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Public Policy
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October 03, 2025
Full 6th Circ. Skips Free Speech Row Over Drone Hunting Ban
The Sixth Circuit on Friday declined to reconsider whether Michigan's ban on the use of drones for hunting violates the right to free speech, finding the issue was already covered in an earlier ruling, but warning the case could raise bigger First Amendment concerns in the future.
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October 03, 2025
Justices Again Clear Trump To Scrap TPS For Venezuelans
The U.S. Supreme Court for a second time cleared the Trump administration to undo temporary protected status designations for hundreds of thousands of Venezuelans, despite lower court rulings concluding it acted unlawfully, sparking a fierce dissent by Justice Ketanji Brown Jackson.
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October 03, 2025
DC Circ. Nixes Enforcement Of $156M India Award
The D.C. Circuit on Friday ordered a lower court to reconsider defenses raised by India as it fights efforts by Deutsche Telekom AG to enforce a nearly $156 million arbitral award against the country over a nixed satellite lease and telecommunications deal, including whether the dispute belonged in arbitration.
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October 03, 2025
Fed. Circ. Sinks Advocacy Groups' Bid For PTAB 'Veto' Rule
The Federal Circuit on Friday affirmed a lower court's rejection of efforts by advocacy groups to create a "veto" for small-business patent owners defending themselves at the Patent Trial and Appeal Board, saying in a precedential decision that the groups lacked standing.
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October 03, 2025
NC Gov. Gives Stamp Of Approval To Bill Ending Cashless Bail
North Carolina's Democratic governor on Friday signed into law a bill to eliminate cashless bail that is named for the Ukrainian refugee who was murdered on Charlotte's public transit system, but he said it lacks overall "vision" and lambasted a provision adopting alternative execution methods in the state.
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October 03, 2025
'Clean Slate' For Broadcast Rules Needed, Think Tank Says
An economics think tank suggested the Federal Communications Commission go back to the drawing board with rules governing radio and TV ownership, suggesting that the existing rules would not be envisioned in the current competitive, multimedia environment.
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October 03, 2025
Court Limits In Congress' NEPA Reform Push Spark Debate
Congressmembers' hopes to facilitate the faster approval of projects that require environmental reviews like pipelines and other energy infrastructure may be an uphill battle despite bipartisan support due to accompanying provisions, such as limited judicial review, that have invited opposition.
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October 03, 2025
Pa. Supreme Court Snapshot: Silent Witness, Corporate Veil
When its October session launches Tuesday, the Pennsylvania Supreme Court will consider issues such as the time limits on long-hidden crimes and long-undiscovered construction flaws, along with witnesses who say nothing on the stand and experts who opine on manner of death.
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October 03, 2025
High Court Asked To Review Racial Bias In Miss. Jury Strikes
It wasn't until after he endured six capital murder trials tainted by racial prejudice that Curtis Flowers, a Black Mississippian, was finally exonerated, had the charges against him dismissed and his name cleared.
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October 03, 2025
Native Groups Urge Action As Shutdown Threatens Services
Federal lawmakers and Native American nonprofits are calling for funding to continue certain services during the U.S. government shutdown, saying they're concerned about the disproportionate harm it could have on tribal communities.
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October 03, 2025
Mass. Justices Say Pandemic Delay Not Speedy Trial Violation
Massachusetts' highest court ruled Friday that pandemic-related delays in bringing a defendant to trial did not violate his right to a speedy trial under the state and U.S. constitutions.
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October 03, 2025
Gov. Lamont May Testify In Ex-Conn. Budget Official's Trial
Former Connecticut budget official Konstantinos Diamantis on Friday told a panel of potential jurors that he plans to call Gov. Ned Lamont to testify in his federal corruption trial, setting up a possible courtroom showdown between Diamantis and the elected official who removed him from his post before he was indicted.
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October 03, 2025
DC Circ. Eyes Pre-Enforcement Standing In Gun Ban Case
A panel of D.C. Circuit judges wrestled with where to draw the line on pre-enforcement challenges in Second Amendment cases Friday as Washington, D.C., defended its ban on firearms on Metro trains and buses from area gun-owners seeking to carry and ride.
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October 03, 2025
FERC Finding Friendlier Courts In Gas Project Approval Fights
The Federal Energy Regulatory Commission is getting more leeway from courts in lawsuits challenging its gas project approvals following a recent U.S. Supreme Court ruling that curtailed federal environmental reviews, which may ultimately speed up the agency's consideration of projects.
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October 03, 2025
Pot Co. Urges 9th Circ. To Revive Labor Peace Law Challenge
A cannabis retailer challenging the constitutionality of a California law that requires marijuana businesses to have labor peace agreements with unions is urging the Ninth Circuit to revive its lawsuit against the state.
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October 03, 2025
EEOC Can't Halt Suit Over Trans Advocacy Amid Shutdown
A Maryland federal judge refused Friday to grant the U.S. Equal Employment Opportunity Commission's bid for a stay in a suit claiming the agency violated federal law by dropping gender identity discrimination cases, despite the government's argument that the ongoing shutdown meant the case couldn't move ahead.
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October 03, 2025
2nd Circ. Says Exxon Must Pay Atty Fees For 'Absurd' Args
The Second Circuit on Friday said energy giants including Exxon Mobil Corp. must pay attorney fees to New York City, which is suing them for deceptive practices around climate change, for advancing "absurd" arguments in remand proceedings.
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October 03, 2025
Trump Admin Hit With Suit Over $100K H-1B Fees
Several groups sued Friday in California federal court to block the Trump administration's recent action slapping on a $100,000 fee for H-1B visas, saying the new price tag was unconstitutionally ordered and will hurt more than just America's tech industry.
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October 03, 2025
Miami Beats Suit Over Alleged RE Plot Involving Ex-City Atty
A Florida state appeals court reversed the denial of the city of Miami's motion to dismiss a civil conspiracy claim brought against it by a man who accused city workers of conspiring with the former city attorney and her husband to purchase houses with multiple code violations at below-market value and sell them for a profit.
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October 03, 2025
Justices To Mull Hawaii's 'Vampire Law' For Concealed Carry
The U.S. Supreme Court on Friday agreed to hear a challenge to a Hawaii law that bars pistol permit holders from bringing handguns onto private property open to the public without the owner's express permission, similar to policies in other states that critics have characterized as "vampire laws."
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October 03, 2025
Vanderbilt Law Grad Says Wrongful Conviction Ruined Dream
A graduate of the prestigious Vanderbilt Law School has been shut out of the legal profession for years because Connecticut police and his own criminal defense attorneys worked to ensure that he was wrongfully convicted of assault, according to a civil rights and legal malpractice lawsuit this week removed to federal court.
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October 03, 2025
College Prez Loses Emergency Bid In Whistleblower Suit
A New Jersey federal judge has rejected a motion from the president of Rowan College at Burlington County seeking an emergency restraining order to block potential termination, amid a whistleblower lawsuit he brought alleging retaliation after he opposed what he described as unlawful actions taken by the school's board and legal counsel.
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October 03, 2025
Feds Accuse NC Farmers Of $8.5M 'Straw Producer' Crop Plot
The U.S. government accused a family farm of engaging in a roughly $8.5 million scheme to inflate crop insurance payouts, alleging in North Carolina federal court that its owner used family members as "straw producers" who had "no legitimate insurable interest in the crops insured."
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October 03, 2025
Calif. Bar Launches Randomized Client Trust Fund Audits
Attorneys in California should be on the lookout for notifications from the state bar regarding client trust fund compliance reviews, as the organization kicks off a five-week mandatory review program during which a small cross-sample of Golden State lawyers will be asked to open their books.
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October 03, 2025
6th Circ. Won't Revive Religious Rehab Group's Land Use Suit
The Sixth Circuit refused to rescue a faith-based rehabilitation operator's claims that a Tennessee county unlawfully wielded land use laws to keep it from buying a new site, finding that the group's move to a nearby county was not a substantial burden on its religious exercise.
Expert Analysis
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
Privacy Bill Must Be Amended To Protect Small Businesses
While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.
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Opinion
Budget Act's Deduction Limit Penalizes Losing Gamblers
A provision in the One Big Beautiful Bill Act that reduces the deduction for gambling losses is unfair to professional and recreational players, risks driving online activity to offshore sites, and will set back efforts to legalize and regulate the industry, says Walter Bourdaghs at Kang Haggerty.
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Even As States Step Up, They Can't Fully Fill CFPB's Shoes
The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant CFPB, say attorneys at Covington.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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The Int'l Compliance View: Everything Everywhere All At Once
Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.
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Opinion
Calif. Must Amend Trade Secret Civil Procedure
A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.
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Previewing State Efforts To Regulate Mental Health Chatbots
New York, Nevada and Utah have all recently enacted laws regulating the use of artificial intelligence to deliver mental health services, offering early insights into how other states may regulate this area, say attorneys at Goodwin.
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6 Questions We Should Ask About The Trump Trade Deals
Whenever the text becomes available, certain questions will help determine whether the Trump administration’s trade deals with U.S. trading partners have been crafted to form durable economic relationships, or ephemeral ties likely to break upon interpretive disagreement or a change in political will, says Ted Posner at Baker Botts.
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'Pig Butchering' Seizure Is A Milestone In Crypto Crime Fight
The U.S.' recent seizure of $225 million in crypto funds in a massive "pig butchering" scheme highlights the transformative impact of blockchain analysis in law enforcement, and the increasing necessity of collaboration between law enforcement agencies, cryptocurrency exchanges and stablecoin issuers, says David Zaslowsky at Baker McKenzie.
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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The Pros, Cons Of A Single Commissioner Leading The CFTC
While a single-member U.S. Commodity Futures Trading Commission may require fewer resources and be more efficient, its internal decision-making process would be less transparent to those outside the agency, reflect less compromise between competing viewpoints and provide the public with less predictability, says former CFTC Commissioner Dan Berkovitz.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.