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Public Policy
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October 21, 2025
NTSB Member Urges DC Court To Nix Trump's 'Illegal' Firing
A National Safety Transportation Board member challenging his firing in May by President Donald Trump is urging a D.C. federal court to reinstate him, saying the board's removal protections are constitutional.
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October 21, 2025
Shutdown Won't Pause Suit Over Migrant Parole Terminations
A Massachusetts federal judge on Tuesday denied the government's request to stay proceedings in a proposed class action brought on behalf of nearly a million migrants that alleges their legal status was illegally ended by the Trump administration via an app.
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October 21, 2025
ISPs Put Almost $90B Into Networks Last Year, Report Says
Internet service providers are putting their money where their mouth is when it comes to investing in infrastructure, according to an industry lobbying group, which recently released a report finding that ISPs poured nearly $90 billion into broadband infrastructure last year.
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October 21, 2025
Groups Want Full DC Circ. To Review Emergency Air Rule
Environmental groups are asking the full D.C. Circuit to review a panel decision to restore air pollution-emitting facilities' right to defend themselves against alleged violations of the Clean Air Act by blaming emergency circumstances.
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October 21, 2025
Mich. Court Denies Gov't's Foreclosure Suit Atty Fee Bid
A Michigan appellate panel on Monday determined governments that foreclose on tax-delinquent properties aren't entitled to attorney fees and expenses racked up during litigation over how the surplus proceeds of the property sale are paid out.
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October 21, 2025
NTIA Looks To Surpass Budget Law's FCC Auction Target
A top U.S. Department of Commerce official said the nation's spectrum management agency is aiming to go even further than Congress' mandate to identify 500 megahertz of spectrum for private auction under this year's budget reconciliation bill.
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October 21, 2025
Third Tribe Signs Deal To Open Cannabis Shops In Minnesota
Minnesota has signed a compact with the Prairie Island Indian Community to allow the federally recognized tribe to issue licenses for eight cannabis retailers outside its reservation along with licenses to grow and manufacture the plant, the third such deal the state has made with a tribe.
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October 21, 2025
NY Appeals Ruling That Nuke Discharge Law Is Preempted
The state of New York has asked the Second Circuit to overturn a federal judge's ruling that found a state law barring the release of radioactive materials into the Hudson River was federally preempted.
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October 21, 2025
Partnership Deadline To Dispute IRS Is Fixed, Tax Court Says
A deadline to petition the U.S. Tax Court to challenge IRS adjustments to partnership returns is effectively fixed and cannot be extended, the court said Tuesday in a reviewed decision that denied an Alabama LLC's late bid to restore a $46 million deduction for donating to charity.
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October 21, 2025
Texas AG Wants Out Of Suit Over Ban On Sanctuary Cities
The Texas attorney general said Monday he would appeal to the Fifth Circuit a district court decision that left him alone defending a suit challenging a state law prohibiting local officials from limiting cooperation with federal immigration enforcement.
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October 21, 2025
Cities Sue Trump Admin Over DEI Conditions For Grant Funds
The city of Chicago and eight other local governments sued the Trump administration in Illinois federal court Monday, claiming the U.S. Department of Homeland Security has imposed unlawful conditions on federal grants that help them respond to disasters, including a requirement that they agree not to operate diversity, equity and inclusion programs.
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October 21, 2025
New York's Highest Court Demands Bail Denial Explanation
New York's highest court said a Queens trial court wrongly failed to explain why a man charged with promoting and possessing child pornography was denied bail, reversing an appeals court's dismissal of his habeas petition Tuesday.
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October 21, 2025
CFTC's Pham Expects Spot Crypto Trading By End Of Year
Acting U.S. Commodity Futures Trading Commission Chair Caroline Pham said Tuesday the agency is moving quickly to implement the White House's recommendations for enabling digital asset trading and innovation, with listed spot crypto trading expected to go live this year.
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October 21, 2025
NY Courts Can't Shield Memos To State Judges
The New York State Office of Court Administration may have to finally turn over a batch of "secret memos" that instruct state judges on how to interpret the law, the state's highest court ruled Tuesday.
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October 21, 2025
Feds, Enviro Orgs. Clash Over Bid To Pause Climate Panel Suit
The Trump administration has urged a federal judge to pause a lawsuit challenging its formation of a climate change science advisory panel while the federal government is shut down, a move opposed by the environmental groups behind the suit.
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October 21, 2025
FCC Urged To Rescind Pulling Of Equipment Testing Labs
Several entities linked to China urged the Federal Communications Commission to reconsider pulling their authorizations to run equipment testing labs in the U.S.
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October 21, 2025
Mich. AG Can Step Into Fire Insurance Policy Challenge
The Michigan attorney general can intervene in a dispute over the constitutionality of the state's Fire Insurance Withholding Program, which allows participating municipalities to withhold part of a property owner's insurance payout until fire-damaged property is repaired, a federal court ruled.
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October 21, 2025
DC Circ. Won't Pause La. LNG Terminal OK Amid FERC Fight
The D.C. Circuit has refused to pause the Federal Energy Regulatory Commission's approval of a massive liquefied natural gas export terminal in Louisiana while environmental groups and fishermen challenge the decision.
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October 21, 2025
Chamber Survey Says Overhaul Doubled Merger Filing Burden
The U.S. Chamber of Commerce on Monday released the results of a small survey indicating that an overhaul of U.S. merger notification requirements, which it's challenging in court, has created a dramatic increase in the time spent by outside counsel and the costs associated with preparing transaction paperwork.
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October 21, 2025
Pa. Senators Advance Bipartisan Cannabis Regulatory Bill
A Pennsylvania state Senate committee on Tuesday advanced a bill to create a new regulatory agency to oversee the state's medical marijuana program and market for hemp products.
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October 21, 2025
2 Calif. Tribes Seek Early Win Against OK'd Casino Project
Two California Native American tribes and an environmental nonprofit are seeking a summary judgment win in their suit accusing the federal government of improperly approving another California tribe's casino project that they say hasn't been properly assessed for environmental impact.
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October 21, 2025
Supreme Court Medina Ruling Erodes Public Health Networks
Healthcare advocates in more than a dozen states are bracing for Planned Parenthood's ouster from public benefit programs after a U.S. Supreme Court decision in June.
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October 21, 2025
Senate Confirms Fed. Judges For Florida And Alabama
The U.S. Senate voted on Tuesday to confirm Judge Anne-Leigh Gaylord Moe of the Florida Second District Court of Appeal to serve on the Middle District of Florida, along with Harold D. Mooty III, a partner at Bradley Arant Boult Cummings LLP, to the Northern District of Alabama.
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October 20, 2025
USCIS Guidance Gives Scope Of New $100K H-1B Fee
The $100,000 fee requirement for H-1B visas that took effect last month applies to new H-1B petitions filed on behalf of applicants who are outside the United States, U.S. Citizenship and Immigration Services said Monday.
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October 20, 2025
'Unacceptable': NC DOJ Rebuked For Repeat Rule Violations
A Raleigh, North Carolina, federal judge has sanctioned the state's Department of Justice, accusing one of its prosecutors of filing a frivolous motion in order to delay trial in an illegal detention lawsuit, while noting this isn't the first time the office has "tested the patience" of the federal judiciary.
Expert Analysis
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Unpacking The BIS Guidance On Chinese AI Chip Use
In response to May guidance from the Bureau of Industry and Security, which indicates the agency considers a wide but somewhat unclear range of activities involving Chinese integrated circuits to be in violation of its General Prohibition 10, companies should consider adopting enhanced due diligence to determine how firm counterparties may be using the affected chips, says Peter Lichtenbaum at Covington.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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How New Texas Law Targets ESG Proxy Advice
A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.
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8 Compliance Team Strategies To Support Business Agility
Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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Annual Report Shows CFIUS Extending Its Reach In 2024
The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.
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Trump Tax Law's Most Impactful Corp. And Individual Changes
The One Big Beautiful Bill Act built on and reshaped elements of the Tax Cuts and Jobs Act, including business interest deductions, bonus depreciation and personal income relief, delivering substantial changes to both corporate and individual tax policy, say attorneys at Weil.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Trump Tax Law's Most Consequential International Changes
The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How 6th Circ. Ruling Deepens Split On Broker Liability
A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.