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Public Policy
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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.
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October 20, 2025
States, DC Fight Feds' Bid To Cut Billions In OMB Grant Case
Twenty-three states and the District of Columbia have told a Massachusetts federal judge to hold onto their case challenging the Trump administration's use of "a single subclause" buried in a U.S. Office of Management and Budget regulation to shut off billions in federal grants.聽
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October 20, 2025
NJ Asks If Experts Are Needed For Mental Defenses
New Jersey's Supreme Court on Monday heard arguments on whether expert testimony is needed to advance insanity or diminished capacity defenses in two murder cases, with defense attorneys and the American Civil Liberties Union arguing state lawmakers intended juries, with or without doctors, to evaluate evidence regarding state of mind.
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October 20, 2025
Trump Picks State Justice, Ex-US Atty For La. Federal Bench
President Donald Trump announced on social media Monday his intent to nominate a Louisiana Supreme Court justice and a former acting U.S. attorney for the Western District of Louisiana to fill vacancies on the Bayou State's federal benches.
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October 20, 2025
Judge Blocks DOD Schools' Gender, Sex And Race Book Ban
A Virginia federal judge said Monday that the U.S. Department of Defense school system must restore hundreds of books and lessons on race and gender that were pulled under the Trump administration, finding the removals likely violated students' First Amendment rights.
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October 20, 2025
9th Circ. Judges Doubt DOD's 'Broad' Transgender Troop Ban
Two Ninth Circuit judges hearing an appeal Monday expressed doubts about the Trump administration's bid to vacate a preliminary injunction blocking the U.S. Department of Defense from treating gender dysphoria as a disqualifying medical condition, saying the "broad" new policy sweeps in undiagnosed individuals.
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October 20, 2025
Drugmakers Say Conn. Law Illegally Extends Beyond State
A group of generic drug manufacturers has asked a Connecticut federal court to block the enforcement of a new price-control law against sales that occur outside of Connecticut, claiming that the law violates the U.S. Constitution.
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October 20, 2025
Ill. Asks Justices To Keep National Guard Out Of Chicago
Illinois and the city of Chicago implored the U.S. Supreme Court on Monday to leave in place a federal judge's order temporarily barring the Trump administration from sending National Guard troops to the Windy City, arguing the evidence on the ground comes nowhere close to supporting the president's deployment order.
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October 20, 2025
Trump Sending Guard To Portland Likely Legal, 9th Circ. Says
The Ninth Circuit recognized in a split panel decision on Monday that President Donald Trump likely acted within his statutory power when he called for Oregon National Guard members to be sent to Portland, granting the federal government's bid to stay a lower court order blocking the deployment as an appeal plays out.
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October 20, 2025
OCC Chief Says Stablecoin Drain Wouldn't 'Happen Overnight'
A top U.S. banking regulator on Monday downplayed concerns that future growth in interest-earning payment stablecoins could bleed banks of deposits, saying any such shift would be gradual and closely watched by regulators, not a sudden shock to the system.
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October 20, 2025
5G Broadcast Called Potential 'Force Multiplier' For Industry
Advocates of federal policies to support 5G Broadcast said the technology can help cellular networks by offloading聽technology that uses 5G to broadcast television, and other content is not "in competition with mobile networks" but a complement to them.
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October 20, 2025
Tax Pros Seek Clarity In Energy Supplier Certification Rules
The U.S. Treasury Department should clarify how developers can demonstrate new supplier certification compliance for some clean energy tax credits retooled by the Republican budget law, practitioners said Monday, noting uncertainty over what information could suffice under new restrictions on certain foreign suppliers.
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October 20, 2025
Judge Blocks Ohio Ban On NIL For High School Athletes
An Ohio judge on Monday opened the door to high school athletes in the state to begin receiving name, image and likeness compensation, granting a request by the mother of a star football player to immediately block a ban on such payments.
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October 20, 2025
DA Willis' Subpoena Appeal On Hold After Testimony Deal
Georgia's highest court agreed Monday to put off hearing a fight over whether Fulton County District Attorney Fani Willis can be brought before a legislative committee investigating her handling of the election interference case against President Donald Trump after Willis agreed to appear before the lawmakers next month.
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October 20, 2025
5th Circ. Affirms Fraud Conviction Of Failed Bank's Ex-CEO
A Fifth Circuit panel upheld the conviction of former First NBC Bank CEO Ashton J. Ryan Jr., who was sentenced to 14 years in prison and ordered to pay $215 million in restitution after a jury found him guilty of bank fraud and conspiracy related to the collapse of the Louisiana bank.
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October 20, 2025
Lack Of Police Funding 'Catastrophic' For SD Tribe, Suit Says
A South Dakota tribe is asking for an order that would require the federal government to sufficiently fund its public safety resources, arguing that the United States' failure to treat law enforcement as a trust and treaty obligation continues to be catastrophic for it and its members.
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October 20, 2025
Ill. Judge Grills Immigration Officials Over Use Of Force
Two immigration officials defended their agencies' recent use of force during the Trump administration's ongoing enforcement crackdown in Chicago on Monday, taking the stand after an Illinois federal judge expressed concern that they were violating her earlier order temporarily barring them from using allegedly violent silencing tactics against the media and peaceful protesters.
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October 20, 2025
DOT's Immigrant Truck Driver Rule Gets DC Circ. Challenge
Workers and unions on Monday petitioned the D.C. Circuit to review a new U.S. Department of Transportation rule that blocks certain immigrants from holding commercial driver's licenses despite having authorization to work in the U.S.
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October 20, 2025
Mich. Judge Orders Release Or Bond Hearings For Immigrants
U.S. Immigration and Customs Enforcement violated the rights of eight noncitizens by detaining them without providing bond hearings, a Michigan federal judge ruled, echoing her prior characterization of the Trump administration's push to impose mandatory detention as "not only wrong, but fundamentally unfair."
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October 20, 2025
Fed. Circ. Revived Chevron In PTAB Appeal, Justices Told
The Federal Circuit has revived Chevron deference in "all but name," by relying on U.S. Patent and Trademark Office policy to answer a key question about what qualifies as prior art, a law professor has told the U.S. Supreme Court.
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October 20, 2025
Connecticut Official Had 'Dirtiest Hands Of All,' Jury Told
Former Connecticut school construction director Kosta Diamantis was a "corrupt public official" who pushed local authorities to hire a masonry contractor and a construction management firm that paid him a cut of their negotiated government contracts, prosecutors told a jury during closing arguments Monday.
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October 20, 2025
Proposed PTAB Rules Bolster SAP's Fight, Fed. Circ. Told
SAP America Inc. told the Federal Circuit on Friday that its challenge to the U.S. Patent and Trademark Office's stance on Fintiv-based discretionary denials is bolstered by newly proposed USPTO rules, which the company says聽prove that "mandamus relief is urgently needed to protect important public interests."
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October 20, 2025
Tylenol Maker Tells FDA Not To Add Autism Warning
Tylenol maker Kenvue on Friday told the U.S. Food and Drug Administration to reject a call to add warnings about the risk of using acetaminophen during pregnancy, saying that "expansive" scientific evidence shows there is no proven link between the over-the-counter drug and autism.
Expert Analysis
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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 sa国际传媒 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 鈥 but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimar茫es.
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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.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual鈥檚 recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the bene铿乼s of voluntary self-disclosure, say attorneys at Paul Weiss.
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Data Undermines USPTO's 'Settled Expectations' Doctrine
An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.
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Drafting M&A Docs After Delaware Corp. Law Amendments
Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.