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Public Policy
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October 21, 2025
Afghan Allies Sue After Families Barred From Entry Into US
Multiple Afghans who fought for the United States claim a Trump administration proclamation has kept their families in Afghanistan, saying in a Tuesday complaint that the administration's blanket denial of asylum for their families puts them at risk of persecution.
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October 21, 2025
NTSB Member Urges DC Court To Nix Trump's 'Illegal' Firing
A National Safety Transportation Board member challenging his firing in May by President Donald Trump is urging a D.C. federal court to reinstate him, saying the board's removal protections are constitutional.
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October 21, 2025
Shutdown Won't Pause Suit Over Migrant Parole Terminations
A Massachusetts federal judge on Tuesday denied the government's request to stay proceedings in a proposed class action brought on behalf of nearly a million migrants that alleges their legal status was illegally ended by the Trump administration via an app.
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October 21, 2025
ISPs Put Almost $90B Into Networks Last Year, Report Says
Internet service providers are putting their money where their mouth is when it comes to investing in infrastructure, according to an industry lobbying group, which recently released a report finding that ISPs poured nearly $90 billion into broadband infrastructure last year.
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October 21, 2025
Groups Want Full DC Circ. To Review Emergency Air Rule
Environmental groups are asking the full D.C. Circuit to review a panel decision to restore air pollution-emitting facilities' right to defend themselves against alleged violations of the Clean Air Act by blaming emergency circumstances.
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October 21, 2025
Mich. Court Denies Gov't's Foreclosure Suit Atty Fee Bid
A Michigan appellate panel on Monday determined governments that foreclose on tax-delinquent properties aren't entitled to attorney fees and expenses racked up during litigation over how the surplus proceeds of the property sale are paid out.
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October 21, 2025
NTIA Looks To Surpass Budget Law's FCC Auction Target
A top U.S. Department of Commerce official said the nation's spectrum management agency is aiming to go even further than Congress' mandate to identify 500 megahertz of spectrum for private auction under this year's budget reconciliation bill.
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October 21, 2025
Third Tribe Signs Deal To Open Cannabis Shops In Minnesota
Minnesota has signed a compact with the Prairie Island Indian Community to allow the federally recognized tribe to issue licenses for eight cannabis retailers outside its reservation along with licenses to grow and manufacture the plant, the third such deal the state has made with a tribe.
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October 21, 2025
NY Appeals Ruling That Nuke Discharge Law Is Preempted
The state of New York has asked the Second Circuit to overturn a federal judge's ruling that found a state law barring the release of radioactive materials into the Hudson River was federally preempted.
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October 21, 2025
Partnership Deadline To Dispute IRS Is Fixed, Tax Court Says
A deadline to petition the U.S. Tax Court to challenge IRS adjustments to partnership returns is effectively fixed and cannot be extended, the court said Tuesday in a reviewed decision that denied an Alabama LLC's late bid to restore a $46 million deduction for donating to charity.
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October 21, 2025
Texas AG Wants Out Of Suit Over Ban On Sanctuary Cities
The Texas attorney general said Monday he would appeal to the Fifth Circuit a district court decision that left him alone defending a suit challenging a state law prohibiting local officials from limiting cooperation with federal immigration enforcement.
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October 21, 2025
Cities Sue Trump Admin Over DEI Conditions For Grant Funds
The city of Chicago and eight other local governments sued the Trump administration in Illinois federal court Monday, claiming the U.S. Department of Homeland Security has imposed unlawful conditions on federal grants that help them respond to disasters, including a requirement that they agree not to operate diversity, equity and inclusion programs.
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October 21, 2025
New York's Highest Court Demands Bail Denial Explanation
New York's highest court said a Queens trial court wrongly failed to explain why a man charged with promoting and possessing child pornography was denied bail, reversing an appeals court's dismissal of his habeas petition Tuesday.
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October 21, 2025
CFTC's Pham Expects Spot Crypto Trading By End Of Year
Acting U.S. Commodity Futures Trading Commission Chairman Caroline Pham said Tuesday the agency is moving quickly to implement the White House's recommendations for enabling digital asset trading and innovation, with listed spot crypto trading expected to go live this year.
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October 21, 2025
NY Courts Can't Shield Memos To State Judges
The New York State Office of Court Administration may have to finally turn over a batch of "secret memos" that instruct state judges on how to interpret the law, the state's highest court ruled Tuesday.
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October 21, 2025
Feds, Enviros Clash Over Bid To Pause Climate Panel Suit
The Trump administration has urged a federal judge to pause a lawsuit challenging its formation of a climate change science advisory panel while the federal government is shut down, a move opposed by the environmental groups behind the suit.
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October 21, 2025
FCC Urged To Rescind Pulling Of Equipment Testing Labs
Several entities linked to China urged the Federal Communications Commission to reconsider pulling their authorizations to run equipment testing labs in the U.S.
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October 21, 2025
Mich. AG Can Step Into Fire Insurance Policy Challenge
The Michigan attorney general can intervene in a dispute over the constitutionality of the state's Fire Insurance Withholding Program, which allows participating municipalities to withhold part of a property owner's insurance payout until fire-damaged property is repaired, a federal court ruled.
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October 21, 2025
DC Circ. Won't Pause La. LNG Terminal OK Amid FERC Fight
The D.C. Circuit has refused to pause the Federal Energy Regulatory Commission's approval of a massive liquefied natural gas export terminal in Louisiana while environmental groups and fishermen challenge the decision.
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October 21, 2025
Chamber Survey Says Overhaul Doubled Merger Filing Burden
The U.S. Chamber of Commerce on Monday released the results of a small survey indicating that an overhaul of U.S. merger notification requirements, which it's challenging in court, has created a dramatic increase in the time spent by outside counsel and the costs associated with preparing transaction paperwork.
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October 21, 2025
Pa. Senators Advance Bipartisan Cannabis Regulatory Bill
A Pennsylvania state Senate committee on Tuesday advanced a bill to create a new regulatory agency to oversee the state's medical marijuana program and market for hemp products.
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October 21, 2025
2 Calif. Tribes Seek Early Win Against OK'd Casino Project
Two California Native American tribes and an environmental nonprofit are seeking a summary judgment win in their suit accusing the federal government of improperly approving another California tribe's casino project that they say hasn't been properly assessed for environmental impact.
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October 21, 2025
Supreme Court Medina Ruling Erodes Public Health Networks
Healthcare advocates in more than a dozen states are bracing for Planned Parenthood's ouster from public benefit programs after a U.S. Supreme Court decision in June.
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October 21, 2025
Senate Confirms Fed. Judges For Florida And Alabama
The U.S. Senate voted on Tuesday to confirm Judge Anne-Leigh Gaylord Moe of the Florida Second District Court of Appeal to serve on the Middle District of Florida, along with Harold D. Mooty III, a partner at Bradley Arant Boult Cummings LLP, to the Northern District of Alabama.
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October 20, 2025
USCIS Guidance Gives Scope Of New $100K H-1B Fee
The $100,000 fee requirement for H-1B visas that took effect last month applies to new H-1B petitions filed on behalf of applicants who are outside the United States, U.S. Citizenship and Immigration Services said Monday.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Cybersecurity Rule For DOD Contractors Creates New Risks
A rule locking in the Cybersecurity Maturity Model Certification system for defense contractors increases False Claims Act and criminal enforcement risks by narrowing a key exemption and mandating affirmations of past compliance, which may discourage new companies from entering the defense contracting market, say attorneys at Haynes Boone.
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Compliance Steps To Take As FCRA Enforcement Widens
As the Fair Credit Reporting Act receives renewed focus from both federal and state enforcers, regulatory and litigation risk is most acute in several core areas, which companies can address by implementing purpose processes and quick remediation of consumer complaints, among other steps, say attorneys at Wiley.
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What EPA's Continued Defense Of PFAS Rule Means For Cos.
The U.S. Environmental Protection Agency's recent decision to continue defending a Biden-era rule designating two per- and polyfluoroalkyl substances as Superfund hazards may provide the EPA with significant authority over national PFAS cleanup policy — and spur further litigation by both government and private parties, say attorneys at Morgan Lewis.
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6 Shifts In Trump Tax Law May Lend A Hand To M&A Strategy
Changes in the Trump administration's recent One Big Beautiful Bill Act stand to create a more favorable environment for mergers and acquisitions, including full bonus depreciation and an expanded code section, say attorneys at K&L Gates.
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Trends In Post-Grant Practice Since USPTO Denial Guidance
Six months after the U.S. Patent and Trademark Office updated its guidance on discretionary denial of inter partes review and post-grant review, noteworthy trends in denial statistics have emerged, warranting a reassessment of strategies for parallel proceedings, says Andrew Ramos at Bayes.
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Examining The Quietest EEOC Enforcement Year In A Decade
The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.
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Transource Ruling Affirms FERC's Grid Planning Authority
The Third Circuit's recent decision in Transource Pennsylvania v. DeFrank, reversing a state agency's denial of an electric transmission facility permit, provides a check on states' ability to veto needed power projects, and is a resounding endorsement of the Federal Energy Regulatory Commission's regional transmission planning authority, say attorneys at Wilson Sonsini.
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Assessing The Future Of The HIPAA Reproductive Health Rule
In light of a Texas federal court's recent decision to strike down a U.S. Department of Health and Human Services rule aimed to protect the privacy of patients seeking abortions and gender-affirming care, entities are at least temporarily relieved from compliance obligations, but tensions are likely to continue for the foreseeable future, says Liz Heddleston at Wood Rogers.
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State Paid Leave Laws Are Changing Employer Obligations
A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.
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How Crypto Embrace Will Affect Banks And Credit Unions
The second Trump administration has moved aggressively to promote crypto-friendly reforms and initiatives, and as the embrace of stablecoins and distributed ledger technology grows, community banks and credit unions should think strategically as to how they might use these innovations to best serve their customers, says Jay Spruill at Woods Rogers.
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In NY, Long COVID (Tolling) Still Applies
A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.
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Navigating The SEC's Evolving Foreign Private Issuer Regime
As the U.S. Securities and Exchange Commission reevaluates foreign private issuer eligibility, FPIs face not only incremental compliance costs but also a potential reshaping of listing strategies, capital access, enforcement exposure and global regulatory coordination, potential unintended effects that deserve further exploration, say attorneys at Simpson Thacher.
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New Conn. Real Estate Laws Will Reshape Housing Landscape
With new legislation tackling Connecticut's real estate landscape, introducing critical new requirements and legal ambiguities that demand careful interpretation, legal counsel will have to navigate a significantly altered and more complex regulatory environment, say attorneys at Harris Beach.
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USPTO Under Squires: A Look At The First Month
New U.S. Patent and Trademark Office Director John Squires' opening acts — substantive and symbolic — signal a posture that is more welcoming to technological improvements and focused on rebalancing the office's gatekeeping role, say attorneys at Seyfarth.
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Iran Sanctions Snapback Raises Global Compliance Risks
The reimplementation of U.N. sanctions targeting Iran’s nuclear program, under a Security Council resolution's snapback mechanism, and related actions in Europe and the U.K., may change U.S. due diligence expectations and enforcement policies, particularly as they apply to non-U.S. businesses that do business with Iran, says John Sandage at Berliner Corcoran.