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Public Policy

  • November 18, 2025

    States Can Intervene Over DOJ's HPE Merger Deal

    A California federal court granted a request on Tuesday from state enforcers asking to participate in a review of the U.S. Department of Justice's controversial settlement allowing Hewlett Packard Enterprise to move ahead with its $14 billion purchase of Juniper Networks.

  • November 18, 2025

    Senate Dem Slams FCC's Carr Over Cybersecurity Plan

    A top Senate Democrat on telecom issues blasted Brendan Carr, head of the Federal Communications Commission, on Tuesday for seeking to roll back an FCC cybersecurity ruling issued late in the Biden administration responding to the Salt Typhoon cyberattack.

  • November 18, 2025

    Polaris Hits Back At 'Settled Expectations' Fed. Circ. Fight

    Polaris PowerLED says Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's denial of patent reviews based on a patent owner's "settled expectations" is not any different from similar cases that have been rejected by the circuit court.

  • November 18, 2025

    4th Circ. Restores Trade Secrets Suit Against Insurance Execs

    The Fourth Circuit on Tuesday revived insurer Sherbrooke Corp.'s claims of trade secrets theft against three former executives, disagreeing with a district judge who found that the company had not made enough of an effort to guard the software in question.

  • November 18, 2025

    USPTO Petitioners Can Detail How They Found Prior Art

    The head of the U.S. Patent and Trademark Office has told all users of the Patent Trial and Appeal Board that there will be a new option for patent challengers to explain how they found prior art they allege renders a patent invalid.

  • November 18, 2025

    Ill. Justices Mull If Permits Override Pollution Exclusions

    Counsel for a sterilization company and its former parent seeking defense costs for hundreds of lawsuits over ethylene oxide emissions at a suburban Chicago facility urged the Illinois Supreme Court on Tuesday to find a pollution exclusion in their insurance policy doesn't apply to emissions allowed under a state permit, insisting the policyholders are not polluters under Illinois law or "in the general sense of the word."

  • November 18, 2025

    Lower Costs No Cause For VA To Shirk Trade Act, Judge Says

    A federal judge said the U.S. Department of Veterans Affairs can't use the lower cost of drugs from countries not designated under the Trade Agreements Act to reject the higher prices of companies that propose to source them from compliant countries.

  • November 18, 2025

    Judge Details Reasons For Goldstein's Pretrial Motion Losses

    A Maryland federal judge explained in further detail Tuesday her decision against SCOTUSblog co-founder Tom Goldstein on several motions seeking to trim his tax evasion case as it heads to trial next year.

  • November 18, 2025

    NY AG James Blasts 'Outrageous Conduct' Behind Indictment

    New York Attorney General Letitia A. James has told a Virginia federal court to dismiss the U.S. government's indictment of her, calling it "patently unconstitutional" and "outrageous conduct."

  • November 18, 2025

    Federal Watchdog Funds Released After Bipartisan Pushback

    The independent agency for federal watchdogs has been brought back to life with the White House budget office restoring its funding.

  • November 18, 2025

    NPR Wins $36M Grant As CPB Backs Off Plan To Cut Funds

    National Public Radio and the Corporation for Public Broadcasting have reached a settlement to keep nearly $36 million in public radio satellite interconnection funds with NPR, as CPB agreed not to implement an executive order requiring it to cut off NPR funding unless ordered to do so by a court.

  • November 18, 2025

    Judge Questions If Trump's Say-So Makes Wind Edict Legal

    A Massachusetts federal judge on Tuesday lamented a lack of clear guidance from higher courts as she considered whether wind farm permits can be put on hold indefinitely based solely on a directive from the president.

  • November 18, 2025

    Republican Senators Seek Judge Boasberg's Suspension

    Six Republican senators, three of whom sit on the Senate Judiciary Committee, are asking that Chief U.S. District Judge James E. Boasberg of the District of Columbia be administratively suspended while Congress considers his impeachment.

  • November 18, 2025

    New York Disputes Magistrate's Report In Tribal Thruway Row

    New York is opposing a recommendation that would give a win to the Seneca Nation and force negotiations over a portion of a thruway that runs through the tribe's reservation, arguing that the report relies on a narrow interpretation of Sherrill laches in contrast to Second Circuit characterization.

  • November 18, 2025

    San Francisco Nurses Can't Challenge FLSA OT Exemption

    Nurses who claim that the city of San Francisco failed to pay them the proper overtime rates fall under a Fair Labor Standards Act exemption, a California federal judge ruled, finding summary judgment necessary following a sanctions order limiting the nurses' evidence.

  • November 18, 2025

    Missouri Federal Judge To Take Senior Status

    U.S. District Judge Douglas Harpool of the Western District of Missouri has given notice he will take senior status upon the confirmation of state Judge Megan Benton, whose nomination to the federal bench President Donald Trump announced Friday.

  • November 18, 2025

    NJ Township Seeks To Revise $2.5B DuPont PFAS Settlement

    Carneys Point Township, New Jersey, is aiming to intervene in the state's federal suit against E.I. du Pont de Nemours & Co. and others over PFAS contamination, saying a settlement of more than $2.5 billion interferes with its own claims against the company.

  • November 18, 2025

    Insurer Needn't Cover LA Zoo Org. In City Contract Dispute

    An insurer doesn't owe coverage to the Los Angeles Zoo's nonprofit arm in a contractual dispute brought by the city, a California federal court has ruled, finding that all claims are excluded under the association's nonprofit asset protection policy.

  • November 18, 2025

    Ind. Tax Court Nixes 'Less Egregious' Assessment For Kohl's

    An Indiana tax board erred when it relied on flawed appraisals of a Kohl's department store prepared by experts and chose the "somewhat less egregious" arguments of the company in lowering the valuations by nearly half, the state tax court said.

  • November 18, 2025

    Judge Punts FTC Suit Over Meta's Instagram, WhatsApp Buys

    A federal antitrust campaign against major technology platforms suffered a significant blow Tuesday with a D.C. federal judge's rejection of a Federal Trade Commission suit accusing Meta Platforms of illegally monopolizing social media through its purchases of WhatsApp and Instagram.

  • November 18, 2025

    Judge Upholds NY Law Blocking ICE Courthouse Arrests

    New York beat back a federal lawsuit challenging the state's policy barring immigration officials from arresting people near its courthouses, after a federal judge rejected the U.S. Department of Justice's preemption claims.

  • November 17, 2025

    DHS Says Proposed Public Charge Rule To Undo 'Straitjacket'

    The Trump administration on Monday unveiled a proposed rule to broaden U.S. Department of Homeland Security officers' discretion in deeming visa or green card seekers inadmissible if they're likely to depend on government benefits, saying current regulations are overly restrictive.

  • November 17, 2025

    Fed's Cook Slams 'Pretextual' Mortgage Fraud Accusations

    Federal Reserve Board Gov. Lisa Cook on Monday hit back at federal officials' allegations she committed mortgage fraud, criticizing the "baseless" accusations as "pretextual justifications" for President Donald Trump and his allies "to investigate anyone whom they view as an obstacle to the administration's political and economic agenda."

  • November 17, 2025

    X Asks 9th Circ. To Let It Litigate Media Matters Suit In Ireland

    X Corp. urged the Ninth Circuit on Monday to scrap an injunction blocking it from continuing to litigate its Irish-law defamation case against Media Matters in Ireland, arguing that the left-leaning watchdog waited too long to invoke a California forum-selection clause in X Corp.'s terms of service.

  • November 17, 2025

    Advocacy Groups Push 9th Circ. To Uphold Fluoride Ruling

    Advocacy groups that convinced a California federal judge to rule that the U.S. Environmental Protection Agency's "optimal" level for fluoride in drinking water is not protective enough for children, told the Ninth Circuit Monday that there's no reason to disturb the decision.

Expert Analysis

  • State Paid Leave Laws Are Changing Employer Obligations

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    A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.

  • How Crypto Embrace Will Affect Banks And Credit Unions

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    The second Trump administration has moved aggressively to promote crypto-friendly reforms and initiatives, and as the embrace of stablecoins and distributed ledger technology grows, community banks and credit unions should think strategically as to how they might use these innovations to best serve their customers, says Jay Spruill at Woods Rogers.

  • In NY, Long COVID (Tolling) Still Applies

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    A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.

  • Navigating The SEC's Evolving Foreign Private Issuer Regime

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    As the U.S. Securities and Exchange Commission reevaluates foreign private issuer eligibility, FPIs face not only incremental compliance costs but also a potential reshaping of listing strategies, capital access, enforcement exposure and global regulatory coordination, potential unintended effects that deserve further exploration, say attorneys at Simpson Thacher.

  • New Conn. Real Estate Laws Will Reshape Housing Landscape

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    With new legislation tackling Connecticut's real estate landscape, introducing critical new requirements and legal ambiguities that demand careful interpretation, legal counsel will have to navigate a significantly altered and more complex regulatory environment, say attorneys at Harris Beach.

  • USPTO Under Squires: A Look At The First Month

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    New U.S. Patent and Trademark Office Director John Squires' opening acts — substantive and symbolic — signal a posture that is more welcoming to technological improvements and focused on rebalancing the office's gatekeeping role, say attorneys at Seyfarth.

  • Iran Sanctions Snapback Raises Global Compliance Risks

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    ​The reimplementation of U.N. sanctions targeting Iran’s nuclear program​, under a Security Council resolution​'s snapback mechanism, and​ related actions in Europe and the U.K., may change U.S. due diligence expectations and enforcement policies, particularly as they apply to non-U.S. businesses that do business with Iran, says John Sandage at Berliner Corcoran.

  • Hermes Bags Antitrust Win That Clarifies Luxury Tying Claims

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    A California federal court recently found that absent actual harm to competition in the market for ancillary products, Hermes may make access to the Birkin bag contingent on other purchases, establishing that selective sales tactics and scarcity do not automatically violate U.S. antitrust law, say attorneys at Holland & Knight.

  • Glimmers Of Clarity Appear Amid Open Banking Disarray

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    The Consumer Financial Protection Bureau's vacillation over data rights rules has created uncertainty, but a recent proposal is a strong signal that open banking regulations are here to stay, making now the ideal time for entities to take action to decrease compliance risk, says Adam Maarec at McGlinchey Stafford.

  • Opinion

    High Court, Not A Single Justice, Should Decide On Recusal

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    As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • Md. Ruling Spotlights Source-Of-Income Discrimination

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    In Hare v. David S. Brown Enterprises, the Maryland Supreme Court recently ruled that landlords cannot impose income requirements that disqualify tenants relying on housing vouchers, raising questions about applying the disparate impact doctrine in source-of-income discrimination cases, says Yvette Pappoe at the University of the District of Columbia.

  • FTC's Consumer Finance Pivot Brings Industry Pros And Cons

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    An active Federal Trade Commission against the backdrop of a leashed Consumer Financial Protection Bureau will be welcomed by most in the consumer finance industry, but the incremental expansion of the FTC's authority via enforcement actions remains a risk, say attorneys at Hudson Cook.

  • How A New BIS Rule Greatly Expands Export Restrictions

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    The newly effective affiliates rule from the U.S. Department of Commerce's Bureau of Industry and Security restricts exports to foreign companies that are 50% or more owned by entities listed on the BIS entity list and the military end-user list — a major shift in U.S. export control enforcement, say attorneys at Simpson Thacher.

  • How Gov't Reversals Are Flummoxing Renewable Developers

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    The Trump administration has reversed numerous environmental and energy policies, some of which have then been reinstated by the courts, making it difficult for renewable energy project developers to navigate the current regulatory environment, says John Watson at Spencer Fane.

  • USPTO Panel's Reversal Signals A Shift On AI Patents

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    A recent patent ruling from a U.S. Patent and Trademark Office panel shows that artificial intelligence technologies remain patent-eligible when properly framed as technical solutions, and provides valuable drafting lessons for counsel, say attorneys at Butzel Long.

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