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Public Policy
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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.
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October 28, 2025
Grassley Calls On Judiciary To Formally Regulate AI Use
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, is calling on the federal judiciary to set formal policies regarding artificial intelligence after he exposed two mishaps involving federal judges in New Jersey and Mississippi.
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October 28, 2025
EEOC Gets Back Quorum It Lost After January Firings
The U.S. Equal Employment Opportunity Commission regained full decision-making power Monday when a Republican appointee and former assistant U.S. attorney was sworn in as a commissioner.
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October 28, 2025
Senate Confirms Florida State Judge To Federal Seat
The Senate voted on Tuesday 52-47, along party lines, to confirm Florida state appellate Judge Jordan Emery Pratt to the Middle District of Florida.
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October 28, 2025
US, Japan Sign Agreement On Key Minerals
The U.S. and Japan agreed Tuesday to coordinate on securing and refining important minerals, while outlining a series of Japanese investments in U.S. industries, according to an announcement published by the White House.
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October 28, 2025
26 AGs Sue USDA Over Suspension Of Nutrition Benefits
The U.S. Department of Agriculture's decision to suspend Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown is an abuse of discretion that threatens to take food away from millions of people, according to a lawsuit filed Tuesday by 25 states and the District of Columbia.
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October 28, 2025
USPTO Seeks Office Location Input After Denver Closure
The U.S. Patent and Trademark Office issued a request for feedback Tuesday on locations for community outreach offices in the eight states formerly serviced by the Rocky Mountain Regional Outreach Office in Denver, after the regional office was closed this month, just before the federal government shutdown.
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October 28, 2025
Pa. Court Upholds Law Setting Gun Licensing Age At 21
The Pennsylvania Superior Court has upheld state gun licensing laws in finding that a 20-year-old who couldn't obtain a license due to his age was rightfully convicted and sentenced to up to 23 months in prison for illegally possessing a weapon after dropping a gun while fleeing police.
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October 28, 2025
4th Circ. Overturns Landmark W.Va. Opioid Verdict
The Fourth Circuit on Tuesday overturned a key ruling by a West Virginia judge in the first federal bellwether in multidistrict opioid litigation that went in favor of the country's three biggest drug distributors, finding that the oversupply of opioids can create a public nuisance.
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October 28, 2025
Feds Rip Calif.'s Bid To Halt $4B Bullet Train Funds Reshuffle
The Trump administration has told a federal judge that California is not entitled to billions in continued funding for its beleaguered high-speed rail project, firing back at what it describes as the Golden State's attempt to hoard grant funds that could be allocated to other projects.
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October 28, 2025
FERC Chair From V&E Taps Another Firm Atty As GC
Federal Energy Regulatory Commission Chairwoman Laura Swett, a former Vinson & Elkins LLP energy attorney, has named another V&E energy lawyer based in the nation's capital as the agency's next general counsel.
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October 28, 2025
Democratic Sens. Seek Probe Of Nat'l Guard Deployment Cost
Democratic senators called for the Congressional Budget Office to investigate the cost of President Donald Trump's deployment of National Guard troops in five U.S. cities, saying the mobilization of military forces raises serious fiscal, legal and constitutional concerns.
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October 28, 2025
3 Judge Picks Sent To Senate Despite No Public Notice
The Senate Judiciary Committee has received pre-hearing paperwork for anticipated judicial nominees for Texas, Alaska and Arkansas, despite no formal announcement yet from President Donald Trump.
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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.
Expert Analysis
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Unpacking The BIS Guidance On Chinese AI Chip Use
In response to May guidance from the Bureau of Industry and Security, which indicates the agency considers a wide but somewhat unclear range of activities involving Chinese integrated circuits to be in violation of its General Prohibition 10, companies should consider adopting enhanced due diligence to determine how firm counterparties may be using the affected chips, says Peter Lichtenbaum at Covington.
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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.