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Public Policy
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October 30, 2025
Tribal Business Owner Says Tariffs Violate 1855 Yakama Treaty
A Yakama Indian tribe member is asking an Oregon federal court to block a series of tariffs issued by President Donald Trump, arguing that the orders violate a 19th century treaty that gives her the right to free trade.
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October 30, 2025
Green Groups Can't Intervene In Feds' NY Superfund Suit
A New York federal judge won't let environmental groups intervene in the U.S. Environmental Protection Agency's suit challenging a New York state Superfund law, saying the addition of five defendants would overcomplicate the litigation.
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October 30, 2025
Ill. Bill Seeks Credit For Small-Biz Property Tax Payments
Illinois would allow eligible small businesses to claim an income tax credit for a portion of their property tax payments under a bill introduced in the state House of Representatives.
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October 30, 2025
Wash. Justices Reinstate $185M Monsanto PCB Verdict
The Washington State Supreme Court has restored a $185 million jury verdict against Monsanto in the first of a series of chemical poisoning trials tied to a Washington state school site, finding a lower appellate court misapplied choice-of-law principles when overturning the win for three school teachers.
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October 30, 2025
Pa. Justice Dougherty Took On Abortion, Gun Rights, Voting
As he faces a vote on Election Day over whether he should be retained for a second 10-year term on the Pennsylvania Supreme Court, Justice Kevin Dougherty is leaning on a record that includes key opinions over voting rights, abortion, gun control, and immunity for public officials.
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October 29, 2025
FDIC's Hill To Cite Reform Focus, Experience At Senate Vetting
Acting Federal Deposit Insurance Corp. Chairman Travis Hill plans to kick off his Thursday pitch for U.S. Senate confirmation by stressing priorities that have included sharpening the agency's focus on "material financial risks" and strengthening its readiness to handle major bank failures.
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October 29, 2025
Bank Groups Press 5th Circ. To Rehear OCC In-House Case
Banking industry groups have urged the Fifth Circuit to revisit a panel decision allowing federal regulators to try banking enforcement cases in-house, arguing the ruling was wrong and risks stripping thousands of banks and millions of bankers of their right to a jury trial.
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October 29, 2025
DOE's Data Center Proposal May Spark Grid Policy Turf War
The Trump administration's push to convince the Federal Energy Regulatory Commission to enable the connection of data centers to the interstate transmission system may ignite a legal turf war with states over their authority to regulate retail electricity sales.
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October 29, 2025
Character.AI Will Ban Underage Users From Using Chatbot
Amid multiple lawsuits over the suicides of at least four teenagers, Character.AI announced Wednesday that it is taking "extraordinary steps" to restrict minors' access to its flagship artificial intelligence chatbot.
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October 29, 2025
Ill. Dem Candidate, Others Indicted Over Blocking ICE Vehicle
Federal prosecutors have hit a Democratic congressional candidate and five others with an indictment in Illinois federal court, alleging they violated federal laws by blocking a U.S. Immigration and Customs Enforcement agent's vehicle during a September protest outside an ICE facility in suburban Chicago.
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October 29, 2025
5th Circ. Backs Texas County's Redistricting Plan
The Fifth Circuit on Wednesday refused to block a redistricting plan in Texas that a group of voters alleges disenfranchises minority voters, ruling in a published opinion that the voters failed to show any intentional race discrimination by the Lone Star State's Tarrant County.
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October 29, 2025
Ex-Chicago Alderman's Aide Pleads Guilty In Bribery Case
The chief of staff to former Chicago City council member Carrie Austin admitted Wednesday he misappropriated Supplemental Nutrition Assistance Program funds in a criminal case that also accused him and Austin of accepting benefits from contractors seeking city assistance for a development project in her ward.
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October 29, 2025
Portland National Guard Deployment Bench Trial Begins In Ore.
President Donald Trump overstepped the constitutional bounds of his power when he ordered National Guard members to Portland to address a "manufactured crisis," the Pacific Northwest city told an Oregon federal judge on Wednesday at the start of a bench trial to determine whether the deployment passes legal muster.
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October 29, 2025
BP Unit Sued Over Wash. Refinery's 'Noxious Odor' Emissions
BP Products North America was hit with a proposed negligence class action in Washington federal court on Tuesday, alleging it emitted noxious odors from its oil refinery that damaged nearby properties, forcing some residents to retreat to Airbnb homes for temporary relief from the foul smells.
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October 29, 2025
'NJWeedman' Asks To Add State To Suit Over City Hall Protest
A Garden State cannabis advocate known as "NJWeedman" is asking a federal court to allow him to add the state of New Jersey and its Cannabis Regulatory Commission as defendants in his existing First Amendment lawsuits against the city of Trenton, which he says retaliated against him after he projected a "Batman-like" protest message on City Hall.
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October 29, 2025
Squires To Issue Brief 'Up Or Down' Calls On Patent Reviews
When U.S. Patent and Trademark Office Director John Squires begins issuing decisions on whether to institute America Invents Act reviews of patents, he will not provide any details of his reasoning in most cases, USPTO officials said Wednesday.
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October 29, 2025
5th Circ. Backs FERC's Approval Of Pacific NW Pipeline
The Fifth Circuit has affirmed the Federal Energy Regulatory Commission's approval of a TC Energy Corp. natural gas pipeline, rejecting states' claims that FERC didn't fully consider costs to consumers and green groups' claims that an environmental review was inadequate.
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October 29, 2025
CFPB's Biden-Era Open Banking Rule Put On Hold
A Kentucky federal judge on Wednesday barred the Consumer Financial Protection Bureau from enforcing its open banking rule until the regulator completes its reconsideration of the controversial data-sharing mandate.
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October 29, 2025
Lockheed Investing $50M In Lethal, Unmanned Sea Vehicles
Lockheed Martin said it's investing $50 million into California-based maritime drone company Saildrone for a collaboration aimed at delivering armed, unmanned surface vehicles for the U.S. Navy.
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October 29, 2025
DOJ Says State AGs Can't 'Second-Guess' HPE Merger Deal
The U.S. Department of Justice and Hewlett Packard Enterprise separately urged a California federal judge Tuesday not to let a dozen state attorneys general peek behind the controversial settlement clearing HPE's $14 billion purchase of Juniper Networks, arguing public comment, not direct intervention, is their appropriate role.
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October 29, 2025
Dallas Mavericks Sue To Eject Dallas Stars From Arena
The NBA's Dallas Mavericks launched a suit in the Texas Business Court aimed at wresting control of the American Airlines Center away from the NHL's Dallas Stars, saying the Stars forfeited their right to co-lease the stadium when they moved their headquarters.
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October 29, 2025
Climate Change Heat Death Suit Returns To Wash. State Court
A Washington federal judge on Tuesday sided with the Seattle-area family of a woman who died during a 2021 heat wave, sending their first-of-its-kind wrongful death suit against oil and gas giants like Exxon back to state court.
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October 29, 2025
NYC Sued Over 'Voyeuristic' Police Surveillance System
A Brooklyn couple has filed a federal lawsuit alleging New York City uses a "voyeuristic" police surveillance system on all visitors and residents, which includes two police cameras that are aimed at the couple's bedroom and living room windows.
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October 29, 2025
Shutdown Forces Tribes To Pick Food Or Heat, Senate Told
Native American nonprofit leaders say Indian Country is choosing between fuel and food after federal employee layoffs and what stands to be the longest government shutdown in U.S. history have forced tribes to burn through their emergency reserves to continue healthcare, housing and food services.
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October 29, 2025
Where PTAB Institution Reviews Stand As Squires Takes Lead
U.S. Patent and Trademark Office Director John Squires will be maintaining the agency leader's new role of gatekeeper at the Patent Trial and Appeal Board. Here's what to know about his plans and the pushback on them.
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.