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Public Policy
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October 23, 2025
Gov't Defends Holding Noncitizens On Overseas Bases
A Trump administration attorney told a D.C. federal judge Thursday that the government can hold noncitizen detainees on U.S. military installations all over the world if it wanted to, a claim that a lawyer challenging immigration detention at Guantanamo Bay called "unprecedented" and clearly wrong.
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October 23, 2025
Pa. Justices Won't Undo General Contractors' Injury Immunity
The Pennsylvania Supreme Court gave an injured worker a chance to convince the court to "overrule our decades-old precedent" that a general contractor shares subcontractors' immunity to suits brought under the state's workers' compensation law, but on Wednesday said he failed in his plight.
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October 23, 2025
Wash. Justices Point To Student SA Case In Hazing Death Suit
The Washington State Supreme Court appeared split Thursday on whether an Evergreen State university could be liable for a fraternity pledge's alcohol-related death after an off-campus hazing ritual, given the justices' 2024 ruling the same school had no duty to protect a student from rape at an off-campus party. 聽
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October 23, 2025
USPTO Says 126 Workers Will Be Laid Off In December
The U.S. Patent and Trademark Office plans to lay off 126 workers in its headquarters in Alexandria, Virginia, by Dec. 9, according to a notice filed with the Virginia Department of Workforce Development and Advancement.
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October 23, 2025
Wash. Justices Skeptical Of Debtor's Collection Notice Stance
Washington Supreme Court justices appeared wary Thursday of second-guessing a Seattle federal judge who asked them to decide whether a hospital billing disclosure law applies to debt collectors, as the plaintiff in the underlying proposed class action pressed the court to "reformulate" the certified question. 聽
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October 23, 2025
Ex-Mich. Speaker Aide Cops To Embezzlement, Will Testify
A former top staffer for former Michigan House Speaker Lee Chatfield pled guilty to embezzling from a political nonprofit while working for the state and, as part of a plea deal, has agreed to provide "truthful testimony in future hearings," according to an announcement made Thursday.
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October 23, 2025
NY AG Sues Vape Shop Owners For Selling To Kids
New York's attorney general is looking to permanently shut down two smoke shops and ban their owners from ever working in the vape industry again, claiming they flagrantly sold illegal flavored vapes to customers including children, according to a petition filed on Thursday.
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October 23, 2025
Ky. Rep. Revives Attempt To Abolish PTAB, Expand Eligibility
U.S. Rep. Thomas Massie, R-Ky., said Thursday he's again attempting to overhaul the patent system, including abolishing the Patent Trial and Appeal Board, normalizing injunctions and broadening what can be patented.
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October 23, 2025
Debt Co. Owner Says sa国际传媒 Erred With $5.8M Restitution Bid
A U.S. Consumer Financial Protection Bureau bid for $5.8 million in restitution against a manager of a now-shuttered debt relief company should be denied because it does not take into account refunds that customers have already received, a California federal judge has been told.
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October 23, 2025
Split DC Circ. Won't Lift Block On FTC's Media Matters Probe
A divided D.C. Circuit panel refused Thursday to let the Federal Trade Commission subpoena Media Matters for America while the agency appeals an order blocking that probe, crediting district courts' findings of "seemingly unusual and unprecedented" facts suggesting the investigation is retaliation for reporting about Nazi content on X.
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October 23, 2025
Ex-SVB Top Brass Can't Ditch FDIC Suit Over 2023 Collapse
Silicon Valley Bank's former CEO and several other past members of the bank's top brass must face a suit from the Federal Deposit Insurance Corp. accusing them of mismanagement that led to the bank's costly 2023 failure, a California federal judge has ruled.
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October 23, 2025
9th Circ. Calls For Evidence Hearing Over ICE Facility Access
The Ninth Circuit on Thursday partially聽remanded the Washington State Department of Health's lawsuit accusing GEO Group of illegally blocking access to an immigration facility for safety inspections, calling for an evidentiary hearing into how the refusal for access played out.
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October 23, 2025
Energy Cos. Face Permit, Regulatory Delays Due To Shutdown
Energy companies are starting to feel the pinch of the federal government shutdown, as scaled-back operations and new furlough announcements at the U.S. Environmental Protection Agency threaten the approval of needed permits and the issuance of highly anticipated regulations.
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October 23, 2025
Columbia Says Feds Must Release Info On DEI Law Firm Deals
A free speech institute at Columbia University told a New York federal court Thursday that the Trump administration effectively denied its requests for information related to the government's demands that law firms supply details about their diversity, equity and inclusion practices.
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October 23, 2025
11th Circ. Halts Fla. Detention Center Appeal Amid Shutdown
The Eleventh Circuit has stayed an appeal over the operation of a Florida Everglades immigrant detention center dubbed "Alligator Alcatraz" after the government requested a halt to proceedings due to the federal government shutdown.聽
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October 23, 2025
Legislation May Fix Tax Court Jurisdiction Feud, Judge Says
Senate legislation to expand the U.S. Tax Court's authority to order refunds and credits in collection cases could settle a long-running dispute revived by the U.S. Supreme Court's decision to limit the tax tribunal's jurisdiction, a judge said Thursday.
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October 23, 2025
Ore. Tribe Joins Suit Seeking To Halt Barred Owl Killing Plan
An Oregon federal judge has let the Yurok Tribe intervene in an animal advocacy group's lawsuit seeking to block the U.S. government from killing thousands of protected barred owls as a means to save the threatened northern spotted owl, saying the tribe has a specific interest in the action.
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October 23, 2025
Judge Axes Va. Homeowner's Suit Over Marine Base Security
A U.S. Court of Federal Claims judge on Thursday tossed a Quantico, Virginia, homeowner's takings suit against the federal government, which was accused of taking her property without just compensation by having military base-related restrictions that impeded her attempts to use the property as a short-term rental.
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October 23, 2025
Full 5th Circ. Asked To Rehear Texas Bankers' OCC Dispute
Two former Texas bankers have asked the full Fifth Circuit to revive their constitutional challenge to an in-house Office of the Comptroller of the Currency enforcement case, arguing that the appellate panel's decision to reject their appeal wrongly stripped them of their right to a jury trial and handed banking agencies "unlimited discretion" to prosecute old misconduct.
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October 23, 2025
Ex-ComEd CEO Asks 7th Circ. For Bail Pending Appeal
Former Exelon Utilities and Commonwealth Edison CEO Anne Pramaggiore has renewed her request to remain out of jail while she seeks to unwind her criminal conviction and two-year prison sentence, this time asking the Seventh Circuit for bond ahead of her December surrender date.
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October 23, 2025
Ga. Justices Question 'Tesla Carveout' In Direct Car Sales Ban
Georgia's Supreme Court justices appeared to harbor reservations Thursday about the viability of a state ban on car manufacturers engaging in direct-to-consumer sales, thanks in part to a "Tesla carveout" that allowed the leading electric vehicle maker to continue operating its own dealerships.
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October 23, 2025
FCC's Carr Sees Ongoing Consumer Harm From Shutdown
The head of the Federal Communications Commission warned Thursday that new device and license applications are "just sitting there," creating an FCC backlog, and that other day-to-day but important work remains on hold during the government shutdown.
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October 23, 2025
Neb. Republican Says Fiber Critical To Broadband Effort
A Republican U.S. senator said Thursday she's concerned that rural areas will not receive enough funding for fiber-optic connectivity in the latest round of the government's multibillion-dollar effort to build out broadband to underserved areas.
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October 23, 2025
SEC Being Misled In CBD Fraud Fight, CEO Claims
The U.S. Securities and Exchange Commission has "unwittingly" taken the side of a former partner with a terminated licensing agreement, a pharmaceutical CEO told a California federal court this week, asking for summary judgment on the SEC's core claims that he defrauded investors.
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October 23, 2025
4th Circ. Pushed To Retain Block On Chemours PFAS Dumping
A pair of environmental groups is urging the Fourth Circuit to leave in place an injunction blocking The Chemours Co. FC LLC from continuing to discharge so-called forever chemicals into the Ohio River, saying the company is using strawman arguments to get its way.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed聽over 220聽lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Rules Of Origin Revamp May Be Next Big Trade Development
The rules of origin for determining what tariff applies to any given import appear to be on the cusp of an important rethink, and it seems likely that the administration will try to align the rule with its overall tariff strategy in one of three ways, says Ted Posner at Baker Botts.
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Considering Judicial Treatment Of The 2023 Merger Guidelines
Courts have so far primarily cited the 2023 merger guidelines for propositions that do not differ significantly from prior versions of the guidelines, leaving it unclear whether the antitrust agencies will test the guidelines鈥 more aggressive theories, and how those theories will be treated by federal judges, say attorneys at Covington.
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Key Lessons From Youths' Suit Against Trump Energy Orders
A Montana federal court's recent decision in Lighthiser v. Trump, dismissing a challenge by a group of young plaintiffs to President Donald Trump's executive orders promoting fossil fuels, indicates that future climate litigants must anchor their suits in discrete, final agency actions and statutory text, say attorneys at ArentFox Schiff.
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Federal Debanking Scrutiny Prompts Compliance Questions
Recent U.S. Small Business Administration guidance sets forth requirements for preventing so-called politicized debanking and specific additional instructions for small lenders, but falls short on clarity for larger institutions, leaving lenders of all sizes with questions as they navigate this unique compliance challenge, say attorneys at Cooley.
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Series
Writing Novels Makes Me A Better Lawyer
Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at聽BakerHostetler.
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Personnel File Access Laws Pose New Risks For Employers
The state law trend toward expanding employee access to personnel files can have extensive consequences for employers, but companies can take proactive steps to avoid disputes and potential litigation based on such records, says Randi May at聽Tannenbaum Helpern.
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Opinion
IRS Shutdown Backlog May Trigger Collection, Refund Chaos
As the IRS continues to send automated collection notices amid the ongoing federal government shutdown, a mounting backlog of unprocessed refunds, collections filings and mail is causing problems for taxpayers that will continue even after the shutdown ends, says Meeren Amin at Fox Rothschild.
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SEC's No-Action Relief Could Dramatically Alter Retail Voting
The U.S. Securities and Exchange Commission recently cleared the way for ExxonMobil to institute a novel change in retail shareholder voting that could greatly increase voter turnout, granting no-action relief that represents an effective and meaningful step toward modernizing the shareholder voting process and the much-needed democratization of retail investors, say attorneys at Cozen.
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New Mass. 'Junk Fee' Regs Will Be Felt Across Industries
The reach of a newly effective regulation prohibiting so-called junk fees and deceptive pricing in Massachusetts will be widespread across industries, which should prompt businesses to take note of new advertising, pricing information and negative option requirements, say attorneys at Hinshaw.
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SDNY OpenAI Order Clarifies Preservation Standards For AI
The Southern District of New York鈥檚 recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a 鈥渒eep everything鈥 approach, says Philip Favro at Favro Law.
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What's At Stake In Justices' Merits Hearing Of FTC Firing
In December, the U.S. Supreme Court will review President Donald Trump's firing of Democratic Federal Trade Commissioner Rebecca Slaughter, a decision that will implicate a 90-year-old precedent and, depending on its breadth, could have profound implications for presidential authority over independent agencies, say attorneys at Holland & Knight.
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Cybersecurity Rule For DOD Contractors Creates New Risks
A rule locking in the Cybersecurity Maturity Model Certification system for defense contractors increases False Claims Act and criminal enforcement risks by narrowing a key exemption and mandating affirmations of past compliance, which may discourage new companies from entering the defense contracting market, say attorneys at Haynes Boone.
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Compliance Steps To Take As FCRA Enforcement Widens
As the Fair Credit Reporting Act receives renewed focus from both federal and state enforcers, regulatory and litigation risk is most acute in several core areas, which companies can address by implementing purpose processes and quick remediation of consumer complaints, among other steps, say attorneys at Wiley.
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What EPA's Continued Defense Of PFAS Rule Means For Cos.
The U.S. Environmental Protection Agency's recent decision to continue defending a Biden-era rule designating two per- and polyfluoroalkyl substances as Superfund hazards may provide the EPA with significant authority over national PFAS cleanup policy 鈥 and spur further litigation by both government and private parties, say attorneys at Morgan Lewis.
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6 Shifts In Trump Tax Law May Lend A Hand To M&A Strategy
Changes in the Trump administration's recent One Big Beautiful Bill Act stand to create a more favorable environment for mergers and acquisitions, including full bonus depreciation and an expanded code section, say attorneys at K&L Gates.