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Public Policy

  • November 03, 2025

    'Frankly, They're Irrelevant:' ABA Ratings In Trump's 2nd Term

    The American Bar Association, long considered the gold standard for rating judicial nominees, no longer gets to interview them as Trump officials claim the group's "not qualified" rating for some nominees during Trump's first term shows it is a biased and "leftist" organization. Ironically though, ABA ratings for President Donald Trump's second-term picks are mostly positive so far.

  • November 03, 2025

    Squires' First Orders Reject PTAB Petitions En Masse

    U.S. Patent and Trademark Office Director John Squires, true to his word, rejected 13 petitions for inter partes review with no explanation, furthering the administration's controversial push toward narrowing the Patent Trial and Appeal Board's place in patent litigation. 

  • November 03, 2025

    BofA Says It's Fielding 'Fair Access' Regulatory Inquiries

    Bank of America Corp. has told investors it is facing government scrutiny tied to President Donald Trump's push to crack down on alleged political and religious discrimination by financial institutions.

  • November 03, 2025

    DOJ Taps Hall Render Atty As UnitedHealth Merger Monitor

    The U.S. Department of Justice asked a Maryland federal judge Monday to appoint a Hall Render Killian Heath & Lyman PC shareholder as compliance monitor as part of the settlement allowing UnitedHealth Group's merger with Amedisys.

  • November 03, 2025

    Dems Demand FTC Probe Into Surveillance Co.'s Data Use

    Two Democratic U.S. lawmakers urged the Federal Trade Commission on Monday to investigate Flock Safety over its purported failure to implement adequate cybersecurity measures, saying the surveillance technology company has exposed Americans' personal data to theft by hackers and foreign spies.

  • November 03, 2025

    5th Circ. Wary Of Greenlighting Texas Content Filter Law

    A Fifth Circuit panel seemed wary of Texas' argument that it should decide the constitutional merits of a new state law that forces companies to filter content for underage users, saying Monday the district court ought to get a chance to hear more evidence.

  • November 03, 2025

    OpenAI Sets Policy Against Legal, Medical Advice

    OpenAI has updated its user policy across its artificial intelligence platforms, including ChatGPT, saying its products can't be used by individuals to provide any legal or medical advice.

  • November 03, 2025

    W.Va., Chamber Say NY Climate Superfund Law Is Preempted

    States and business groups on Friday told a New York federal judge that the state Climate Change Superfund Act is preempted by the Constitution and the Clean Air Act and should be struck down.

  • November 03, 2025

    DC Circ. Seems Wary Of Trump Proclamation Curbing Asylum

    At least two-thirds of a D.C. Circuit panel seemed to have doubts Monday about whether the Trump administration was at liberty to ban people from seeking asylum at the southern border or whether doing so flies in the face of the Immigration and Nationality Act.

  • November 03, 2025

    Meat Giant JBS Inks $1.1M NY AG Deal Over Climate Claims

    New York Attorney General Letitia James announced Monday that JBS USA Food Co. and an affiliated holding company will pay $1.1 million to support climate-focused agriculture programs in the state as part of a settlement over allegations they misled the public about efforts to reduce their carbon footprint.

  • November 03, 2025

    Judge Reminds Gov't To Follow Media Rules In James Case

    A Virginia federal judge has reminded the parties in the government's alleged bank fraud case against New York Attorney General Letitia James not to publicly discuss grand jury proceedings after U.S. Attorney Lindsey Halligan texted with a reporter about the case in October.

  • November 03, 2025

    SafeSport Says Coach's Claims Fail After His Arbitration Win

    U.S. Gymnastics officials have asked a New Jersey federal court to toss the lawsuit brought by a coach who was temporarily suspended over abuse allegations, arguing he lacks standing to bring his case in court since he was reinstated following arbitration and there is no relief to provide.

  • November 03, 2025

    Mass. Justices Hint Charter Schools Must Obey Records Law

    Justices on Massachusetts' highest court on Monday appeared skeptical of arguments that a publicly funded charter school, unlike its city- and town-operated counterparts, is not subject to the state's public records law.

  • November 03, 2025

    2 Doctrines Likely To Direct Justices' Review Of Trump Tariffs

    When the U.S. Supreme Court hears oral arguments Wednesday over whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act, it will likely test two doctrines the justices have recently considered: the major questions and nondelegation doctrines.

  • November 03, 2025

    Colorado Judge Denies AbbVie's Bid To Block State Drug Law

    A Colorado federal judge denied AbbVie Inc.'s bid for a preliminary injunction, which would have barred the state from enforcing its laws and penalties surrounding federal 340B drug pricing.

  • November 03, 2025

    DC Circ. Fight Grows Over Energy Dept.'s Coal Plant Order

    The U.S. Department of Energy is facing an expanded challenge over its move to keep a Michigan coal-fired power plant open, as Illinois and Minnesota have asked the D.C. Circuit to overturn the agency's extension of its emergency order through Nov. 19.

  • November 03, 2025

    DC Public Defender Funding To Halt Because Of Shutdown

    Funding for public defender services in Washington, D.C., is about to run out as the government shutdown drags on, according to a recent letter from members of the D.C. Courts Joint Committee on Judicial Administration.

  • November 03, 2025

    Calif. Can't Enforce 'Clean Trucks' Pact, Judge Says

    California cannot enforce a 2023 agreement that would have subjected heavy-duty truck manufacturers to stringent state emissions standards and stiff penalties for noncompliance, after a federal judge signaled that federal law likely preempts the Golden State's standards.

  • November 03, 2025

    Trump Blocked Again From Sending Guard To Portland

    An Oregon federal judge on Sunday again blocked President Donald Trump from deploying federalized National Guard troops to Portland, finding after a bench trial that the federal government hasn't shown local protests of Trump's immigration policies constitute a "rebellion" or impede agents from executing laws to justify the Guard's deployment.

  • November 03, 2025

    Williams & Connolly Loses FOIA Suit For Halkbank Documents

    Federal agencies including U.S. Immigration and Customs Enforcement have fulfilled their obligations responding to certain Freedom of Information Act requests made by Williams & Connolly LLP in connection with its defense of Turkish state-owned bank Halkbank, a D.C. federal judge has determined.

  • November 03, 2025

    Tribes Push Supreme Court To Overturn Okla. Tax Ruling

    The Oklahoma Supreme Court incorrectly ruled that a member of the Muscogee Creek Nation owes Oklahoma income tax, groups representing Native American tribes told the U.S. Supreme Court, asking the justices to hear the case and reverse the ruling.

  • November 03, 2025

    Academics Back IP Rights For Generated Art At High Court

    A group of 14 academics and legal experts is backing an appeal to the U.S. Supreme Court from a computer scientist seeking a copyright for artwork created by a computer system he developed, telling the justices in an amicus brief that the work-for-hire doctrine should extend to such generated works.

  • November 03, 2025

    Wireless Builders' Group Names New Top Strategist

    The Wireless Infrastructure Association on Monday named a veteran market analyst to provide technical and strategic advice to the industry group.

  • November 03, 2025

    Philip Morris To Pay $66M Under New Wash. Tobacco Deal

    Washington will receive $66 million from Philip Morris under a new settlement resolving long-running disputes over annual payments owed by the major tobacco company under a landmark multistate deal with tobacco producers in 1998 over public health costs, according to the Washington State Attorney General's Office.

  • November 03, 2025

    US, China Agree To Cut Tariffs, Restrictions In Trade Truce

    The United States and China have agreed to a one-year suspension of certain tariffs, export controls and retaliatory trade restrictions, according to statements by the White House and China's Ministry of Commerce.

Expert Analysis

  • SAM Update May Ease Tricky Timing Technicalities

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    The Federal Acquisition Regulatory Council's recent rule update, clarifying the System for Award Management's registration requirement, may reduce the number of disqualifications and bid protests resulting from minor lapses, but government contractors should still implement​ procedures t​o ensure early submission​ of registration renewals, say attorneys at Butzel Long.

  • Evaluating The SEC's Rising Whistleblower Denial Rate

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    The rising trend of U.S. Securities and Exchange Commission whistleblower award claim denials represents a departure from the SEC's previous track record and may reflect a more conservative approach to whistleblower award determinations under the current administration, say attorneys at Troutman Pepper.

  • State Crypto Regs Diverge As Federal Framework Dawns

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    Following the Genius Act's passage, states like California, New York and Wyoming are racing to set new standards for crypto governance, creating both opportunity and risk for digital asset firms as innovation flourishes in some jurisdictions while costly friction emerges in others, say attorneys at Sheppard Mullin.

  • How 2nd Circ. Cannabis Ruling Upends NY Licensing

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    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.

  • Key Insurance Coverage Considerations For AI Data Centers

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    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.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    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.

  • Unpacking The New Opportunity Zone Tax Incentive Program

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    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.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    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.

  • What New CFPB Oversight Limits Would Mean For 4 Markets

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    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.

  • MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't

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    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.

  • Navigating Brazil's Regulations, Incentives For Green Projects

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    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.

  • Federal AI Action Plan Marks A Shift For Health And Bio Fields

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    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.

  • Potential Paths To Modernizing The Bank Secrecy Act

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    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.

  • Definitions Of 'Waters Of The United States' Ebb And Flow

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    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.

  • Trump Tax Law's Most Impactful Energy Changes

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    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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