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Public Policy
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October 31, 2025
IBEW Locals Fight Ouster Of Unions At Energy, Interior Depts.
President Donald Trump wasn't allowed to revoke the union status of electricians, linemen and plant operators at the Departments of Energy and the Interior, a group of union locals told a D.C. federal court, saying federal labor law enshrines their right to remain union-represented.
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October 31, 2025
FCC Plans To Drop More Regs Covering 'Obsolete' Techs
When the Federal Communications Commission convenes for its monthly meeting in November, it will vote on a measure that would nix nearly two dozen more rules that the agency has deemed obsolete in one fell swoop.
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October 31, 2025
Both Sides Claim Victory In Calif. Tribal Gaming Rights Fight
A federal judge says the U.S. Department of the Interior's decision to temporarily nix gaming eligibility for a proposed $700 million casino project violated a California tribe's due process rights, but both sides are claiming victory as claims of violations of the Administrative Procedure Act and Fifth Amendment against the federal agency were also dismissed.
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October 31, 2025
Industry Groups Seek More Time To Comment On PTAB Rules
A coalition of organizations representing the technology, automotive and pharmaceutical sectors has urged U.S. Patent and Trademark Office Director John Squires to allow 30 additional days of public comments regarding new proposed rules that would curtail the number of Patent Trial and Appeal Board reviews.
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October 30, 2025
DC Circ. Judge Asks If Disputed Nuclear Rules 'Ignore Future'
The D.C. Circuit asked the U.S. Nuclear Regulatory Commission whether it was "reasonable to ignore the future" when conducting environmental assessments for nuclear power plant license renewals during oral arguments Thursday morning.
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October 30, 2025
Michigan Tax Foreclosure Deal At Risk As Deadline Looms
Property owners on Wednesday asked a Michigan federal judge to undo the initial approval of a settlement reached with counties accused of illegally keeping the proceeds of tax-foreclosed home sales, saying the counties' delay in providing information will force claimants to miss a deadline to choose how they want to recover their share.
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October 30, 2025
Security Camera Co. May Have Chinese Govt. Ties, Paxton Says
Texas Attorney General Ken Paxton said Wednesday he has opened an investigation into Lorex Technology Inc., a seller of Wi-Fi security cameras, for its possible sale of cameras linked to a system associated with the Chinese Communist Party
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October 30, 2025
Philly Accuses PBMs Of Knowingly Enabling Opioid Crisis
Philadelphia on Thursday sued CVS Caremark, Express Scripts and Optum, accusing the pharmacy benefit managers of contributing to the city's opioid epidemic via deceptive marketing and conspiring with drugmakers to increase the sale of OxyContin and other prescription opioids.
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October 30, 2025
11th Circ. Says Fla. Properties Can't Satisfy Venezuela Debt
The Eleventh Circuit has refused to revive litigation aimed at enforcing $43.4 million worth of defaulted Venezuelan bonds by seizing control of various Miami properties allegedly controlled by a wealthy businessman accused of bribing Venezuelan officials, saying there was no jurisdiction.
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October 30, 2025
11th Circ. Upholds Deportation Over Child-Neglect Conviction
The Eleventh Circuit on Thursday upheld the deportation of a Chilean green card holder who pled guilty to violating a Florida law criminalizing child neglect, finding the offense qualifies as a deportable crime under the federal Immigration and Nationality Act.
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October 30, 2025
USA Fencing Let Trans Athletes In Women's Events, Suit Says
Three women fencers, including a member of the 2024 U.S. Olympic team, accused their sport's national governing body of discriminating against them by allowing transgender female athletes to participate in women's competitions.
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October 30, 2025
ACLU Fights ICE's Alleged Warrantless Arrest Practices
A federal judge had questions about the reason to have a two-day preliminary injunction at the start of the hearing in Colorado federal court Thursday in a proposed class action against U.S. Immigration and Customs Enforcement and others claiming the agency is conducting warrantless arrests without probable cause.
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October 30, 2025
Small Biz Groups Seek Quick Win In CFPB Lending Data Fight
A coalition of consumer-aligned advocacy groups is seeking summary judgment in Washington, D.C., federal court in their suit aiming to compel the Consumer Financial Protection Bureau to implement a 15-year-old Congressional mandate to collect lending data for women- and minority-owned small businesses.
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October 30, 2025
Med Robot Co. Tells 9th Circ. Not To Revive 'Disfavored' Suit
Intuitive Surgical urged the Ninth Circuit not to revive a surgical repair company's claims alleging it blocked third parties from refurbishing components for its popular da Vinci surgery robot, defending the district court's findings that cases alleging anticompetitive harm to a single brand aftermarket are "rare and disfavored."
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October 30, 2025
Squires' National Security Fears Over RPIs Draw Skepticism
U.S. Patent and Trademark Office Director John Squires has started requiring patent challengers to disclose all real parties in interest when filing their initial Patent Trial and Appeal Board petitions, building on his policies to limit such challenges and citing concerns over national security.
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October 30, 2025
Judge Says FCA Qui Tam Provisions Don't Violate Constitution
A Wisconsin federal judge has rejected Wisconsin Bell's attempt to shutter a whistleblower's claims it overcharged schools and libraries for connectivity services provided under the federal E-Rate program by arguing the False Claims Act's qui tam provisions are unconstitutional.
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October 30, 2025
FDIC's Hill Says Deposit Insurance Boost May Not Raise Costs
The Federal Deposit Insurance Corp.'s top official said at his Thursday confirmation hearing that a targeted increase in his agency's coverage limits could dampen depositor run risk without necessarily requiring it to charge all banks more for the extra protection.
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October 30, 2025
GOP Senator Floats Fair Access Bill In 'Debanking' Push
Sen. Thom Tillis, R-N.C., introduced draft legislation Thursday that he says builds on an earlier attempt to prevent banks from blocking conservatives or disfavored industries from opening accounts, proposing the creation of a fair access standard that allows regulators and attorneys general to sue noncompliant banks.
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October 30, 2025
Trade Deals At Risk In Trump Tariff Case, Feds Tell Justices
The federal government told the U.S. Supreme Court on Thursday that President Donald Trump's global tariffs have led to significant trade deals addressing the underlying national emergencies he declared, and a ruling determining them unlawful would prove catastrophic.
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October 30, 2025
FCC Dem Concerned About Broadband 'Bridge To Nowhere'
The Federal Communications Commission's lone Democrat said Thursday she's worried the government will end up building a "bridge to nowhere" by leaning too heavily on broadband deployment projects at the expense of connectivity aid.
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October 30, 2025
Wash. Justices Debate Judge's Future Amid Court Discord
The Washington Supreme Court on Thursday asked about the practical effect of returning a suspended municipal judge to the bench, probing whether there's any evidence that Judge Tracy S. Flood and staff of the Bremerton Municipal Court would be able to avoid further discord and subsequent impacts on litigants if she went back to her post.
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October 30, 2025
Washington Pot Board Says Racial Bias Claims Nothing New
There is nothing new about accusations that the Washington State Liquor and Cannabis Board disproportionately favored white applicants over minorities when issuing marijuana licenses, state regulators told a federal court, arguing that a Black entrepreneur's public advocacy renders untimely his lawsuit over a license denial.
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October 30, 2025
Judge Blasted For Violent Sexual Comments Against Minors
The Texas State Commission on Judicial Conduct has reprimanded a municipal judge for directing sexual remarks at children and wishing sexual violence upon them, noting that the judge exhibited racial bias from the bench.
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October 30, 2025
State AGs Target 'Anticompetitive Recycling Practices'
The attorneys general of Florida and several other states have said they're concerned that environmental groups are coordinating with large corporations to implement "anticompetitive recycling practices" that could violate state or federal antitrust law.
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October 30, 2025
Defamation Litigation Roundup: Drake, IRS, Greenpeace
In this month's review of defamation fights, Law360 highlights notable developments in California's anti-SLAPP law following a major Ninth Circuit opinion, as well as a decision — and appeal — in Drake's fight with his record label over Kendrick Lamar's diss track.
Expert Analysis
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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How New Texas Law Targets ESG Proxy Advice
A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.
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8 Compliance Team Strategies To Support Business Agility
Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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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.