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Public Policy
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October 30, 2025
Small Biz Groups Seek Quick Win In CFPB Lending Data Fight
A coalition of consumer-aligned advocacy groups is seeking summary judgment in Washington, D.C., federal court in their suit aiming to compel the Consumer Financial Protection Bureau to implement a 15-year-old Congressional mandate to collect lending data for women- and minority-owned small businesses.
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October 30, 2025
Med Robot Co. Tells 9th Circ. Not To Revive 'Disfavored' Suit
Intuitive Surgical urged the Ninth Circuit not to revive a surgical repair company's claims alleging it blocked third parties from refurbishing components for its popular da Vinci surgery robot, defending the district court's findings that cases alleging anticompetitive harm to a single brand aftermarket are "rare and disfavored."
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October 30, 2025
Squires' National Security Fears Over RPIs Draw Skepticism
U.S. Patent and Trademark Office Director John Squires has started requiring patent challengers to disclose all real parties in interest when filing their initial Patent Trial and Appeal Board petitions, building on his policies to limit such challenges and citing concerns over national security.
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October 30, 2025
Judge Says FCA Qui Tam Provisions Don't Violate Constitution
A Wisconsin federal judge has rejected Wisconsin Bell's attempt to shutter a whistleblower's claims it overcharged schools and libraries for connectivity services provided under the federal E-Rate program by arguing the False Claims Act's qui tam provisions are unconstitutional.
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October 30, 2025
FDIC's Hill Says Deposit Insurance Boost May Not Raise Costs
The Federal Deposit Insurance Corp.'s top official said at his Thursday confirmation hearing that a targeted increase in his agency's coverage limits could dampen depositor run risk without necessarily requiring it to charge all banks more for the extra protection.
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October 30, 2025
GOP Senator Floats Fair Access Bill In 'Debanking' Push
Sen. Thom Tillis, R-N.C., introduced draft legislation Thursday that he says builds on an earlier attempt to prevent banks from blocking conservatives or disfavored industries from opening accounts, proposing the creation of a fair access standard that allows regulators and attorneys general to sue noncompliant banks.
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October 30, 2025
Trade Deals At Risk In Trump Tariff Case, Feds Tell Justices
The federal government told the U.S. Supreme Court on Thursday that President Donald Trump's global tariffs have led to significant trade deals addressing the underlying national emergencies he declared, and a ruling determining them unlawful would prove catastrophic.
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October 30, 2025
FCC Dem Concerned About Broadband 'Bridge To Nowhere'
The Federal Communications Commission's lone Democrat said Thursday she's worried the government will end up building a "bridge to nowhere" by leaning too heavily on broadband deployment projects at the expense of connectivity aid.
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October 30, 2025
Wash. Justices Debate Judge's Future Amid Court Discord
The Washington Supreme Court on Thursday asked about the practical effect of returning a suspended municipal judge to the bench, probing whether there's any evidence that Judge Tracy S. Flood and staff of the Bremerton Municipal Court would be able to avoid further discord and subsequent impacts on litigants if she went back to her post.
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October 30, 2025
Washington Pot Board Says Racial Bias Claims Nothing New
There is nothing new about accusations that the Washington State Liquor and Cannabis Board disproportionately favored white applicants over minorities when issuing marijuana licenses, state regulators told a federal court, arguing that a Black entrepreneur's public advocacy renders untimely his lawsuit over a license denial.
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October 30, 2025
Judge Blasted For Violent Sexual Comments Against Minors
The Texas State Commission on Judicial Conduct has reprimanded a municipal judge for directing sexual remarks at children and wishing sexual violence upon them, noting that the judge exhibited racial bias from the bench.
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October 30, 2025
State AGs Target 'Anticompetitive Recycling Practices'
The attorneys general of Florida and several other states have said they're concerned that environmental groups are coordinating with large corporations to implement "anticompetitive recycling practices" that could violate state or federal antitrust law.
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October 30, 2025
Defamation Litigation Roundup: Drake, IRS, Greenpeace
In this month's review of defamation fights, Law360 highlights notable developments in California's anti-SLAPP law following a major Ninth Circuit opinion, as well as a decision — and appeal — in Drake's fight with his record label over Kendrick Lamar's diss track.
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October 30, 2025
Nicaraguan Businessman Sues Citi Over $270K Account Freeze
A Nicaraguan businessman has sued Citibank in Florida federal court, alleging the bank froze and closed his accounts holding more than $270,000 without explanation and has failed to return the money to him.
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October 30, 2025
China Delays Expanded Mineral Export Controls, Trump Says
China has agreed to delay for a year an expansion to export controls for key minerals and is set to start purchasing more U.S. agricultural products including soybeans, while U.S. tariffs on Chinese goods will decrease 10%, President Donald Trump said early Thursday morning.
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October 30, 2025
Judges Say Judicial Freedom Key To Maintaining Rule Of Law
Colorado state and federal judges provided a glimpse Wednesday into how courts decide cases when facing current challenges to the rule of law, agreeing that judicial independence is paramount to maintaining the heart of the United States' legal system.
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October 30, 2025
Meta Says CFPB Has Dropped Biden-Era Advertising Probe
Meta Platforms Inc. said Thursday that the Consumer Financial Protection Bureau has closed an investigation into its finance-related advertising practices, a disclosure that comes a year after the agency signaled it was considering a possible enforcement action.
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October 30, 2025
Lawmakers Slam Value-Based Patent Fee Proposal
Six members of the U.S. House of Representatives wrote to U.S. Secretary of Commerce Howard Lutnick on Thursday expressing concern over the proposal to charge patent holders fees based on their patent's value, saying that will harm innovation and economic growth.
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October 30, 2025
SpaceX's China Ties Require Scrutiny, FCC Told
SpaceX's plan to buy $17 billion in spectrum shouldn't be approved until the FCC looks into Elon Musk's "deep reliance" on the Chinese Communist Party for financing his space exploration company's operations and manufacturing its equipment, a consumer group says.
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October 30, 2025
Trump Sets Record Low Refugee Cap, Prioritizes Afrikaners
The Trump administration announced Thursday that it is capping the number of refugee admissions to a record low of 7,500, with most admissions going to white South Africans, who the administration has claimed have been facing racial discrimination.
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October 30, 2025
Senate Votes To Ax Global Tariffs, But House Path Blocked
The Senate passed legislation Thursday to end the declared national emergency propping up President Donald Trump's global tariff regime shortly after passing similar bills regarding tariffs on Canada and Brazil, though the House previously moved its deadline for action on the matter to next year.
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October 30, 2025
IRS Discloses Record In ICE Data Sharing Case
The IRS, following a judge's order, has released its administrative record in a lawsuit over its agreement to share taxpayer information with federal immigration authorities, including emails in which officials discuss U.S. Immigration and Customs Enforcement's request for information on nearly 1.3 million taxpayers.
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October 30, 2025
Copyright Rules For AI Creations Too Strict, IP Panel Says
The U.S. Copyright Office's rule barring registration of works created entirely by artificial intelligence systems may be overly strict and unlikely to endure, according to a panel of legal experts who discussed the matter Wednesday at the American Intellectual Property Law Association's annual conference in D.C.
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October 30, 2025
Gun Rights Groups Ask Justices To Review Ban On Pot Users
A group of gun rights advocates urged the U.S. Supreme Court to hear a case arguing that a federal law prohibiting marijuana users from owning guns runs afoul of the Second Amendment, saying a similar case the justices agreed to hear is a poor vehicle for the issue.
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October 30, 2025
Tribes Act As Shutdown Threatens Food, Health Services
With Supplemental Assistance Nutrition Program funding set to expire on Friday, at least four Indigenous nations have declared states of emergency, saying the stalemate between U.S. politicians is impacting vital services and benefits that are threatening their welfare.
Expert Analysis
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Opinion
Ending Quarterly Reporting Would Erode Investor Protection
President Donald Trump recently called for an end to the long-standing practice of corporate quarterly reporting, but doing so would reduce transparency, create information asymmetries, provide more opportunities for corporate fraud and risk increased stock price volatility, while not meaningfully increasing long-term investments, say attorneys at Bleichmar Fonti.
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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Strategies For Defending Banks In Elder Abuse Cases
Several recent cases demonstrate that banks have plenty of tools to defend against claims they were complicit in financial abuse of older adults, but financial institutions should also continue to educate customers about third-party scams before they happen, say attorneys at Troutman.
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AG Watch: Va. Race Spotlights Consumer Protection Priorities
Ahead of the state's attorney general election, Virginia companies should assess how either candidate's approach could affect their compliance posture, with incumbent Jason Miyares promising a business-friendly atmosphere that prioritizes public safety and challenger Jay Jones pledging to focus on economic justice and corporate accountability, says Chuck Slemp at Cozen O’Connor.
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Preparing For What DOD Cybersecurity Audits May Uncover
Defense contractors seeking certification under the U.S. Department of Defense's Cybersecurity Maturity Model Certification program that begins implementation on Nov. 10 may discover previously unknown violations, but there are steps they can take to address any issues before they come to the attention of enforcement authorities, say attorneys at Troutman.
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A Look At Project Crypto's Plans For Digital Asset Regulation
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent announcement of Project Crypto, an agencywide initiative to modernize federal securities regulations, signals a significant shift toward a more flexible regulatory framework that would shape the future of the U.S. digital asset market, say attorneys at WilmerHale.
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Breaking Down The Intersection Of Right-Of-Publicity Law, AI
Jillian Taylor at Blank Rome examines how existing right-of-publicity law governs artificial intelligence-generated voice-overs, deepfakes and deadbots; highlights a recent New York federal court ruling involving AI-generated voice clones; and offers practical guardrails for using AI without violating the right of publicity.
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Civil Maritime Nuclear Sector Poised For Growth, Challenges
The maritime industry now stands on the verge of a nuclear-powered renaissance, with the need for clean energy, resilient power generation and decarbonized logistics driving demand for commercial maritime nuclear technology — but these developments will raise significant new legal, regulatory and technical questions, say attorneys at Holland & Knight.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues
The Trump administration’s recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act’s rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.
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NY AML Rules Get Crypto Rebrand: What It Means For Banks
A recent letter from the New York State Department of Financial Services outlining how banks can use blockchain analytics in anti-money laundering efforts is a reminder that crypto activity is not exempted from banks' role in keeping the financial system safe, says Katherine Lemire at Lankler Siffert.
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What's At Stake At High Court For Presidential Removal Power
Two pending U.S. Supreme Court cases —Trump v. Slaughter and Trump v. Cook — raise fundamental questions about the constitutional separation of powers, threaten the 90-year-old precedent of Humphrey's Executor v. U.S. and will determine the president's authority to control independent federal agencies, says Kolya Glick at Arnold & Porter.
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Using The GHG Protocol For California Climate Reporting
With the California Air Resources Board's recent announcement that entities subject to the state's climate disclosure laws can use the Greenhouse Gas Protocol as a standard for structured, auditable reporting, a review of methods, data sources and disclosures under the protocol is timely for compliance planning, says Thierry Montoya at Frost Brown.
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Employer Considerations As Ill. Ends Mandatory Fact-Finding
Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.
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Courts Are Still Grappling With McDonnell, 9 Years Later
The Seventh and D.C. Circuits’ recent decisions in U.S. v. Weiss and U.S. v. Paitsel, respectively, demonstrate that courts are still struggling to apply the U.S. Supreme Court’s 2016 ruling in McDonnell v. U.S., which narrowed the scope of “official acts” in federal bribery cases, say attorneys at Quinn Emanuel.