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Public Policy
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October 31, 2025
Reps Pan Plans To Pull Troops, Test Nuclear Weapons
Republican and Democratic lawmakers in Congress urged the Trump administration to rethink decisions to pull some troops from Europe and restart nuclear weapons tests, with some calling them dangerous and uncoordinated moves.
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October 31, 2025
Community 'Anchors' Set Sights On More Connectivity Funds
Advocates for school, library and healthcare connectivity said Friday they're optimistic about their public policy goals and, despite a few recent setbacks, are focused on making sure broadband funding continues to go toward community "anchors."
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October 31, 2025
Seattle Wins Injunction Against Trump's Anti-DEI Grant Terms
A Washington federal judge shielded Seattle on Friday from a pair of Trump administration executive orders requiring federal grant recipients to cease diversity programming and refrain from using any of the money to "promote gender ideology," saying the city's legal challenge will likely succeed.
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October 31, 2025
Hawaii Judge Declares FDA's Mifepristone Regs Unlawful
The U.S. Food and Drug Administration failed to sufficiently justify restrictions on the abortion drug mifepristone, a Hawaii federal judge ruled in an order declaring the restrictions unlawful under the Administrative Procedure Act.
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October 31, 2025
Up Next At High Court: Tariffs, Fugitives & Contractor Liability
The U.S. Supreme Court will begin its November oral argument session Monday, during which the justices will consider President Donald Trump's authority to impose tariffs on foreign countries under an emergency statute, whether military contractors can be held liable for alleged breaches of contracts in war zones, and if there are time limits for litigants who want to vacate a void judgment. Here, Law360 breaks down the week's oral arguments.
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October 31, 2025
SEC Extends Fee Cap Compliance Dates After DC Circ. Ruling
The U.S. Securities and Exchange Commission on Friday extended the compliance deadlines for new rules that will cap the fees that exchanges can charge investors and allow exchanges to quote stock prices in half-penny increments after the D.C. Circuit rejected calls to overturn the rules.
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October 31, 2025
Gov't Owes $330K In Fees For NSF Funding Fight, Court Told
A higher education association seeks more than $330,000 in attorney fees and costs from the government after winning a ruling blocking the Trump administration from cutting certain National Science Foundation funding, according to a memorandum filed in Massachusetts federal court.
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October 31, 2025
Minn. Makes More Tribal Deals To Build 'Unique' Pot Market
Minnesota has signed its fifth compact with a federally recognized tribe, allowing each one to issue licenses for eight cannabis retailers outside their respective reservations, as well as licenses to grow and manufacture the plant, with the Fond du Lac Band of Lake Superior Chippewa and the Leech Lake Band of Ojibwe the latest to reach deals.
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October 31, 2025
Trump Admin Must Keep SNAP Running, Federal Judges Say
A Rhode Island federal judge Friday ordered the Trump administration to use contingency funds to sustain Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown, while a Boston federal judge gave the government until Monday to choose one of two paths to keep the program running to some degree.
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October 31, 2025
5th Circ. Rejects NLRB's New Remedies In Restaurant Case
The Fifth Circuit in a published opinion Friday rejected the National Labor Relations Board's new remedial framework, saying the agency overstepped by ordering a restaurant owner to compensate workers for the foreseeable losses they suffered after their illegal firings.
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October 31, 2025
7th Circ. Says Ill. Judge Can't Be 'Supervisor' Of CBP Official
The Seventh Circuit held Friday that an Illinois federal judge overstepped in requiring a top Border Patrol official leading the Trump administration's immigration enforcement surge in Chicago to appear before her every weekday ahead of a Nov. 5 preliminary injunction hearing, saying she put herself in the position of "an inquisitor rather than that of a neutral adjudicator."
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October 31, 2025
Sandisk Urges Fed. Circ. To Take On 'Settled Expectations'
Sandisk Technologies Inc. has again told the Federal Circuit that the U.S. Patent and Trademark Office's denial of patent reviews based on the owner's "settled expectations" violates the law, asserting it's "now or never" for court action, since most decisions will no longer be explained.
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October 31, 2025
Judges See An Immigration Court Gutted From Inside
Eight former immigration judges who spoke to Law360 say the rough treatment of the immigration courts in President Donald Trump's second term poses an unprecedented threat to judicial independence and is eroding immigrants' due process rights.
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October 31, 2025
Black Law Prof Wants High Court To Review Bias Suit Ruling
A Black University of Michigan Law School professor has asked the U.S. Supreme Court to revive a lawsuit claiming she was disciplined because she had complained about racial discrimination, arguing that a federal appeals panel was too credulous of a dean's version of events.
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October 31, 2025
1st Circ. Refuses To Transfer FCC Prison Phone Rate Case
The First Circuit declined Friday to move multidistrict litigation over prison phone rate caps to the Fifth Circuit, rejecting an argument from phone service providers.
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October 31, 2025
CFPB Union Sounds Alarm As Funding 'Approaches Zero'
The Consumer Financial Protection Bureau's employee union warned that the agency is on the verge of running out of money and called for its acting Director Russell Vought to immediately request additional funds from the Federal Reserve.
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October 31, 2025
PVC Pipe Makers Say Price 'Conspiracy' Is 'Basic Economics'
Polyvinyl chloride pipe manufacturers facing antitrust claims over 2020 price increases have told an Illinois federal judge the purchaser plaintiffs have failed to plausibly show there was a per se price-fixing conspiracy, so their suit should be dismissed.
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October 31, 2025
Ill. Judge Won't Stay Nationwide DEI Injunction For Appeal
An Illinois federal judge has refused to pause his order blocking a requirement for federal grant recipients to certify that they don't operate programs that violate President Donald Trump's executive orders targeting diversity, equity and inclusion initiatives, saying his ruling was in line with a recent Supreme Court decision advising courts to limit nationwide injunctions.
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October 31, 2025
NJ Lawmaker Introduces Bill To Ban Kratom Extract
A New Jersey state senator is looking to ban a kratom-derived compound, 7-hydroxymitragynine or 7-OH, which the U.S. Food and Drug Administration says should be highly restricted and is at the center of several proposed consumer class actions.
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October 31, 2025
Ed Dept. Pushing Millions Of Borrowers Into Default, Suit Says
The secretary of the U.S. Department of Education and three major credit bureaus were hit with a proposed class action in Georgia federal court for allegedly forcing millions of student loan borrowers into delinquency and default due to operational failures in loan servicing after the COVID-19 deferment period ended earlier this year.
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October 31, 2025
Federal Action Sought To Boost Low Earth Orbit Satellites
Federal officials need to update rules governing low Earth orbit satellites to allow the space-based communications industry to keep expanding at a time of rising congestion, according to a pair of think tanks.
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October 31, 2025
In The World Of Deepfake Porn, Tech Moves Faster Than Law
When a 14-year-old New Jersey student discovered her classmates had used an app to generate nude deepfakes of her and other girls, she and her mother confronted her high school and found no relevant law and little recourse for victims. What followed helped spark state legislation that pairs criminal penalties with civil remedies, part of a national reckoning over AI's misuse.
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October 31, 2025
Pot Initiative Sponsor Says Fla. Is Ignoring Bid For Ballot
The sponsor of a proposed ballot initiative to legalize cannabis in Florida sued the Florida secretary of state on Thursday to force him to submit the petition — which has surpassed the requirements for legal review — to the attorney general to proceed to the next step to getting it on the ballot.
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October 31, 2025
Steelworkers Back Offshore Wind Project Targeted By Trump
The United Steelworkers union is backing U.S. Wind's injunction motion to halt the federal government's reversal of approval of its wind farm off the coast of Maryland, telling a federal judge that the about-face jeopardizes over 500 permanent jobs and $1 billion in labor income over the next 20 years.
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October 31, 2025
Hemp Cos. Want Suit Against Okla. City, Cops Kept Alive
A pair of hemp companies have urged an Oklahoma federal judge not to dismiss claims against a city, its police department and police chief in connection with the seizure of a shipment the companies say was federally legal hemp.
Expert Analysis
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
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Key Insurance Coverage Considerations For AI Data Centers
The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.
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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.