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Public Policy
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October 07, 2025
DC, 18 States Back Campaign Spending Caps At High Court
The District of Columbia and 18 states urged the U.S. Supreme Court on Monday not to lift caps on the amount political parties may spend in coordination with candidates for federal office, saying state-level campaign finance regulations could be destabilized.
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October 07, 2025
Quiet Down! Calif. Law Targets Loud Streaming Platform Ads
California enacted a new law Monday requiring video streaming services such as Netflix and Hulu to curb the volume on television commercials, making it the first state to issue regulations on commercial noise for streaming services.
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October 07, 2025
FAA Drone Rule Draws Over 1M Comments As Public Weighs In
Complex safety certification, technological and other security requirements are among the issues that U.S. regulators must still iron out before a long-awaited new rule allowing drones to fly beyond the sight line of their operators can truly take off, according to drone companies, aviation and other industry groups.
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October 07, 2025
Drug Tax Outdoes Biblical Punishment, 5th Circ. Judge Says
A Fifth Circuit panel pressed the U.S. Department of Health and Human Services to justify the basis for the Medicare drug pricing program's steep excise tax, asking Tuesday whether the government had ever levied a higher tax in the nation's history.
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October 07, 2025
9th Circ. Rejects 'Kitchen Sink' Challenge To Vaccine Mandate
A Ninth Circuit panel on Monday upheld a lower court's rejection of a lawsuit brought by dozens of former employees of a nonprofit healthcare system who claimed Washington state's requirement that healthcare workers be vaccinated against COVID-19 violated their statutory and constitutional rights.
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October 07, 2025
Colo. Panel Weighs School's Liability In 2019 Shooting
Colorado appellate judges on Tuesday asked attorneys representing the parents of a student who was killed during a school shooting and the school itself how to interpret a state law that allows schools to be held liable for school shootings.
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October 07, 2025
AGs Rip DOJ Bid To Pause Planned Parenthood Funding Suit
The U.S. Department of Justice wants to use the ongoing government shutdown as a "shield" to stop a group of states from seeking an injunction against a halt to Medicaid funding for Planned Parenthood, the states told a Massachusetts federal judge in opposing a possible pause on their lawsuit.
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October 07, 2025
Camp Lejeune Litigation Goes On Despite Gov't Shutdown
The consolidated litigation over water contamination at the Camp Lejeune military base will not pause during the federal government shutdown, a North Carolina federal judge ruled, saying that such a halt, for an unknown length, would cause "severe disruptions" in the case and for the "ailing and older" plaintiffs.
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October 07, 2025
Senate Confirms 2 DOJ Nominees, 16 US Attys
The U.S. Senate voted 51-47 Tuesday, along party lines, to confirm a slew of nominees for the U.S. Department of Justice.
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October 07, 2025
Lawmakers, States Back Tribes In Supreme Court Voting Case
A bipartisan group of 10 current and former members of Congress and 22 states have supported two North Dakota tribes in their U.S. Supreme Court bid to overturn an Eighth Circuit order that prohibits suits against states for violating Section 2 of the Voting Rights Act.
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October 07, 2025
EMS Workers Tell 4th Circ. NC County Owes Them Wages
Emergency medical services workers argued that a North Carolina county created a "mathematical impossibility" when it calculated their wages, urging the Fourth Circuit to flip a federal court's ruling that the county didn't owe them anything despite having violated federal law.
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October 07, 2025
Senate Confirms FERC Republican Nominees
The U.S. Senate on Tuesday confirmed President Donald Trump's picks to fill Republican slots on the Federal Energy Regulatory Commission, giving the GOP a 3-2 majority at the agency.
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October 07, 2025
Okla. Judge Cites McGirt Ruling For 200% Caseload Surge
An Oklahoma federal judge chided a group of tribal plaintiffs in a dispute over jurisdiction in Indian Country after they inquired about the status of their summary judgment motions, saying a landmark 2020 Supreme Court ruling has increased the court's criminal caseload by 200%.
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October 07, 2025
Apple Seeks To Toss IPhone, Watch Buyers' Antitrust Suits
Apple has asked a New Jersey federal court to toss multidistrict antitrust litigation brought by iPhone and Apple Watch buyers, arguing that while they "try in vain to invent" theories about how Apple charges monopoly prices the inflation-adjusted price of the latest iPhone is nearly the same as the first model.
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October 07, 2025
Justices Probe Standard Of Care In 'Conversion Therapy' Case
The U.S. Supreme Court on Tuesday wrestled with whether gay "conversion" therapy banned by a Colorado law is a medical treatment that falls outside the accepted standard of care, or whether it's protected First Amendment speech.
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October 07, 2025
Cruise Cos. Say Tax Injunction Act Doesn't Bar Hawaii Suit
A group of cruise companies should be allowed to proceed with their complaint against the state of Hawaii for an extension of a transient occupancy tax to cruise passengers, the companies told a federal district court, saying the Tax Injunction Act doesn't bar the complaint.
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October 07, 2025
2nd Circ. Rules Inmates Not Entitled To Specific Gender Care
A Second Circuit panel has overturned a transgender inmate's partial win in a lawsuit against prison officials in Connecticut over allegedly inadequate gender dysphoria treatment, holding that the defendants are entitled to qualified immunity and that "inmates have no clearly established right to be treated by gender-dysphoria specialists" or receive specific treatments for the condition.
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October 07, 2025
Gov't, Gun Defendant Urge Justices Not To 'Double-Punish'
The government and a New York man convicted in a fatal robbery both asked the U.S. Supreme Court on Tuesday to rule that subjecting defendants to separate sentences stemming from a single deadly federal firearm offense is a double-jeopardy violation.
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October 07, 2025
Senate Confirms Boyden Gray Atty As Trump's Labor Solicitor
The Senate confirmed on Tuesday a Boyden Gray PLLC managing partner as President Donald Trump's nominee for labor solicitor, the third-highest-ranking position at the U.S. Department of Labor.
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October 07, 2025
Senate Confirms Trump's Pick For EEOC, Restoring Quorum
The Senate voted along party lines Tuesday to confirm an assistant U.S. attorney to serve on the U.S. Equal Employment Opportunity Commission, restoring the agency to its full decision-making capacity after months without a quorum.
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October 07, 2025
Senate Confirms Trump's Wage Chief Pick
The U.S. Senate confirmed President Donald Trump's nominee to lead the U.S. Department of Labor's Wage and Hour Division on Tuesday.
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October 07, 2025
Judge Concerned As Feds Keep Immigration Atty's Phone Data
A federal prosecutor told a Massachusetts judge on Tuesday that the government has returned a phone it seized from an immigration lawyer but does not intend to delete data it pulled from the device, prompting the court to raise concerns that the information could be used to identify and arrest immigrants.
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October 07, 2025
Approach The Bench: Judge Kaplan On Suit Against The Gov't
U.S. Court of Federal Claims Judge Elaine Kaplan's docket doesn't always garner attention in the same way trial court cases do, but that may change as the executive branch makes sweeping budget and policy changes that could lend more political significance to monetary claims against the government.
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October 07, 2025
Planners Should Be Tariffed As Calendars, Fed. Circ. Told
Weekly planners sold by a California calendar company are advertised for their calendars and should be considered such for tariff purposes, counsel for the business told Federal Circuit judges Tuesday, arguing the lower court and government incorrectly classified them as a type of notebook.
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October 07, 2025
La. Challenges Mail-Order Access To Abortion Medication
The state of Louisiana on Monday sued federal regulators for expanding access to the abortion medication mifepristone under the Biden administration, alleging the removal of an in-person dispensing requirement allows the drug to be mailed illegally into anti-abortion states.
Expert Analysis
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
PFAS Reg Reversal Defies Water Statute, Increasing Risks
The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.
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FTC Focus: Surprising Ways Meador And Khan Sound Alike
Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.
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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.