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Public Policy
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October 23, 2025
2nd Circ. Won't Rehear Cannabis Dormant Commerce Case
The Second Circuit on Wednesday denied New York cannabis regulators' petition to reconsider a panel's split ruling that the U.S. Constitution bars states from privileging their own residents when awarding licenses to cannabis businesses.
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October 23, 2025
Wash. Judge Halts Feds From Pulling $9M In Climate Funds
A Washington federal judge temporarily blocked the Trump administration from scrapping more than $9 million of climate resiliency agreements with Washington state, finding state officials likely to prevail on claims the administration acted unlawfully when it abruptly ended them.
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October 23, 2025
Eli Lilly Says Pharmacy Mass-Producing Weight Loss Drug
Drugmaker Eli Lilly is suing a compounding pharmacy in Texas federal court, alleging the pharmacy ripped off its lucrative weight loss drug, began mass-producing it, and made as much as $2 million per month last year from its misdeeds.
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October 23, 2025
Senate Clears Bill For FCC List Of Foreign Authorizations
The U.S. Senate Thursday passed a bill requiring the Federal Communications Commission to publish a list of companies with ties to certain foreign countries that hold FCC authorizations.
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October 23, 2025
Former TTAB Judge Moves To Greenberg Traurig In Calif.
A former Trademark Trial and Appeal Board judge has jumped from government work to private practice, building out Greenberg Traurig LLP's bench of Los Angeles intellectual property attorneys.
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October 23, 2025
Baldwin Opposes 7th Circ. Pick For Her State
Sen. Tammy Baldwin, D-Wis., on Thursday officially opposed the nomination to the Seventh Circuit of Rebecca Taibleson, a federal prosecutor in Wisconsin, who would serve in her state.
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October 23, 2025
Judge Dings Law Profs In Judge-Shopping Sanctions Case
The federal judge behind a controversial sanctions order accusing three attorneys of judge shopping while challenging an Alabama gender care law is pushing back on claims that he lacked jurisdiction, as the ruling is on appeal in the Eleventh Circuit.
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October 23, 2025
Shipbuilder Can't Ax Md. Bridge Collapse Suit, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse maintained that South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. should be held accountable in Pennsylvania federal court for designing and building a "fatally flawed" ship.
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October 23, 2025
Fla. Court Pauses Marijuana Patients' Gun Rights Case
A Florida federal judge on Thursday agreed to pause a case weighing the constitutionality of a federal ban on medical marijuana patients owning guns after the U.S. Supreme Court recently said it would take up a case on a similar question.
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October 23, 2025
Squire Patton Boggs Partner Confirmed To Kentucky Bench
The Senate voted 48-45, along party lines, on Thursday to confirm former Kentucky Solicitor General and Squire Patton Boggs LLP partner Chad Meredith to the Eastern District of Kentucky.
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October 23, 2025
NY Tribal Members Can't Block New Financial Aid Policy
A federal district court judge has determined that two New York tribal members can't block a new U.S. Education Department policy that requires Jay Treaty students to provide proof of permanent residence status to apply and receive financial aid, saying their claims fell short for lack of standing.
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October 23, 2025
5th Circ. Revives Religious Bias Suit Over DOD Vaccine Policy
The Fifth Circuit breathed new life into a proposed class action claiming the U.S. Department of Defense unlawfully slow-walked civilian employees' requests for religious exemptions from its COVID-19 vaccination directive, saying the mandate getting rescinded didn't nullify the lawsuit.
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October 23, 2025
Judges Admit AI Missteps After Grassley's Oversight Push
Federal judges in New Jersey and Mississippi admitted their staff used artificial intelligence in faulty orders they had to redo over the summer, according to correspondence released Thursday by Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, who is investigating the matter.
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October 23, 2025
Bondi Says Persecutors Are Barred From Asylum, No Exceptions
U.S. Attorney General Pam Bondi has reinstated her predecessor's opinion from the first Trump administration stating that asylum cannot be granted to people who engaged in the persecution of others, even if they were coerced into doing it.
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October 23, 2025
Biden Judicial Noms Atty To Lead Progressive Nonprofit
The American Constitution Society, a progressive legal nonprofit, has named a White House Senior Counsel from former President Joe Biden's administration as its next president, who in his time working at Pennsylvania Avenue oversaw a historic number of judicial confirmations.
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October 23, 2025
Trump Pardons Convicted Binance Founder Changpeng Zhao
President Donald Trump has pardoned the convicted Binance founder Changpeng Zhao, a move that could open the door for Zhao to return to Binance if he so chooses, and for the crypto exchange to renegotiate the terms of its own plea deal, experts said Thursday.
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October 22, 2025
Novo Nordisk Paid Patient Benefits, Not Bribes, Jury Hears
Novo Nordisk Inc. paid benefits to patients with a rare form of hemophilia and not bribes as a group of plaintiffs in an alleged kickback scheme have claimed, a Washington jury was told Wednesday during emotional testimony on the third day of a multiweek trial.
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October 22, 2025
Trump Admin Battles DC Circ. Rehearing Bid In CFPB Case
The Trump administration has urged the full D.C. Circuit to keep in place a split panel's ruling that would allow mass layoffs at the Consumer Financial Protection Bureau, dismissing a union-led bid for full-court review as one that's built on a misguided "straw man" attack.
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October 22, 2025
Ga. Sheriff Seeks Exit From Deputy's Political Firing Suit
A Metro Atlanta sheriff and his office asked a federal judge on Wednesday to toss a former deputy sheriff's lawsuit alleging he was fired due to his age and support for the sheriff's 2024 election opponent, arguing that the sheriff is immune to the suit, and the deputy hasn't shown facts proving discrimination or retaliation.
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October 22, 2025
Fintechs, Banks Clash Over Open Banking Rule Revisions
Trade groups representing banks and fintechs clashed in comment letters over the Consumer Financial Protection Bureau's plans to revise its data-sharing mandate, as banks urged the agency to scrap much of the earlier rule for favoring fintechs, while the tech upstarts argued many of the provisions remain necessary to bust banks' allegedly anticompetitive behavior.
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October 22, 2025
Judge Voids HHS Rule Banning Gender Identity Discrimination
A Mississippi federal judge on Wednesday struck down a Biden-era U.S. Department of Health and Human Services rule that protected gender-affirming care under the Affordable Care Act, ruling that federal officials exceeded their authority by broadening the definition of sex discrimination to cover gender identity.
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October 22, 2025
State AGs Push Back In First Amendment Subpoena Fight
A coalition of state attorneys general is urging the U.S. Supreme Court to safeguard their fundamental investigative authority, warning in an amicus brief filed Tuesday that a New Jersey anti-abortion center's challenge could allow subpoenaed entities to routinely bypass state courts and tie up enforcement actions in federal litigation.
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October 22, 2025
Banks Want Ill. Fee Law Block Extended To Card Networks
Banking industry groups urged an Illinois federal judge Wednesday to permanently block an Illinois law that bans swipe fees on tax and tip portions of payment card transactions, arguing she has already correctly held that national banks are federally preempted from its reach, and that the court should extend that relief to card networks and others involved in the payment process.
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October 22, 2025
Trump's Takeover Of Calif. Guard 'Unreviewable,' 9th Circ. Told
A U.S. Department of Justice attorney told the Ninth Circuit on Wednesday that President Donald Trump's federalization of the California National Guard in June is "unreviewable" by the courts, while an attorney for California said the president's order is reviewable and far exceeded his statutory authority.
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October 22, 2025
US Hits Russian Oil Cos. With Sanctions Over Ukraine War
The U.S. Department of the Treasury imposed sanctions targeting Russia's two biggest oil companies Wednesday, citing Russian President Vladimir Putin's "lack of serious commitment to a peace process" to end the war in Ukraine.
Expert Analysis
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Unpacking The New Opportunity Zone Tax Incentive Program
The One Big Beautiful Bill Act brought several improvements to the opportunity zone tax incentive program that should boost investments in qualified funds, including making it permanent, increasing federal income tax benefits in rural areas, redesignating the qualified zones, and requiring more in-depth reporting, says Marc Schultz at Snell & Wilmer.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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What New CFPB Oversight Limits Would Mean For 4 Markets
As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.
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MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't
As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.
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Navigating Brazil's Regulations, Incentives For Green Projects
Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Potential Paths To Modernizing The Bank Secrecy Act
The Bank Secrecy Act's analog design has become increasingly incompatible with today's digital financial ecosystem, but legislative reforms, coupled with regulatory adjustments including updated thresholds, feedback mechanisms and innovation sandboxes, would help adjust the act to the unique challenges of modern technology, says Matthew Biben at King & Spalding.
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Definitions Of 'Waters Of The United States' Ebb And Flow
The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.
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Trump Tax Law's Most Impactful Energy Changes
The One Big Beautiful Bill Act's deferral of begin-construction deadlines and the phaseout of certain energy tax credits will provide emerging technologies with welcome breathing room, though other changes, like the increased credit rate for sustainable aviation fuel, create challenges for developers, say attorneys at Weil.
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Texas Property Law Complicates Financing And Development
A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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Data Undermines USPTO's 'Settled Expectations' Doctrine
An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.
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Drafting M&A Docs After Delaware Corp. Law Amendments
Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.