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Public Policy
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October 03, 2025
Justices Again Clear Trump To Scrap TPS For Venezuelans
The U.S. Supreme Court for a second time cleared the Trump administration to undo temporary protected status designations for hundreds of thousands of Venezuelans, despite lower court rulings concluding it acted unlawfully, sparking a fierce dissent by Justice Ketanji Brown Jackson.
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October 03, 2025
DC Circ. Nixes Enforcement Of $156M India Award
The D.C. Circuit on Friday ordered a lower court to reconsider defenses raised by India as it fights efforts by Deutsche Telekom AG to enforce a nearly $156 million arbitral award against the country over a nixed satellite lease and telecommunications deal, including whether the dispute belonged in arbitration.
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October 03, 2025
Fed. Circ. Sinks Advocacy Groups' Bid For PTAB 'Veto' Rule
The Federal Circuit on Friday affirmed a lower court's rejection of efforts by advocacy groups to create a "veto" for small-business patent owners defending themselves at the Patent Trial and Appeal Board, saying in a precedential decision that the groups lacked standing.
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October 03, 2025
NC Gov. Gives Stamp Of Approval To Bill Ending Cashless Bail
North Carolina's Democratic governor on Friday signed into law a bill to eliminate cashless bail that is named for the Ukrainian refugee who was murdered on Charlotte's public transit system, but he said it lacks overall "vision" and lambasted a provision adopting alternative execution methods in the state.
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October 03, 2025
'Clean Slate' For Broadcast Rules Needed, Think Tank Says
An economics think tank suggested the Federal Communications Commission go back to the drawing board with rules governing radio and TV ownership, suggesting that the existing rules would not be envisioned in the current competitive, multimedia environment.
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October 03, 2025
Court Limits In Congress' NEPA Reform Push Spark Debate
Congressmembers' hopes to facilitate the faster approval of projects that require environmental reviews like pipelines and other energy infrastructure may be an uphill battle despite bipartisan support due to accompanying provisions, such as limited judicial review, that have invited opposition.
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October 03, 2025
Pa. Supreme Court Snapshot: Silent Witness, Corporate Veil
When its October session launches Tuesday, the Pennsylvania Supreme Court will consider issues such as the time limits on long-hidden crimes and long-undiscovered construction flaws, along with witnesses who say nothing on the stand and experts who opine on manner of death.
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October 03, 2025
High Court Asked To Review Racial Bias In Miss. Jury Strikes
It wasn't until after he endured six capital murder trials tainted by racial prejudice that Curtis Flowers, a Black Mississippian, was finally exonerated, had the charges against him dismissed and his name cleared.
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October 03, 2025
Native Groups Urge Action As Shutdown Threatens Services
Federal lawmakers and Native American nonprofits are calling for funding to continue certain services during the U.S. government shutdown, saying they're concerned about the disproportionate harm it could have on tribal communities.
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October 03, 2025
Mass. Justices Say Pandemic Delay Not Speedy Trial Violation
Massachusetts' highest court ruled Friday that pandemic-related delays in bringing a defendant to trial did not violate his right to a speedy trial under the state and U.S. constitutions.
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October 03, 2025
Gov. Lamont May Testify In Ex-Conn. Budget Official's Trial
Former Connecticut budget official Konstantinos Diamantis on Friday told a panel of potential jurors that he plans to call Gov. Ned Lamont to testify in his federal corruption trial, setting up a possible courtroom showdown between Diamantis and the elected official who removed him from his post before he was indicted.
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October 03, 2025
DC Circ. Eyes Pre-Enforcement Standing In Gun Ban Case
A panel of D.C. Circuit judges wrestled with where to draw the line on pre-enforcement challenges in Second Amendment cases Friday as Washington, D.C., defended its ban on firearms on Metro trains and buses from area gun-owners seeking to carry and ride.
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October 03, 2025
FERC Finding Friendlier Courts In Gas Project Approval Fights
The Federal Energy Regulatory Commission is getting more leeway from courts in lawsuits challenging its gas project approvals following a recent U.S. Supreme Court ruling that curtailed federal environmental reviews, which may ultimately speed up the agency's consideration of projects.
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October 03, 2025
Pot Co. Urges 9th Circ. To Revive Labor Peace Law Challenge
A cannabis retailer challenging the constitutionality of a California law that requires marijuana businesses to have labor peace agreements with unions is urging the Ninth Circuit to revive its lawsuit against the state.
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October 03, 2025
EEOC Can't Halt Suit Over Trans Advocacy Amid Shutdown
A Maryland federal judge refused Friday to grant the U.S. Equal Employment Opportunity Commission's bid for a stay in a suit claiming the agency violated federal law by dropping gender identity discrimination cases, despite the government's argument that the ongoing shutdown meant the case couldn't move ahead.
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October 03, 2025
2nd Circ. Says Exxon Must Pay Atty Fees For 'Absurd' Args
The Second Circuit on Friday said energy giants including Exxon Mobil Corp. must pay attorney fees to New York City, which is suing them for deceptive practices around climate change, for advancing "absurd" arguments in remand proceedings.
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October 03, 2025
Trump Admin Hit With Suit Over $100K H-1B Fees
Several groups sued Friday in California federal court to block the Trump administration's recent action slapping on a $100,000 fee for H-1B visas, saying the new price tag was unconstitutionally ordered and will hurt more than just America's tech industry.
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October 03, 2025
Miami Beats Suit Over Alleged RE Plot Involving Ex-City Atty
A Florida state appeals court reversed the denial of the city of Miami's motion to dismiss a civil conspiracy claim brought against it by a man who accused city workers of conspiring with the former city attorney and her husband to purchase houses with multiple code violations at below-market value and sell them for a profit.
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October 03, 2025
Justices To Mull Hawaii's 'Vampire Law' For Concealed Carry
The U.S. Supreme Court on Friday agreed to hear a challenge to a Hawaii law that bars pistol permit holders from bringing handguns onto private property open to the public without the owner's express permission, similar to policies in other states that critics have characterized as "vampire laws."
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October 03, 2025
Vanderbilt Law Grad Says Wrongful Conviction Ruined Dream
A graduate of the prestigious Vanderbilt Law School has been shut out of the legal profession for years because Connecticut police and his own criminal defense attorneys worked to ensure that he was wrongfully convicted of assault, according to a civil rights and legal malpractice lawsuit this week removed to federal court.
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October 03, 2025
College Prez Loses Emergency Bid In Whistleblower Suit
A New Jersey federal judge has rejected a motion from the president of Rowan College at Burlington County seeking an emergency restraining order to block potential termination, amid a whistleblower lawsuit he brought alleging retaliation after he opposed what he described as unlawful actions taken by the school's board and legal counsel.
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October 03, 2025
Feds Accuse NC Farmers Of $8.5M 'Straw Producer' Crop Plot
The U.S. government accused a family farm of engaging in a roughly $8.5 million scheme to inflate crop insurance payouts, alleging in North Carolina federal court that its owner used family members as "straw producers" who had "no legitimate insurable interest in the crops insured."
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October 03, 2025
Calif. Bar Launches Randomized Client Trust Fund Audits
Attorneys in California should be on the lookout for notifications from the state bar regarding client trust fund compliance reviews, as the organization kicks off a five-week mandatory review program during which a small cross-sample of Golden State lawyers will be asked to open their books.
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October 03, 2025
6th Circ. Won't Revive Religious Rehab Group's Land Use Suit
The Sixth Circuit refused to rescue a faith-based rehabilitation operator's claims that a Tennessee county unlawfully wielded land use laws to keep it from buying a new site, finding that the group's move to a nearby county was not a substantial burden on its religious exercise.
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October 03, 2025
Insurer Fends Off Bad Faith Claim Over $1.8M Crash Award
A man injured in a car crash cannot bring a bad faith action against the other driver's insurer, a Florida federal court ruled, finding that the insurer's prompt tender of its policy limits to the man means it is protected under Florida's statutory "safe harbor" provision.
Expert Analysis
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
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Key Insurance Coverage Considerations For AI Data Centers
The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Unpacking The New Opportunity Zone Tax Incentive Program
The One Big Beautiful Bill Act brought several improvements to the opportunity zone tax incentive program that should boost investments in qualified funds, including making it permanent, increasing federal income tax benefits in rural areas, redesignating the qualified zones, and requiring more in-depth reporting, says Marc Schultz at Snell & Wilmer.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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What New CFPB Oversight Limits Would Mean For 4 Markets
As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.
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MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't
As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.
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Navigating Brazil's Regulations, Incentives For Green Projects
Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Potential Paths To Modernizing The Bank Secrecy Act
The Bank Secrecy Act's analog design has become increasingly incompatible with today's digital financial ecosystem, but legislative reforms, coupled with regulatory adjustments including updated thresholds, feedback mechanisms and innovation sandboxes, would help adjust the act to the unique challenges of modern technology, says Matthew Biben at King & Spalding.
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Definitions Of 'Waters Of The United States' Ebb And Flow
The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.
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Trump Tax Law's Most Impactful Energy Changes
The One Big Beautiful Bill Act's deferral of begin-construction deadlines and the phaseout of certain energy tax credits will provide emerging technologies with welcome breathing room, though other changes, like the increased credit rate for sustainable aviation fuel, create challenges for developers, say attorneys at Weil.
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Texas Property Law Complicates Financing And Development
A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.