadcast company Tegna will create a behemoth that will breach the FCC's national ownership cap that limits how many stations any one company can own in a given market, say two federal lawmakers from Colorado.
Expert Analysis
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NC Banking Brief: All The Notable Legal Updates In Q3
There were several impactful changes to the financial services landscape in North Carolina in the third quarter of the year, including statutory updates, enforcement developments from Office of the Commissioner of Banks, and notable mergers, acquisitions and branch expansions, say attorneys at Moore & Van Allen.
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Wash. Ruling Raises Pay Transparency Litigation Risk
Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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How Gov't Shutdown Will Affect Federal Health Agencies
Federal health agencies' contingency plans indicate that many major programs will remain insulated from disruption during the ongoing government shutdown, but significant policy proposals will likely be delayed and the Trump administration's emphasis on reduction-in-force plans distinguishes this shutdown from past lapses, says Miranda Franco at Holland & Knight.
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NY Banking Brief: All The Notable Legal Updates In Q3
Of note in the third quarter of the year, New York state regulators moved forward on their agendas to limit abuse of electronic banking, including via a settlement with stablecoin issuer Paxos and a lawsuit against Zelle alleging insufficient security measures, says Chris Bonner at Barclay Damon.
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Gauging SEC Short-Sale Rules' Future After 5th Circ. Remand
Though the Fifth Circuit recently remanded to the U.S. Securities and Exchange Commission two Biden-era rules requiring disclosure of securities lending and short-sale activity in order to consider the rules' cumulative economic impact, it's possible they will get reproposed, meaning compliance timelines could change, says Scott Budlong at Barnes & Thornburg.
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How AI Can Find Environmental Risks Before Regulators Do
By using artificial intelligence to analyze public information that regulators collect but find incredibly challenging to connect across agencies and databases, legal teams can identify risks before widespread health impacts occur, rather than waiting for harm to surface — potentially transforming environmental litigation, says Paul Napoli at Napoli Shkolnik.
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High Court Firearm Case Tests Limits Of Double Jeopardy
The U.S. Supreme Court will hear arguments next week on the double jeopardy implications of overlapping federal gun statutes in Barrett v. U.S., and its ultimate decision could either erode a key shield in defense practitioners’ arsenals or provide strong constitutional grounds to challenge duplicative charges, says Sharon Appelbaum at Appelbaum Law.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.
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Calif. Banking Brief: All The Notable Legal Updates In Q3
The third quarter of 2025 brought legislative changes to state money transmission certification requirements and securities law obligations, as well as high-profile accounting and anti-money laundering compliance enforcement actions by the Department of Financial Protection and Innovation, say attorneys at Ropes & Gray.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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Balancing The Risks And Rewards Of Private Equity In 401(k)s
The recent executive order directing government agencies to consider encouraging private equity and other alternative investments in 401(k) plans does not change the fundamental fiduciary calculus or reduce risk, as success with private investments will depend on careful analysis of both participant demand and fiduciary obligations, say attorneys at Jenner & Block.
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What's At Stake In High Court's Ill. Ballot Deadline Case
In Bost v. Illinois State Board of Elections, the U.S. Supreme Court will hear arguments next week on whether and when candidates for office have standing to bring prospective challenges to election laws, raising broader issues about the proper timing of federal court election litigation, say Richard Pildes and Samuel Ozer-Staton at NYU School of Law.
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Kimmel 2nd Circ. Victory Holds Novel Copyright Lessons
The Second Circuit's recent decision in Santos v. Kimmel, dismissing a copyright infringement claim against Kimmel for airing Cameo videos recorded by former U.S. Rep George Santos, examines the unusual situation of copyrighted works created at the request of the alleged infringer, say attorneys at Venable.