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Public Policy
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October 24, 2025
NY AG Pleads Not Guilty, Says Prosecutor's Appt. Is 'Unlawful'
New York Attorney General Letitia James pled not guilty in Virginia federal court Friday to mortgage-related fraud charges that she says are part of President Donald Trump's revenge campaign against his perceived political foes, teeing up a fight over a White House-appointed prosecutor's legal authority.
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October 23, 2025
Texas Dials Up Exposure With App Store, Telemarketing Laws
A new Texas age verification law and sweeping revisions to the state's telemarketing statute are poised to saddle the broad universe of companies that support mobile apps and disseminate marketing texts with new obligations that will open them up to more lawsuits and other legal risks, unless opponents find success with fledgling constitutional challenges.
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October 23, 2025
Gov't Defends Holding Noncitizens On Overseas Bases
A Trump administration attorney told a D.C. federal judge Thursday that the government can hold noncitizen detainees on U.S. military installations all over the world if it wanted to, a claim that a lawyer challenging immigration detention at Guantanamo Bay called "unprecedented" and clearly wrong.
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October 23, 2025
Pa. Justices Won't Undo General Contractors' Injury Immunity
The Pennsylvania Supreme Court gave an injured worker a chance to convince the court to "overrule our decades-old precedent" that a general contractor shares subcontractors' immunity to suits brought under the state's workers' compensation law, but on Wednesday said he failed in his plight.
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October 23, 2025
Wash. Justices Point To Student SA Case In Hazing Death Suit
The Washington State Supreme Court appeared split Thursday on whether an Evergreen State university could be liable for a fraternity pledge's alcohol-related death after an off-campus hazing ritual, given the justices' 2024 ruling the same school had no duty to protect a student from rape at an off-campus party.
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October 23, 2025
USPTO'S October Layoffs Affected 126 Workers
The U.S. Patent and Trademark Office's recent layoffs have affected 126 workers, who will be removed from the agency's books by Dec. 9, according to a notice filed with the Virginia Department of Workforce Development and Advancement.
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October 23, 2025
Wash. Justices Skeptical Of Debtor's Collection Notice Stance
Washington Supreme Court justices appeared wary Thursday of second-guessing a Seattle federal judge who asked them to decide whether a hospital billing disclosure law applies to debt collectors, as the plaintiff in the underlying proposed class action pressed the court to "reformulate" the certified question.
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October 23, 2025
Ex-Mich. Speaker Aide Cops To Embezzlement, Will Testify
A former top staffer for former Michigan House Speaker Lee Chatfield pled guilty to embezzling from a political nonprofit while working for the state and, as part of a plea deal, has agreed to provide "truthful testimony in future hearings," according to an announcement made Thursday.
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October 23, 2025
NY AG Sues Vape Shop Owners For Selling To Kids
New York's attorney general is looking to permanently shut down two smoke shops and ban their owners from ever working in the vape industry again, claiming they flagrantly sold illegal flavored vapes to customers including children, according to a petition filed Oct. 23.
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October 23, 2025
Ky. Rep. Revives Attempt To Abolish PTAB, Expand Eligibility
U.S. Rep. Thomas Massie, R-Ky., said Thursday he's again attempting to overhaul the patent system, including abolishing the Patent Trial and Appeal Board, normalizing injunctions and broadening what can be patented.
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October 23, 2025
Debt Co. Owner Says CFPB Erred With $5.8M Restitution Bid
A U.S. Consumer Financial Protection Bureau bid for $5.8 million in restitution against a manager of a now-shuttered debt relief company should be denied because it does not take into account refunds that customers have already received, a California federal judge has been told.
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October 23, 2025
Split DC Circ. Won't Lift Block On FTC's Media Matters Probe
A divided D.C. Circuit panel refused Thursday to let the Federal Trade Commission subpoena Media Matters for America while the agency appeals an order blocking that probe, crediting district courts' findings of "seemingly unusual and unprecedented" facts suggesting the investigation is retaliation for reporting about Nazi content on X.
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October 23, 2025
Ex-SVB Top Brass Can't Ditch FDIC Suit Over 2023 Collapse
Silicon Valley Bank's former CEO and several other past members of the bank's top brass must face a suit from the Federal Deposit Insurance Corp. accusing them of mismanagement that led to the bank's costly 2023 failure, a California federal judge has ruled.
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October 23, 2025
9th Circ. Calls For Evidence Hearing Over ICE Facility Access
The Ninth Circuit on Thursday partially remanded the Washington State Department of Health's lawsuit accusing GEO Group of illegally blocking access to an immigration facility for safety inspections, calling for an evidentiary hearing into how the refusal for access played out.
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October 23, 2025
Energy Cos. Face Permit, Regulatory Delays Due To Shutdown
Energy companies are starting to feel the pinch of the federal government shutdown, as scaled-back operations and new furlough announcements at the U.S. Environmental Protection Agency threaten the approval of needed permits and the issuance of highly anticipated regulations.
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October 23, 2025
Columbia-Based Advocate Sues For Law Firms' DEI Details
A free speech institute at Columbia University told a New York federal court Thursday that President Donald Trump's administration effectively denied its requests for information related to the government's demands that law firms supply details about their diversity, equity and inclusion practices.
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October 23, 2025
11th Circ. Halts Fla. Detention Center Appeal Amid Shutdown
The Eleventh Circuit has stayed an appeal over the operation of a Florida Everglades immigrant detention center dubbed "Alligator Alcatraz" after the government requested a halt to proceedings due to the federal government shutdown.
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October 23, 2025
Legislation May Fix Tax Court Jurisdiction Feud, Judge Says
Senate legislation to expand the U.S. Tax Court's authority to order refunds and credits in collection cases could settle a long-running dispute revived by the U.S. Supreme Court's decision to limit the tax tribunal's jurisdiction, a judge said Thursday.
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October 23, 2025
Calif. Tribe Joins Suit Seeking To Halt Barred Owl Culling Plan
An Oregon federal judge has let the Yurok Tribe intervene in an animal advocacy group's lawsuit seeking to block the U.S. government from killing thousands of protected barred owls as a means to save the threatened northern spotted owl, saying the tribe has a specific interest in the action.
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October 23, 2025
Judge Axes Va. Homeowner's Suit Over Marine Base Security
A U.S. Court of Federal Claims judge on Oct. 23 tossed a Quantico, Virginia, homeowner's takings suit against the federal government, which was accused of taking her property without just compensation by having military base-related restrictions that impeded her attempts to use the property as a short-term rental.
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October 23, 2025
Full 5th Circ. Asked To Rehear Texas Bankers' OCC Dispute
Two former Texas bankers have asked the full Fifth Circuit to revive their constitutional challenge to an in-house Office of the Comptroller of the Currency enforcement case, arguing that the appellate panel's decision to reject their appeal wrongly stripped them of their right to a jury trial and handed banking agencies "unlimited discretion" to prosecute old misconduct.
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October 23, 2025
Ex-ComEd CEO Asks 7th Circ. For Bail Pending Appeal
Former Exelon Utilities and Commonwealth Edison CEO Anne Pramaggiore has renewed her request to remain out of jail while she seeks to unwind her criminal conviction and two-year prison sentence, this time asking the Seventh Circuit for bond ahead of her December surrender date.
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October 23, 2025
Ga. Justices Question 'Tesla Carveout' In Direct Car Sales Ban
Georgia's Supreme Court justices appeared to harbor reservations Thursday about the viability of a state ban on car manufacturers engaging in direct-to-consumer sales, thanks in part to a "Tesla carveout" that allowed the leading electric vehicle maker to continue operating its own dealerships.
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October 23, 2025
FCC's Carr Sees Ongoing Consumer Harm From Shutdown
The head of the Federal Communications Commission warned Thursday that new device and license applications are "just sitting there," creating an FCC backlog, and that other day-to-day but important work remains on hold during the government shutdown.
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October 23, 2025
Neb. Republican Says Fiber Critical To Broadband Effort
A Republican U.S. senator said Thursday she's concerned that rural areas will not receive enough funding for fiber-optic connectivity in the latest round of the government's multibillion-dollar effort to build out broadband to underserved areas.
Expert Analysis
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Key Insurance Coverage Considerations For AI Data Centers
The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.
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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.