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Public Policy
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October 08, 2025
WilmerHale Appoints Ex-DOJ Division Head As Dept. Leader
WilmerHale announced on Wednesday that the former leader of the U.S. Department of Justice's Civil Division will lead its regulatory and government affairs department at the start of 2026 after rejoining the firm earlier this year.
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October 08, 2025
Conn. High Court OKs DNA Taken From Trash Sans Warrant
In a decision setting standards for privacy, Connecticut's highest court upheld the conviction of a man sentenced to 72 years in prison for a series of 1984 home invasion sexual assaults, finding that police were allowed to take his trash to obtain DNA without a warrant.
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October 08, 2025
Black NC Voters Take Redistricting Case To 4th Circ. Again
Two Black voters have urged the Fourth Circuit to hear as soon as possible their case alleging the North Carolina General Assembly unlawfully redrew state senate districts in a way that diluted the voting power of Black residents.
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October 08, 2025
Biz Groups Back Ariz. Land Swap Amid 9th Circ. Appeal
The U.S. Chamber of Commerce and a slew of mining associations are backing the federal government's efforts to nix a Ninth Circuit appeal that looks to block the transfer of more than 2,500 acres within Arizona's Tonto National Forest to a copper mining company.
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October 08, 2025
DOJ Asks For Stay In PVC Antitrust Case Amid Criminal Probe
The U.S. Department of Justice is asking an Illinois federal court to pause discovery in a case accusing polyvinyl chloride pipe manufacturers of using a commodity pricing service to exchange information and fix prices while a grand jury investigates the alleged activity.
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October 08, 2025
Denver Attorney Returns To Reed Smith State Tax Team
Reed Smith is expanding its tax practice with the return of an experienced attorney, now based in Denver, with multistate experience in the full spectrum of tax issues.
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October 08, 2025
Comey Pleads Not Guilty, Will Contest US Atty's Appointment
Former FBI Director James Comey pled not guilty Wednesday to one count of false statements and another count of obstructing a congressional hearing, appearing in a Virginia federal courthouse for the first time after a shake-up at the U.S. attorney's office netted a grand jury indictment last month.
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October 07, 2025
Panel Said Congress Was 'Feckless,' 6th Circ. Told In FCC Row
The Sixth Circuit should agree to a full court reconsideration of a panel's decision to back the Federal Communications Commission's expanded data breach notifications for telecom carriers, says a conservative legal organization that believes the panel assumed Congress was legislating "fecklessly."
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October 07, 2025
Wash. Spam Email Law Is Unconstitutional, Retailers Say
Beauty retail giant Ulta and home improvement retailer Home Depot argued last week in separate cases that Washington state's Commercial Electronic Mail Act is unconstitutional and preempted by federal law as they seek to shed proposed consumer class actions claiming their promotional emails were misleading.
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October 07, 2025
Attys Urge Mass. Courts To Protect Immigrants' Court Access
Civil rights lawyers urged the Massachusetts trial court system to better protect migrants' due process rights amid increasing arrests by federal immigration officers inside and outside courthouses, saying Tuesday the court is "well within its right" to do so.
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October 07, 2025
Ex-Housing Chief's Lawyers Want Out Of Conn. Fraud Suit
Connecticut-based Spears Manning & Martini LLC has asked a state court to allow the firm to stop representing a former municipal housing authority chief in litigation accusing him of fraud and financial misconduct, pointing to a "breakdown in the attorney-client relationship."
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October 07, 2025
Ex-Prisoners Push Back On Bid To Decertify Debit Card Class
Former prisoners accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards have pushed back on the bank's effort to undo their certified class, arguing they were subject to a "uniform pattern of conduct" that forced them to accept the cards.
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October 07, 2025
Cabinetry Co. Refiles $3.6B Merger To Give FTC More Time
Kitchen cabinet and vanity manufacturer American Woodmark Corp. has withdrawn and refiled its intent to merge with MasterBrand in a $3.6 billion deal in order to give the Federal Trade Commission more time to scrutinize the deal for competition concerns.
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October 07, 2025
Goldstein's $968K Border Cash Claim To Be Admitted At Trial
A Maryland federal jury will hear claims from prosecutors that SCOTUSblog publisher Tom Goldstein told Dulles International Airport border guards that the $968,000 in cash he brought into the country in 2018 had been gambling winnings, after a judge shot down his efforts to suppress his alleged statements Tuesday.
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October 07, 2025
3rd Circ. Says State Lawmakers Mostly Immune From TCPA
State legislators in certain instances can make robocalls if they want, the Third Circuit has declared after finding that the Telephone Consumer Protection Act's ban on automated and prerecorded texts and calls without consent doesn't apply to them.
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October 07, 2025
Ex-Conn. Official Says Contractor Was The One Seeking Cash
The first witness in a federal corruption case against former Connecticut budget official Kosta Diamantis is a repeat liar who misled his own masonry company's president into advancing his personal year-end bonus, which he used to leverage family connections and seek the government's favor, Diamantis' attorney suggested Tuesday during cross-examination.
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October 07, 2025
Hemp Retailer Sues Ohio Police Department Over Seizure
An Ohio police department seized more than half a million dollars' worth of hemp using a bad search warrant claiming that the hemp, which is legal, was marijuana, the hemp retailer told a federal court Monday.
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October 07, 2025
Puerto Rico Utility Bondholders Pull Out Of Reorg Deal
A group of Puerto Rico Electric Power Authority bondholders Tuesday informed a bankruptcy judge that they were following through on a promise to exit a restructuring agreement and join other bondholders in supporting an alternative bankruptcy plan for PREPA.
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October 07, 2025
1st Circ. Left In Limbo Over FCC's Prison Phone Rate Caps
First Circuit judges Tuesday questioned the Federal Communications Commission's turnabout in defense of its Biden-era prison phone rate caps and were unsure how to construct a legal ruling with the FCC poised to vote on a policy makeover within weeks.
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October 07, 2025
DC, 18 States Back Campaign Spending Caps At High Court
The District of Columbia and 18 states urged the U.S. Supreme Court on Monday not to lift caps on the amount political parties may spend in coordination with candidates for federal office, saying state-level campaign finance regulations could be destabilized.
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October 07, 2025
Quiet Down! Calif. Law Targets Loud Streaming Platform Ads
California enacted a new law Monday requiring video streaming services such as Netflix and Hulu to curb the volume on television commercials, making it the first state to issue regulations on commercial noise for streaming services.
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October 07, 2025
FAA Drone Rule Draws Over 1M Comments As Public Weighs In
Complex safety certification, technological and other security requirements are among the issues that U.S. regulators must still iron out before a long-awaited new rule allowing drones to fly beyond the sight line of their operators can truly take off, according to drone companies, aviation and other industry groups.
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October 07, 2025
Drug Tax Outdoes Biblical Punishment, 5th Circ. Judge Says
A Fifth Circuit panel pressed the U.S. Department of Health and Human Services to justify the basis for the Medicare drug pricing program's steep excise tax, asking Tuesday whether the government had ever levied a higher tax in the nation's history.
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October 07, 2025
9th Circ. Rejects 'Kitchen Sink' Challenge To Vaccine Mandate
A Ninth Circuit panel on Monday upheld a lower court's rejection of a lawsuit brought by dozens of former employees of a nonprofit healthcare system who claimed Washington state's requirement that healthcare workers be vaccinated against COVID-19 violated their statutory and constitutional rights.
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October 07, 2025
Colo. Panel Weighs School's Liability In 2019 Shooting
Colorado appellate judges on Tuesday asked attorneys representing the parents of a student who was killed during a school shooting and the school itself how to interpret a state law that allows schools to be held liable for school shootings.
Expert Analysis
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Unpacking The BIS Guidance On Chinese AI Chip Use
In response to May guidance from the Bureau of Industry and Security, which indicates the agency considers a wide but somewhat unclear range of activities involving Chinese integrated circuits to be in violation of its General Prohibition 10, companies should consider adopting enhanced due diligence to determine how firm counterparties may be using the affected chips, says Peter Lichtenbaum at Covington.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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How New Texas Law Targets ESG Proxy Advice
A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.
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8 Compliance Team Strategies To Support Business Agility
Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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Annual Report Shows CFIUS Extending Its Reach In 2024
The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.
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Trump Tax Law's Most Impactful Corp. And Individual Changes
The One Big Beautiful Bill Act built on and reshaped elements of the Tax Cuts and Jobs Act, including business interest deductions, bonus depreciation and personal income relief, delivering substantial changes to both corporate and individual tax policy, say attorneys at Weil.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Trump Tax Law's Most Consequential International Changes
The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.