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Public Policy
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October 28, 2025
Siletz Tribe Urges High Court To Reject Chinook Recognition
The Confederated Tribes of Siletz Indians is urging the U.S. Supreme Court to deny a fellow Oregon tribe's petition, saying that if the justices reverse a Ninth Circuit decision on federal recognition, it would have severe adverse consequences for its legal status and rights.
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October 28, 2025
US Partners With Westinghouse For $80B Nuke Plant Buildout
The Trump administration on Tuesday announced it will partner with nuclear technology manufacturer Westinghouse Electric Co. to build at least $80 billion worth of new reactors in the U.S. to support and accelerate the development of data centers and artificial intelligence.
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October 28, 2025
Del. Gives Nod To OpenAI Public Benefit Corp. Restructuring
Artificial intelligence giant OpenAI reported Tuesday that it will convert its Delaware-chartered LLC into a public benefit corporation in the same state after months of wide-ranging negotiations with civic and industry leaders and state justice officials in Delaware and California.
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October 28, 2025
NY, Green Orgs. Say Feds Can't Block Climate Superfund Law
The state of New York and a group of environmental organizations on Tuesday pushed back on the federal government's motion for summary judgment in a suit challenging the state's new Superfund law, saying the court should reject the U.S. Environmental Protection Agency's argument that New York's law is preempted.
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October 28, 2025
Texas Accuses Tylenol Makers Of Hiding Autism Danger
The Texas Attorney General's Office on Tuesday sued the makers of Tylenol, alleging they hid the risk that the drug could lead to autism while marketing acetaminophen as the safest pain relief option for pregnant women and young children.
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October 28, 2025
Mass. Bar Reprimands Ex-US Atty Rollins Over Leak, Texts
A divided panel of state bar regulators voted to publicly reprimand former Massachusetts U.S. Attorney Rachael Rollins for leaking confidential material about an investigation to a reporter and then trying to deflect suspicion in a deceptive message to subordinates, a lawyer for Rollins confirmed Tuesday.
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October 28, 2025
Trump Appeals 'Unprecedented' NY Criminal Conviction
President Donald Trump appealed his New York criminal conviction for falsifying business records, arguing the charges were defective, the jury was improperly instructed, the judge was biased and that he was immune from prosecution.
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October 28, 2025
Pa. Justice Donohue Has Shaped Voting, Environmental Law
Pennsylvania Supreme Court Justice Christine Donohue, one of three Democrats on the bench hoping to be retained, has authored some of the court's more liberal-leaning interpretations of election law, abortion rights and environmental issues.
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October 28, 2025
Google Liable Again As DOJ's Ad Tech Win Extends To MDL
A New York federal judge held Google liable Tuesday for illegally monopolizing its advertising placement technology business, dramatically narrowing the scope of the multidistrict litigation from website publishers, advertisers and others by locking the technology giant into the Justice Department's win in a separate Virginia federal court case.
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October 27, 2025
Whistleblower 'Horrified' By Novo Nordisk Drug Sales Tactics
The whistleblower behind a federal lawsuit accusing Novo Nordisk of paying kickbacks to doctors and patients as part of a scheme to drive sales of its hemophilia drug NovoSeven took the witness stand Monday, telling jurors she was "horrified" at how the drugmaker's marketing team targeted doctors.
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October 27, 2025
Oregon Tribes, Feds Settle With Cos. In Pollution Dispute
A federal judge has granted a motion by the U.S. government and Oregon as well as a number of tribes seeking approval of two settlement agreements that would resolve their Superfund lawsuit against a slew of companies that allegedly polluted the Willamette River.
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October 27, 2025
NC High Court Snapshot: Class Decertification Bids Abound
The North Carolina Supreme Court will kick off its October term with arguments by two airplane parts manufacturers seeking to revive their appeal in a failure-to-warn suit brought by the estates of victims killed in a Georgia plane crash.
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October 27, 2025
AGs Push Congress To Close Intoxicating Hemp Loophole
Attorneys general from 39 states and U.S. territories are urging Congress to quash the intoxicating hemp products market which they say lawmakers inadvertently created through the 2018 Farm Bill, saying the "laudable legalization of commercial hemp" must be salvaged during the 2026 appropriations process.
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October 27, 2025
Kalshi Sues NY Regulator Over Cease-And-Desist Letter
Trading platform Kalshi on Monday accused the New York State Gaming Commission of intruding into the federal government's regulatory authority over derivatives trading, in a lawsuit following a cease-and-desist letter it received from the state regulator for allegedly illegal sports wagering.
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October 27, 2025
Senate Confirms 7th Circ., Alabama Judicial Picks
The U.S. Senate voted on Monday to confirm Rebecca Taibleson, a federal prosecutor in Wisconsin, to the Seventh Circuit, and Justice Bill Lewis of the Alabama Supreme Court to the Middle District of Alabama.
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October 27, 2025
Dems Say $6.2B Nexstar-Tegna Deal Breaches Ownership Cap
Nexstar's $6.2 billion plan to merge with rival broadcast company Tegna will create a behemoth that will breach the FCC's national ownership cap that limits how many stations any one company can own in a given market, say two federal lawmakers from Colorado.
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October 27, 2025
Gov't Says It Won't Defy Order Not To Deport Ábrego García
Kilmar Ábrego García won't be deported to Liberia unless the Maryland federal judge who blocked his deportation lifts the order, an attorney for the Trump administration assured the court Monday, despite the government previously saying he could be sent there as soon as Friday.
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October 27, 2025
Trump Taps Ex-Willkie Atty For 2nd Shot At Filling CFTC Chair
President Donald Trump has chosen a former Willkie Farr & Gallagher LLP partner and top attorney on the U.S. Securities and Exchange Commission's cryptocurrency task force to head the U.S. Commodity Futures Trading Commission, tapping the crypto industry advocate to lead an agency struggling with a leadership void.
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October 27, 2025
CFPB Says States Can't Enact Medical Debt Reporting Bans
The Consumer Financial Protection Bureau said Monday that it now believes federal law blocks efforts by states to ban medical debt from credit reports or enact most other credit reporting rules of their own, breaking sharply from its Biden-era stance on the topic.
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October 27, 2025
Judge To Decide If Trump's Jan. 6 Docs Stay Confidential
A D.C. federal judge will review a trove of documents containing communications between officials from the first Trump administration and attorneys for his 2020 campaign to decide whether they can be kept from discovery in a lawsuit over the Jan. 6, 2021, attack on the U.S. Capitol.
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October 27, 2025
Delta, Aeromexico Ask 11th Circ. To Halt Feds' JV Split Order
Delta Air Lines and Aeromexico have asked the Eleventh Circuit to freeze a Trump administration order directing them to scuttle their joint venture by Jan. 1, saying their legal challenge should first run its course and that unwinding their complex networks would be "tremendously burdensome."
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October 27, 2025
5th Circ. Presses Texas County Over Redistricting Plan
A Fifth Circuit panel pushed a Texas county to explain how a politician's comment that Black people tend to vote for Democrats should weigh on whether a redistricting plan disenfranchises minority voters, asking Monday whether the county acknowledges that race played a factor in the redistricting.
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October 27, 2025
More Action Needed On Upper Microwave Bands, FCC Told
The Federal Communications Commission needs to consider a total overhaul of spectrum rules in the upper microwave bands to help the U.S. satellite industry thrive, a California space venture told the FCC.
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October 27, 2025
PTAB Judges Alarmed By Squires' Moves To Limit Their Role
With U.S. Patent and Trademark Office leadership limiting the Patent Trial and Appeal Board's oversight of patent validity disputes, current judges for the tribunal say they are distressed by the recent moves to curb their role and are looking for work elsewhere amid the instability.
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October 27, 2025
Former Pandemic Watchdog Named Interim US Atty In Pa.
Amid the ongoing furlough of U.S. Department of Justice employees, the U.S. Attorney's Office for the Middle District of Pennsylvania has announced the interim appointment of Brian D. Miller, former inspector general for pandemic recovery, as U.S. attorney, effective on Monday.
Expert Analysis
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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How New Texas Law Targets ESG Proxy Advice
A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.
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8 Compliance Team Strategies To Support Business Agility
Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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Annual Report Shows CFIUS Extending Its Reach In 2024
The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.
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Trump Tax Law's Most Impactful Corp. And Individual Changes
The One Big Beautiful Bill Act built on and reshaped elements of the Tax Cuts and Jobs Act, including business interest deductions, bonus depreciation and personal income relief, delivering substantial changes to both corporate and individual tax policy, say attorneys at Weil.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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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.