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Public Policy
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October 27, 2025
Feds Push To Keep Challenge To Calif. Truck Rules Alive
The U.S. Environmental Protection Agency is urging a California federal court not to dismiss its intervenor claims alleging that the state violated the Clean Air Act through its adoption of new emissions standards for heavy duty trucks.
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October 24, 2025
Inventors Explore Funding, Celebrate Stewart And Newman
Suspended Federal Circuit Judge Pauline Newman and deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart provided encouragement to members of US Inventor Friday as the inventors heard each other's stories, learned the logistics of protecting or losing their patents, and gained tips on financing their litigation.
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October 24, 2025
Fed Moves To Open Stress Test Models In 'Transparency' Push
The Federal Reserve Friday issued a package of proposals to open up its stress-testing models and scenario designs to public scrutiny, pulling back the curtain on a process that helps determine capital requirements for the nation's biggest banks.
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October 24, 2025
Justices' Whistleblower Denial Has Some Attys Fearing A Chill
The U.S. Supreme Court's decision not to take up a whistleblower award calculation appeal has highlighted a long-running concern that whistleblowers could be left out in the cold if the company they expose falls into bankruptcy before they get awards to which they would otherwise be entitled.
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October 24, 2025
Calif. Dialysis Bill Violates Free Speech, 9th Circ. Told
Attorneys for healthcare providers, dialysis patients and a charity urged the Ninth Circuit in a Friday hearing to reverse a district court ruling upholding part of a California law capping profits for dialysis providers that donate to a charitable fund that then supports insurance payments for the providers' patients.
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October 24, 2025
FCC Knocked For Weakening Broadband Nutrition Labels
The Federal Communications Commission should be more concerned with ensuring that consumers can find the agency-mandated nutrition-style broadband labels meant to inform them about prices and fees than it is with stripping away the labels' various requirements, says a left-leaning think tank.
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October 24, 2025
Curaleaf Urges Block On NJ Pot Shop Union Rule
Curaleaf asked a New Jersey federal judge Friday to block state cannabis industry regulators from making cannabis retailers sign labor peace agreements with unions, saying the requirement treads on the retailers' rights under the National Labor Relations Act.
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October 24, 2025
NBA Betting Scandal A Wake-Up Call For Leagues, Industry
The National Basketball Association, with its enormous earnings, popularity and influence nationally and internationally, is under the microscope after Thursday's indictments of current and former players in a big gambling scheme — but legal experts say no sport, league or gaming entity should feel safe or comfortable in the environment where the NBA scandal evolved.
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October 24, 2025
Court Weighs Limits On Trump's DC National Guard Powers
A D.C. federal judge Friday repeatedly pressed a Trump administration lawyer on whether there are any limits to the president's power over the District of Columbia National Guard under his reading of federal law, as the attorney insisted the powers were intended to be "broad."
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October 24, 2025
FDIC's Signage Rule Revamp Sparks Clash Over Flexibility
The Federal Deposit Insurance Corp.'s proposal to loosen Biden-era requirements for displaying its official logo on digital banking channels is drawing mixed reactions, with consumer advocates warning it goes too far while bank groups say it "does not go far enough."
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October 24, 2025
2nd Circ. Says 'Aged Out' Minor Nixed Man's Removal Relief
The Board of Immigration Appeals rightly denied an Ecuadorian man's plea to stay in the U.S. to prevent hardship to a minor daughter when she turned 21 by the time it issued a decision, a Second Circuit panel ruled Friday.
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October 24, 2025
Feds Want Goldstein To Disclose 'Blame Everyone' Defense
The federal government Friday urged a Maryland federal judge to give SCOTUSblog co-founder Tom Goldstein a December deadline to disclose whether he intends to assert at trial that he failed to file tax returns due to legal advice, saying it expects him to "blame everyone other than himself."
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October 24, 2025
Ore. Court Mulls Guard Deployment Limit After 9th Circ. Ruling
An Oregon federal judge weighing the potential deployment of the National Guard to Portland on Friday zeroed in on two factors that might distinguish an ongoing court pause on deployment from an earlier restriction that a divided Ninth Circuit panel sunk — the number of troops and the states they come from.
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October 24, 2025
Former Judges Tell Justices To Strike Down Trump's Tariffs
Former federal judges and government officials, joined by scholars, economists, businesses and interest groups, told the U.S. Supreme Court this week that President Donald Trump's emergency tariffs should be struck down because the law the president has utilized does not give him power to impose those measures.
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October 24, 2025
New DHS Rule Requires Photos For All Noncitizens At Borders
The U.S. Department of Homeland Security unveiled a final regulation on Friday requiring all noncitizens and immigrants to be photographed when they enter or exit the U.S., with no exceptions for kids.
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October 24, 2025
Feds Say They Plan To Deport Abrego Garcia To Liberia
The Trump administration told a Maryland federal judge Friday that it intends to deport Kilmar Abrego Garcia to Liberia, saying the African country agreed to take the Salvadoran and gave assurances that the country won't mistreat him.
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October 24, 2025
DC Circ. Urged To Freeze DOT's Immigrant Truck Driver Rule
Immigrant drivers and unions on Friday asked the D.C. Circuit for an emergency pause on a new U.S. Department of Transportation rule that blocks certain immigrants from driving commercial trucks and buses, denying that these drivers pose safety risks permitting the agency to immediately cut off licensing.
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October 24, 2025
FCC Can't Justify New Prison Call Fee, Advocates Say
A group pressing the Federal Communications Commission for lower prison phone calling told the FCC it cannot justify how it calculates a fee for jail and prison security costs in an upcoming new rate rule.
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October 24, 2025
Ohio, Ky. Reps Again Pursue Bill To Make PTAB Optional
A bipartisan pair of legislators in the U.S. House of Representatives are floating a bill that would give patent owners the ability to extinguish challenges to their intellectual property at the Patent Trial and Appeal Board before they start.
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October 24, 2025
Pot Nonprofit Defends Timeliness Of Discrimination Claim
A Black entrepreneur who was denied a marijuana license eight years ago should be allowed to pursue his discrimination lawsuit against the Washington State Liquor and Cannabis Board, the businessman told a federal court this week, saying he just recently caught wind of the favorable treatment the board gave white-owned businesses over minority-owned ones.
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October 24, 2025
Mich. Patients, Doctors Fight Pregnancy End-Of-Life Carveout
A group of Michigan couples and doctors has sued to challenge a Michigan law that prevents medical professionals and family members from honoring the end-of-life medical care decisions of pregnant women who refuse life-sustaining care.
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October 24, 2025
USTR To Probe China's Adherence To 2020 Trade Deal
The Office of the U.S. Trade Representative opened an investigation Friday into China's adherence to a 2020 trade deal after determining there has been an "apparent failure to comply" with its terms, an accusation disputed by a Chinese government representative who spoke with Law360.
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October 24, 2025
Off The Bench: NBA Gambling Woes, Golfer's $50M Trial Win
In this week's Off The Bench, the NBA faces a gambling scandal during its opening week, a Florida jury hands golfer Jack Nicklaus a $50 million victory in his defamation lawsuit, and DraftKings and the NHL step into the realm of prediction markets.
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October 24, 2025
Calif. Groups Push Billionaire Tax To Offset Federal Cuts
A tax on the wealthiest Californians is once again on the table in the nation's largest state, this time via a proposal for a voter referendum.
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October 24, 2025
8th Circ. Again Upholds Block On Iowa Immigration Law
An Eighth Circuit panel backed a federal judge's decision to temporarily block an Iowa law that allowed state officials to arrest and remove previously deported noncitizens, ruling the law likely infringes on the federal government's immigration authorities.
Expert Analysis
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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.
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How The Genius Act May Aid In Fight Against 'Pig Butchering'
The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Opinion
Congressional Bid Protest Concerns Lack Evidence
The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.