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Public Policy
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November 04, 2025
Mich. Judge Won't OK Election Training Docs Subpoena Yet
The Michigan Court of Claims has declined to order Secretary of State Jocelyn Benson to turn over election training materials demanded by state lawmakers for now, finding conflicting evidence about the motive behind the subpoena.
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November 04, 2025
5th Circ. Unsure Man Can Challenge Texas Ban On Land Sales
A Fifth Circuit panel seemed skeptical of a seminary student's argument that Texas' new law barring Chinese nationals from buying land in the Lone Star State applies to him, suggesting Tuesday the man seems to be domiciled in Texas.
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November 04, 2025
Nordstrom Customers Sue Over Allegedly Misleading Spam
Nordstrom Inc. sent hundreds of marketing emails that tricked customers into thinking they had only a short window of time to obtain deep discounts at Nordstrom Rack, plaintiffs said in a new proposed class action alleging the messages broke Washington state law.
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November 04, 2025
Ill. ICE Processing Facility Has 'Become A Prison,' Judge Says
An Illinois federal judge said Tuesday that attorneys representing a proposed class of individuals detained at a U.S. Immigration and Customs Enforcement processing center in suburban Chicago had presented a "disturbing record" of the conditions at the facility that likely justifies a temporary restraining order in some form, but held off ruling until Wednesday.
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November 04, 2025
Ex-Fla. GOP Chair Says Police Unlawfully Searched His Phone
The former chairman of Florida's Republican Party sued a pair of police detectives for alleged violations of his constitutional rights, claiming he was forced to resign after they searched his cell phone and included private communications in reports that were leaked to the public.
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November 04, 2025
Squires Sets Precedent On Making AI Patent-Eligible
U.S. Patent and Trademark Office Director John Squires on Tuesday made precedential his September declaration that an invention shouldn't be deemed unpatentable just because it involves machine learning.
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November 04, 2025
CFPB's Information Security 'No Longer Effective,' IG Says
The Consumer Financial Protection Bureau's information security program has weakened under the Trump administration and is "no longer effective" amid staff departures and loss of contractor resources, according to a new inspector general report.
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November 04, 2025
Ga. Panel Mulls Courts' Leeway To Alter Restrictive Covenants
A Georgia appeals court pressed attorneys Tuesday for answers on how trial judges should determine how or when to modify restrictive covenants, during oral arguments on a motorcycle dealership chain's push to enforce a noncompete against its former chief operating officer.
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November 04, 2025
Removal Push Defies Century Of Legal Precedent, Court Told
An immigrant rights organization has told the D.C. Circuit that the Trump administration's push for the expedited removal of noncitizens who entered the U.S. without authorization has already led to unlawful removals and "an intolerable risk of erroneous deportations" for others.
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November 04, 2025
DOJ, Google Spar Over Breakup Bid In Ad Tech Case
The U.S. Department of Justice is continuing to push a Virginia federal court to force Google to sell its ad exchange in the monopolization case over the company's advertising placement technology while Google is asking the court to impose more modest behavioral remedies.
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November 04, 2025
Industry Groups Want Trump Admin To Stop PTAB Changes
Various organizations representing manufacturers have asked the Trump administration to rein in recent policies of the U.S. Patent and Trademark Office that they say are harming their ability to defend themselves in infringement litigation and will end up "looting" the economy.
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November 04, 2025
Nonprofits Sue Ed Dept. Over Loan Forgiveness Rule Changes
A group of nonprofit organizations sued Tuesday to block the U.S. Department of Education from limiting the kinds of organizations whose employees can qualify for the Public Service Loan Forgiveness program, saying the changes could exclude immigrant advocacy nonprofits and employers with diversity programs.
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November 04, 2025
Feds Tell 11th Circ. Delta, Aeromexico Can't Halt JV Split Order
The Trump administration fired back at Delta Air Lines and Aeromexico's Eleventh Circuit bid to freeze a U.S. Department of Transportation order directing them to scuttle their joint venture by Jan. 1, saying the airlines' contention that it'd be too burdensome to disentangle their networks is overblown.
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November 04, 2025
Dechert Tracks Significant Decline In U.S. Merger Probes
Dechert LLP's latest merger review report counted a dramatic decrease in the number of significant U.S. Department of Justice and Federal Trade Commission tie-up investigations between July and September and year-to-date, coming in at just two-thirds of the average over the last 15 years.
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November 04, 2025
Mass. Attys Split As Punitive Damages Rules Go To Top Court
A case before Massachusetts' top appellate court over whether more safeguards are needed to cap runaway punitive damage awards has divided attorneys, with some saying the big-dollar verdicts can be skewed by improper evidence and others calling the matter a solution in search of a problem.
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November 04, 2025
Industry, Enviros Oppose EPA Plan To Ditch GHG Reporting
Industry and environmental groups alike are pushing back against the U.S. Environmental Protection Agency's proposal to repeal a program that requires power plants, fossil fuel and natural gas suppliers, and other facilities to report their greenhouse gas emissions.
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November 04, 2025
Judge Voids DOT Directive Tying State Grants To Immigration
The U.S. Department of Transportation cannot condition billions in grants on states cooperating with President Donald Trump's immigration crackdown, a Rhode Island federal judge ruled Tuesday, saying the administration "blatantly overstepped" its authority by imposing sweeping and unlawful conditions on federally appropriated funds.
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November 04, 2025
States' Zillow, Redfin Suit In Va. Paused Amid Gov't Shutdown
A Virginia federal judge has granted a joint motion to pause an antitrust suit filed by Virginia and four other states against Zillow Group Inc., Zillow Inc. and Redfin Corp., ruling the suit will be paused until the current federal government shutdown ends.
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November 04, 2025
Calif. Coalition Slams $350M Cut To Minority-Serving Colleges
A coalition of Democratic state and federal California lawmakers is calling on U.S. Education Secretary Linda McMahon to allocate money to support minority-serving colleges and universities, saying the federal government's decision to withhold $350 million in discretionary funding undermines the ability to serve underrepresented communities.
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November 04, 2025
Fla. Law Banning Lab Meat Is Preempted, 11th Circ. Hears
A California company urged the Eleventh Circuit Tuesday to reverse a lower court's decision denying a preliminary injunction against a Florida state law banning lab-grown meat, arguing the Sunshine State's prohibition is federally preempted.
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November 04, 2025
Ex-County Staffer, Housing Leader Admit To Bribery Scheme
A former program director for a Detroit housing nonprofit and former Wayne County taxpayer assistant pled guilty Tuesday to operating a scheme to remove homes from the county's foreclosure list to fraudulently transfer to new ownership and sell the properties.
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November 04, 2025
9th Circ. Revives Ore. Right To Life Suit: 3 Things To Know
A divided Ninth Circuit panel sided with an Oregon anti-abortion group last week and reinstated its lawsuit challenging a state law that requires health plans to cover abortion and contraceptives.
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November 04, 2025
Wash. AG Launches Public Records Unit To Up Transparency
The Washington State Office of the Attorney General is launching a new unit designed to expand access to government records, the office announced on Tuesday, noting that public records requests in the state have nearly doubled over the past decade.
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November 04, 2025
'Chinese Military' Tag Is Unlawful, Drone Maker Tells DC Circ.
Drone maker DJI has taken its arguments that the Pentagon unlawfully labeled it a "Chinese military company" to a higher court.
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November 04, 2025
Alcohol Interests Urge Congress To Ban Intoxicating Hemp
Alcohol industry trade organizations on Tuesday urged congressional leaders to close the federal policy loophole that allowed for the proliferation of loosely regulated products containing intoxicating THC derived from hemp.
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
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.