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Public Policy
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November 10, 2025
FDIC Revamps Consumer Compliance Exam Frequency
The Federal Deposit Insurance Corp. has released new guidelines that feature lengthened consumer compliance exam cycles for well-rated community banks and new midpoint "risk analysis" reviews examiners will carry out in certain situations.
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November 10, 2025
Gov't Can Support Anti-Abortion Group In NJ Subpoena Fight
The U.S. Supreme Court on Monday granted Solicitor General D. John Sauer's request to file an amicus brief and participate in oral argument in an anti-abortion pregnancy center's bid to revive its challenge to a subpoena from the New Jersey attorney general demanding information about its donors.
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November 10, 2025
Ex-Mass. Judge Joins Todd & Weld After Fiery Resignation
A Massachusetts federal judge said Tuesday he would join Boston boutique litigation firm Todd & Weld LLP after resigning from the bench and penning a public letter saying that he could no longer "bear to be restrained" from speaking out against the Trump administration.
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November 10, 2025
Lack Of Notice Dooms Some Claims In Ark. THC Vape Suit
An Arkansas federal judge has dismissed some claims from a proposed class action alleging that a retailer, vape-maker and others conspired to sell vapes with THC levels higher than legally allowed.
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November 10, 2025
Judge Rejects Tribe's Bid To Block Tulsa's Jurisdiction Claims
An Oklahoma federal judge has refused the Muscogee (Creek) Nation's bid to block Tulsa County's district attorney from exercising criminal jurisdiction on its reservation, ruling that the tribe fails to show a strong likelihood of success on the merits of its suit.
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November 10, 2025
Shutdown Deal Funds Justices' Security, Public Defender Pay
The government funding agreement reached in the Senate on Sunday includes funding for public defenders, some of whom haven't been paid since July, and security for U.S. Supreme Court justices.
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November 10, 2025
Rep. Wants Schools Warned On Security Of Chinese AI Toys
The top Democrat on a House committee that weighs potential dangers posed by the Chinese Communist Party is urging the U.S. Department of Education to issue "clear guidance" to schools and parents about the data security and privacy risks around artificial intelligence-enabled toys made by Chinese companies, which are increasingly finding their way into classrooms.
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November 10, 2025
Pepsi Bottling Partner, CLF Settle Suit Over Pollution Claims
A Massachusetts bottler of Pepsi products has agreed to contribute nearly $500,000 to a project that will monitor water quality and conduct restoration efforts in several northern Massachusetts waterways to settle claims that they were polluted by discharge and runoff from the plant, according to a proposed settlement filed in federal court.
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November 10, 2025
Ex-Ga. Police Officer Urges Judge To Preserve Anti-DEI Claims
A former metro Atlanta police officer who says he was fired for opposing his department's diversity hiring initiatives urged a federal judge Monday to buck a recommendation that his suit be spiked, arguing his complaints about the "hot issue" constituted protected speech on a matter of public interest.
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November 10, 2025
Gorsuch, Thomas Urge Revisit Of Tribal Power Precedent
U.S. Supreme Court Justices Neil Gorsuch and Clarence Thomas say the high court should correct its 19th century decision that gave federal power over tribal affairs, arguing that the precedent is a theory void of any constitutional foundation and that its roots lie only in archaic prejudices.
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November 10, 2025
Wis. Bill Seeks Sales, Income Tax Breaks For Nuclear Energy
Wisconsin would establish a sales and use tax exemption and an income and franchise tax credit for nuclear energy facilities under a bill introduced in the state Assembly.
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November 10, 2025
Catching Up With Delaware's Chancery Court
Delaware's top court issued a flurry of rulings last week and heard arguments on recently passed legislation that expanded liability shields for some corporate acts while the Court of Chancery passed on another round of arguments over control of Caribbean broadcaster Caribevision.
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November 10, 2025
Justices Reject Ky. Clerk's Bid To Revisit Gay Marriage Ruling
The U.S. Supreme Court won't revisit its landmark marriage equality decision at the request of a former Kentucky county clerk who refused to issue marriage licenses to same-sex couples on religious grounds.
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November 10, 2025
High Court Passes On LPTV Licensing Challenge
The U.S. Supreme Court declined Monday to take up the appeal of a Connecticut television licensee that took issue with the eligibility criteria the Federal Communications Commission uses to decide which stations qualify for small-market protections.
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November 10, 2025
Justices Refuse To Review FERC Revocation Of Grid Perk
The U.S. Supreme Court on Monday refused to review a Sixth Circuit ruling that backed the Federal Energy Regulatory Commission's revocation of an incentive for power companies that are required to be members of a regional transmission organization.
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November 10, 2025
High Court To Review Mississippi Law On Ballot Counting
The U.S. Supreme Court agreed Monday to review a Mississippi law that allows state election officials to count ballots that arrive up to five days late as long as they're postmarked on or before Election Day, in a case that could impact voting practices nationwide.
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November 07, 2025
Up Next At High Court: Religious Rights & Gov't Contracts
The U.S. Supreme Court will return Monday for a short week of arguments, in which the justices will consider whether state and local government officials can be held personally liable for alleged religious rights violations, and whether government contractors are entitled to immediately appeal denials of derivative sovereign immunity.
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November 07, 2025
Supreme Court Temporarily Pauses Full SNAP Payments
The U.S. Supreme Court Friday evening temporarily paused a Rhode Island federal judge's orders compelling the Trump administration to fully fund November Supplemental Nutrition Assistance Program benefits and transfer roughly $4 billion by the end of the day, hours after the First Circuit denied the administration's emergency request.
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November 07, 2025
Letitia James Rips 'Unconstitutional Vindictive' Indictment
New York Attorney General Letitia James has asked a Virginia federal court to dismiss the indictment accusing her of mortgage fraud, slamming the federal charges as "unconstitutional vindictive and selective prosecution" ordered by Donald Trump in response to her successful civil litigation against the president and her outspoken criticism of him.
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November 07, 2025
Altria, NJOY Rip 'Unconstitutional' ITC Patent Proceeding
The U.S. International Trade Commission's process for appointing its administrative law judges is unconstitutional, Altria Group and its NJOY vaping subsidiary alleged Friday in urging a Virginia federal court to block an ITC patent infringement proceeding against them.
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November 07, 2025
DOJ Starts Price-Fix Probe Of Meatpackers Amid Trump Posts
The U.S. Department of Justice announced an investigation into alleged price-fixing by meatpacking companies, following social media posts by President Trump accusing "Majority Foreign Meat Packers" of colluding to drive up prices.
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November 07, 2025
Texas AG Accuses School Districts Of Electioneering
Texas Attorney General Ken Paxton chastised several school districts he claims asked voters to support funding increases via ballot measures, saying their actions amounted to "illegal electioneering" and violated state law, according to an announcement issued Friday.
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November 07, 2025
Fed's Miran Says Stablecoins Spur Demand For Treasurys
Federal Reserve Gov. Stephen Miran said Friday that he believes stablecoins are already increasing demand for U.S. Treasury bonds, and that continued adoption of the stable-value tokens could lead to lower interest rates in the future.
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November 07, 2025
Justices Cast Constitutional Clouds Over Trump's Tariffs
Several U.S. Supreme Court justices appeared skeptical of the government's arguments seeking to salvage President Donald Trump's emergency tariffs, signaling that the high court may come down with a ruling that reinforces Congress' constitutional authority to impose tariffs.
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November 07, 2025
Drafted Bill Would Have States Return Leftover BEAD Money
Under the Broadband Equity, Access and Deployment program, states that don't use all the broadband infrastructure funds they have been allocated would get to keep whatever is left from the chunk of $42.5 billion they received — but one senator is proposing that any money remaining instead go back to the U.S. Treasury.
Expert Analysis
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As Student Loan Outlook Dims, What Happens To The Banks?
While much of the news around the student loan crisis focuses on the direct impact on young Americans' decreasing credit scores, the fate of the banks themselves — and the effect on banking policy — has been largely left out of the narrative, says Madeline Thieschafer at Fredrikson & Byron.
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How Trade Fraud Task Force Launch Furthers Policy Goals
A new cross-agency trade fraud task force is the latest in a series of Trump administration efforts to leverage agency relationships in pursuit of its trade policy goals, and its creation signals a further uptick in customs enforcement, say attorneys at Morgan Lewis.
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Keys To Extended Producer Responsibility Compliance
As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.
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Digital Asset Report Opens Doors For Banks, But Risks Linger
A recent report from a White House working group discussing digital asset market structure signals how banks may elect to expand into digital asset custody, trading and related services in the years ahead, but the road remains layered with challenges, say attorneys at Foley & Lardner.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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5 Real Estate Takeaways From Trump's Sweeping Tax Law
Changes to the Internal Revenue Code included in the One Big Beautiful Bill Act will have a range of effects on real estate sponsors, investors and real estate investment trusts — from more compliance flexibility around taxable REIT subsidiary limits to new considerations raised by a key retaliatory tax provision that was left out, say attorneys at DLA Piper.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting
As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.
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How Securities Test Nuances Affect State-Level Enforcement
Awareness of how different states use their securities investigation and enforcement powers, particularly their use of the risk capital test over the federal Howey test, is critical to navigating the complicated patchwork of securities laws going forward, especially as states look to fill perceived federal enforcement gaps, say attorneys at WilmerHale.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Calif. Bill May Shake Up Healthcare Investment Landscape
If signed by the governor, newly passed California legislation would significantly expand the Office of Health Care Affordability's oversight of private equity and hedge fund investments in healthcare companies and management services organizations, and raise several questions about companies' data confidentiality and filing burdens, say attorneys at Ropes & Gray.
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How Prohibiting Trigger Leads May Affect Mortgage Marketing
Recent amendments to the Fair Credit Reporting Act prohibiting the sale of trigger leads mark a significant shift in the regulatory landscape for mortgage lenders, third-party lead generators and their legal counsel, who should reevaluate lead generation strategies and compliance protocols, say Joel Herberman, Rob Robilliard and Leah Dempsey at Brownstein Hyatt.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Pharma Copay Programs Raise Complex Economic Questions
The growing prevalence of copay accumulator and maximizer programs in the pharmaceutical industry is drawing increased scrutiny from patients, advocacy groups, lawmakers and courts, bringing complex questions about how financial responsibility for prescription drug purchases is determined and complicating damages assessments in litigation, say analysts at Analysis Group.