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Public Policy
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October 27, 2025
Former Pandemic Watchdog Named Interim US Atty In Pa.
Amid the ongoing furlough of U.S. Department of Justice employees, the U.S. Attorney's Office for the Middle District of Pennsylvania has announced the interim appointment of Brian D. Miller, former inspector general for pandemic recovery, as U.S. attorney, effective on Monday.
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October 27, 2025
Mich. Panel Orders House To Send Stalled Bills To Governor
The Michigan House of Representatives must deliver nine passed bills that it has held onto for 10 months to Gov. Gretchen Whitmer for her consideration, a Michigan Court of Appeals panel ruled Monday.
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October 27, 2025
USPTO, NWS Unions Try Blocking Order Ending Labor Rights
Two unions that represent employees at the U.S. Patent and Trademark Office and the National Weather Service have asked a District of Columbia federal judge for a preliminary injunction to block an executive order ending their collective bargaining rights, saying the order relied on a flawed finding that the two agencies have national security as a primary function.
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October 27, 2025
AGs Call Landlord Deals In RealPage MDL 'Weak'
A quartet of state attorneys general urged a Tennessee federal judge to hold off on approving $141.8 million in class settlements resolving claims that major landlords used RealPage to fix rent prices, arguing the "weak injunctive terms" and "meager monetary relief" interferes with their own cases.
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October 27, 2025
Texas Defends Using 'Alien Verification' System To Vet Voters
Texas is looking to intervene in a lawsuit challenging the Trump administration's pooling of immigrants' personal data into centralized databases to help states purge voter rolls, saying that the challenge jeopardizes a "transformational" tool for doing so.
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October 27, 2025
10th Circ. Upholds Wyoming's Hemp Restrictions
The Tenth Circuit on Monday said a Wyoming law regulating hemp-derived intoxicating products was not unconstitutional or preempted by federal law, preserving the state's strict policies reining in wares containing synthetic or delta-8 THC.
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October 27, 2025
Trump Asks Justices To Stay Copyright Chief's Reinstatement
The Trump administration asked the U.S. Supreme Court on Monday to stay a D.C. Circuit ruling that reinstated the fired leader of the U.S. Copyright Office while she challenges her removal, arguing that allowing a terminated official to remain in place causes irreparable harm to the president's authority.
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October 27, 2025
Ex-Conn. Housing Chief's Brother Says Payments Were Legit
The brother of the former executive director of a Connecticut municipal housing authority denied the authority's claims against him in a sprawling fraud lawsuit, saying payments made to his companies as part of the targeted transactions at issue were legitimate.
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October 27, 2025
Ore. Religious Group Loses Tax-Exempt Bid In Claims Court
An Oregon religious organization lost its challenge in the U.S. Court of Federal Claims to regain its church tax-exempt status, which the Internal Revenue Service revoked after determining that much of the group's spending personally benefited the founders' family members.
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October 27, 2025
NY Judge Orders State Agency To Issue Climate Regulations
A New York state judge on Friday sided with green groups that sued the Department of Environmental Conservation for failing to promulgate regulations implementing a climate change law that the agency says would burden residents with high costs.
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October 27, 2025
6th Circ. Judges Question FINRA's 'Voluntary' Membership
Sixth Circuit judges probed the effect on private securities regulators of a U.S. Supreme Court decision limiting the U.S. Securities and Exchange Commission's use of in-house courts Monday, though a procedural issue may thwart the appeal.
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October 27, 2025
Feds Fight Union Bid To Protect Jobs During Gov't Shutdown
The Trump administration is fighting a group of unions' request for a California federal judge to block the government from laying off federal workers during the shutdown, saying the injunction request from eight unions is far too broad.
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October 27, 2025
9th Circ. OKs Gun Ban For Suspect Who Brought Gun To Court
The Ninth Circuit on Monday revived the indictment of a man who brought a loaded handgun into an Idaho state court, finding that a no-contact order banning him from possessing a firearm does not violate his Second Amendment rights.
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October 27, 2025
AbbVie Defends Challenge Of Colorado's Discount Drug Law
AbbVie defended its lawsuit challenging a Colorado law it says conflicts with federal law by forcing manufacturers to sell drugs at steep discounts to Walgreens, CVS and other pharmacy chains, telling a federal judge that the state compels the biotech company to sell more discounted drugs than federal law requires.
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October 27, 2025
US Unveils Trade Frameworks For Vietnam, Thailand Deals
The U.S. issued new details on a framework trade deal it reached months ago with Vietnam and announced a new framework deal with Thailand, according to announcements made by the White House on Sunday.
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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.
Expert Analysis
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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.
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Opinion
Congressional Bid Protest Concerns Lack Evidence
The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.