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Public Policy
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October 27, 2025
Native Activist Urges 10th Circ. To Deny Gov't Rehearing Bid
A Muscogee (Creek) Nation member is asking the Tenth Circuit to deny a full-panel rehearing bid by the federal government that looks to undo the appellate court's decision to overturn his simple assault conviction, arguing that prosecutors cannot get past exceptions to the Major Crimes Act.
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October 27, 2025
Developer Says Calif. Law Targets Its Santa Barbara Project
The developer behind a housing project in Santa Barbara, California, sued the city and state in federal court, claiming a new state law is unconstitutional because it unfairly singles out its development for additional review under the California Environmental Quality Act.
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October 27, 2025
DOE's Wright Extends Order To Keep Md. Oil Plant Running
U.S. Secretary of Energy Chris Wright has extended an emergency order keeping an oil-fired power plant in Maryland running through year's end, citing reliability concerns raised by regional grid operator PJM Interconnection LLC.
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October 27, 2025
Pittsburgh Urges Toss Of Inclusionary Zoning Law Challenge
The city of Pittsburgh argued Monday that a developer group can't retroactively add a member's project-specific subsidiary to a lawsuit just to shore up the group's standing to challenge the city's "inclusionary zoning" mandate for certain neighborhoods.
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October 27, 2025
FERC Defends OK Of Grid Operator's Project Hookup Study
The Federal Energy Regulatory Commission has told the Fifth Circuit that Louisiana and Mississippi utility regulators have no grounds to challenge its approval of a regional grid operator's cap on electricity generation projects evaluated as part of its interconnection process.
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October 27, 2025
Who Watches The Watchers? Conn. Justices Mull Court Bias
A Connecticut Supreme Court justice said Monday that if the state's human rights watchdog cannot address claims of racial discrimination in attorney licensing, then there is "no oversight" when bias infects the process.
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October 27, 2025
Cannabis Cos. Seek Supreme Court Review Of Federal Ban
A group of cannabis interests challenging the federal marijuana ban are urging the U.S. Supreme Court to reconsider a 20-year-old precedent on cannabis policy.
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October 27, 2025
Exxon Sues Calif. Over Climate Disclosure Laws
Exxon Mobil Corp. is suing California over state laws the company says violate its First Amendment rights by forcing it "to serve as a mouthpiece" for ideas it disagrees with, including that large companies are uniquely responsible for climate change.
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October 27, 2025
Holland & Knight's CFIUS Team Leader Jumps To Weil
The leader of Holland & Knight LLP's Committee on Foreign Investment in the United States and industrial security team has made the move to Weil Gotshal & Manges LLP in Washington, D.C., the firm announced Monday.
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October 27, 2025
Retention Races For Pa. Justices Turn Into $8M Political Clash
Pennsylvania voters hoping for a quiet off-year election following last year's contentious presidential race have found themselves being targeted by millions of dollars worth of ads this fall over whether to give three Democratic members of the state's Supreme Court fresh 10-year terms on the bench.
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October 27, 2025
Senate Bill Would Let US Marshals Aid Tribal Law Enforcement
Two U.S. senators have introduced legislation that will give the U.S. Marshals Service the authority to help tribal law enforcement agencies track down individuals with violent felony arrest warrants and search for missing children.
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October 27, 2025
DOJ Hires 36 New Immigration Judges After Dozens Of Firings
The Executive Office for Immigration Review has hired 11 new permanent immigration judges and 25 temporary ones after more than 100 judges were terminated, reassigned or retired early.
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October 27, 2025
Miss. OKs Transfer Of Rural Development Funding
A broadband service provider has informed the Federal Communications Commission that it has the green light from Mississippi officials to take over another company's federal funding for network deployment in the Magnolia State.
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October 27, 2025
Feds Push To Keep Challenge To Calif. Truck Rules Alive
The U.S. Environmental Protection Agency is urging a California federal court not to dismiss its intervenor claims alleging that the state violated the Clean Air Act through its adoption of new emissions standards for heavy duty trucks.
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October 24, 2025
Inventors Explore Funding, Celebrate Stewart And Newman
Suspended Federal Circuit Judge Pauline Newman and deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart provided encouragement to members of US Inventor Friday as the inventors heard each other's stories, learned the logistics of protecting or losing their patents, and gained tips on financing their litigation.
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October 24, 2025
Fed Moves To Open Stress Test Models In 'Transparency' Push
The Federal Reserve Friday issued a package of proposals to open up its stress-testing models and scenario designs to public scrutiny, pulling back the curtain on a process that helps determine capital requirements for the nation's biggest banks.
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October 24, 2025
Justices' Whistleblower Denial Has Some Attys Fearing A Chill
The U.S. Supreme Court's decision not to take up a whistleblower award calculation appeal has highlighted a long-running concern that whistleblowers could be left out in the cold if the company they expose falls into bankruptcy before they get awards to which they would otherwise be entitled.
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October 24, 2025
Calif. Dialysis Bill Violates Free Speech, 9th Circ. Told
Attorneys for healthcare providers, dialysis patients and a charity urged the Ninth Circuit in a Friday hearing to reverse a district court ruling upholding part of a California law capping profits for dialysis providers that donate to a charitable fund that then supports insurance payments for the providers' patients.
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October 24, 2025
FCC Knocked For Weakening Broadband Nutrition Labels
The Federal Communications Commission should be more concerned with ensuring that consumers can find the agency-mandated nutrition-style broadband labels meant to inform them about prices and fees than it is with stripping away the labels' various requirements, says a left-leaning think tank.
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October 24, 2025
Curaleaf Urges Block On NJ Pot Shop Union Rule
Curaleaf asked a New Jersey federal judge Friday to block state cannabis industry regulators from making cannabis retailers sign labor peace agreements with unions, saying the requirement treads on the retailers' rights under the National Labor Relations Act.
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October 24, 2025
NBA Betting Scandal A Wake-Up Call For Leagues, Industry
The National Basketball Association, with its enormous earnings, popularity and influence nationally and internationally, is under the microscope after Thursday's indictments of current and former players in a big gambling scheme — but legal experts say no sport, league or gaming entity should feel safe or comfortable in the environment where the NBA scandal evolved.
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October 24, 2025
Court Weighs Limits On Trump's DC National Guard Powers
A D.C. federal judge Friday repeatedly pressed a Trump administration lawyer on whether there are any limits to the president's power over the District of Columbia National Guard under his reading of federal law, as the attorney insisted the powers were intended to be "broad."
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October 24, 2025
FDIC's Signage Rule Revamp Sparks Clash Over Flexibility
The Federal Deposit Insurance Corp.'s proposal to loosen Biden-era requirements for displaying its official logo on digital banking channels is drawing mixed reactions, with consumer advocates warning it goes too far while bank groups say it "does not go far enough."
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October 24, 2025
2nd Circ. Says 'Aged Out' Minor Nixed Man's Removal Relief
The Board of Immigration Appeals rightly denied an Ecuadorian man's plea to stay in the U.S. to prevent hardship to a minor daughter when she turned 21 by the time it issued a decision, a Second Circuit panel ruled Friday.
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October 24, 2025
Feds Want Goldstein To Disclose 'Blame Everyone' Defense
The federal government Friday urged a Maryland federal judge to give SCOTUSblog co-founder Tom Goldstein a December deadline to disclose whether he intends to assert at trial that he failed to file tax returns due to legal advice, saying it expects him to "blame everyone other than himself."
Expert Analysis
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Parsing Trump Admin's First 6 Months Of SEC Enforcement
The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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The Consequences Of OCC's Pivot On Disparate Impact
The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.
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FDA Transparency Plans Raise Investor Disclosure Red Flags
The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.
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Rising USCIS Denials May Signal Reverse On Signature Policy
Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits
A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.
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How FDIC Appeals Plan Squares With Fed, OCC Processes
The Federal Deposit Insurance Corp.'s recent proposal to revise its appeals process merits a fresh comparison to the appeals systems of the Federal Reserve and Office of the Comptroller of the Currency, and would provide institutions with greater transparency and independence, say attorneys at Alston & Bird.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'
The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.