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Public Policy
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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.
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October 16, 2025
Justices Told Presidential Firing Limits Rely On 'Soured' Logic
President Donald Trump and a cadre of supporters have urged the U.S. Supreme Court to wipe out what remains of a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, arguing the decision was flawed when originally issued and is now well past its prime.
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October 16, 2025
Closed Pot Shops Can't Stop Future Enforcement, DC Argues
A lawsuit seeking to halt the District of Columbia from penalizing and closing any more recreational marijuana shops should be dismissed, the city has told a federal court, arguing the retailers can't sue because they are either already closed or have failed to show they will be targeted.
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October 16, 2025
Afghans Fight US State Dept. Policy Denying Visa Eligibility
Three Afghan nationals told a D.C. federal judge they were unlawfully denied eligibility to apply for a special immigrant visa and left at risk of persecution by the Taliban after years of providing security for U.S. forces in Afghanistan.
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October 16, 2025
Calif. Hospitals Sue Over New Healthcare Cost Increase Caps
The California Hospital Association hit the state's Office of Health Care Affordability and others with a lawsuit Wednesday, claiming they violated state law with new rules that aim to limit increases in consumer health care costs by curbing hospital spending.
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October 16, 2025
NetChoice Fights Colo. 'Cigarette-Style' Social Media Law
A lawyer for an internet trade association urged a federal judge Thursday to block a Colorado law set to take effect next year, comparing its requirement for social media platforms to display warnings for minors to the mandated warning labels on tobacco products.
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October 16, 2025
Texas Business Court Says Winter Storm Stalled Gas Delivery
A Texas business court found that Marathon Oil Co. had no obligation to buy natural gas to make up for delivery shortfalls to a commodity trading company created during Winter Storm Uri, saying the winter storm counted as an unforeseen event.
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October 16, 2025
'Good Riddance': Feds Ax Big-Bank Climate Risk Guidance
Federal regulators Thursday moved to scrap a set of Biden-era "principles" that sought to ensure large banks can manage potential balance-sheet risks from climate change, an ending that one Federal Reserve official greeted with a sharp send-off.
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October 16, 2025
Ex-Conn. Budget Official Testifies $70K Payments Were Legit
Connecticut school construction director Kosta Diamantis believed state ethics statutes and a 2016 U.S. Supreme Court case allowed him to pocket roughly $70,000 in return for introducing his former brother-in-law's masonry company to a prominent general contractor, a federal jury heard Thursday.
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October 16, 2025
OCC Inks Deal With Fla. Bank Over BSA, AML Controls
The Office of the Comptroller of the Currency released an agreement Thursday with a Florida community bank for alleged law violations involving suspicious activity reporting and due diligence programs for foreign financial institutions' accounts.
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October 16, 2025
MTA Wants Truckers' Congestion Pricing Suit Tossed
New York officials have told a Manhattan federal judge that an amended lawsuit alleging congestion pricing tolls wrongfully discriminate against commercial truckers still doesn't offer any new facts suggesting the tolls are unreasonable or violate federal law, so the lawsuit should be tossed for good.
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October 16, 2025
USDA Can't Curb SNAP Benefits As States Fight Data Demand
A California federal judge on Wednesday preliminarily blocked the U.S. Department of Agriculture from withholding potentially billions of dollars in Supplemental Nutrition Assistance Program benefit funds from states that refuse to turn over highly sensitive personal information on millions of SNAP food assistance benefit recipients.
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October 16, 2025
US Chamber Sues To Block Trump's $100,000 H-1B Visa Fee
The U.S. Chamber of Commerce sued the Trump administration on Thursday to block a planned increase in the cost of highly coveted H-1B visas, saying the proposed $100,000 fee would have a "devastating effect" on American businesses, particularly those in the tech, healthcare, higher education and manufacturing sectors.
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October 16, 2025
Kirk-Related Visa Revocations May Rub Against Court Rulings
The Trump administration's revocation of visas from individuals who criticized Charlie Kirk after his death raises First Amendment concerns that could run up against a recent federal court ruling holding that noncitizens have the same free speech rights as U.S. citizens.
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October 16, 2025
FCC Republican Calls Upper C-Band Rework Critical To 6G
The Federal Communications Commission is wasting no time gearing up for a potential spectrum overhaul in the upper C-Band, with the approach of 6G wireless being a big motivator, according to an agency Republican.
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October 16, 2025
Texas Panel Blocks Hospital Subpoenas In Trans Care Suit
A Texas appellate court on Thursday directed a trial court to withdraw an order requiring two Dallas hospitals to turn over documents concerning alleged gender affirming care, saying the lower court abused its discretion since nonparty patients had motions for protection pending in another court.
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October 16, 2025
China's Crackdown On Rare Earth Minerals Spooks Importers
In the latest trade salvo between the U.S. and China, stricter Chinese export controls on critical earth minerals that many U.S. manufacturers rely on are causing concern for businesses, which may have difficulty diversifying supply chains for the rare materials.
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October 16, 2025
Fed. Circ. Affirms Dismissal Of Nev. Tribe's $208M Breach Suit
The Federal Circuit on Thursday said it won't overturn a Court of Federal Claims' decision to dismiss the Winnemucca Indian Colony's $208 million breach of trust allegations against the Bureau of Indian Affairs, saying the Nevada tribe failed to identify a substantive source of law that requires compensation.
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October 16, 2025
USPTO Says Fed. Circ. Should Skip 'Settled Expectations' Case
The U.S. Patent and Trademark Office wants the Federal Circuit to reject a challenge to the way the agency has denied review of patents based on the owner's "settled expectations," saying Thursday it has full discretion on whether to review patents or not.
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October 16, 2025
Venezuelans Seek Path To Contest Alien Enemies Act Labels
Attorneys for Venezuelans flown on U.S. government flights to El Salvador and then transferred from the CECOT prison there to Venezuela have renewed their motion for a preliminary injunction that would order the government to provide them with an avenue to challenge their Alien Enemies Act designations.
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October 16, 2025
Fla. Asks Justices To Halt Calif., Wash. Truck Licensing Lapses
Florida has taken steps to sue California and Washington in the U.S. Supreme Court, alleging the Democratic-led states have flouted federal law by allowing unauthorized immigrants to obtain commercial drivers licenses to haul big rigs cross-country, endangering motorists and causing "mayhem" on roadways.
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October 16, 2025
4th Circ. Says No Recourse For Men Imprisoned Extra Year
The Fourth Circuit said there could be no recourse in federal court for two inmates who spent an extra year in prison because of Virginia Attorney General Jason Miyares' incorrect interpretation of a state law that granted the men enough credits for good behavior to be released in 2022.
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October 16, 2025
Judge Shields Migrants From ICE After Courthouse Arrests
A California federal judge on Thursday barred U.S. Immigration and Customs Enforcement from detaining two asylum-seeking mothers without notice and a hearing, ruling the agency's courthouse arrest tactics likely violate due process.
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October 16, 2025
Mass. Seasonal Community Leaders Plug Real Estate Tax Bills
Massachusetts locations designated as seasonal communities would have new revenue options, including a local-option real estate transfer tax, to fund affordable housing efforts under legislation pitched by local leaders to a legislative panel.
Expert Analysis
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Opinion
Sometimes Int'l Competition Should Trump Antitrust Concerns
The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.
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Divest Order Shows How Security Fears Extend CFIUS Scope
A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.
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Art Market Must Prepare For More AML Scrutiny
Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What To Expect From 401(k) Plan Alternative Assets Order
The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
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The Future Of Lab-Test Regs After FDA Rescinds Rule
The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.