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Public Policy
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									October 21, 2025
									Groups Want Full DC Circ. To Review Emergency Air RuleEnvironmental 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 BidA 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 TargetA 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 MinnesotaMinnesota 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 PreemptedThe 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 SaysA 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 CitiesThe 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 FundsThe 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 ExplanationNew 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 YearActing 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 JudgesThe 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 SuitThe 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 LabsSeveral 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 ChallengeThe 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 FightThe 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 BurdenThe 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 BillA 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 ProjectTwo 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 NetworksHealthcare 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 AlabamaThe 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 FeeThe $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 ViolationsA 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 CaseTwenty-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. 
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									October 20, 2025
									NJ Asks If Experts Are Needed For Mental DefensesNew 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 BenchPresident 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. 
Expert Analysis
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								Parenting Skills That Can Help Lawyers Thrive Professionally  As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird. 
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								Unpacking The New Opportunity Zone Tax Incentive Program  The One Big Beautiful Bill Act brought several improvements to the opportunity zone tax incentive program that should boost investments in qualified funds, including making it permanent, increasing federal income tax benefits in rural areas, redesignating the qualified zones, and requiring more in-depth reporting, says Marc Schultz at Snell & Wilmer. 
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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 CFPB 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 — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães. 
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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.jpg)  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’s 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 benefits 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.