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Public Policy
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October 22, 2025
Novo Nordisk Paid Patient Benefits, Not Bribes, Jury Hears
Novo Nordisk Inc. paid benefits to patients with a rare form of hemophilia and not bribes as a group of plaintiffs in an alleged kickback scheme have claimed, a Washington jury was told Wednesday during emotional testimony on the third day of a multiweek trial.
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October 22, 2025
Trump Admin Battles DC Circ. Rehearing Bid In CFPB Case
The Trump administration has urged the full D.C. Circuit to keep in place a split panel's ruling that would allow mass layoffs at the Consumer Financial Protection Bureau, dismissing a union-led bid for full-court review as one that's built on a misguided "straw man" attack.
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October 22, 2025
Ga. Sheriff Seeks Exit From Deputy's Political Firing Suit
A Metro Atlanta sheriff and his office asked a federal judge on Wednesday to toss a former deputy sheriff's lawsuit alleging he was fired due to his age and support for the sheriff's 2024 election opponent, arguing that the sheriff is immune to the suit, and the deputy hasn't shown facts proving discrimination or retaliation.
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October 22, 2025
Fintechs, Banks Clash Over Open Banking Rule Revisions
Trade groups representing banks and fintechs clashed in comment letters over the Consumer Financial Protection Bureau's plans to revise its data-sharing mandate, as banks urged the agency to scrap much of the earlier rule for favoring fintechs, while the tech upstarts argued many of the provisions remain necessary to bust banks' allegedly anticompetitive behavior.
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October 22, 2025
Judge Voids HHS Rule Banning Gender Identity Discrimination
A Mississippi federal judge on Wednesday struck down a Biden-era U.S. Department of Health and Human Services rule that protected gender-affirming care under the Affordable Care Act, ruling that federal officials exceeded their authority by broadening the definition of sex discrimination to cover gender identity.
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October 22, 2025
State AGs Push Back In First Amendment Subpoena Fight
A coalition of state attorneys general is urging the U.S. Supreme Court to safeguard their fundamental investigative authority, warning in an amicus brief filed Tuesday that a New Jersey anti-abortion center's challenge could allow subpoenaed entities to routinely bypass state courts and tie up enforcement actions in federal litigation.
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October 22, 2025
Banks Want Ill. Fee Law Block Extended To Card Networks
Banking industry groups urged an Illinois federal judge Wednesday to permanently block an Illinois law that bans swipe fees on tax and tip portions of payment card transactions, arguing she has already correctly held that national banks are federally preempted from its reach, and that the court should extend that relief to card networks and others involved in the payment process.
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October 22, 2025
Trump's Takeover Of Calif. Guard 'Unreviewable,' 9th Circ. Told
A U.S. Department of Justice attorney told the Ninth Circuit on Wednesday that President Donald Trump's federalization of the California National Guard in June is "unreviewable" by the courts, while an attorney for California said the president's order is reviewable and far exceeded his statutory authority.
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October 22, 2025
US Hits Russian Oil Cos. With Sanctions Over Ukraine War
The U.S. Department of the Treasury imposed sanctions targeting Russia's two biggest oil companies Wednesday, citing Russian President Vladimir Putin's "lack of serious commitment to a peace process" to end the war in Ukraine.
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October 22, 2025
Holland & Hart Partner Confirmed To Montana Seat
The U.S. Senate voted 52-45, along party lines, Wednesday evening on the confirmation of William Mercer, a Holland & Hart LLP partner and veteran government attorney, to the District of Montana.
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October 22, 2025
NIH Sued For Access To Research On Trans Youth Care
A conservative government watchdog group sued the National Institutes of Health on Wednesday seeking access to data from a multiyear study on the impact of gender-affirming medical treatments for transgender youth.
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October 22, 2025
Ill. Judge Extends National Guard Block For Justices' Review
An Illinois federal judge's order temporarily blocking the deployment of National Guard troops to the state will remain in place indefinitely as the U.S. Supreme Court considers whether President Donald Trump has the authority to send in hundreds of federalized troops and whether the justices are entitled to review his decision at all.
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October 22, 2025
UVA Strikes Deal To End DOJ's Civil Rights Probes
The U.S. Department of Justice paused five civil rights investigations into the University of Virginia on Wednesday after the school agreed to follow discrimination guidance the DOJ issued in July for federal funding recipients that looked to rein in diversity, equity and inclusion programs and discourage transgender athletes.
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October 22, 2025
Texas Book Rating Law Struck Down As Unconstitutional
A Texas federal judge ruled Tuesday that a Texas law aimed at regulating the types of books available at public school libraries still "misses the mark" on achieving its goal and is unconstitutional for a number of reasons, including forcing booksellers to take on the state government's preferred messages.
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October 22, 2025
Ed Dept. Must Face States' Case Over Mental Health Grants
A Seattle federal judge declined to throw out a lawsuit accusing the U.S. Department of Education of illegally discontinuing grants for student mental health programming, recognizing that Washington and other states have valid claims that the move will cut them off from money meant for reducing violence in schools.
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October 22, 2025
DHS Unveils Proposal To Reduce EB-5 Investor Visa Fees
The U.S. Department of Homeland Security on Wednesday rolled out a proposed fee schedule for the EB-5 foreign investor visa program that will see investors paying about 14% less in form fees after a steep fee increase in 2024.
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October 22, 2025
USPTO Cuts TM Backlog Below 350K, Surpassing FY25 Goal
The U.S. Patent and Trademark Office said Wednesday it has reduced the backlog of unexamined trademark applications to under 350,000, exceeding the goal the government agency set to finish the 2025 fiscal year that concluded Sept. 30.
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October 22, 2025
Investor Advocates Criticize SEC's New Arbitration Stance
Two investor advocacy groups are speaking out against a recent U.S. Securities and Exchange Commission decision to allow some newly public companies to adopt mandatory arbitration clauses, arguing that the move undermines shareholder rights and could make the U.S. a less attractive place to invest.
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October 22, 2025
Squires Confirms USPTO Has Funds To Last The Year
The U.S. Patent and Trademark Office has enough funds to last through the year in the event that the government shutdown continues, Director John Squires told agency personnel on Wednesday.
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October 22, 2025
NC Lawmakers Probe 'Rogue' Legal Services Grants Process
North Carolina State Bar leaders faced the third degree Wednesday in a state House committee hearing where Republicans sounded the alarm on grants for legal assistance programs going to what the GOP lawmakers view as left-leaning organizations, prompting a funding freeze that has threatened the operations of the state's largest legal aid group, which itself is not political.
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October 22, 2025
Energy Secretary Urges EU To Rethink Sustainability Rules
U.S. Department of Energy Secretary Chris Wright on Wednesday urged European leaders to scrap, or at least revise, proposed European Union corporate sustainability rules, claiming they will hamper exports of liquefied natural gas to the continent.
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October 22, 2025
Australia Issues Guidance For Minimum Tax Safe Harbor
Australia released guidance Wednesday detailing when companies can forgo detailed top-up tax calculations for a jurisdiction under a safe harbor for the 15% global minimum tax that is based on country-by-country reporting.
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October 22, 2025
Fifth Attorney For Michigan Pastor Exits Zoning Suit
A Michigan federal judge Wednesday allowed the fifth lawyer who represented a pastor in a zoning ordinance and retaliation dispute against a township to withdraw from the case, a few months after refusing to recuse himself from the case over a comment about the turnover rate for the pastor's counsel.
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October 22, 2025
Feds Urge Justices To Back Machinists Fund In Pension Fight
The federal government wrote in support of trustees of an International Association of Machinists pension fund in a dispute with employers at the U.S. Supreme Court, backing the union's argument that a pension plan actuary could change the methods and assumptions used to calculate withdrawal payments.
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October 22, 2025
H-1B Fee May Hinder University Hiring And Gut Programs
The Trump administration framed recent changes to the H-1B visa program as a way to bolster a homegrown STEM workforce and protect U.S. jobs, but experts think it could do the opposite — shrinking budgets and opportunities for American students the policies are meant to foster.
Expert Analysis
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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.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.