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Public Policy
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									October 31, 2025
									3 Argument Sessions Benefits Attys Should Watch In Nov.The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November. 
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									October 31, 2025
									FERC Faces DC Circ. Fight Over Pipeline Project RevivalEnvironmental and homeowner groups have asked the D.C. Circuit to drop the Federal Energy Regulatory Commission's reauthorization of a previously abandoned pipeline upgrade project in the Northeast, saying the agency can't simply restore an approval it issued six years ago. 
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									October 31, 2025
									Mich. Judge DQs Lawyer Over Firm's Suspended FounderAn attorney working for a recently suspended lawyer cannot appear in a Michigan federal case because his boss's discipline bars any of his associates from practicing in the Wolverine state, a judge ruled Friday. 
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									October 31, 2025
									IBEW Locals Fight Ouster Of Unions At DOE, DOIPresident Donald Trump wasn't allowed to revoke the union status of electricians, linemen and plant operators at the Departments of Energy and the Interior, a group of union locals told a D.C. federal court, saying federal labor law enshrines their right to remain union-represented. 
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									October 31, 2025
									FCC Plans To Drop More Regs Covering 'Obsolete' TechsWhen the Federal Communications Commission convenes for its monthly meeting in November, it will vote on a measure that would nix nearly two dozen more rules that the agency has deemed obsolete in one fell swoop. 
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									October 31, 2025
									Both Sides Claim Victory In Calif. Tribal Gaming Rights FightA federal judge says the U.S. Department of the Interior's decision to temporarily nix gaming eligibility for a proposed $700 million casino project violated a California tribe's due process rights, but both sides are claiming victory as claims of violations of the Administrative Procedure Act and Fifth Amendment against the federal agency were also dismissed. 
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									October 31, 2025
									Industry Groups Seek More Time To Comment On PTAB RulesA coalition of organizations representing the technology, automotive and pharmaceutical sectors has urged U.S. Patent and Trademark Office Director John Squires to allow 30 additional days of public comments regarding new proposed rules that would curtail the number of Patent Trial and Appeal Board reviews. 
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									October 30, 2025
									DC Circ. Judge Asks If Disputed Nuclear Rules 'Ignore Future'The D.C. Circuit asked the U.S. Nuclear Regulatory Commission whether it was "reasonable to ignore the future" when conducting environmental assessments for nuclear power plant license renewals during oral arguments Thursday morning. 
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									October 30, 2025
									Michigan Tax Foreclosure Deal At Risk As Deadline LoomsProperty owners on Wednesday asked a Michigan federal judge to undo the initial approval of a settlement reached with counties accused of illegally keeping the proceeds of tax-foreclosed home sales, saying the counties' delay in providing information will force claimants to miss a deadline to choose how they want to recover their share. 
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									October 30, 2025
									Security Camera Co. May Have Chinese Govt. Ties, Paxton SaysTexas Attorney General Ken Paxton said Wednesday he has opened an investigation into Lorex Technology Inc., a seller of Wi-Fi security cameras, for its possible sale of cameras linked to a system associated with the Chinese Communist Party 
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									October 30, 2025
									Philly Accuses PBMs Of Knowingly Enabling Opioid CrisisPhiladelphia on Thursday sued CVS Caremark, Express Scripts and Optum, accusing the pharmacy benefit managers of contributing to the city's opioid epidemic via deceptive marketing and conspiring with drugmakers to increase the sale of OxyContin and other prescription opioids. 
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									October 30, 2025
									11th Circ. Says Fla. Properties Can't Satisfy Venezuela DebtThe Eleventh Circuit has refused to revive litigation aimed at enforcing $43.4 million worth of defaulted Venezuelan bonds by seizing control of various Miami properties allegedly controlled by a wealthy businessman accused of bribing Venezuelan officials, saying there was no jurisdiction. 
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									October 30, 2025
									11th Circ. Upholds Deportation Over Child-Neglect ConvictionThe Eleventh Circuit on Thursday upheld the deportation of a Chilean green card holder who pled guilty to violating a Florida law criminalizing child neglect, finding the offense qualifies as a deportable crime under the federal Immigration and Nationality Act. 
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									October 30, 2025
									USA Fencing Let Trans Athletes In Women's Events, Suit SaysThree women fencers, including a member of the 2024 U.S. Olympic team, accused their sport's national governing body of discriminating against them by allowing transgender female athletes to participate in women's competitions. 
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									October 30, 2025
									ACLU Fights ICE's Alleged Warrantless Arrest PracticesA federal judge had questions about the reason to have a two-day preliminary injunction at the start of the hearing in Colorado federal court Thursday in a proposed class action against U.S. Immigration and Customs Enforcement and others claiming the agency is conducting warrantless arrests without probable cause. 
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									October 30, 2025
									Small Biz Groups Seek Quick Win In CFPB Lending Data FightA coalition of consumer-aligned advocacy groups is seeking summary judgment in Washington, D.C., federal court in their suit aiming to compel the Consumer Financial Protection Bureau to implement a 15-year-old Congressional mandate to collect lending data for women- and minority-owned small businesses. 
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									October 30, 2025
									Med Robot Co. Tells 9th Circ. Not To Revive 'Disfavored' SuitIntuitive Surgical urged the Ninth Circuit not to revive a surgical repair company's claims alleging it blocked third parties from refurbishing components for its popular da Vinci surgery robot, defending the district court's findings that cases alleging anticompetitive harm to a single brand aftermarket are "rare and disfavored." 
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									October 30, 2025
									Squires' National Security Fears Over RPIs Draw SkepticismU.S. Patent and Trademark Office Director John Squires has started requiring patent challengers to disclose all real parties in interest when filing their initial Patent Trial and Appeal Board petitions, building on his policies to limit such challenges and citing concerns over national security. 
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									October 30, 2025
									Judge Says FCA Qui Tam Provisions Don't Violate ConstitutionA Wisconsin federal judge has rejected Wisconsin Bell's attempt to shutter a whistleblower's claims it overcharged schools and libraries for connectivity services provided under the federal E-Rate program by arguing the False Claims Act's qui tam provisions are unconstitutional. 
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									October 30, 2025
									FDIC's Hill Says Deposit Insurance Boost May Not Raise CostsThe Federal Deposit Insurance Corp.'s top official said at his Thursday confirmation hearing that a targeted increase in his agency's coverage limits could dampen depositor run risk without necessarily requiring it to charge all banks more for the extra protection. 
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									October 30, 2025
									GOP Senator Floats Fair Access Bill In 'Debanking' PushSen. Thom Tillis, R-N.C., introduced draft legislation Thursday that he says builds on an earlier attempt to prevent banks from blocking conservatives or disfavored industries from opening accounts, proposing the creation of a fair access standard that allows regulators and attorneys general to sue noncompliant banks. 
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									October 30, 2025
									Trade Deals At Risk In Trump Tariff Case, Feds Tell JusticesThe federal government told the U.S. Supreme Court on Thursday that President Donald Trump's global tariffs have led to significant trade deals addressing the underlying national emergencies he declared, and a ruling determining them unlawful would prove catastrophic. 
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									October 30, 2025
									FCC Dem Concerned About Broadband 'Bridge To Nowhere'The Federal Communications Commission's lone Democrat said Thursday she's worried the government will end up building a "bridge to nowhere" by leaning too heavily on broadband deployment projects at the expense of connectivity aid. 
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									October 30, 2025
									Wash. Justices Debate Judge's Future Amid Court DiscordThe Washington Supreme Court on Thursday asked about the practical effect of returning a suspended municipal judge to the bench, probing whether there's any evidence that Judge Tracy S. Flood and staff of the Bremerton Municipal Court would be able to avoid further discord and subsequent impacts on litigants if she went back to her post. 
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									October 30, 2025
									Washington Pot Board Says Racial Bias Claims Nothing NewThere is nothing new about accusations that the Washington State Liquor and Cannabis Board disproportionately favored white applicants over minorities when issuing marijuana licenses, state regulators told a federal court, arguing that a Black entrepreneur's public advocacy renders untimely his lawsuit over a license denial. 
Editor's Picks
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									Trump's Legal BattlesStates, 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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								CFIUS Trends May Shift Under 'America First' Policy  The arrival of the Committee on Foreign Investment in the United States' latest annual report suggests that the Trump administration's "America First" policy will have a measurable effect on foreign investment, including improved trendlines for investments from allied sources and increasingly negative trendlines for those from foreign adversary sources, say attorneys at Debevoise. 
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								How Gov't May Use FARA To Target 'Domestic Terrorism'  After the Trump administration’s recent memo directing law enforcement to use the Foreign Agents Registration Act to prosecute domestic terrorism, nonprofit organizations receiving funding from foreign sources must assess their registration obligations under the statute, say attorneys at Pillsbury. 
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								What's Changing For Cos. In New Calif. Hazardous Waste Plan  While the latest hazardous waste management plan from California's Department of Toxic Substances Control still awaits final approval, companies can begin aligning internal systems now with the plan's new requirements for environmental justice, waste and disposal reduction, waste criteria, and capacity planning, says Thierry Montoya at Frost Brown. 
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								What CFTC Push For Tokenized Collateral Means For Crypto  The Commodity Futures Trading Commission's recent request for comment on the use of tokenized products as collateral in derivatives markets signals that it is expanding the scope and form of eligible collateral, and could broaden the potential use cases for crypto-assets held in tokenized form, say attorneys at Dechert. 
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								H-1B Fee Guidance Is Helpful But Notable Uncertainty Persists  Recent guidance narrowing the scope of the $100,000 entry fee for H-1B visas will allow employers to plan for the hiring season, but a lack of detail about the mechanics of cross-agency payment verification, fee exemptions and other practical matters still need to be addressed, say attorneys at Klasko Immigration Law Partners. 
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								Navigating EPA Compliance As Gov't Shutdown Continues  As the federal government shutdown drags on, industries regulated by the U.S. Environmental Protection Agency can expect application and permitting delays, limited guidance from EPA personnel regarding compliance matters, and stalled court proceedings — but there are strategies that can help companies deal with these problems, says Lauren Behan at Goldberg Segalla. 
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								State Of Insurance: Q3 Notes From Pennsylvania  Todd Leon at Marshall Dennehey discusses three notable Pennsylvania auto insurance developments from the third quarter, including the Third Circuit weighing in on actual cash value, a state appellate court opining on the regular use exclusion and state legislators introducing a bill to increase property damage minimums. 
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								How Calif. Zoning Bill Is Addressing The Housing Crisis  The recently signed S.B. 79 represents a significant step in California's ongoing efforts to address the housing crisis by upzoning properties near qualifying transit stations in urban counties, but counsel advising on S.B. 79 will have to carefully parse eligibility and compliance with the bill and related statutes, says Jennifer Lynch at Manatt. 
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								Series Practicing Stoicism Makes Me A Better Lawyer  Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer. 
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								How Courts Treat Nonservice Clauses For Financial Advisers  Financial advisers considering a job change should carefully consider recent cases that examine controlling state law for nonservice and nonacceptance provisions to prepare for potential legal challenges from former firms, says Andrew Shedlock at Kutak Rock. 
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								Series The Biz Court Digest: Texas, One Year In  A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker. 
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								UPEPA Case Tackles Fans' Interactions With Public Figures  A New Jersey Superior Court's granting of an order to show cause seeking dismissal against New York Jets cornerback Ahmad "Sauce" Gardner may carry broad implications for the state's Uniform Public Expression Protection Act, say attorneys at Gordon Rees. 
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								AG Watch: Illinois A Key Player In State-Level Enforcement  Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman. 
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								Border Czar Bribery Probe Spotlights 'Public Official' Scope  Reports that border czar Tom Homan allegedly accepted cash from a federal agent prior to his appointment raise important questions for government contractors about when a private citizen can be prosecuted as a public official under federal bribery laws, say Gregory Rosen at Rogers Joseph and Jason Manning at Levy Firestone. 
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								Series Law School's Missed Lessons: Educating Your Community  Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson. 
