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Public Policy
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November 14, 2025
DC Circ. Wary Of DEA Delays In Religious Ayahuasca Case
A D.C. Circuit panel on Friday appeared skeptical that the Drug Enforcement Administration was justified in its delays processing an Iowa church's application for a religious exemption to the Controlled Substances Act to use a psychedelic in its rites.
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November 14, 2025
House Eyes Vote To Repeal Provision On Senators' Lawsuits
A House bill to repeal a controversial provision tucked into the government funding package that would allow senators investigated by former special counsel Jack Smith to sue for damages is listed for possible consideration on the schedule for the week of Nov. 17.
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November 14, 2025
Aussies Float DST To Push Platforms To Pay News Media
Australia has proposed a measure analogous to a 2.25% digital services tax aimed at pressuring social media companies and search engines to pay Australian news organizations to publish their work.
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November 14, 2025
US To Slash Tariff On Swiss Imports To 15% In Trade Deal
The U.S. will reduce a 39% tariff on Swiss imports to 15% as part of a framework trade agreement reached with Switzerland, according to Friday announcements by the White House and the Swiss government.
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November 14, 2025
Sandisk Points To Differences In 'Settled Expectations' Cases
Sandisk Technologies Inc. has told the Federal Circuit that its own case challenging the U.S. Patent and Trademark Office's denial of patent reviews based on an owner's "settled expectations" is different from cases in which the court recently rejected petitions over changing institution practices at the Patent Trial and Appeal Board.
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November 14, 2025
SEC's Atkins Turns A Critical Lens On BlackRock, Vanguard
U.S. Securities and Exchange Commission Chairman Paul Atkins said Friday morning that his agency is working to rein in large institutional asset managers like BlackRock and Vanguard who "get out of line" by trying to influence management decisions.
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November 14, 2025
Hartford Wants Ex-Murder Suspect's Civil Rights Suit Tossed
The city of Hartford, Connecticut, has urged a federal court to dismiss a lawsuit brought against it and its police detectives by a man who was falsely accused of murder, arguing the city cannot be liable for the alleged conduct of its employees and that statutory deadlines weren't met.
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November 14, 2025
Prosecutorial Watchdog Takes Helm In Trump Election Case
The Georgia election interference charges against President Donald Trump and others will continue after the head of the state's prosecutorial oversight agency said Friday that for now, he'll take over the case from Fulton County District Attorney Fani Willis after multiple outside prosecutors turned down the job.
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November 13, 2025
As Backlogged SEC Reopens, Attys Jostle To 'Get In Line'
Thousands of U.S. Securities and Exchange Commission employees who were sent home last month finally returned to their offices Thursday, and experts say it will likely take at least a month for them to catch up with a backlog of casework and submissions for initial public offerings.
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November 13, 2025
Google Sues Cybercriminals Over Global Phishing Scams
Google has sued foreign cybercriminals behind phishing scams that claim to represent the U.S. Postal Service and the New York City government's website, among others, accusing them of texting millions of Americans phony messages that lure them into providing their payment information and other personal data.
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November 13, 2025
DOJ Sues Newsom Over Prop 50 Redistricting Plan
California's voter-approved Proposition 50 plan for new congressional districts mandates "racial gerrymandering" in favor of Hispanic voters in violation of the equal protection clause, the U.S. Department of Justice alleges in a federal lawsuit filed Thursday against Gov. Gavin Newsom.
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November 13, 2025
Clean Energy Cos. Tap Private Cash To Beat Tax Credit Clock
Clean energy developers are increasingly looking to privately held investors to ensure they can do enough work to keep their projects fully eligible for tax credits that start phasing out next year, energy development attorneys told Law360.
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November 13, 2025
Bank Regulators Preview Timelines For Planned Fintech Rules
Federal banking regulators say they're focused on executing their fintech rulemaking agendas in the coming months, with the Federal Deposit Insurance Corp. planning to circulate a stablecoin licensing regime by year's end and the Federal Reserve intending to provide fintechs easier access to its payment rails by the close of next year.
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November 13, 2025
Hemp Policy At Crossroads After Government Reopening Bill
Hemp industry advocates are pledging to use the one-year gap between enactment and implementation of the government funding agreement, which effectively recriminalized most hemp-derived THC products, to craft new regulatory legislation that stops short of a full ban.
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November 13, 2025
Wash. AG Introduces Unit To Fight For Worker Protections
Workers in Washington state could now turn to a new unit that will focus on enforcing protections and tackling wage theft, the state's attorney general announced Thursday, citing "a systematic dismantling of the U.S. Department of Labor."
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November 13, 2025
FCC Looks To Avoid 'Red Flag' Reg Hurdles In Space
The Federal Communications Commission says it envisions a framework for the fast-growing space industry that rejects heavy-handed regulations, which a top official on Thursday likened to British 19th-century "red flag laws" putting the brakes on the early auto industry.
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November 13, 2025
OCC Must Deny Sony Bank's Crypto Charter Bid, Critics Say
Banking and community interest groups are urging the Office of the Comptroller of the Currency to reject Sony Bank's bid to charter a cryptocurrency-focused offshoot, warning it could exceed the agency's authority and risk skirting longstanding banking system safeguards.
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November 13, 2025
Transgender Troops Sue Air Force Over Lost Retirement Pay
Seventeen transgender service members are accusing the U.S. Air Force of unlawfully rescinding their retirement orders following President Donald Trump's executive order barring transgender people in the military, saying in a lawsuit that the move resulted in lost pay and benefits.
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November 13, 2025
11th Circ. Limits $1M Payout For Sheriff In Parkland Shooting
The Eleventh Circuit limited a Florida sheriff's office's responsibility to only $1 million in a lawsuit involving a 2018 high school mass shooting, saying its insurer must pay the excess damages to the victims and families who were impacted by the event, which left 17 people dead and several more injured.
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November 13, 2025
Feds Launch Interagency Crypto Scam Task Force
The FBI, the U.S. Department of Justice and D.C. federal prosecutors have teamed up to launch a task force that will focus on cryptocurrency scams the government says originate from criminal networks in Southeast Asia and bilk millions out of their digital currency each year.
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November 13, 2025
SEC's Northeast Deputy Enforcement Head To Depart Agency
The U.S. Securities and Exchange Commission announced Thursday that the deputy director of the enforcement division for the Northeast will leave the agency, following stints as the regional director of the New York office and acting deputy director of the enforcement division.
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November 13, 2025
Latin American Trade Deals With US Include Zero Tariff Rates
Latin American countries including El Salvador, Guatemala, Ecuador and Argentina committed to nontariff reductions for U.S. producers in exchange for a zero tariff rate on many imports not readily available in the U.S., under details of framework trade agreements the White House unveiled Thursday.
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November 13, 2025
EV Makers Tell 1st Circ. Fuel Economy Rule Freeze Unlawful
A coalition of electric vehicle manufacturers and suppliers told the First Circuit that the Trump administration has created a regulatory vacuum by refusing to enforce existing vehicle fuel economy standards, jeopardizing more than $100 million in compliance credits that are essential to the EV industry.
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November 13, 2025
Judge Urged To Weigh Due Process In Alien Enemies Case
Attorneys for men deported to a notorious Salvadoran prison under the Alien Enemies Act have urged a D.C. federal judge to take up their due process claims, saying the court can decide the issue in equity rather than through habeas.
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November 13, 2025
Broadcasters Ramp Up Pressure To Limit C-Band Rework
Broadcasters have long been concerned about relocating their satellites from the upper C-band airwaves, but they're even less pleased to see the scope of the Federal Communications Commission plan now that it's been released, according to a new filing.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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How Litigating Antitrust Fix Helped GTCR Prevail In Court
An Illinois federal judge's recent denial of the Federal Trade Commission's injunction request in the GTCR acquisition of Surmodics joins a developing series of cases in which deal parties have prevailed against government antitrust challenges by proposing a postcomplaint fix and litigating the as-amended deal, say attorneys at Paul Weiss.
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What Narrower FinCEN Reporting Spells For Industry
As compliance costs soar, the potential slimming down of the Financial Crimes Enforcement Network's anti-money laundering and countering the financing of terrorism regime is welcome news for banks, and would allow a shift in resources to ever-evolving cybercrime threats, say attorneys at Quarles & Brady.
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Revisiting Jury Trial Right May Upend State Regulatory Power
Justice Neil Gorsuch’s recent use of a denial of certiorari to call for the U.S. Supreme Court to revisit whether the Seventh Amendment jury trial right extends to states, building off last year's Jarkesy ruling, could foretell a profound change in state regulators' ability to enforce penalties against regulated companies, say attorneys at Sidley.
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How Nasdaq, SEC Proposals May Transform Listing Standards
Both Nasdaq and the U.S. Securities and Exchange Commission have increasingly focused their recent regulatory efforts on small and foreign issuers, particularly those from China, reflecting an intention to strengthen the overall quality of companies accessing U.S. markets, but also potentially introducing a chilling effect on certain issuers, say attorneys at Norton Rose.
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New NCAA Betting Policy Fits Trend Of Eased Restrictions
Allowing NCAA student-athletes to bet on professional sports fits into a decade-long trend of treating college athletes more like adults in a commercial system, but decreasing player restrictions translates to increased compliance burdens for schools, say attorneys at Robins Kaplan.
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Series
Building With Lego Makes Me A Better Lawyer
Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.
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How Banks Can Safely Handle Payments For Gambling Biz
As the betting market continues to expand, it's crucial for banks and fintechs to track historical developments in wagering and ongoing prediction markets litigation that can factor into a risk analysis for payment processing with respect to gambling operators, says Laura D'Angelo at Jones Walker.
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Wading Into NY Wetland Regs' 2025 Changes And Challenges
Solar developers in New York should keep a weather eye on litigation challenging the New York Department of Environmental Conservation’s recently expanded authority to regulate wetlands and waterways, which could erode the impact of a new permitting process meant to streamline solar development on protected wetlands, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Networking 101
Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.
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Defeating Estoppel-Based Claims In Legal Malpractice Actions
State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.
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Takeaways As Justices Let 5th Circ. Pollution Ruling Stand
The U.S. Supreme Court's recent certiorari denial leaves intact a Fifth Circuit ruling that environmental justice organizations have standing to pursue a civil rights challenge to a parish's land-use practice, underscoring the importance of local governments proactively engaging with communities to address cumulative impacts of development, say attorneys at ArentFox Schiff.
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AI's Role In Google Antitrust Suit May Reshape Tech Markets
The evolution of AI in retail has reshaped the U.S.' antitrust case against Google, which could both benefit small business innovators and consumers, and fundamentally alter future antitrust cases, including the Federal Trade Commission's lawsuit against Amazon, says Graham Dufault at ACT.
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Series
The Biz Court Digest: How It Works In Massachusetts
Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.
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Next Steps For DOE's Large-Load Interconnection Reforms
The U.S. Department of Energy's recent letter to the Federal Energy Regulatory Commission may mark a substantial expansion of FERC's open-access framework for large-load facilities, though the proposed timeline for the rulemaking appears to be extraordinarily short, say attorneys at Davis Wright.
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Adapting To Calif.'s Enhanced Regulation Of PE In Healthcare
New California legislation enhances oversight on the role of private equity groups and hedge funds in healthcare transactions, featuring both a highly targeted nature and vague language that will require organizations to carefully evaluate existing practices, says Andrew Demetriou at Husch Blackwell.