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Public Policy
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October 23, 2025
Judge Axes Va. Homeowner's Suit Over Marine Base Security
A U.S. Court of Federal Claims judge on Oct. 23 tossed a Quantico, Virginia, homeowner's takings suit against the federal government, which was accused of taking her property without just compensation by having military base-related restrictions that impeded her attempts to use the property as a short-term rental.
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October 23, 2025
Full 5th Circ. Asked To Rehear Texas Bankers' OCC Dispute
Two former Texas bankers have asked the full Fifth Circuit to revive their constitutional challenge to an in-house Office of the Comptroller of the Currency enforcement case, arguing that the appellate panel's decision to reject their appeal wrongly stripped them of their right to a jury trial and handed banking agencies "unlimited discretion" to prosecute old misconduct.
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October 23, 2025
Ex-ComEd CEO Asks 7th Circ. For Bail Pending Appeal
Former Exelon Utilities and Commonwealth Edison CEO Anne Pramaggiore has renewed her request to remain out of jail while she seeks to unwind her criminal conviction and two-year prison sentence, this time asking the Seventh Circuit for bond ahead of her December surrender date.
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October 23, 2025
Ga. Justices Question 'Tesla Carveout' In Direct Car Sales Ban
Georgia's Supreme Court justices appeared to harbor reservations Thursday about the viability of a state ban on car manufacturers engaging in direct-to-consumer sales, thanks in part to a "Tesla carveout" that allowed the leading electric vehicle maker to continue operating its own dealerships.
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October 23, 2025
FCC's Carr Sees Ongoing Consumer Harm From Shutdown
The head of the Federal Communications Commission warned Thursday that new device and license applications are "just sitting there," creating an FCC backlog, and that other day-to-day but important work remains on hold during the government shutdown.
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October 23, 2025
Neb. Republican Says Fiber Critical To Broadband Effort
A Republican U.S. senator said Thursday she's concerned that rural areas will not receive enough funding for fiber-optic connectivity in the latest round of the government's multibillion-dollar effort to build out broadband to underserved areas.
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October 23, 2025
SEC Being Misled In CBD Fraud Fight, CEO Claims
The U.S. Securities and Exchange Commission has "unwittingly" taken the side of a former partner with a terminated licensing agreement, a pharmaceutical CEO told a California federal court this week, asking for summary judgment on the SEC's core claims that he defrauded investors.
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October 23, 2025
4th Circ. Pushed To Retain Block On Chemours PFAS Dumping
A pair of environmental groups is urging the Fourth Circuit to leave in place an injunction blocking The Chemours Co. FC LLC from continuing to discharge so-called forever chemicals into the Ohio River, saying the company is using strawman arguments to get its way.
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October 23, 2025
French Legislators Advance 15% DST To Mirror US Tariffs
France's digital services tax rate would rise from 3% to 15% under an amendment adopted by the lower house of Parliament's Finance Committee, which characterized the action as a "proportionate response" to tariffs imposed by the United States.
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October 23, 2025
Judge Says Colorado Online Betting Law Doesn't Violate IGRA
A federal judge on Thursday dismissed a suit by two Colorado tribes that alleged the state is overreaching by trying to regulate off-reservation online sports betting in violation of the Indian Gaming Regulatory Act and tribal gaming compacts.
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October 23, 2025
Tech Org. Calls Next-Gen TV Tuner Mandate Bad Idea
As the Federal Communications Commission solicits opinions on how to usher the industry into the next generation of television broadcasting, a consumer technology trade group is reiterating its argument that the agency should not rush the process and let companies do what they will.
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October 23, 2025
DOJ Seeks To End Suit Over Tying Victim Aid To Immigration
The U.S. Department of Justice urged a Rhode Island federal judge to dismiss a suit lodged by Democratic-led states, saying the challenge to a policy barring federal grant funds from covering legal services for unauthorized or removable immigrants belongs in federal claims court.
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October 23, 2025
Mass. Tax Break Bill For Urban Farms Advances
Massachusetts would allow municipalities to create an agricultural property tax break for small urban farm plots under a bill reported favorably by a state legislative panel.
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October 23, 2025
2nd Circ. Won't Rehear Cannabis Dormant Commerce Case
The Second Circuit on Wednesday denied New York cannabis regulators' petition to reconsider a panel's split ruling that the U.S. Constitution bars states from privileging their own residents when awarding licenses to cannabis businesses.
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October 23, 2025
Wash. Judge Halts Feds From Pulling $9M In Climate Funds
A Washington federal judge temporarily blocked the Trump administration from scrapping more than $9 million of climate resiliency agreements with Washington state, finding state officials likely to prevail on claims the administration acted unlawfully when it abruptly ended them.
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October 23, 2025
Eli Lilly Says Pharmacy Mass-Producing Weight Loss Drug
Drugmaker Eli Lilly is suing a compounding pharmacy in Texas federal court, alleging the pharmacy ripped off its lucrative weight loss drug, began mass-producing it, and made as much as $2 million per month last year from its misdeeds.
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October 23, 2025
Senate Clears Bill For FCC List Of Foreign Authorizations
The U.S. Senate Thursday passed a bill requiring the Federal Communications Commission to publish a list of companies with ties to certain foreign countries that hold FCC authorizations.
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October 23, 2025
Former TTAB Judge Moves To Greenberg Traurig In Calif.
A former Trademark Trial and Appeal Board judge has jumped from government work to private practice, building out Greenberg Traurig LLP's bench of Los Angeles intellectual property attorneys.
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October 23, 2025
Baldwin Opposes 7th Circ. Pick For Her State
Sen. Tammy Baldwin, D-Wis., on Thursday officially opposed the nomination to the Seventh Circuit of Rebecca Taibleson, a federal prosecutor in Wisconsin, who would serve in her state.
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October 23, 2025
Judge Dings Law Profs In Judge-Shopping Sanctions Case
The federal judge behind a controversial sanctions order accusing three attorneys of judge shopping while challenging an Alabama gender care law is pushing back on claims that he lacked jurisdiction, as the ruling is on appeal in the Eleventh Circuit.
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October 23, 2025
Shipbuilder Can't Ax Md. Bridge Collapse Suit, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse maintained that South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. should be held accountable in Pennsylvania federal court for designing and building a "fatally flawed" ship.
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October 23, 2025
Fla. Court Pauses Marijuana Patients' Gun Rights Case
A Florida federal judge on Thursday agreed to pause a case weighing the constitutionality of a federal ban on medical marijuana patients owning guns after the U.S. Supreme Court recently said it would take up a case on a similar question.
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October 23, 2025
Squire Patton Boggs Partner Confirmed To Kentucky Bench
The Senate voted 48-45, along party lines, on Thursday to confirm former Kentucky Solicitor General and Squire Patton Boggs LLP partner Chad Meredith to the Eastern District of Kentucky.
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October 23, 2025
NY Tribal Members Can't Block New Financial Aid Policy
A federal district court judge has determined that two New York tribal members can't block a new U.S. Education Department policy that requires Jay Treaty students to provide proof of permanent residence status to apply and receive financial aid, saying their claims fell short for lack of standing.
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October 23, 2025
5th Circ. Revives Religious Bias Suit Over DOD Vaccine Policy
The Fifth Circuit breathed new life into a proposed class action claiming the U.S. Department of Defense unlawfully slow-walked civilian employees' requests for religious exemptions from its COVID-19 vaccination directive, saying the mandate getting rescinded didn't nullify the lawsuit.
Expert Analysis
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Rising USCIS Denials May Signal Reverse On Signature Policy
Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits
A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.
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How FDIC Appeals Plan Squares With Fed, OCC Processes
The Federal Deposit Insurance Corp.'s recent proposal to revise its appeals process merits a fresh comparison to the appeals systems of the Federal Reserve and Office of the Comptroller of the Currency, and would provide institutions with greater transparency and independence, say attorneys at Alston & Bird.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'
The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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A Changing Playbook For Fighting Records Requests In Del.
The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
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Tesla Verdict May Set New Liability Benchmarks For AV Suits
The recent jury verdict in Benavides v. Tesla is notable not only for a massive payout — including $200 million in punitive damages — but because it apportions fault between the company's self-driving technology and the driver, inviting more scrutiny of automated vehicle marketing and technology, says Michael Avanesian at Avian Law Group.
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Insuring Against FCA Risk In Shifting Trade Landscape
In today's heightened trade enforcement environment, companies should proactively assess whether their insurance programs are positioned to respond to potential False Claims Act or customs-related claims, including reviewing directors and officers, professional liability, and representations and warranties policies for key terms, say attorneys at Pillsbury.
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What To Expect As Trump's 401(k) Order Materializes
Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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RI Menopause Law Brings New Considerations For Employers
Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.