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Public Policy
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October 02, 2025
Rust-Oleum Buyers' $1.5M Greenwashing Deal Gets Final OK
A California federal judge on Thursday gave her final blessing to a $1.5 million settlement to a class of Rust-Oleum Corp. customers who accused the company of "greenwashing" its cleaning products with representations like "non-toxic" and "Earth Friendly," noting the deal provides significant monetary and nonmonetary benefits to the plaintiffs.
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October 02, 2025
Ill. Panel Rejects Challenge To Abortion Coverage Mandate
Illinois' mandate that health policies issued in the state cover abortion care does not violate an Illinois religious freedom law, a state appeals court ruled, rejecting a Baptist organization's claims that the mandate "substantially burdened" its religious beliefs per the Illinois Religious Freedom Restoration Act.
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October 02, 2025
Mass. Court Denies States' Bid To Block ACA Subsidy Cuts
A Massachusetts federal court has rejected a bid by a coalition of 21 states to stay implementation of a rule that will cut Affordable Care Act subsidies and enforce enrollment restrictions, saying the states hadn't shown imminent or irreparable harm from the policy's costs or possible coverage losses.
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October 02, 2025
Hegseth's New Whistleblower Memo Draws Criticism
Defense Secretary Pete Hegseth's memorandum instructing military department heads to work with the agency's inspector general to identify whistleblowers who submit multiple "frivolous" complaints has drawn the ire of a whistleblower group that says the move undermines independent oversight.
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October 02, 2025
Judge Orders ICE To Release Dreamer Detained For 2 Months
A Texas federal judge has told U.S. Immigration and Customs Enforcement that it must release a Mexican national who was brought to the U.S. unlawfully as a child and is protected from removal by the Deferred Action for Childhood Arrivals program.
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October 02, 2025
Justices To Hear Clash Over State Med Mal Laws In Fed. Court
The U.S. Supreme Court is scheduled to hear oral arguments Monday on whether a Delaware medical malpractice statute can be applied in federal court, in a case that is expected to offer legal guidelines for similar laws in 28 other states.
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October 02, 2025
Emory, Student Urged To Mediate Pro-Palestine Speech Suit
A Georgia federal judge on Thursday encouraged the parties to seek mediation in a Muslim Palestinian American student's suit alleging that her rights were violated when she was suspended from Emory University's medical school after expressing support for Palestinians in Israel's attacks on Gaza.
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October 02, 2025
Energy Dept. Cancels $7.5B In Blue State Project Awards
The U.S. Department of Energy said it's terminating over $7.5 billion in grants for energy projects, which are primarily clean energy projects located in blue states and include a regional hydrogen hub in California slated to receive a $1.2 billion funding commitment.
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October 02, 2025
Oregon Cannabis Wholesaler Challenges Interstate Sales Ban
An Oregon marijuana and hemp wholesaler alleged in a new federal lawsuit Wednesday that a state law prohibiting interstate sales of locally cultivated cannabis is unconstitutional.
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October 02, 2025
Wis. E-Cig Law Treads On FDA's Turf, Vape Cos. Tell 7th Circ.
A group of vaping interests is urging the Seventh Circuit to issue an order blocking enforcement of a new Wisconsin law prohibiting the sale of e-cigarettes not approved by federal regulators, saying the district court was wrong in finding that the law is not preempted by the Food, Drug, and Cosmetic Act.
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October 02, 2025
Experts Flag Rare Cooperation Level In Conn. Corruption Case
Former Connecticut state budget official Konstantinos Diamantis faces jury selection Friday for charges of soliciting and accepting bribes connected to school construction projects, plus likely testimony from three construction company leaders who swiftly signaled their cooperation with the government in a manner some local experts found unique.
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October 02, 2025
DOJ Beats Heritage Foundation Suit Over Hunter Biden Docs
A Delaware federal judge has ruled against The Heritage Foundation in its Freedom of Information Act suit against the U.S. Department of Justice regarding documents withheld detailing the investigation of Hunter Biden, saying the government "adequately established" that harm would result from releasing the records.
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October 02, 2025
Comey's 1st Task: Decoding A Cryptic Indictment
The criminal indictment of James B. Comey is unusually sparse for such a high-profile matter, leaving open questions for the ex-FBI director to probe that could shed more light on how the government intends to prove its case and create potential lines of attack for the defense, experts say.
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October 02, 2025
Court Warned Of Harm From Delaying Medical Device Merger
A D.C. federal court refused to pause the Federal Trade Commission's case challenging Edwards Lifesciences Corp.'s planned acquisition of JenaValve Technology Inc. during the government shutdown after the companies argued that "time is of the essence" for a new lifesaving medical device.
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October 02, 2025
Arnold & Porter Bolsters DC Team With Energy Policy Adviser
Arnold & Porter Kaye Scholer LLP has hired the former executive director of government affairs for the Americas and of U.S. federal relations at Air Products, an industrial gas company that works with clients in a range of industries, the firm announced Wednesday.
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October 02, 2025
Feds, Mont. Tribe Dispute $325K Law Enforcement Contract
The Interior Department and the Northern Cheyenne Tribe are both asking for summary judgment wins in a dispute over law enforcement funding after the tribe accused the U.S. government of failing to provide it with adequate services to maintain programs on its 440,000-acre Montana reservation.
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October 02, 2025
Calif. Law Updates Rules For Tax-Defaulted Property Sales
California has enacted a measure conforming the process of selling tax-defaulted property to a 2023 U.S. Supreme Court decision finding Minnesota violated the Fifth Amendment by keeping proceeds from a foreclosure sale that exceeded a tax debt.
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October 02, 2025
Snapshot: Delaware Expands Scope Of Anti-SLAPP Law
Delaware's governor recently signed into law expanded protections against lawsuits meant to discourage public participation and speech, including broadening whose speech is protected and requiring those who do file such suits to possibly pay attorney fees and damages.
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October 02, 2025
Wis. Bill Seeks Awards For Tax Tip-Offs In Construction Biz
Wisconsin would authorize monetary awards for people who provide information to the state Department of Revenue about construction industry employers believed to be violating state tax laws under a bill introduced in the state Assembly.
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October 01, 2025
States Say DOJ Can't Tie Victim Service Funds To Immigration
Several state attorneys general sued the U.S. Department of Justice in Rhode Island federal court Wednesday over new restrictions prohibiting them from using federal funding that supports crime victims to provide services to "removable aliens," in violation of the Administrative Procedure Act and the U.S. Constitution's spending clause.
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October 01, 2025
FTC Halts Fraud Complaints, Spam Call Help Amid Shutdown
The Federal Trade Commission said Wednesday that none of its mechanisms for reporting fraud, including identity theft, will be available to consumers while the federal government is shut down, nor will the National Do Not Call Registry be operational for consumers or telemarketers.
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October 01, 2025
Ga. High Court Says State Can Kill Right Of Way Contracts
Georgia can cancel right of way contracts with broadband providers any time it wants — and so can the broadband providers, the Supreme Court of Georgia has ruled in a decision hearkening back to a century-old precedent that says contracts with no end date can be canceled whenever.
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October 01, 2025
SEC Gives Crypto Custody Nod To State Trust Companies
The U.S. Securities and Exchange Commission staff has assured registered investment advisers and certain fund issuers they won't risk an enforcement action by using state trust companies as cryptocurrency custodians in a move that some praised as widening access to more crypto-savvy custody options and others decried as an erosion of custody rules.
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October 01, 2025
Trump Taps Federal Immigration Judge As Next Wash. US Atty
Federal Immigration Judge Charles Neil Floyd has reportedly been selected by President Donald Trump as the next U.S. attorney for the Western District of Washington.
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October 01, 2025
Contractors Must Record Shutdown-Related Losses, Attys Say
Government contractors risk losing money due to the shutdown in Washington, D.C., and experts told Law360 that contractors must be diligent about documenting the costs they incur for project delays, stop-work orders and other interruptions to their work.
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.