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Public Policy
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October 01, 2025
Texas Judge Sends Mifepristone Challenge To Missouri Court
A closely watched challenge to federal approvals for the abortion medication mifepristone is moving from Texas to Missouri after a federal judge found the plaintiffs remaining in the litigation have no connection to the Lone Star State.
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October 01, 2025
Justices Asked To Review Gun Ban For Marijuana Users
A marijuana user has asked the U.S. Supreme Court to hear his case arguing that a federal law prohibiting drug users from owning guns runs afoul of the Second Amendment.
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October 01, 2025
DC Judge Protects Union Contracts At 6 Federal Agencies
A D.C. federal judge stopped the U.S. Department of Defense, U.S. Environmental Protection Agency and four other agencies from canceling their union contracts, granting a union coalition's request for an injunction blocking the agencies from complying with an executive order allowing them to ditch the contracts.
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October 01, 2025
States, Businesses Push Justices To Extend Tariff Arguments
The dozen states, several small businesses and Illinois toymakers that challenged President Donald Trump's emergency tariffs filed a joint motion Wednesday requesting more time to better represent their different claims for oral arguments at the U.S. Supreme Court in November.
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October 01, 2025
FCC Sets Furlough Plan In Motion With Government Shutdown
The Federal Communications Commission's staff halted most regular operations Wednesday as Congress failed to reach a deal to continue funding agencies after the end of the government's fiscal year.
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October 01, 2025
Trump Unlawfully Fired Dem Member Of STB, Suit Alleges
A recently fired Democratic member of the Surface Transportation Board sued President Donald Trump in federal court Wednesday, alleging that he was unlawfully removed from his position and should be allowed to serve the rest of his term.
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October 01, 2025
White House Issues New NEPA Guidance To Federal Agencies
The White House Council on Environmental Quality has released guidance for federal agencies that are working to update their National Environmental Policy Act guidelines.
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October 01, 2025
Muscogee Citizen Fights Okla. Tax Ruling In Supreme Court
A member of the Muscogee Creek Nation is asking the U.S. Supreme Court to overturn an Oklahoma high court ruling that denied her tax-exempt status, arguing the dispute involves an important question of taxing jurisdiction in tribal lands that broke a long line of precedent.
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October 01, 2025
USPTO Lays Off Employees, Closes Rocky Mountain Office
The U.S. Patent and Trademark Office laid off some employees Wednesday as part of a reduction-in-force that's affecting around 1% of the agency's workforce, making the move on the first day of the government shutdown, according to sources familiar with the plans.
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October 01, 2025
Ohio Says Norfolk Southern Fully Liable In Derailment Suit
Ohio is asking a federal judge to find Norfolk Southern Corp. fully liable for pollution stemming from the 2023 East Palestine train derailment, saying the court should find that each railcar is a separate source of pollution under state law and assess penalties accordingly.
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October 01, 2025
Fed. Bill Would Let Judges Be Sued Over Repeat Offenders
A federal lawmaker from North Carolina has proposed a bill to create a pathway for crime victims and their families to sue judges found to have acted with "intentional disregard for public safety" by releasing individuals convicted of violent crime who go on to re-offend.
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October 01, 2025
4th Circ. Won't Rehear Consultancy's $5M SBA Loan Suit
The Fourth Circuit declined to reconsider a global consultancy and risk management company's lawsuit against the U.S. Small Business Administration in which the consultant argued its $5 million loan was eligible for COVID-19 debt relief.
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October 01, 2025
Va. Biz Group Calls Charter, Cox Tie-Up Good For Consumers
The Virginia Chamber of Commerce urged the Federal Communications Commission to approve the planned $34.5 billion merger of cable giants Charter and Cox, saying it would be good for consumers as the companies cut costs through scale.
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October 01, 2025
Groups Seek Block On Use Of IRS, SSA Data For Deportations
A coalition of immigrant advocacy groups has asked a Massachusetts federal judge to block the government from the "unfettered" use of Internal Revenue Service and Social Security Administration data to identify and target millions of people for deportation.
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October 01, 2025
NLRB Nom Pledges To Resist Trump Pressure At Hearing
One of President Donald Trump's nominees to serve on the National Labor Relations Board said at a U.S. Senate confirmation hearing Wednesday that he would resist a directive from the president to rule for Amazon or SpaceX in a dispute with their workers.
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October 01, 2025
Peru Says Mining Co. Can't Revive $417M Penalty Claim
Peru is resisting an Arizona-based mining company's bid to annul a decision by international arbiters who found they lacked jurisdiction over $417 million in penalties and interest the country imposed for unpaid royalties, saying the company is wrong to claim the issue was improperly ignored.
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October 01, 2025
Calif. Joins NY In Letting Labor Agency Fill In For NLRB
California has become the latest state to empower its labor board to step in when the federal labor board cannot, joining New York on a path that has been praised by unions, maligned by management and challenged by the National Labor Relations Board.
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October 01, 2025
Ex-Immigration Judge, DOJ Settle Bias Suit
The U.S. Department of Justice and a former immigration judge agreed Wednesday to settle a lawsuit in Florida federal court alleging she was denied a hardship transfer and reasonable accommodation due to her gender and age.
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October 01, 2025
Va. Prosecutor Indicting Comey Tapped For Full US Atty Role
The interim U.S. attorney for the Eastern District of Virginia, who is bringing charges against former FBI Director James Comey, has been tapped by President Donald Trump for the full-term role.
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October 01, 2025
4th Circ. Nixes Cannabis Entrepreneur's Rehearing Bid
The Fourth Circuit on Tuesday rejected a California cannabis entrepreneur's request for an en banc rehearing of her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program.
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October 01, 2025
Trump's Bid To Cut NY Anti-Terror Funds Paused For Now
A Manhattan federal judge on Wednesday temporarily blocked the Trump administration's cut of $34 million to protect New York's massive transit system from terrorism, crediting the state attorney general's allegation that the White House unlawfully tied the grant to immigration policy.
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October 01, 2025
E-Verify System Goes Down As Gov't Shutdown Takes Hold
The federal E-Verify system that employers must use to check people's eligibility to work in the U.S. went down Wednesday morning as a result of the government shutdown, while federal immigration courts are anticipated to keep operating.
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October 01, 2025
Pick For Del.'s 3rd Circ. Seat Advances Despite Few State Ties
Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit, who is currently serving in the White House Counsel's Office and has come under scrutiny for her lack of ties to the state, had her nomination voted out of committee along party lines Wednesday.
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October 01, 2025
High Court Lets Fed's Cook Keep Job For Now
The U.S. Supreme Court said Wednesday that it will wait to hear oral arguments early next year before ruling on President Donald Trump's bid to immediately oust Federal Reserve Gov. Lisa Cook, a move that will allow her to remain on the job in the meantime.
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September 30, 2025
Feds Press 2nd Circ. To Nix Students' Removal Challenges
The Trump administration on Tuesday urged the Second Circuit to reverse lower courts' findings that led to the release of two college students who say they were wrongly detained by immigration officials for expressing pro-Palestinian views, attacking the notion that they're able to bring habeas corpus challenges to their detention.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employees' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
The third quarter of 2025 brought legislative changes to state money transmission certification requirements and securities law obligations, as well as high-profile accounting and anti-money laundering compliance enforcement actions by the Department of Financial Protection and Innovation, say attorneys at Ropes & Gray.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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Balancing The Risks And Rewards Of Private Equity In 401(k)s
The recent executive order directing government agencies to consider encouraging private equity and other alternative investments in 401(k) plans does not change the fundamental fiduciary calculus or reduce risk, as success with private investments will depend on careful analysis of both participant demand and fiduciary obligations, say attorneys at Jenner & Block.
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What's At Stake In High Court's Ill. Ballot Deadline Case
In Bost v. Illinois State Board of Elections, the U.S. Supreme Court will hear arguments next week on whether and when candidates for office have standing to bring prospective challenges to election laws, raising broader issues about the proper timing of federal court election litigation, say Richard Pildes and Samuel Ozer-Staton at NYU School of Law.
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Kimmel 2nd Circ. Victory Holds Novel Copyright Lessons
The Second Circuit's recent decision in Santos v. Kimmel, dismissing a copyright infringement claim against Kimmel for airing Cameo videos recorded by former U.S. Rep George Santos, examines the unusual situation of copyrighted works created at the request of the alleged infringer, say attorneys at Venable.
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2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers
Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.
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SEC Fine Signals Crackdown On Security-Based Swap Dealers
The U.S. Securities and Exchange Commission's recent fine against MUFG Securities is unique because it involves a non-U.S. security-based swap dealer complying with U.S. laws based on the election of substituted compliance, but it should not be dismissed as a one-off case, says Kelly Rock, formerly at the SEC.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Expect DOJ To Repeat 4 Themes From 2024's FCPA Trials
As two upcoming Foreign Corrupt Practice Act trials approach, defense counsel should anticipate the U.S. Department of Justice to revive several of the same themes prosecutors leaned on in trials last year to motivate jurors to convict, and build counternarratives to neutralize these arguments, says James Koukios at MoFo.
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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.