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Public Policy
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October 17, 2025
Chamber Urges 5th Circ. To Rehear Ex-Bank CEO's FDIC Case
The U.S. Chamber of Commerce and other libertarian advocacy groups urged the Fifth Circuit on Friday to reconsider a panel ruling shielding the Federal Deposit Insurance Corp.'s in-house courts from a constitutional challenge, arguing the decision defies U.S. Supreme Court precedent and leaves bank officials "trapped in the bureaucratic machinery" of juryless agency prosecutions.
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October 17, 2025
11th Circ. Affirms Toss Of Alabama Jail Sexual Assault Suit
A divided Eleventh Circuit on Friday upheld a lower court win by administrators of an Alabama jail who were sued by former inmates over alleged sexual abuse suffered at the hands of their jailers, finding the former inmates failed to show a link between the administrators and the alleged abuse.
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October 17, 2025
Colorado Landowners Win Class Cert. In Oil Well Cleanup Suit
Colorado landowners accusing the oil and gas company HRM Resources LLC of transferring oil and gas well rights to a now-defunct smaller company in an attempt to avoid cleanup obligations won class certification in Colorado federal court Friday.
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October 17, 2025
Florida Court Backs County's Switch To At-Large Voting
A Florida state appeals court greenlit a county's resident-approved referendum to discard single-district elections and to switch back to an at-large voting system, ruling that the language listed in the ballot measure properly followed state law.
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October 17, 2025
Bankers Lobby Warns Of 'Operational Crises' From Penny Halt
A banking industry group on Friday urged leaders of the Federal Reserve and the U.S. Department of the Treasury to swiftly address "operational crises" the institutions say have arisen from a policy restricting penny deposits at coin terminals as the U.S. phases out the one-cent coin.
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October 17, 2025
W.Va. Says Pole Owners Must Replace Old Utility Poles
Utility poles that have been "red tagged" for replacement must be replaced by whoever owns them, not the utility that is paying to use them, West Virginia's Public Service Commission has declared.
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October 17, 2025
Judge Rejects Seminole Land Suit As 'Shotgun Pleading'
A Florida federal judge dismissed a suit by two members of the Seminole Tribe who claim federal agencies are threatening to confiscate their land inside Big Cypress National Preserve, saying Friday their amended complaint is undoubtedly a "shotgun pleading" and they put forth no facts suggesting otherwise.
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October 17, 2025
NC Justices Curb Agency Deference In Prof's Firing Case
Courts in North Carolina are bound by a "constitutional command" to review legal questions anew rather than defer to agency interpretation, the North Carolina Supreme Court ruled Friday in a case from an ex-professor alleging his free speech rights were violated when he was fired.
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October 17, 2025
Ex-Official Enforced Fee Deal With Job Threat, Jury Hears
Connecticut school construction director Kosta Diamantis on Friday admitted during cross-examination that he threatened to yank a masonry subcontractor from jobs in Tolland and Hartford if it didn't pay him what he claimed was a legitimate, agreed-upon $70,000 fee for lining up an introduction to a general contractor.
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October 17, 2025
NJ Parents Keep Fighting State Over Storage Of Babies' DNA
Across the U.S., health departments draw small blood samples from newborns' heels to test for metabolic and genetic disorders. After a new mother discovered that New Jersey police had used DNA extracted from such samples in criminal investigations, she signed on as plaintiff in a suit that says parents have a right to refuse these blood draws.
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October 17, 2025
An Unseen Epidemic: Correctional Officers Dying By Suicide
It's not news that there are problems in America's prisons, including mass incarceration and forced labor, but another crisis in those same prisons doesn't always garner the same attention: the number of correctional officers dying by suicide.
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October 17, 2025
Trump Commutes Ex-Rep. Santos' 7-Year Fraud Sentence
President Donald Trump announced on social media Friday that he has commuted the seven-year prison sentence of former U.S. Rep. George Santos, who admitted to falsely inflating fundraising reports to qualify for National Republican Congressional Committee funding during the 2022 election.
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October 17, 2025
Feds Say Immigration Dismissal Policy Suit Now Moot
The Trump administration has urged a New York federal judge to find a lawsuit challenging ICE arrests at courthouses moot since the Executive Office for Immigration Review withdrew a May email at the heart of the litigation.
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October 17, 2025
Texas Readies $1.3B Spending Plan For Broadband Access
Texas, which was originally allocated $3.3 billion under the Biden administration, is about to submit its plans for using the $1.3 billion in federal broadband funding that was eventually awarded after a Trump administration revamp of the Broadband Equity, Access and Deployment program.
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October 17, 2025
Texas Appeals Court Clears River Authority Of Flood Claim
A Texas appeals court found that the San Jacinto River Authority had governmental immunity when it decided to release water from its Lake Conroe reservoir during a hurricane, saying it took a good faith action even though the decision damaged some properties.
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October 17, 2025
NM Medical Cannabis Co. Tells Tax Court 280E Does Not Apply
A New Mexico medical marijuana company said Friday that a federal policy barring cannabis enterprises from taking ordinary business deductions should not apply, and the company is entitled to a refund for overpayment.
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October 17, 2025
Georgia Justices Affirm Stormwater Charge Is Fee, Not Tax
A stormwater utility charge levied by a local government in Georgia is a fee, not a tax, the state Supreme Court said, upholding a trial court's finding that the charge did not violate the state constitution's uniformity provision on property taxation.
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October 17, 2025
Idaho Asks Justices To Reject Mootness In Trans Ban Case
The state of Idaho has again encouraged the U.S. Supreme Court to proceed with its review of whether the state's ban on transgender women in sports is unconstitutional after a lower court earlier this week rejected the plaintiff's efforts to voluntarily dismiss the suit.
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October 17, 2025
Bolton Pleads Not Guilty To Mishandling Documents
Former National Security Advisor John Bolton pled not guilty to charges that he illegally retained and shared classified national defense information Friday, a day after federal prosecutors unsealed an 18-count indictment against the former appointee of President Donald Trump who has become a critic of his administration since.
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October 17, 2025
Electronic Co. Tells Justices Trump Tariffs Are The Emergency
Emergency tariffs imposed by President Donald Trump are creating extraordinary economic threats under a law that was intended to protect U.S. retailers from such harm, a Virginia-based electronics company told the U.S. Supreme Court on Friday.
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October 17, 2025
Congressional Dems Push For No Layoffs At Interior And EPA
Democratic lawmakers are demanding the U.S. Environmental Protection Agency and the U.S. Department of the Interior halt any plans to reduce staff as the federal government shutdown continues into its third week.
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October 17, 2025
Man Arrested In Mistaken ID Case Can Sue, 11th Circ. Says
A Florida police officer cannot escape a lawsuit alleging the officer violated the Fourth Amendment when he entered a home without a warrant and then tasered and arrested the father of a suspect in a case of mistaken identity, the Eleventh Circuit has ruled, while remanding related claims for further review.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Native Policy Roundup: $128M Protects Tribal, Farm Lands
Despite the U.S. government moving into its third week of a shutdown, state and federal lawmakers continue to introduce — and approve — legislation toward advancing Native American rights and sovereignty. Law360 examines some of the state, federal and tribal legislation and policies introduced in the past week
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October 17, 2025
Lawmakers Press DOD To Undo Weapons Testing Office Cuts
Two Democratic lawmakers pushed the U.S. Department of Defense to explain and reverse funding, staff and program cuts for an independent office that evaluates weapons systems, saying they are concerned the cuts will waste tax dollars and put service members at risk.
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.