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Public Policy
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October 06, 2025
Kratom, Kava Makers Sue Utah Over 'Arbitrary' Product Ban
Businesses that market psychoactive products derived from the kratom leaf and kava root have filed a federal lawsuit against Utah regulators challenging the constitutionality of new rules blocking the sale of their wares in the state.
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October 06, 2025
DOJ Gets 48 Hours To Justify Abrego Garcia's Detention
A Maryland federal judge on Monday gave the government 48 hours to show that it had taken steps to remove Kilmar Abrego Garcia to a third country "in the reasonably foreseeable future" or face the prospect of his release from immigration custody pending his habeas petition.
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October 06, 2025
Puerto Rico Finance Board Members' Removal Paused
A federal district court judge blocked President Donald Trump's removal of three members of the Financial Oversight and Management Board for Puerto Rico who had accused the president of illegally firing them without cause.
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October 06, 2025
High Court Won't Take Up Md. Retirees' Drug Benefits Suit
The U.S. Supreme Court on Monday refused to review a Fourth Circuit decision concluding that Maryland wasn't contractually bound to provide benefits to employees upon retirement, turning away a case that challenged the state's transition of retirees' prescription drug benefits from a state subsidy to Medicare.
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October 06, 2025
NJ Justices Seem Skeptical Wage Law Excludes Immigrants
The New Jersey Supreme Court appeared skeptical Monday that a worker can't bring state wage and hour claims because he is an unauthorized immigrant, as an appellate court had found, and grilled a realty management company's attorney about the source of an argument.
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October 06, 2025
NY Pot Regulators Say Towns' Local Laws Preempted
New York cannabis regulators on Monday adopted a pair of advisory opinions finding that local laws in two Long Island towns restricting the operations of licensed cannabis retailers were "unreasonably impracticable" and were preempted by state policy.
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October 06, 2025
Illinois, Chicago Sue To Block National Guard Deployment
The state of Illinois and the city of Chicago sued the Trump administration in federal court Monday seeking to block the federalization and deployment of as many as 700 members of the National Guard to the city, arguing that bedrock legal principles limiting the president's authority to involve the military in domestic affairs are "in peril."
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October 06, 2025
3rd Circ. Rejects Novo Nordisk's Medicare Pricing Challenge
The Third Circuit on Monday shot down another challenge to the Medicare drug price negotiation program, denying claims by pharmaceutical giant Novo Nordisk that Congress illegally delegated too much authority to the executive branch.
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October 06, 2025
High Court Ends Challenge To Wash. Tribal Gaming Compacts
The Supreme Court won't hear a casino owner and operator's petition to overturn a Ninth Circuit order over the validity of Washington state tribal gaming compacts, with the operator arguing that the sovereignty case implicates an acknowledged conflict about the interplay of the Administrative Procedure Act.
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October 06, 2025
Grassley Probes Judges' Possible AI Use In Faulty Rulings
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, pressed two federal judges on Monday about their possible use of artificial intelligence in court orders that contained a multitude of errors.
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October 06, 2025
Ed Dept. Used Worker Emails For Shutdown Politics, Suit Says
The U.S. Department of Education violated its workers' freedom of speech by altering their out-of-office email messages to blame the government shutdown on Democrats, the workers' union claimed in a complaint filed in Washington, D.C., federal court.
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October 06, 2025
Trump Names Investigator Of Russia Probe As DOJ Acting IG
The White House has tapped an experienced government attorney who investigated the FBI's probe into President Donald Trump's links with Russia to be the U.S. Department of Justice's acting inspector general, according to a notification sent to Congress.
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October 06, 2025
NC Chamber Says AG Overstepping In DuPont Pollution Suit
The North Carolina Chamber has urged the state's top court to review a forever chemical contamination suit against two DuPont spinoffs, saying state Attorney General Jeff Jackson is "driving far outside of his lane" by continuing to press forward with the case.
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October 06, 2025
More Time Needed To Replace DA On Trump Case, Judge Told
The Georgia agency tasked with appointing a new prosecutor to oversee the election interference case against President Donald Trump told a state court judge Monday it needs more time to name a successor than the 14 days the judge said he'll allow before he throws the case out.
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October 06, 2025
Social Security Chief Adds Duties As Inaugural CEO Of IRS
The current administrator of the Social Security Administration is adding a new role as the Internal Revenue Service's first chief executive officer, Treasury Secretary Scott Bessent announced Monday.
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October 06, 2025
FirstEnergy Pushes Justices To Restore FERC Grid Incentive
FirstEnergy Corp. has said electricity markets would be roiled by uncertainty if the U.S. Supreme Court doesn't undo the Federal Energy Regulatory Commission's revocation of an incentive for power companies that are required to be members of a regional transmission organization.
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October 06, 2025
Justices Won't Review 5th Circ. Ending ACA Trans Policy Suit
The U.S. Supreme Court on Monday declined to review the Fifth Circuit's decision to shut down a challenge to a Biden-era interpretation of the Affordable Care Act's nondiscrimination-in-healthcare policy as also protecting against gender identity bias, which an appellate panel told a Texas court to dismiss in December.
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October 06, 2025
ICE Ordered To Halt Plan To Send Teens To Adult Facilities
A D.C. federal judge has ordered the Trump administration to halt an allegedly unlawful U.S. Immigration and Customs Enforcement plan to transfer unaccompanied immigrant youths to adult detention facilities as soon as they turn 18 years old.
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October 06, 2025
Justices Won't Revisit Apache Land Exchange Dispute
The U.S. Supreme Court won't reconsider its decision to deny an Apache nonprofit's petition that looked to block the transfer of nearly 2,500 acres to a copper mining company it said would destroy an ancient Indigenous worship site.
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October 06, 2025
High Court Skips Review Of ERISA Liability For DuPont Heirs
The U.S. Supreme Court has declined to consider whether DuPont heirs should be held liable for alleged Employee Retirement Income Security Act violations for inadequately funding a now-insolvent trust established in 1947 by their grandmother to pay them and their workers retirement benefits.
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October 06, 2025
Justices Skip Pa. GOP Challenge To Biden's Voting Order
The U.S. Supreme Court on Monday declined to take on Pennsylvania GOP lawmakers' challenge to former President Joe Biden's executive order expanding "get-out-the-vote" information, letting stand a ruling that the Republican politicians did not have standing to sue over the order.
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October 06, 2025
Justices Deny SEC Whistleblower Award Calculation Appeal
The U.S. Supreme Court on Monday declined to take up two whistleblowers' case alleging the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, after the pair argued the agency improperly and retroactively applied a rule amendment to dilute their awards.
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October 06, 2025
Supreme Court Declines To Revisit McGirt Tribal Jurisdiction
The U.S. Supreme Court declined to hear a Cherokee Nation member's challenge to his conviction over a speeding ticket issued by Tulsa, Oklahoma, police on Creek land that he argues runs afoul of the court's 2020 landmark decision holding that only federal and tribal governments can prosecute Native Americans on tribal lands.
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October 06, 2025
High Court Turns Down 6 Patent Cases At Start Of Term
The U.S. Supreme Court on Monday rejected six petitions in patent-related cases, taking some of its first actions on intellectual property matters this term.
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October 06, 2025
High Court Won't Take Up NY Tribal Eel Fishing Regs Dispute
The U.S. Supreme Court won't take up a Long Island tribe's petition that looks to undo a Second Circuit order that rejected its challenge to New York's regulations on eel fishing harvests, which argued that if the decision is upheld, it would give district courts gatekeeping roles on expert testimony.
Expert Analysis
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Sanctions Considerations For Reentering The Syrian Market
Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Crypto Custody Guidelines Buoy Both Banks And Funds
A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Navigating Executive Perk Enforcement Under Trump Admin
While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Opinion
8th Circ. Should Reaffirm False Commercial Speech's Nature
The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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Environmental Justice Is Alive And Well At The State Level
Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.
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What FinCEN's AML Rule Delay Means For Advisers
Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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What Insurers Must Know About New La. Proof Of Loss Law
Insurers that comply with all the requirements under a Louisiana law effective this month may condition claim payments on receipt of proof of loss statements, but those that overlook even one prerequisite risk penalties and late payments, say attorneys at Phelps Dunbar.