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Public Policy
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November 05, 2025
Okla. Seeks Toss Of Medical Marijuana Operators' Suit
No one has a right to sell marijuana, Oklahoma argued when asking a federal court to quash a lawsuit by a group of medical marijuana companies accusing the state of violating the Constitution's dormant commerce clause by implementing residency requirements to obtain a license.
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November 05, 2025
Daytona Beach Asks 11th Circ. To Revive Panhandling Law
The city of Daytona Beach, Florida, asked the Eleventh Circuit Wednesday to reverse an order declaring unconstitutional a city ordinance criminalizing panhandling in certain parts of the city, arguing the ordinance is not a content-based restriction on speech.
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November 05, 2025
Kalshi, Robinhood Say Tribes' Gaming Law Case Lacks Merit
Kalshi and Robinhood have told a California federal judge that Native American tribes in the state can't bring claims that the trading platforms ran a criminal racket and flouted laws protecting tribal gaming by offering their sports event contracts, since the wagers are ultimately overseen by federal commodity laws.
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November 05, 2025
UPS Crash Probe Begins, FAA Plans For 10% Cut In Air Traffic
A UPS cargo plane that crashed in Louisville, Kentucky, appeared to have an engine on fire that detached from the aircraft during takeoff, the National Transportation Safety Board said Wednesday as investigators began collecting and examining evidence from a fiery crash that left 11 people dead.
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November 05, 2025
Dems Nab PSC Spots As Georgians React To High Utility Bills
Georgia Democrats rolled to victory Tuesday over two Republican members of the state's utility oversight board, breaking the GOP's monopoly on the Public Service Commission and opening the door for shakeups in Peach State energy policy, experts say.
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November 05, 2025
Judge Demands Facts In Pa. Medicaid-Paid Abortion Ban Case
A Pennsylvania Commonwealth Court judge on Wednesday repeatedly asked healthcare providers at oral arguments to show her facts on why a statewide ban on Medicaid-funded abortions was unconstitutional, often remarking that the case was short on evidence to support making changes to the coverage exclusion.
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November 05, 2025
AGs Defend Bid To Intervene In DOJ's HPE Merger Deal
More than a dozen Democratic attorneys general have assailed the Justice Department and Hewlett Packard Enterprise for fighting their bid to peek behind the controversial settlement clearing HPE's $14 billion purchase of Juniper Networks, telling a California federal judge that Congress created court oversight for deals just like this.
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November 05, 2025
Alaska Plumber Fights Feds' Contractor Labor Rule
Former President Joe Biden's administration didn't have the authority to issue a rule requiring contractors on large federal contracts to agree to union deals, an Alaska plumbing and heating subcontractor argued Wednesday as it asked a federal court to vacate the rule.
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November 05, 2025
Mamdani Taps Ex-FTC Chief Lina Khan For NYC Transition
New York City Mayor-elect Zohran Mamdani on Wednesday named an all-woman transition team, including former Federal Trade Commission Chair Lina Khan, who attracted the ire of tech giants and corporations by spearheading the Biden administration's aggressive antitrust enforcement.
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November 05, 2025
Cypriot Firm Challenges OFAC Sanctions In DC Court
A Cypriot tech investment company is suing the U.S. Department of the Treasury's Office of Foreign Assets Control, claiming it should be removed from a list of entities under U.S. sanctions brought following the invasion of Ukraine.
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November 05, 2025
Calif. GOP Sues To Block Voter-Approved Prop. 50 Districts
A group of Golden State Republicans sued Gov. Gavin Newsom and the state secretary in California federal court Wednesday, challenging the new redistricting maps that California voters approved Tuesday in passing Proposition 50, which could potentially flip five House seats for Democrats in next year's midterm election.
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November 05, 2025
11th Circ. Says Not Feds' Fault If $345M Crypto Key Was Lost
The Eleventh Circuit has ruled that a man convicted of identity theft cannot sue the government for $345 million he claims he lost because federal investigators wiped a hard drive containing access codes to several thousand bitcoins, noting the man didn't tell investigators about the cryptocurrency.
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November 05, 2025
Investigator Immunity Limited In Death Row Exoneree Suit
An exonerated Florida death row inmate who accused a fingerprint examiner and investigators of causing his wrongful double-murder convictions can continue his case against them, the Eleventh Circuit has ruled, affirming qualified immunity does not shield them from certain allegations.
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November 05, 2025
Fla. County Employee Fights Prisoner's Injury Suit At 11th Circ.
A St. Lucie County, Florida, employee told the Eleventh Circuit Wednesday that a lower court should have granted him a win in a prisoner's suit over an injury he caused on a work site, arguing that the facts show there was no Eighth Amendment violation, and he has qualified immunity.
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November 05, 2025
NTIA Rule Creates 'Impossible Choice,' Group Says
The Trump administration's plan to make BEAD recipients promise they will not need federal operational subsidies if they take money from the massive broadband infrastructure program is a bad one, says a broadband advocacy group.
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November 05, 2025
Docs Show IRS Improperly Shared Data With ICE, Groups Say
Documents submitted by the U.S. government to a D.C. federal court show the IRS violated taxpayer privacy laws by sharing individuals' addresses with ICE despite its requests lacking required information and by accepting an unreasonable explanation about why the information was requested, several groups said.
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November 05, 2025
FTC Wants 'Tainted' Drs. Testimony Barred From Merger Case
The Federal Trade Commission wants a D.C. federal judge to bar a pair of outside doctors and consultants from vouching for Edwards Lifesciences' planned JenaValve acquisition, arguing in a filing made public Tuesday that claims of minimal communication between the physicians' counsel and the companies were "at best, misleading."
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November 05, 2025
Trump Taps Former GOP Congressman To Lead BLM
President Donald Trump on Wednesday nominated former New Mexico Republican congressman Steve Pearce to lead the Bureau of Land Management, the U.S. Department of the Interior office that oversees energy development on federal lands.
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November 05, 2025
San Antonio Voters Approve Funding For New Spurs Arena
Texas voters have approved a tax that will provide up to $311 million for a planned $1.3 billion arena for the NBA's San Antonio Spurs, paving the way for a partial downtown redevelopment.
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November 05, 2025
Del. Justices Hear Early Challenge To Corp. Law Amendments
Delaware's corporate litigation elites squared off before the state's Supreme Court on Wednesday over arguments that state lawmakers either righted — or subverted — the Court of Chancery's equity powers in amending the state's General Corporation Law earlier this year.
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November 05, 2025
Texas Justices Mull Pro Se Atty's Contact With Opposite Party
Texas' justices appeared skeptical that a lawyer deserved to get suspended for five years after he contacted members of the Commission for Lawyer Discipline, asking Wednesday whether the rule barring attorneys from directly contacting a party represented by counsel applies to lawyers representing themselves.
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November 05, 2025
Conn. Justice Questions 'Credibility Contest' In Fatal Fire Suit
A Connecticut Supreme Court justice wondered Wednesday if a trial court should rely on expert affidavits to determine the law in a foreign jurisdiction, probing whether a "credibility contest" was the right method for deciding that a lawsuit over a massive fatal fire belongs in the Philippines instead of the U.S.
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November 05, 2025
Justices Skeptical About Trump's Emergency Tariff Authority
Several U.S. Supreme Court justices asked the government to defend why well-established judicial doctrines shouldn't limit President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act during oral arguments Wednesday, casting doubt on whether they believe the law provides that kind of authority.
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November 05, 2025
Taft Adds DC Water Leader To New Government Practice
The top attorney at D.C. Water, the independent authority overseeing water and wastewater matters in the nation's capital, has joined a new team at Taft Stettinius & Hollister LLP, the firm announced Tuesday.
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November 05, 2025
Philip Morris Damages Guardrail Bid Meets Skeptical Justices
Massachusetts' top court appeared unreceptive Wednesday to arguments made by Philip Morris USA Inc. that a since-reduced $1 billion verdict issued by a state court jury means more guidelines are needed to curtail massive awards.
Expert Analysis
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Evaluating The SEC's Rising Whistleblower Denial Rate
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.
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State Crypto Regs Diverge As Federal Framework Dawns
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.
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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.