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Public Policy
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October 06, 2025
Justices Won't Review 5th Circ. Ending ACA Trans Policy Suit
The U.S. Supreme Court on Monday declined to review the Fifth Circuit's decision to shut down a challenge to a Biden-era interpretation of the Affordable Care Act's nondiscrimination-in-healthcare policy as also protecting against gender identity bias, which an appellate panel told a Texas court to dismiss in December.
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October 06, 2025
ICE Ordered To Halt Plan To Send Teens To Adult Facilities
A D.C. federal judge has ordered the Trump administration to halt an allegedly unlawful U.S. Immigration and Customs Enforcement plan to transfer unaccompanied immigrant youths to adult detention facilities as soon as they turn 18 years old.
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October 06, 2025
Justices Won't Revisit Apache Land Exchange Dispute
The U.S. Supreme Court won't reconsider its decision to deny an Apache nonprofit's petition that looked to block the transfer of nearly 2,500 acres to a copper mining company it said would destroy an ancient Indigenous worship site.
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October 06, 2025
High Court Skips Review Of ERISA Liability For DuPont Heirs
The U.S. Supreme Court has declined to consider whether DuPont heirs should be held liable for alleged Employee Retirement Income Security Act violations for inadequately funding a now-insolvent trust established in 1947 by their grandmother to pay them and their workers retirement benefits.
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October 06, 2025
Justices Skip Pa. GOP Challenge To Biden's Voting Order
The U.S. Supreme Court on Monday declined to take on Pennsylvania GOP lawmakers' challenge to former President Joe Biden's executive order expanding "get-out-the-vote" information, letting stand a ruling that the Republican politicians did not have standing to sue over the order.
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October 06, 2025
Justices Deny SEC Whistleblower Award Calculation Appeal
The U.S. Supreme Court on Monday declined to take up two whistleblowers' case alleging the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, after the pair argued the agency improperly and retroactively applied a rule amendment to dilute their awards.
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October 06, 2025
Supreme Court Declines To Revisit McGirt Tribal Jurisdiction
The U.S. Supreme Court declined to hear a Cherokee Nation member's challenge to his conviction over a speeding ticket issued by Tulsa, Oklahoma, police on Creek land that he argues runs afoul of the court's 2020 landmark decision holding that only federal and tribal governments can prosecute Native Americans on tribal lands.
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October 06, 2025
High Court Turns Down 6 Patent Cases At Start Of Term
The U.S. Supreme Court on Monday rejected six petitions in patent-related cases, taking some of its first actions on intellectual property matters this term.
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October 06, 2025
High Court Won't Take Up NY Tribal Eel Fishing Regs Dispute
The U.S. Supreme Court won't take up a Long Island tribe's petition that looks to undo a Second Circuit order that rejected its challenge to New York's regulations on eel fishing harvests, which argued that if the decision is upheld, it would give district courts gatekeeping roles on expert testimony.
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October 06, 2025
Justices Skip Fight Over NJ Healthcare Worker Vax Mandate
The U.S. Supreme Court said Monday it won't review the challenge by four New Jersey nurses to New Jersey Gov. Phil Murphy's executive orders in the first three months of 2022 mandating a COVID-19 vaccine booster for healthcare workers.
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October 06, 2025
Supreme Court Rejects Wash. State Climate Law Challenge
The U.S. Supreme Court on Monday rejected Ohio-based Invenergy Thermal LLC's challenge to Washington state's Climate Commitment Act, which the company alleged illegally favors in-state power providers.
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October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy
The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.
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October 03, 2025
1st Circ. Keeps Block On Trump's Birthright Citizenship Order
The First Circuit on Friday upheld blocks on President Donald Trump's executive order aiming to limit birthright citizenship, ruling in a sweeping 100-page opinion that the president's order is likely unconstitutional.
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October 03, 2025
Trump Election Case Could Be Axed Without New Prosecutor
A Georgia state judge on Friday said a new prosecutor must be appointed within two weeks in Fulton County's 2020 election interference case against President Donald Trump and his co-defendants or the case will be dismissed.
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October 03, 2025
Google Ad Tech Judge: 'We Don't Know' Breakup Buyer
A Virginia federal judge questioned Friday whether the breakup of Google's advertising placement technology business sought by the U.S. Department of Justice would benefit website publishers as a government witness asserted.
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October 03, 2025
Calif. Gov. Newsom Inks Bill To Let Lyft, Uber Drivers Unionize
California Gov. Gavin Newsom on Oct. 3 signed into law legislation giving gig drivers the right to unionize and negotiate certain job terms and conditions, after state leaders reached a deal with Uber and Lyft to facilitate its passage.
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October 03, 2025
Would-Be Kavanaugh Assassin Gets 8 Years In Prison
A Maryland federal judge on Friday handed an eight-year prison sentence plus a lifetime of supervised release to a Californian accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh, rejecting prosecutors' request that the defendant spend at least 30 years behind bars.
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October 03, 2025
Biden-Era Drilling Ban Memos Overstepped Law, Judge Says
A Louisiana federal judge handed a partial victory to Republican-led states and oil and gas industry groups in their lawsuits challenging now-rescinded Biden-era memos that closed off waters to offshore drilling, finding that the memos exceeded the president's authority.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
Press Freedom Org. Backs Overturn Of SEC 'Gag Rule'
The Freedom of the Press Foundation is urging the Ninth Circuit to reconsider its decision to uphold the U.S. Securities and Exchange Commission's "gag rule," arguing that preventing settling parties from speaking out harms the public's right to know what is happening inside the agency.
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October 03, 2025
FCC Hears Prison Phone Companies' Calls To Drop Rate Caps
The Federal Communications Commission wants to drop the rate caps that the previous administration's FCC set for prison phone services, according to an announcement Friday from the agency.
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October 03, 2025
Fed. Challenge To Ala. Pot Regulators Must Wait For State Suit
An Alabama federal judge has paused a prospective medical marijuana business's lawsuit that claims it was wrongfully denied a license in retaliation for litigation it initiated, saying he wants to see how things play out in a nearly identical state court case first.
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October 03, 2025
Feds Go To Bat For Menendez Cooperator Ahead Of Sentence
A key witness against former New Jersey U.S. Sen. Bob Menendez deserves lenience for "exceptional" cooperation in the bribery case, federal prosecutors told a New York federal judge ahead of sentencing.
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October 03, 2025
NY's Eel Fishing Limits Against Tribal Members Upheld
A New York federal judge ruled Friday that tribal members of the Shinnecock Indian Nation do not have aboriginal rights to fish, free from state regulation, in Shinnecock Bay on the South Shore of Long Island.
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October 03, 2025
Retailers Push For Rounding Law To Avert Penny Shortage
A coalition of major retail and restaurant trade associations has urged the leaders of congressional banking committees to quickly enact national legislation for cash transaction rounding in light of the end of U.S. penny production.
Expert Analysis
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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.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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The Int'l Compliance View: Everything Everywhere All At Once
Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.
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Opinion
Calif. Must Amend Trade Secret Civil Procedure
A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.