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Public Policy
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November 06, 2025
Lawmakers Rip Judges Over Anonymous High Court Criticism
Two Republican lawmakers have asked Chief Justice John Roberts to rein in judges who've anonymously criticized the U.S. Supreme Court's flurry of "shadow docket" rulings, but a full-on investigation appears unlikely.
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November 06, 2025
Ill. Judge Grants Injunction On Federal Agents' Use Of Force
An Illinois federal judge on Thursday granted a preliminary injunction limiting the measures of force immigration agents can use on peaceful protesters, bystanders and the press, saying the forceful tactics they've used so far "shocks the conscience" and deeming the Trump administration's evidence justifying them "simply not credible."
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November 06, 2025
Judge OKs DOJ Bid To Drop Boeing 737 Max Conspiracy Case
A Texas federal judge on Thursday dismissed the 737 Max criminal conspiracy case against Boeing, saying the court's hands are tied if the U.S. Department of Justice declines to prosecute the company, but noted that a $1.1 billion nonprosecution agreement still doesn't fully hold Boeing accountable.
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November 06, 2025
Edwards Defends $945M Heart Valve Deal From FTC Challenge
Edwards Lifesciences urged a D.C. federal court to reject the Federal Trade Commission's bid to put its planned $945 million acquisition of JenaValve on hold, saying the deal will increase innovation and save the lives of thousands of people with a form of heart valve disease.
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November 06, 2025
TTAB Says 'Gasper Roofing' TM Wrongly Denied
The Trademark Trial and Appeal Board has reversed a rejection of a bid to register the term "Gasper Roofing" for services like roof contracting, installations and maintenance, finding an examiner wrongly concluded it was confusingly similar to another company's name.
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November 06, 2025
US Seeks Quick Input On Suspension Of China Trade Actions
The U.S. trade representative has given interested stakeholders just over 24 hours to comment on the one-year suspension of Section 301 trade actions against the Chinese maritime, logistics and shipbuilding industries, a move that was part of the recently announced U.S.-China trade truce, according to a notice published Thursday.
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November 06, 2025
Mich. Courts Publish Roadmap For Court Funding Reform
Michigan's judicial branch released a detailed blueprint Thursday for reforming the way the state's courts are funded, laying out a suite of proposals intended to remove the pressure on judges to raise money for the courts and sever the link between policing and profit.
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November 06, 2025
Justices Say Trump Admin Can Implement Trans Passport Ban
The U.S. Supreme Court on Thursday ruled that the U.S. Department of State can stop issuing passports to transgender and nonbinary individuals that reflect their gender identity, lifting a nationwide order that required the Trump administration to continue the longtime policy pending litigation.
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November 06, 2025
Nuclear Waste Storage Site Opponents Appeal To High Court
Opponents of the U.S. Nuclear Regulatory Commission's approval of a temporary nuclear waste storage site in New Mexico have asked the U.S. Supreme Court to review the D.C. Circuit's decision to toss their challenge.
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November 06, 2025
Mass. Pay Transparency Law May Boost Other Worker Claims
Massachusetts' newly implemented pay transparency law seems primed to be used as a tool to bolster laws already in place — including in discrimination and equal pay cases — even if the new statute itself is unlikely to spawn significant legal action, experts told Law360.
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November 06, 2025
FEMA Says States 'Mistaken' On Disaster Mitigation Program
The Federal Emergency Management Agency on Wednesday urged a Massachusetts federal judge to throw out a lawsuit by 22 states and the District of Columbia over the future of a program that funds infrastructure-hardening projects to mitigate the effects of natural disasters.
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November 06, 2025
Trump Taps Ex-Kansas AG Deputy For DOJ Legal Policy Role
President Donald Trump has nominated Dan Burrows, a White House official and former chief deputy attorney general of Kansas, to be assistant attorney general for the U.S. Department of Justice's Office of Legal Policy.
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November 06, 2025
Cannabis Biz Says NY Law Preempts Town's Zoning Policy
A cannabis dispensary has urged a New York federal court to take its side in a dispute with a town that it says is preventing it from doing business, arguing the court should rule the state's Marijuana Regulation and Taxation Act preempts a local zoning law that requires the company to obtain additional approval.
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November 06, 2025
8th Circ. OKs Home Depot Barring Worker's Display Of 'BLM'
An Eighth Circuit panel vacated a National Labor Relations Board ruling that Home Depot illegally forced out a worker who insisted on showing Black Lives Matter support at work, holding Thursday that social unrest at the time of their February 2021 display justified the company's caution.
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November 06, 2025
Finland Proposes Anti-Avoidance Measure For Minimum Tax
Finland began seeking feedback Thursday on amendments to the country's 15% global minimum tax that include a new anti-avoidance provision but primarily incorporate OECD guidance.
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November 06, 2025
Okla. Justices Claim Immunity In Pot Atty's Suspension Suit
The Oklahoma Supreme Court is urging a federal court to dismiss a suit from a disbarred attorney who claimed his suspension was retaliation for public criticism of the justices and the state bar, saying the high court has sovereign immunity under the Eleventh Amendment.
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November 06, 2025
Fed. Circ. Won't Overrule Stewart's Institution Practices
The Federal Circuit on Thursday rejected petitions filed by Motorola, Google, Samsung and SAP America arguing that the deputy director of the U.S. Patent and Trademark Office violated their due process rights by changing institution practices at the Patent Trial and Appeal Board.
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November 06, 2025
2nd Circ. Orders New Look At Trump's Hush Money Case
In a published opinion, the Second Circuit on Thursday ordered a federal district judge to take a fresh look at President Donald Trump's attempt to move his New York hush money conviction to federal court, citing the U.S. Supreme Court's 2024 presidential immunity ruling as grounds for reconsidering the case.
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November 05, 2025
Fed Signs Off On Revamp To Ease Big-Bank Ratings
The Federal Reserve said Wednesday that it has finalized an overhaul to its supervisory ratings system for large banks, adopting changes that will allow more of these lenders to qualify as "well managed."
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November 05, 2025
Ill. Judge Weighs Injunction On Federal Agents' Use Of Force
An Illinois federal judge Wednesday appeared amenable to ordering longer-term restrictions on force immigration agents can use on press and peaceful demonstrators in the Chicago area, disagreeing with a Justice Department attorney's argument that witnesses who experienced force continued to protest and report, saying their testimony suggested a "chilling effect."
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November 05, 2025
Ill. Judge Grants Detainees A TRO Over ICE Facility Conditions
An Illinois federal judge handling allegations of "inhumane" conditions at an immigration holding facility in Broadview temporarily restrained the government Wednesday from allowing such conditions to continue, but said he left room in the order for realistic compliance expectations and due deference to the officials running the facility.
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November 05, 2025
Lumbee Act Faces Senate Scrutiny Amid Tribal Identity Debate
Generations of ancestors and lawmaker allies have come and gone as the Lumbee Tribe has sought federal recognition, its chairman told the U.S. Senate Indian Affairs Committee on Wednesday, arguing that legislation for the status has been introduced 13 times and its passage is long overdue.
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November 05, 2025
Institutional Investors Rip SEC's 'Radical' Forced Arb. Policy
A coalition of more than 60 major institutional investors and pension systems slammed the U.S. Securities and Exchange Commission's recent "radical" policy reversal allowing some newly public companies to adopt mandatory arbitration clauses, arguing the move harms both investors and companies, which will face "numerous, time-consuming and costly individual arbitrations."
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November 05, 2025
Okla. Seeks Toss Of Medical Marijuana Operators' Suit
No one has a right to sell marijuana, Oklahoma argued when asking a federal court to quash a lawsuit by a group of medical marijuana companies accusing the state of violating the Constitution's dormant commerce clause by implementing residency requirements to obtain a license.
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November 05, 2025
Daytona Beach Asks 11th Circ. To Revive Panhandling Law
The city of Daytona Beach, Florida, asked the Eleventh Circuit Wednesday to reverse an order declaring unconstitutional a city ordinance criminalizing panhandling in certain parts of the city, arguing the ordinance is not a content-based restriction on speech.
Expert Analysis
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Compliance Steps To Take As FCRA Enforcement Widens
As the Fair Credit Reporting Act receives renewed focus from both federal and state enforcers, regulatory and litigation risk is most acute in several core areas, which companies can address by implementing purpose processes and quick remediation of consumer complaints, among other steps, say attorneys at Wiley.
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What EPA's Continued Defense Of PFAS Rule Means For Cos.
The U.S. Environmental Protection Agency's recent decision to continue defending a Biden-era rule designating two per- and polyfluoroalkyl substances as Superfund hazards may provide the EPA with significant authority over national PFAS cleanup policy — and spur further litigation by both government and private parties, say attorneys at Morgan Lewis.
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6 Shifts In Trump Tax Law May Lend A Hand To M&A Strategy
Changes in the Trump administration's recent One Big Beautiful Bill Act stand to create a more favorable environment for mergers and acquisitions, including full bonus depreciation and an expanded code section, say attorneys at K&L Gates.
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Trends In Post-Grant Practice Since USPTO Denial Guidance
Six months after the U.S. Patent and Trademark Office updated its guidance on discretionary denial of inter partes review and post-grant review, noteworthy trends in denial statistics have emerged, warranting a reassessment of strategies for parallel proceedings, says Andrew Ramos at Bayes.
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Examining The Quietest EEOC Enforcement Year In A Decade
The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.
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Transource Ruling Affirms FERC's Grid Planning Authority
The Third Circuit's recent decision in Transource Pennsylvania v. DeFrank, reversing a state agency's denial of an electric transmission facility permit, provides a check on states' ability to veto needed power projects, and is a resounding endorsement of the Federal Energy Regulatory Commission's regional transmission planning authority, say attorneys at Wilson Sonsini.
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Assessing The Future Of The HIPAA Reproductive Health Rule
In light of a Texas federal court's recent decision to strike down a U.S. Department of Health and Human Services rule aimed to protect the privacy of patients seeking abortions and gender-affirming care, entities are at least temporarily relieved from compliance obligations, but tensions are likely to continue for the foreseeable future, says Liz Heddleston at Woods Rogers.
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State Paid Leave Laws Are Changing Employer Obligations
A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.
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How Crypto Embrace Will Affect Banks And Credit Unions
The second Trump administration has moved aggressively to promote crypto-friendly reforms and initiatives, and as the embrace of stablecoins and distributed ledger technology grows, community banks and credit unions should think strategically as to how they might use these innovations to best serve their customers, says Jay Spruill at Woods Rogers.
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In NY, Long COVID (Tolling) Still Applies
A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.
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Navigating The SEC's Evolving Foreign Private Issuer Regime
As the U.S. Securities and Exchange Commission reevaluates foreign private issuer eligibility, FPIs face not only incremental compliance costs but also a potential reshaping of listing strategies, capital access, enforcement exposure and global regulatory coordination, potential unintended effects that deserve further exploration, say attorneys at Simpson Thacher.
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New Conn. Real Estate Laws Will Reshape Housing Landscape
With new legislation tackling Connecticut's real estate landscape, introducing critical new requirements and legal ambiguities that demand careful interpretation, legal counsel will have to navigate a significantly altered and more complex regulatory environment, say attorneys at Harris Beach.
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USPTO Under Squires: A Look At The First Month
New U.S. Patent and Trademark Office Director John Squires' opening acts — substantive and symbolic — signal a posture that is more welcoming to technological improvements and focused on rebalancing the office's gatekeeping role, say attorneys at Seyfarth.
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Iran Sanctions Snapback Raises Global Compliance Risks
The reimplementation of U.N. sanctions targeting Iran’s nuclear program, under a Security Council resolution's snapback mechanism, and related actions in Europe and the U.K., may change U.S. due diligence expectations and enforcement policies, particularly as they apply to non-U.S. businesses that do business with Iran, says John Sandage at Berliner Corcoran.
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Hermes Bags Antitrust Win That Clarifies Luxury Tying Claims
A California federal court recently found that absent actual harm to competition in the market for ancillary products, Hermes may make access to the Birkin bag contingent on other purchases, establishing that selective sales tactics and scarcity do not automatically violate U.S. antitrust law, say attorneys at Holland & Knight.