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Public Policy
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October 08, 2025
Big Banks' Gain Could Be Small Banks' Pain, Fed's Barr Says
Federal regulators' plans to ease capital rules and other supervisory safeguards at big banks may jeopardize financial stability and leave community banks to pick up the pieces if something goes wrong, Federal Reserve Gov. Michael Barr warned in a speech Wednesday.
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October 08, 2025
5th Circ. Wary Of TitleMax Affiliate's Aim To Skip Usury Case
A Fifth Circuit panel appears skeptical of a TitleMax affiliate's argument that it should get to escape the Pennsylvania Department of Banking and Securities usury case alleging the affiliate breached state law, saying Wednesday the proceedings looked like typical state police power.
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October 08, 2025
Senate IP Leader Plans Push To Pass Patent Eligibility Bill
Sen. Thom Tillis, R-N.C., the leader of the Senate's intellectual property subcommittee, said Wednesday that before he leaves Congress in just over a year, one of his primary goals will be to advance his long-gestating bill to make more inventions eligible for patents.
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October 08, 2025
ICE Can't Use Force Vs. Ill. Press, Peaceful Protesters, Judge Says
An Illinois federal judge said Wednesday that she will temporarily restrain federal agents from using allegedly violent silencing tactics against press and peaceful protesters, and she won't limit her order to the detention facility U.S. Immigration and Customs Enforcement operates in the Chicago suburb of Broadview.
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October 08, 2025
Kalshi Fights Ohio Ban As Pa. Flags Sports Betting Loophole
The clash between state gaming regulators and federally regulated platforms offering sports wagers continued this week as Kalshi sued Ohio agencies over a directive to shut down its sports event contracts, while Pennsylvania's Gaming Control Board warned Congress that prediction markets broadly "create a backdoor to legalized sports betting."
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October 08, 2025
'I Don't Want To Be A Referee,' Google Search Judge Says
A D.C. federal judge faced the prospect Wednesday of years more involvement in the U.S. Justice Department's case against Google's search monopoly, saying during a hearing that he's trying to balance avoiding being a "referee" for his remedies decision while preventing "misuses" of data sharing and search syndication mandates.
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October 08, 2025
North Dakota To Issue Stablecoin Through State-Owned Bank
North Dakota on Wednesday announced plans to issue its own stable-value token through a partnership between fintech Fiserv Inc. and the state-owned Bank of North Dakota.
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October 08, 2025
Firm Owner Benefited From Ex-Official's Help, Jury Hears
A construction management firm owner who claimed she felt pressured to pay Kosta Diamantis and to hire the Connecticut budget official's daughter also accepted business advice and landed government contracts with Diamantis' assistance, helping the fledgling company she launched without much experience, the official's attorney argued Wednesday.
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October 08, 2025
Welder Asks Fla. High Court To Revive Whistleblower Claims
A welder mechanic asked the Florida Supreme Court on Wednesday to revive his whistleblower retaliation claims against his former employer, Gulf Power Co., arguing that state law requires only that he reasonably believed a violation of law or regulation occurred, not that he have to prove an actual violation.
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October 08, 2025
SoCal City Can't End Contract Dispute With Cannabis Co.
A Southern California municipality cannot escape a multi-year legal battle over a controversial exclusive cannabis transport deal it made with Rukli Inc., a Los Angeles County judge has ruled, saying if the current contract is "void," as the city argues, then the original is revived.
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October 08, 2025
Oil Terminal Sale May Tank Conn. Climate Suit, Judge Hints
A Connecticut federal judge appeared sympathetic Wednesday to Pike Fuels' argument that an environmental nonprofit is not suing the correct party over alleged permit violations at a bulk storage and fuel terminal in New Haven, since the defendant sold the facility at issue more than a year ago.
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October 08, 2025
Calif. Mandates Browser Ad Tracking Opt-Out In US First
California Gov. Gavin Newsom signed a bill Wednesday that requires browser developers to offer a digital tool enabling consumers to more easily opt out of online behavioral advertising throughout the web, making the Golden State the first in the nation to enact the regulations.
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October 08, 2025
PTAB's Petitions Data Shows Decrease In Multiple Challenges
The Patent Trial and Appeal Board has adjusted the way it calculates how many patents are subject to repeated scrutiny, a pet issue of agency leadership, releasing data Wednesday that says over half of challenges are "one of multiple petitions" filed against the same patent.
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October 08, 2025
Gov't Shutdown Essentially 'Freezes' IPO Market, Attys Say
While the U.S. Securities and Exchange Commission technically remains open during the ongoing government shutdown that has now exceeded one week, staffing shortages have made it increasingly difficult for companies to launch initial public offerings, leaving them with few options.
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October 08, 2025
5th Circ. Says Some NOLA Rental Rules Are Unconstitutional
A Fifth Circuit panel partially revived a proposed class action filed by homeowners and two companies challenging New Orleans' short-term rentals regulations, ruling in a published opinion that some of the regulations are unconstitutional.
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October 08, 2025
Judge Rejects Feds' Bid To Reassign USPTO Union Cases
A D.C. federal judge has rejected the Trump administration's claim that suits by unions representing employees of the U.S. Patent and Trademark Office challenging an executive order ending their collective bargaining rights are not related to similar cases before him.
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October 08, 2025
Group Claims Mich. 24% Pot Tax Enacted Unlawfully
Michigan's impending wholesale marijuana tax was approved by lawmakers unlawfully, an industry group alleged, saying the legislation signed by Gov. Gretchen Whitmer authorizing the tax did not have the votes of three-fourths of the majorities required in each legislative chamber.
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October 08, 2025
AFL-CIO Opposes Draft Senate Crypto Bill
A major labor organization, the AFL-CIO, has come out against a Republican draft bill on crypto market structure, saying the draft lacks "meaningful safeguards."
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October 08, 2025
Federal Court Tosses Challenge To DC Cannabinoid Rule
A lawsuit seeking to upend Washington, D.C.'s statutes that placed hemp products containing delta-9 THC into same category as marijuana was dismissed on Wednesday when a federal judge ruled that a hemp retailer, who filed the suit after its shop was shut down, totally misunderstood the "2018 Farm Bill and its impact on D.C. law."
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October 08, 2025
11th Circ. Urged To Keep Ga.'s E-Commerce Regs On Ice
Internet trade group NetChoice urged the Eleventh Circuit Wednesday to leave in place an injunction that for more than a year has kept Georgia from enforcing new requirements on e-commerce platforms, arguing the state's law tries to push past a regulatory "ceiling" already imposed by federal law.
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October 08, 2025
FCC Wants Caller ID Expanded In Anti-Robocall Regs
The Federal Communications Commission will consider expanding the data that consumers receive on caller ID displays as part of a wider effort to stamp out scam robocalls from overseas.
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October 08, 2025
Trump Admin Cites Shutdown In Bid For CFPB Case Delay
Amid growing calls for the full D.C. Circuit to revisit a recent panel ruling that would allow mass layoffs at the Consumer Financial Protection Bureau, the Trump administration is asking for a pause in the case until after the government shutdown is over.
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October 08, 2025
Power Cos. Want In On Challenge To W.Va. Regional Haze Plan
American Electric Power Co. Inc. and FirstEnergy Corp. subsidiaries are asking the Fourth Circuit to uphold a federally approved air quality plan for West Virginia that spared their facilities from some potentially expensive upgrades.
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October 08, 2025
Justices Probe Standing In Suit Over Ill. Ballot Counting
The U.S. Supreme Court on Wednesday appeared open to reviving an Illinois congressman's suit challenging the state's policy of counting certain ballots after Election Day, with several justices pressing counsel for the state to address whether its position would require courts to analyze a candidate's potential success in an election to determine their standing to sue.
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October 08, 2025
Black Atty Hits Ga. Public Defender Council With Bias Suit
The Georgia Public Defender Council and chief public defender in the Atlanta Judicial Circuit were sued by a former assistant public defender who claimed he was fired and faced an "unwarranted" bar complaint after expressing concerns about a demotion that would deprive his unit of its "sole Black male attorney."
Expert Analysis
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Asbestos Trusts And Tort Litigation Are Still Not Aligned
A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.
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Opinion
Closing The Chemical Safety Board Is A Mistake
The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.
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The Evolving Legal Landscape For THC-Infused Beverages
A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.
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New NY Residential Real Estate Rules May Be Overbroad
New legislation imposing a 90-day-waiting period and tax deduction restrictions on certain New York real estate investors may have broad effects and unintended consequences, creating impediments for a wide range of corporate and other transactions, says Libin Zhang at Fried Frank.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
PFAS Reg Reversal Defies Water Statute, Increasing Risks
The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.
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FTC Focus: Surprising Ways Meador And Khan Sound Alike
Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
Privacy Bill Must Be Amended To Protect Small Businesses
While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.
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Opinion
Budget Act's Deduction Limit Penalizes Losing Gamblers
A provision in the One Big Beautiful Bill Act that reduces the deduction for gambling losses is unfair to professional and recreational players, risks driving online activity to offshore sites, and will set back efforts to legalize and regulate the industry, says Walter Bourdaghs at Kang Haggerty.
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Even As States Step Up, They Can't Fully Fill CFPB's Shoes
The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant CFPB, say attorneys at Covington.