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Public Policy
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October 17, 2025
Congressional Dems Push For No Layoffs At Interior And EPA
Democratic lawmakers are demanding the U.S. Environmental Protection Agency and the U.S. Department of the Interior halt any plans to reduce staff as the federal government shutdown continues into its third week.
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October 17, 2025
Man Arrested In Mistaken ID Case Can Sue, 11th Circ. Says
A Florida police officer cannot escape a lawsuit alleging the officer violated the Fourth Amendment when he entered a home without a warrant and then tasered and arrested the father of a suspect in a case of mistaken identity, the Eleventh Circuit has ruled, while remanding related claims for further review.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Native Policy Roundup: $128M Protects Tribal, Farm Lands
Despite the U.S. government moving into its third week of a shutdown, state and federal lawmakers continue to introduce — and approve — legislation toward advancing Native American rights and sovereignty. Law360 examines some of the state, federal and tribal legislation and policies introduced in the past week
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October 17, 2025
Lawmakers Press DOD To Undo Weapons Testing Office Cuts
Two Democratic lawmakers pushed the U.S. Department of Defense to explain and reverse funding, staff and program cuts for an independent office that evaluates weapons systems, saying they are concerned the cuts will waste tax dollars and put service members at risk.
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October 17, 2025
Texas Farm Bureau Suit Alleging USDA Discrimination Stayed
A Texas federal judge on Thursday opted to stay the Texas Farm Bureau's suit against the USDA over the agency's alleged preferential treatment of minority farmers while a similar case plays out.
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October 17, 2025
USPTO Head To Take Over Patent Review Institution Decisions
John Squires, director of the U.S. Patent and Trademark Office, said Friday that he will now make all decisions on whether to institute America Invents Act reviews of patents, including on the merits of the challenge and discretionary issues, in a major overhaul of the review system.
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October 17, 2025
NC Justices Say Doctor Can't Appeal Dismissal Denial
The North Carolina Supreme Court on Friday denied a doctor and hospital's attempt to reverse an appeals court order upholding the denial of their requests to dismiss a malpractice suit, saying they did not have the right to appeal the denial in the first place.
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October 17, 2025
Industry Calls On Policymakers To Tackle Telecom Vandalism
Growing theft and vandalism of telecom lines can trigger not only immediate costs, but broader economic and social ripple effects from network shutdowns, a wireless infrastructure group warned in a pair of new reports issued to support the group's call for stepped-up law enforcement.
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October 17, 2025
UN Shipping Agency Delays Carbon Price Opposed By US
The United Nations' shipping agency agreed Friday to postpone for one year its plan to introduce a global carbon price, which the U.S. government opposes, having called it a "global carbon tax."
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October 17, 2025
Va. Judge Orders Bond Hearing For Detained Salvadoran
A Virginia federal judge ordered the Trump administration to provide a bond hearing before an immigration judge for a Salvadoran man who U.S. Immigration and Customs Enforcement detained in August, rejecting the government's argument that he is subject to mandatory detention.
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October 17, 2025
9th Circ. Upholds Nigerian's Asylum Denial For Marriage Fraud
An immigration judge reasonably denied a Nigerian man's application for asylum after finding him not credible based on a prior marriage fraud admission, a Ninth Circuit panel ruled.
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October 16, 2025
Proposed New Rules Would Cut Off Many PTAB Challenges
The U.S. Patent and Trademark Office proposed rules Thursday that would prevent inter partes reviews challenging patents from being instituted in many scenarios, and attorneys said implementing the plan would significantly reduce challenges and make them far less appealing to accused infringers.
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October 16, 2025
Unions Challenge Feds' AI Surveillance Of Noncitizens' Views
Three labor unions sued the Trump administration in New York federal court Thursday to stop a surveillance program they allege scours online activity for viewpoints the administration doesn't like and leverages the threat of immigration enforcement to coerce silence.
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October 16, 2025
FEMA Ordered To Restore $34M NY Anti-Terror Funds
A Manhattan federal judge on Thursday ordered the Trump administration to restore nearly $34 million in slashed funds to protect New York's massive transit system from terrorism, saying the White House unlawfully tied the state's grant to immigration policy.
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October 16, 2025
Smartmatic Faces FCPA Indictment In Philippine Bribery Case
A Florida federal grand jury on Thursday returned a superseding indictment that adds charges against Smartmatic, which wasn't previously a party to prosecutors' case accusing former executives at the voting machine company of bribing an elections official in the Philippines to secure contracts.
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October 16, 2025
Fed. Judge Keeps X's Suit Against Apple, OpenAI In Texas
A Texas federal judge told X Corp, Apple and OpenAI that they ought to move their headquarters to Fort Worth if they like litigating in Cowtown so much, opting Thursday to keep X and xAI's sweeping antitrust suit against Apple and OpenAI in the Lone Star State.
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October 16, 2025
Why Ethics Complaints Against Halligan Face 'Very High Bar'
Interim U.S. Attorney Lindsey Halligan for the Eastern District of Virginia could face bar disciplinary action or court sanctions if the prosecutions she's pursuing at President Donald Trump's behest are found to be politically motivated or baseless, although proving ethics allegations will be an uphill battle, experts say.
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October 16, 2025
Farmers Urge Wash. Justices To Void Fuel Exemption Regs
A Washington Supreme Court justice suggested Thursday that the state's framework for an exemption under its greenhouse gas "cap-and-invest" program has fallen short of lawmakers' express goal of ensuring farmers have access to surcharge-free fuel for agricultural purposes.
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October 16, 2025
Lumen Wants 'Speculative' $1.4B Pension Swap Suit Tossed
Lumen Technologies Inc. asked a Colorado federal court to throw out a proposed class action alleging it wrongly transferred obligations for a $1.4 billion pension fund to a private equity-controlled insurance company, calling it "speculative" and arguing that retired employees can't show they've been harmed by the move.
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October 16, 2025
Tech Group Aims To Ax Texas' App Store Age Verification Law
A new Texas law that requires app store owners to verify users' ages and block minors from downloading apps or making in-app purchases without parental consent unconstitutionally imposes a "broad censorship regime" on the entire mobile app ecosystem, a tech industry trade group argued in a lawsuit Thursday seeking to strike down the measure.
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October 16, 2025
Kalshi Tells 4th Circ. Md. Is Stepping On CFTC Oversight
Maryland federal judge was wrong to reject sports betting company Kalshi's argument that its so-called prediction market, which allows users to wager on the outcome of real-world events, counts as a federal derivative exchange, the company said to the Fourth Circuit.
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October 16, 2025
Ex-Va. Federal Prosecutor Joins NY AG James' Defense Team
The former deputy criminal chief for the U.S. Attorney's Office in Norfolk, Virginia, on Oct. 16 joined the team defending New York Attorney General Letitia James in the government's case accusing her of mortgage-related fraud, filed after the president encouraged prosecutors to take action against his "guilty as hell" political opponents.
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October 16, 2025
Trump Unveils IVF Drug Pricing Deal: 'We Want More Babies'
President Donald Trump on Thursday unveiled two initiatives he said were designed to enhance the accessibility and affordability of in vitro fertilization.
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October 16, 2025
NY Counties Want Court To Toss Rest Of 911 Tribal Bias Suit
Two New York counties have asked a federal judge to rethink her dismissal of only part of a lawsuit brought by the Cayuga Nation that accuses the counties of refusing to forward 911 calls made from the tribe's land to the tribal police unless the nation pays to connect the force to the counties' 911 system.
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 Practical Guidance
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.