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Public Policy
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October 23, 2025
Legislation May Fix Tax Court Jurisdiction Feud, Judge Says
Senate legislation to expand the U.S. Tax Court's authority to order refunds and credits in collection cases could settle a long-running dispute revived by the U.S. Supreme Court's decision to limit the tax tribunal's jurisdiction, a judge said Thursday.
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October 23, 2025
Calif. Tribe Joins Suit Seeking To Halt Barred Owl Culling Plan
An Oregon federal judge has let the Yurok Tribe intervene in an animal advocacy group's lawsuit seeking to block the U.S. government from killing thousands of protected barred owls as a means to save the threatened northern spotted owl, saying the tribe has a specific interest in the action.
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October 23, 2025
Judge Axes Va. Homeowner's Suit Over Marine Base Security
A U.S. Court of Federal Claims judge on Oct. 23 tossed a Quantico, Virginia, homeowner's takings suit against the federal government, which was accused of taking her property without just compensation by having military base-related restrictions that impeded her attempts to use the property as a short-term rental.
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October 23, 2025
Full 5th Circ. Asked To Rehear Texas Bankers' OCC Dispute
Two former Texas bankers have asked the full Fifth Circuit to revive their constitutional challenge to an in-house Office of the Comptroller of the Currency enforcement case, arguing that the appellate panel's decision to reject their appeal wrongly stripped them of their right to a jury trial and handed banking agencies "unlimited discretion" to prosecute old misconduct.
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October 23, 2025
Ex-ComEd CEO Asks 7th Circ. For Bail Pending Appeal
Former Exelon Utilities and Commonwealth Edison CEO Anne Pramaggiore has renewed her request to remain out of jail while she seeks to unwind her criminal conviction and two-year prison sentence, this time asking the Seventh Circuit for bond ahead of her December surrender date.
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October 23, 2025
Ga. Justices Question 'Tesla Carveout' In Direct Car Sales Ban
Georgia's Supreme Court justices appeared to harbor reservations Thursday about the viability of a state ban on car manufacturers engaging in direct-to-consumer sales, thanks in part to a "Tesla carveout" that allowed the leading electric vehicle maker to continue operating its own dealerships.
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October 23, 2025
FCC's Carr Sees Ongoing Consumer Harm From Shutdown
The head of the Federal Communications Commission warned Thursday that new device and license applications are "just sitting there," creating an FCC backlog, and that other day-to-day but important work remains on hold during the government shutdown.
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October 23, 2025
Neb. Republican Says Fiber Critical To Broadband Effort
A Republican U.S. senator said Thursday she's concerned that rural areas will not receive enough funding for fiber-optic connectivity in the latest round of the government's multibillion-dollar effort to build out broadband to underserved areas.
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October 23, 2025
SEC Being Misled In CBD Fraud Fight, CEO Claims
The U.S. Securities and Exchange Commission has "unwittingly" taken the side of a former partner with a terminated licensing agreement, a pharmaceutical CEO told a California federal court this week, asking for summary judgment on the SEC's core claims that he defrauded investors.
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October 23, 2025
4th Circ. Pushed To Retain Block On Chemours PFAS Dumping
A pair of environmental groups is urging the Fourth Circuit to leave in place an injunction blocking The Chemours Co. FC LLC from continuing to discharge so-called forever chemicals into the Ohio River, saying the company is using strawman arguments to get its way.
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October 23, 2025
French Legislators Advance 15% DST To Mirror US Tariffs
France's digital services tax rate would rise from 3% to 15% under an amendment adopted by the lower house of Parliament's Finance Committee, which characterized the action as a "proportionate response" to tariffs imposed by the United States.
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October 23, 2025
Judge Says Colorado Online Betting Law Doesn't Violate IGRA
A federal judge on Thursday dismissed a suit by two Colorado tribes that alleged the state is overreaching by trying to regulate off-reservation online sports betting in violation of the Indian Gaming Regulatory Act and tribal gaming compacts.
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October 23, 2025
Tech Org. Calls Next-Gen TV Tuner Mandate Bad Idea
As the Federal Communications Commission solicits opinions on how to usher the industry into the next generation of television broadcasting, a consumer technology trade group is reiterating its argument that the agency should not rush the process and let companies do what they will.
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October 23, 2025
DOJ Seeks To End Suit Over Tying Victim Aid To Immigration
The U.S. Department of Justice urged a Rhode Island federal judge to dismiss a suit lodged by Democratic-led states, saying the challenge to a policy barring federal grant funds from covering legal services for unauthorized or removable immigrants belongs in federal claims court.
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October 23, 2025
Mass. Tax Break Bill For Urban Farms Advances
Massachusetts would allow municipalities to create an agricultural property tax break for small urban farm plots under a bill reported favorably by a state legislative panel.
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October 23, 2025
2nd Circ. Won't Rehear Cannabis Dormant Commerce Case
The Second Circuit on Wednesday denied New York cannabis regulators' petition to reconsider a panel's split ruling that the U.S. Constitution bars states from privileging their own residents when awarding licenses to cannabis businesses.
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October 23, 2025
Wash. Judge Halts Feds From Pulling $9M In Climate Funds
A Washington federal judge temporarily blocked the Trump administration from scrapping more than $9 million of climate resiliency agreements with Washington state, finding state officials likely to prevail on claims the administration acted unlawfully when it abruptly ended them.
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October 23, 2025
Eli Lilly Says Pharmacy Mass-Producing Weight Loss Drug
Drugmaker Eli Lilly is suing a compounding pharmacy in Texas federal court, alleging the pharmacy ripped off its lucrative weight loss drug, began mass-producing it, and made as much as $2 million per month last year from its misdeeds.
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October 23, 2025
Senate Clears Bill For FCC List Of Foreign Authorizations
The U.S. Senate Thursday passed a bill requiring the Federal Communications Commission to publish a list of companies with ties to certain foreign countries that hold FCC authorizations.
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October 23, 2025
Former TTAB Judge Moves To Greenberg Traurig In Calif.
A former Trademark Trial and Appeal Board judge has jumped from government work to private practice, building out Greenberg Traurig LLP's bench of Los Angeles intellectual property attorneys.
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October 23, 2025
Baldwin Opposes 7th Circ. Pick For Her State
Sen. Tammy Baldwin, D-Wis., on Thursday officially opposed the nomination to the Seventh Circuit of Rebecca Taibleson, a federal prosecutor in Wisconsin, who would serve in her state.
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October 23, 2025
Judge Dings Law Profs In Judge-Shopping Sanctions Case
The federal judge behind a controversial sanctions order accusing three attorneys of judge shopping while challenging an Alabama gender care law is pushing back on claims that he lacked jurisdiction, as the ruling is on appeal in the Eleventh Circuit.
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October 23, 2025
Shipbuilder Can't Ax Md. Bridge Collapse Suit, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse maintained that South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. should be held accountable in Pennsylvania federal court for designing and building a "fatally flawed" ship.
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October 23, 2025
Fla. Court Pauses Marijuana Patients' Gun Rights Case
A Florida federal judge on Thursday agreed to pause a case weighing the constitutionality of a federal ban on medical marijuana patients owning guns after the U.S. Supreme Court recently said it would take up a case on a similar question.
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October 23, 2025
Squire Patton Boggs Partner Confirmed To Kentucky Bench
The Senate voted 48-45, along party lines, on Thursday to confirm former Kentucky Solicitor General and Squire Patton Boggs LLP partner Chad Meredith to the Eastern District of Kentucky.
Expert Analysis
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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.
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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.