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Public Policy
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October 28, 2025
Attys In State Cannabis Bulletin Dispute Spar Over Injunction
The owners of a Colorado cannabis company asked a state judge Tuesday to issue a preliminary injunction to prohibit state marijuana regulators from enforcing an industry bulletin claiming the company and its owners are illegally conducting business without a license.
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October 28, 2025
Tech-Backed Group Wants DOJ's Help In AI Copyright Cases
An organization backed by major technology companies has told the Trump administration that developers of generative large language models need a rescue from copyright infringement cases against them, urging the U.S. Department of Justice to intervene.
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October 28, 2025
Democrats Press Treasury, DOJ On Binance Founder's Pardon
Senate Democrats pressed leaders of the U.S. Department of the Treasury and the U.S. Department of Justice on how President Donald Trump's recent pardon of Binance founder Changpeng Zhao affects their ability to "hold criminals accountable," arguing in a Tuesday letter that the clemency came after a deal that "enriched" the president.
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October 28, 2025
5 Federal Circuit Clashes To Watch In November
The Federal Circuit's argument calendar for November includes a challenge to an Idaho state law aimed at hindering "patent trolls," and a bid to revive a $40 million jury verdict against Shopify that a judge discarded, citing "unclear" testimony from the patent owner's expert.
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October 28, 2025
Treasury Urged To Embrace Tech In Crypto Compliance Push
Cryptocurrency advocates and bank trade groups both urged the U.S. Department of the Treasury to issue guidance that will enable them to use novel technologies to keep up with illicit finance threats in digital asset markets, although banks cautioned the regulator to keep institutions and crypto upstarts on equal footing when it comes to burdens to fight money laundering.
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October 28, 2025
Judge Blasts 'Messy' Bid To Halt DHS Voter System Changes
A D.C. federal judge Tuesday torched emergency filings seeking to reverse recent changes to the U.S. Department of Homeland Security's Systematic Alien Verification for Entitlements system, calling the documents "difficult to understand" and "messy," and signaling that she likely won't grant an emergency injunction ahead of state elections next week.
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October 28, 2025
CFPB Calls Off Nonbank 'Fine Print,' Enforcement Registries
The Consumer Financial Protection Bureau on Tuesday continued its rollback of Biden-era policies, finalizing the closure of its nonbank enforcement registry and formally scrapping a plan to track financial firms' use of liability waivers and other "fine print" contract terms.
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October 28, 2025
New Frank's Landing Council Asks To Halt State Court Actions
Newly appointed council members of a self-governing dependent Native American community, who sued a Washington court clerk to stop her from asserting jurisdiction in an underlying lawsuit about supervision of a school in Indian Country, asked a federal judge to order her to cease performing ministerial duties for now.
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October 28, 2025
Former NATO Adviser Heads To UN For Legal Affairs Role
A former legal adviser at the North Atlantic Treaty Organization has been appointed to serve the United States in the position of assistant secretary-general for legal affairs at the United Nations.
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October 28, 2025
Gov't Must Avoid Overlapping AI Regs, Trade Group Says
The White House needs to pursue an "integrated national strategy" when it comes to artificial intelligence so that regulations and requirements don't end up overlapping, according to a broadband trade group.
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October 28, 2025
NPR Says Its Grant Funds Should Be Frozen, Not Spent
The Corporation for Public Broadcasting threw NPR under the bus and snatched its funding back to appease the president and save its own neck, and it should be blocked from spending that money until NPR's legal challenge has played out, the news outlet told a court.
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October 28, 2025
Trump Admin Ordered To Halt Some Shutdown-Linked Layoffs
A California federal judge on Tuesday granted a preliminary injunction to eight unions for federal workers who lost their jobs during the government shutdown, saying they were likely to succeed on their claims that the Trump administration's actions were "political retribution" and unlawful.
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October 28, 2025
Wash. Justices Open To Meta's Political Ad Law Challenge
The Washington Supreme Court appeared receptive Tuesday to Facebook parent company Meta's appeal of a $35 million judgment in a case over political advertising disclosure violations, with at least two justices emphasizing the purported burden the state's requirements impose on digital platforms.
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October 28, 2025
Activists Drop Challenge To FDA Inaction On Menthol Cigs
A lawsuit accusing the U.S. Food and Drug Administration of slow-walking the Biden administration's proposed ban of menthol cigarettes was voluntarily dismissed, months after the Trump administration withdrew the ban entirely.
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October 28, 2025
Jushi Sues Doordash, Beverage Sellers Over Hemp Products
A medical marijuana company owned by cannabis giant Jushi Holdings has sued delivery company DoorDash and beverage industry players, alleging they colluded to sell intoxicating hemp products that mirror marijuana's effects.
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October 28, 2025
FCC Floats Rules To Streamline Space Biz Licensing
The Federal Communications Commission on Tuesday proposed expediting space and earth station licensing rules and starting a spectrum rework in six upper microwave bands.
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October 28, 2025
FCC Aims To Chop Several Broadband 'Nutrition' Label Regs
Republicans on the Federal Communications Commission proposed Tuesday to jettison multiple Democrat-imposed requirements on internet service providers that were meant to give shoppers more information about the prices and data speeds of broadband plans.
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October 28, 2025
Green Groups Ask DC Circ. To Revive Climate Grant Class Suit
Green groups and local governments are asking the D.C. Circuit to revive their now-dismissed proposed class action accusing the Trump administration of illegally terminating a $3 billion environmental justice block grant program.
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October 28, 2025
Curaleaf Asks For Quick Action On NJ Pot Shop Union Rule
Cannabis giant Curaleaf's ability to operate in New Jersey could be in jeopardy by the end of the week, it told a federal judge Tuesday when seeking an expedited hearing on its motion to block the state's cannabis regulator from requiring the company to adopt labor peace agreements with unions.
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October 28, 2025
FCC Raises Prison Phone Rate Caps, Scrapping Dems' Effort
The Federal Communications Commission Tuesday revamped the rate cap structure for jail and prison phone calls, allowing providers to charge higher per-minute rates and wiping out a Democratic rule that addressed the same issue a year ago.
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October 28, 2025
NM Appeals Court Tosses Challenge To Santa Fe Mansion Tax
New Mexico real estate agents who contend that Santa Fe's recently adopted 3% tax on home sales over a million dollars is unlawful don't have standing to challenge the ordinance, a state appeals court said in a dismissal.
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October 28, 2025
Ill. Judge Orders Daily Appearances From Border Patrol Chief
An Illinois federal judge has ordered a top Border Patrol official overseeing the Trump administration's immigration enforcement surge in Chicago to appear before her every weekday ahead of a Nov. 5 preliminary injunction hearing and to wear a body camera, after she questioned him on the stand Tuesday about his agency's recent uses of force.
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October 28, 2025
Colo. Appellate Panel Backs Order To Donate Pre-Embryos
Colorado appellate judges have upheld a state trial court finding that a nonmarried couple must donate their cryogenically preserved pre-embryos that were created before the dissolution of their relationship.
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October 28, 2025
Raleigh Urges NC Justices To Stop 'Windfall' For Developers
Without reversal of a trial court's class certification order, a lawsuit seeking refunds for fees levied to hook up to Raleigh's water and sewer system will result in duplicative "windfall" payments and spinoff litigation, the North Carolina Supreme Court was told Tuesday.
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October 28, 2025
Full 5th Circ. To Rehear West Texas A&M Drag Ban Case
The full Fifth Circuit has agreed to rehear an LGBTQ+ student organization's challenge to the West Texas A&M University's ban on campus drag shows, after a split panel in August tossed a decision allowing the university to continue its ban.
Expert Analysis
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Trump Tax Law's Most Consequential International Changes
The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How 6th Circ. Ruling Deepens Split On Broker Liability
A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.
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How The Genius Act May Aid In Fight Against 'Pig Butchering'
The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Opinion
Congressional Bid Protest Concerns Lack Evidence
The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Adapting To USPTO's Tighter Inter Partes Review Rules
The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.