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Public Policy
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November 06, 2025
FEMA Says States 'Mistaken' On Disaster Mitigation Program
The Federal Emergency Management Agency on Wednesday urged a Massachusetts federal judge to throw out a lawsuit by 22 states and the District of Columbia over the future of a program that funds infrastructure-hardening projects to mitigate the effects of natural disasters.
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November 06, 2025
Trump Taps Ex-Kansas AG Deputy For DOJ Legal Policy Role
President Donald Trump has nominated Dan Burrows, a White House official and former chief deputy attorney general of Kansas, to be assistant attorney general for the U.S. Department of Justice's Office of Legal Policy.
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November 06, 2025
Cannabis Biz Says NY Law Preempts Town's Zoning Policy
A cannabis dispensary has urged a New York federal court to take its side in a dispute with a town that it says is preventing it from doing business, arguing the court should rule the state's Marijuana Regulation and Taxation Act preempts a local zoning law that requires the company to obtain additional approval.
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November 06, 2025
8th Circ. OKs Home Depot Barring Worker's Display Of 'BLM'
An Eighth Circuit panel vacated a National Labor Relations Board ruling that Home Depot illegally forced out a worker who insisted on showing Black Lives Matter support at work, holding Thursday that social unrest at the time of their February 2021 display justified the company's caution.
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November 06, 2025
Finland Proposes Anti-Avoidance Measure For Minimum Tax
Finland began seeking feedback Thursday on amendments to the country's 15% global minimum tax that include a new anti-avoidance provision but primarily incorporate OECD guidance.
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November 06, 2025
Okla. Justices Claim Immunity In Pot Atty's Suspension Suit
The Oklahoma Supreme Court is urging a federal court to dismiss a suit from a disbarred attorney who claimed his suspension was retaliation for public criticism of the justices and the state bar, saying the high court has sovereign immunity under the Eleventh Amendment.
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November 06, 2025
Fed. Circ. Won't Overrule Stewart's Institution Practices
The Federal Circuit on Thursday rejected petitions filed by Motorola, Google, Samsung and SAP America arguing that the deputy director of the U.S. Patent and Trademark Office violated their due process rights by changing institution practices at the Patent Trial and Appeal Board.
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November 06, 2025
2nd Circ. Orders New Look At Trump's Hush Money Case
In a published opinion, the Second Circuit on Thursday ordered a federal district judge to take a fresh look at President Donald Trump's attempt to move his New York hush money conviction to federal court, citing the U.S. Supreme Court's 2024 presidential immunity ruling as grounds for reconsidering the case.
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November 05, 2025
Fed Signs Off On Revamp To Ease Big-Bank Ratings
The Federal Reserve said Wednesday that it has finalized an overhaul to its supervisory ratings system for large banks, adopting changes that will allow more of these lenders to qualify as "well managed."
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November 05, 2025
Ill. Judge Weighs Injunction On Federal Agents' Use Of Force
An Illinois federal judge Wednesday appeared amenable to ordering longer-term restrictions on force immigration agents can use on press and peaceful demonstrators in the Chicago area, disagreeing with a Justice Department attorney's argument that witnesses who experienced force continued to protest and report, saying their testimony suggested a "chilling effect."
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November 05, 2025
Ill. Judge Grants Detainees A TRO Over ICE Facility Conditions
An Illinois federal judge handling allegations of "inhumane" conditions at an immigration holding facility in Broadview temporarily restrained the government Wednesday from allowing such conditions to continue, but said he left room in the order for realistic compliance expectations and due deference to the officials running the facility.
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November 05, 2025
Lumbee Act Faces Senate Scrutiny Amid Tribal Identity Debate
Generations of ancestors and lawmaker allies have come and gone as the Lumbee Tribe has sought federal recognition, its chairman told the U.S. Senate Indian Affairs Committee on Wednesday, arguing that legislation for the status has been introduced 13 times and its passage is long overdue.
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November 05, 2025
Institutional Investors Rip SEC's 'Radical' Forced Arb. Policy
A coalition of more than 60 major institutional investors and pension systems slammed the U.S. Securities and Exchange Commission's recent "radical" policy reversal allowing some newly public companies to adopt mandatory arbitration clauses, arguing the move harms both investors and companies, which will face "numerous, time-consuming and costly individual arbitrations."
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November 05, 2025
Okla. Seeks Toss Of Medical Marijuana Operators' Suit
No one has a right to sell marijuana, Oklahoma argued when asking a federal court to quash a lawsuit by a group of medical marijuana companies accusing the state of violating the Constitution's dormant commerce clause by implementing residency requirements to obtain a license.
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November 05, 2025
Daytona Beach Asks 11th Circ. To Revive Panhandling Law
The city of Daytona Beach, Florida, asked the Eleventh Circuit Wednesday to reverse an order declaring unconstitutional a city ordinance criminalizing panhandling in certain parts of the city, arguing the ordinance is not a content-based restriction on speech.
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November 05, 2025
Kalshi, Robinhood Say Tribes' Gaming Law Case Lacks Merit
Kalshi and Robinhood have told a California federal judge that Native American tribes in the state can't bring claims that the trading platforms ran a criminal racket and flouted laws protecting tribal gaming by offering their sports event contracts, since the wagers are ultimately overseen by federal commodity laws.
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November 05, 2025
UPS Crash Probe Begins, FAA Plans For 10% Cut In Air Traffic
A UPS cargo plane that crashed in Louisville, Kentucky, appeared to have an engine on fire that detached from the aircraft during takeoff, the National Transportation Safety Board said Wednesday as investigators began collecting and examining evidence from a fiery crash that left 11 people dead.
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November 05, 2025
Dems Nab PSC Spots As Georgians React To High Utility Bills
Georgia Democrats rolled to victory Tuesday over two Republican members of the state's utility oversight board, breaking the GOP's monopoly on the Public Service Commission and opening the door for shakeups in Peach State energy policy, experts say.
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November 05, 2025
Judge Demands Facts In Pa. Medicaid-Paid Abortion Ban Case
A Pennsylvania Commonwealth Court judge on Wednesday repeatedly asked healthcare providers at oral arguments to show her facts on why a statewide ban on Medicaid-funded abortions was unconstitutional, often remarking that the case was short on evidence to support making changes to the coverage exclusion.
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November 05, 2025
AGs Defend Bid To Intervene In DOJ's HPE Merger Deal
More than a dozen Democratic attorneys general have assailed the Justice Department and Hewlett Packard Enterprise for fighting their bid to peek behind the controversial settlement clearing HPE's $14 billion purchase of Juniper Networks, telling a California federal judge that Congress created court oversight for deals just like this.
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November 05, 2025
Alaska Plumber Fights Feds' Contractor Labor Rule
Former President Joe Biden's administration didn't have the authority to issue a rule requiring contractors on large federal contracts to agree to union deals, an Alaska plumbing and heating subcontractor argued Wednesday as it asked a federal court to vacate the rule.
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November 05, 2025
Mamdani Taps Ex-FTC Chief Lina Khan For NYC Transition
New York City Mayor-elect Zohran Mamdani on Wednesday named an all-woman transition team, including former Federal Trade Commission Chair Lina Khan, who attracted the ire of tech giants and corporations by spearheading the Biden administration's aggressive antitrust enforcement.
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November 05, 2025
Cypriot Firm Challenges OFAC Sanctions In DC Court
A Cypriot tech investment company is suing the U.S. Department of the Treasury's Office of Foreign Assets Control, claiming it should be removed from a list of entities under U.S. sanctions brought following the invasion of Ukraine.
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November 05, 2025
Calif. GOP Sues To Block Voter-Approved Prop. 50 Districts
A group of Golden State Republicans sued Gov. Gavin Newsom and the state secretary in California federal court Wednesday, challenging the new redistricting maps that California voters approved Tuesday in passing Proposition 50, which could potentially flip five House seats for Democrats in next year's midterm election.
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November 05, 2025
11th Circ. Says Not Feds' Fault If $345M Crypto Key Was Lost
The Eleventh Circuit has ruled that a man convicted of identity theft cannot sue the government for $345 million he claims he lost because federal investigators wiped a hard drive containing access codes to several thousand bitcoins, noting the man didn't tell investigators about the cryptocurrency.
Expert Analysis
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Parsing Trump Admin's First 6 Months Of SEC Enforcement
The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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The Consequences Of OCC's Pivot On Disparate Impact
The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.
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FDA Transparency Plans Raise Investor Disclosure Red Flags
The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.
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Rising USCIS Denials May Signal Reverse On Signature Policy
Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits
A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.
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How FDIC Appeals Plan Squares With Fed, OCC Processes
The Federal Deposit Insurance Corp.'s recent proposal to revise its appeals process merits a fresh comparison to the appeals systems of the Federal Reserve and Office of the Comptroller of the Currency, and would provide institutions with greater transparency and independence, say attorneys at Alston & Bird.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'
The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.