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Public Policy
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November 05, 2025
Okla. Seeks Toss Of Medical Marijuana Operators' Suit
No one has a right to sell marijuana, Oklahoma argued when asking a federal court to quash a lawsuit by a group of medical marijuana companies accusing the state of violating the Constitution's dormant commerce clause by implementing residency requirements to obtain a license.
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November 05, 2025
Daytona Beach Asks 11th Circ. To Revive Panhandling Law
The city of Daytona Beach, Florida, asked the Eleventh Circuit Wednesday to reverse an order declaring unconstitutional a city ordinance criminalizing panhandling in certain parts of the city, arguing the ordinance is not a content-based restriction on speech.
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November 05, 2025
Kalshi, Robinhood Say Tribes' Gaming Law Case Lacks Merit
Kalshi and Robinhood have told a California federal judge that Native American tribes in the state can't bring claims that the trading platforms ran a criminal racket and flouted laws protecting tribal gaming by offering their sports event contracts, since the wagers are ultimately overseen by federal commodity laws.
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November 05, 2025
UPS Crash Probe Begins, FAA Plans For 10% Cut In Air Traffic
A UPS cargo plane that crashed in Louisville, Kentucky, appeared to have an engine on fire that detached from the aircraft during takeoff, the National Transportation Safety Board said Wednesday as investigators began collecting and examining evidence from a fiery crash that left 11 people dead.
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November 05, 2025
Dems Nab PSC Spots As Georgians React To High Utility Bills
Georgia Democrats rolled to victory Tuesday over two Republican members of the state's utility oversight board, breaking the GOP's monopoly on the Public Service Commission and opening the door for shakeups in Peach State energy policy, experts say.
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November 05, 2025
Judge Demands Facts In Pa. Medicaid-Paid Abortion Ban Case
A Pennsylvania Commonwealth Court judge on Wednesday repeatedly asked healthcare providers at oral arguments to show her facts on why a statewide ban on Medicaid-funded abortions was unconstitutional, often remarking that the case was short on evidence to support making changes to the coverage exclusion.
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November 05, 2025
AGs Defend Bid To Intervene In DOJ's HPE Merger Deal
More than a dozen Democratic attorneys general have assailed the Justice Department and Hewlett Packard Enterprise for fighting their bid to peek behind the controversial settlement clearing HPE's $14 billion purchase of Juniper Networks, telling a California federal judge that Congress created court oversight for deals just like this.
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November 05, 2025
Alaska Plumber Fights Feds' Contractor Labor Rule
Former President Joe Biden's administration didn't have the authority to issue a rule requiring contractors on large federal contracts to agree to union deals, an Alaska plumbing and heating subcontractor argued Wednesday as it asked a federal court to vacate the rule.
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November 05, 2025
Mamdani Taps Ex-FTC Chief Lina Khan For NYC Transition
New York City Mayor-elect Zohran Mamdani on Wednesday named an all-woman transition team, including former Federal Trade Commission Chair Lina Khan, who attracted the ire of tech giants and corporations by spearheading the Biden administration's aggressive antitrust enforcement.
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November 05, 2025
Cypriot Firm Challenges OFAC Sanctions In DC Court
A Cypriot tech investment company is suing the U.S. Department of the Treasury's Office of Foreign Assets Control, claiming it should be removed from a list of entities under U.S. sanctions brought following the invasion of Ukraine.
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November 05, 2025
Calif. GOP Sues To Block Voter-Approved Prop. 50 Districts
A group of Golden State Republicans sued Gov. Gavin Newsom and the state secretary in California federal court Wednesday, challenging the new redistricting maps that California voters approved Tuesday in passing Proposition 50, which could potentially flip five House seats for Democrats in next year's midterm election.
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November 05, 2025
11th Circ. Says Not Feds' Fault If $345M Crypto Key Was Lost
The Eleventh Circuit has ruled that a man convicted of identity theft cannot sue the government for $345 million he claims he lost because federal investigators wiped a hard drive containing access codes to several thousand bitcoins, noting the man didn't tell investigators about the cryptocurrency.
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November 05, 2025
Investigator Immunity Limited In Death Row Exoneree Suit
An exonerated Florida death row inmate who accused a fingerprint examiner and investigators of causing his wrongful double-murder convictions can continue his case against them, the Eleventh Circuit has ruled, affirming qualified immunity does not shield them from certain allegations.
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November 05, 2025
Fla. County Employee Fights Prisoner's Injury Suit At 11th Circ.
A St. Lucie County, Florida, employee told the Eleventh Circuit Wednesday that a lower court should have granted him a win in a prisoner's suit over an injury he caused on a work site, arguing that the facts show there was no Eighth Amendment violation, and he has qualified immunity.
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November 05, 2025
NTIA Rule Creates 'Impossible Choice,' Group Says
The Trump administration's plan to make BEAD recipients promise they will not need federal operational subsidies if they take money from the massive broadband infrastructure program is a bad one, says a broadband advocacy group.
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November 05, 2025
Docs Show IRS Improperly Shared Data With ICE, Groups Say
Documents submitted by the U.S. government to a D.C. federal court show the IRS violated taxpayer privacy laws by sharing individuals' addresses with ICE despite its requests lacking required information and by accepting an unreasonable explanation about why the information was requested, several groups said.
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November 05, 2025
FTC Wants 'Tainted' Drs. Testimony Barred From Merger Case
The Federal Trade Commission wants a D.C. federal judge to bar a pair of outside doctors and consultants from vouching for Edwards Lifesciences' planned JenaValve acquisition, arguing in a filing made public Tuesday that claims of minimal communication between the physicians' counsel and the companies were "at best, misleading."
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November 05, 2025
Trump Taps Former GOP Congressman To Lead BLM
President Donald Trump on Wednesday nominated former New Mexico Republican congressman Steve Pearce to lead the Bureau of Land Management, the U.S. Department of the Interior office that oversees energy development on federal lands.
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November 05, 2025
San Antonio Voters Approve Funding For New Spurs Arena
Texas voters have approved a tax that will provide up to $311 million for a planned $1.3 billion arena for the NBA's San Antonio Spurs, paving the way for a partial downtown redevelopment.
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November 05, 2025
Del. Justices Hear Early Challenge To Corp. Law Amendments
Delaware's corporate litigation elites squared off before the state's Supreme Court on Wednesday over arguments that state lawmakers either righted — or subverted — the Court of Chancery's equity powers in amending the state's General Corporation Law earlier this year.
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November 05, 2025
Texas Justices Mull Pro Se Atty's Contact With Opposite Party
Texas' justices appeared skeptical that a lawyer deserved to get suspended for five years after he contacted members of the Commission for Lawyer Discipline, asking Wednesday whether the rule barring attorneys from directly contacting a party represented by counsel applies to lawyers representing themselves.
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November 05, 2025
Conn. Justice Questions 'Credibility Contest' In Fatal Fire Suit
A Connecticut Supreme Court justice wondered Wednesday if a trial court should rely on expert affidavits to determine the law in a foreign jurisdiction, probing whether a "credibility contest" was the right method for deciding that a lawsuit over a massive fatal fire belongs in the Philippines instead of the U.S.
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November 05, 2025
Justices Skeptical About Trump's Emergency Tariff Authority
Several U.S. Supreme Court justices asked the government to defend why well-established judicial doctrines shouldn't limit President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act during oral arguments Wednesday, casting doubt on whether they believe the law provides that kind of authority.
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November 05, 2025
Taft Adds DC Water Leader To New Government Practice
The top attorney at D.C. Water, the independent authority overseeing water and wastewater matters in the nation's capital, has joined a new team at Taft Stettinius & Hollister LLP, the firm announced Tuesday.
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November 05, 2025
Philip Morris Damages Guardrail Bid Meets Skeptical Justices
Massachusetts' top court appeared unreceptive Wednesday to arguments made by Philip Morris USA Inc. that a since-reduced $1 billion verdict issued by a state court jury means more guidelines are needed to curtail massive awards.
Expert Analysis
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As Student Loan Outlook Dims, What Happens To The Banks?
While much of the news around the student loan crisis focuses on the direct impact on young Americans' decreasing credit scores, the fate of the banks themselves — and the effect on banking policy — has been largely left out of the narrative, says Madeline Thieschafer at Fredrikson & Byron.
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How Trade Fraud Task Force Launch Furthers Policy Goals
A new cross-agency trade fraud task force is the latest in a series of Trump administration efforts to leverage agency relationships in pursuit of its trade policy goals, and its creation signals a further uptick in customs enforcement, say attorneys at Morgan Lewis.
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Keys To Extended Producer Responsibility Compliance
As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.
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Digital Asset Report Opens Doors For Banks, But Risks Linger
A recent report from a White House working group discussing digital asset market structure signals how banks may elect to expand into digital asset custody, trading and related services in the years ahead, but the road remains layered with challenges, say attorneys at Foley & Lardner.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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5 Real Estate Takeaways From Trump's Sweeping Tax Law
Changes to the Internal Revenue Code included in the One Big Beautiful Bill Act will have a range of effects on real estate sponsors, investors and real estate investment trusts — from more compliance flexibility around taxable REIT subsidiary limits to new considerations raised by a key retaliatory tax provision that was left out, say attorneys at DLA Piper.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting
As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.
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How Securities Test Nuances Affect State-Level Enforcement
Awareness of how different states use their securities investigation and enforcement powers, particularly their use of the risk capital test over the federal Howey test, is critical to navigating the complicated patchwork of securities laws going forward, especially as states look to fill perceived federal enforcement gaps, say attorneys at WilmerHale.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Calif. Bill May Shake Up Healthcare Investment Landscape
If signed by the governor, newly passed California legislation would significantly expand the Office of Health Care Affordability's oversight of private equity and hedge fund investments in healthcare companies and management services organizations, and raise several questions about companies' data confidentiality and filing burdens, say attorneys at Ropes & Gray.
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How Prohibiting Trigger Leads May Affect Mortgage Marketing
Recent amendments to the Fair Credit Reporting Act prohibiting the sale of trigger leads mark a significant shift in the regulatory landscape for mortgage lenders, third-party lead generators and their legal counsel, who should reevaluate lead generation strategies and compliance protocols, say Joel Herberman, Rob Robilliard and Leah Dempsey at Brownstein Hyatt.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Pharma Copay Programs Raise Complex Economic Questions
The growing prevalence of copay accumulator and maximizer programs in the pharmaceutical industry is drawing increased scrutiny from patients, advocacy groups, lawmakers and courts, bringing complex questions about how financial responsibility for prescription drug purchases is determined and complicating damages assessments in litigation, say analysts at Analysis Group.