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Public Policy
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October 10, 2025
5th Circ.'s FDIC Ruling 'Cries Out' For Review, Ex-CEO Says
A former Texas bank CEO has asked the full Fifth Circuit to revive his constitutional challenge to the Federal Deposit Insurance Corp.'s in-house enforcement process, arguing that a recent panel decision to reject his case as premature "cries out" for review.
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October 10, 2025
SEC's Atkins Commits To Expanding Use Of Wells Process
U.S. Securities and Exchange Commission Chairman Paul Atkins plans to refresh the agency's Wells process of engaging with firms ahead of potential enforcement actions, saying he intends for the agency to be more forthcoming with investigative findings and provide more time and opportunities to respond to these findings.
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October 10, 2025
AI Company Wants Justices' Input On 'Interested Party' Ruling
Percipient.ai urged the U.S. Supreme Court to review an en banc Federal Circuit ruling limiting who qualifies as an interested party eligible to protest an alleged statutory violation committed by the government in connection with a procurement at the U.S. Court of Federal Claims.Â
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October 10, 2025
DOJ Can't Pause Review Of UnitedHealth Deal Amid Shutdown
A Maryland federal judge rejected the U.S. Department of Justice's bid to stay its recently settled case with UnitedHealth over the company's merger with Amedisys because of the government shutdown and lapse in appropriations, ruling that a stay would impede the DOJ's ability to evaluate the public interest in the settlement.
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October 10, 2025
AstraZeneca Strikes 'Most Favored Nation' Price Deal
Pharmaceutical giant AstraZeneca on Friday cut a deal with the Trump administration to reduce drug prices in the United States, agreeing to provide its medications for Medicaid beneficiaries at discount prices.
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October 10, 2025
FERC's $1B Penalties Would Doom Energy Co., NC Judge Told
An energy efficiency aggregator told a North Carolina federal judge that it will go out of business without an order blocking the Federal Energy Regulatory Commission from imposing nearly $1 billion in penalties against it for alleged market manipulation and tariff violations.
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October 10, 2025
Senate Passes $925B Defense Bill, Ends Military Force In Iraq
The U.S. Senate approved a $924.7 billion defense policy and budget bill for 2026 late Thursday evening, which includes an amendment that would formally end Congress' decades-old authorizations for the use of military force in Iraq.
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October 10, 2025
Up Next At High Court: Voting Rights & Warrantless Entries
The U.S. Supreme Court will return Tuesday to hear oral arguments in four cases, including a dispute over the constitutionality of the last remaining provision of the Voting Rights Act and whether federal prisoners seeking postconviction relief are subject to the same rules as state inmates.
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October 10, 2025
Calif. Panel Says City's Affordable Housing Map Is Flawed
A California appellate court has revived a lawsuit brought by developers challenging Redondo Beach's plans to develop lower- and moderate-income housing, ruling on Friday the city's map for the plans violates state law.
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October 10, 2025
GOP Reps Back Legality Of Trump Birthright Citizenship Order
Eighteen Republican lawmakers on Friday told the U.S. Supreme Court the Trump administration is right to assert that the 14th Amendment was never meant to confer birthright citizenship to the children of parents who are in the country without legal authorization.
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October 10, 2025
More Gun Rights Groups Take Aim At National Firearms Act
Gun rights groups have launched another lawsuit aimed at repealing the National Firearms Act in the Northern District of Texas, joining a growing number of legal challenges to the gun law that controls access to short-barreled rifles and firearms with suppressors.
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October 10, 2025
Squires Says Patent Eligibility Needed For National Security
The newly confirmed head of the U.S. Patent and Trademark Office has solidified his views that making more inventions eligible for patent protection is imperative for national security, saying expansive eligibility speaks to "the very spirit of American ingenuity."
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October 10, 2025
Supreme Court Asked To Consider Appeal Over AI-Created Art
A computer scientist who was denied a copyright for artwork created by an artificial intelligence system he built has asked the U.S. Supreme Court to review his appeal challenging the U.S. Copyright Office's decision.
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October 10, 2025
Feds Nix Large-Scale Enviro Review Of Nev. Solar Project
The U.S. Department of the Interior confirmed that it canceled a broad environmental review of a massive solar development in Nevada, saying it would instead perform individual reviews of the seven projects that make up the development.
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October 10, 2025
7th Circ. Won't Pause Block Of National Guard Deployment
The Seventh Circuit on Saturday refused to grant the Trump administration's emergency order to stay an Illinois federal judge's ruling blocking the deployment of National Guard troops to Chicago while the appeals court considers the matter, but did pause the ruling as it pertains to the federalization of the National Guard in Illinois.
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October 10, 2025
Philly-Area Transit System Rider Files Rate Hike Class Claims
A proposed class action accused the Southeastern Pennsylvania Transportation Authority of "playing chicken" with the Pennsylvania state Legislature and enacting "doomsday" fare increases to force lawmakers to give the agency a bigger budget, and the suit asked a state court to undo the price hike.
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October 10, 2025
Experts Doubt Gold Card Will Siphon Off EB-5 Investors
Concerns that President Donald Trump's gold card will siphon off noncitizens who would otherwise seek permanent residency through the EB-5 investor program might be overblown, with experts suggesting the program's 35-year track record and stability will continue attracting foreign investors.
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October 10, 2025
Ex-Judge Claims Illegal Arrest May Have Cost Him Reelection
A former Washington state judge claims in a new lawsuit that his roadside stop and subsequent arrest by Grays Harbor County sheriff's deputies violated his constitutional rights and may have cost him his seat on the bench, noting that a county prosecutor later challenged him in an election and won.
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October 10, 2025
Curaleaf Says NJ's Pot Shop Union Requirement Bucks NLRA
Curaleaf Holdings Inc. is suing the New Jersey Cannabis Regulatory Commission in federal court, saying the commission's requirement that cannabis companies have "labor peace agreements" with particular unions is preempted by the National Labor Relations Act.
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October 10, 2025
SEC's Atkins Criticizes Del. As 'Uninterested' In IPO Reform
U.S. Securities and Exchange Commission Chair Paul Atkins said he is "disappointed" by recent changes to Delaware law that he believes will drive up litigation costs for public companies and make the state seem "uninterested in reform" that would encourage more companies to file initial public offerings there.
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October 10, 2025
Rediscovered Texas Indigenous Site Spurs Preservation Push
The Texas Historical Commission is investigating whether to list an Indigenous Gulf Coast tribal settlement as a historic property or a state antiquities landmark after a local scientist rediscovered what could be part of the tribe's ancestral lands.
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October 10, 2025
City In Okla. Pushes Dismissal Of Hemp Seizure Suit
An Oklahoma city, its police department and its police chief have all separately asked a federal judge to toss a lawsuit claiming they wrongly seized over $125,000 in hemp shipments from companies that say they did not violate state or federal law.
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October 10, 2025
Back Where We Started: Life After FTC's Noncompete Ban
Now that the Federal Trade Commission has abandoned efforts for a nationwide ban on noncompete clauses, the employment provisions remain subject to a constellation of changing state laws and can sometimes still violate federal law in certain situations.
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October 10, 2025
OpenAI's Sora Backlash Shows IP Challenges For Tech Cos.
OpenAI's new version of its video-generation model Sora has highlighted the growing tension between the development of artificial intelligence technologies and intellectual property rights, with the company emphasizing an opt-in approach for copyright owners for using their works after backlash over a reported opt-out policy.
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October 10, 2025
FCC's Carr Reminds Retailers To Heed Banned Equipment List
Brendan Carr, the Federal Communications Commission chair, said that millions of online sales listings have been taken down because of manufacturing ties to Chinese telecoms and warned that retailers must comply with the federal ban on telecommunications devices made in foreign adversary countries.
Expert Analysis
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Evaluating The SEC's Rising Whistleblower Denial Rate
The rising trend of U.S. Securities and Exchange Commission whistleblower award claim denials represents a departure from the SEC's previous track record and may reflect a more conservative approach to whistleblower award determinations under the current administration, say attorneys at Troutman Pepper.
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State Crypto Regs Diverge As Federal Framework Dawns
Following the Genius Act's passage, states like California, New York and Wyoming are racing to set new standards for crypto governance, creating both opportunity and risk for digital asset firms as innovation flourishes in some jurisdictions while costly friction emerges in others, say attorneys at Sheppard Mullin.
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
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Key Insurance Coverage Considerations For AI Data Centers
The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Unpacking The New Opportunity Zone Tax Incentive Program
The One Big Beautiful Bill Act brought several improvements to the opportunity zone tax incentive program that should boost investments in qualified funds, including making it permanent, increasing federal income tax benefits in rural areas, redesignating the qualified zones, and requiring more in-depth reporting, says Marc Schultz at Snell & Wilmer.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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What New sa¹ú¼Ê´«Ã½ Oversight Limits Would Mean For 4 Markets
As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.
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MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't
As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.
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Navigating Brazil's Regulations, Incentives For Green Projects
Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Potential Paths To Modernizing The Bank Secrecy Act
The Bank Secrecy Act's analog design has become increasingly incompatible with today's digital financial ecosystem, but legislative reforms, coupled with regulatory adjustments including updated thresholds, feedback mechanisms and innovation sandboxes, would help adjust the act to the unique challenges of modern technology, says Matthew Biben at King & Spalding.
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Definitions Of 'Waters Of The United States' Ebb And Flow
The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.
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Trump Tax Law's Most Impactful Energy Changes
The One Big Beautiful Bill Act's deferral of begin-construction deadlines and the phaseout of certain energy tax credits will provide emerging technologies with welcome breathing room, though other changes, like the increased credit rate for sustainable aviation fuel, create challenges for developers, say attorneys at Weil.
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Texas Property Law Complicates Financing And Development
A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.