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Public Policy
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October 15, 2025
Feds Seek To Block Pot Legalization Talk In Maine Drug Trial
Federal prosecutors have asked a Maine federal judge to bar any discussion of medical or recreational marijuana legalization in the state from an upcoming trial of persons accused of illegally growing cannabis.
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October 15, 2025
Sen. Panel To Consider Bill Meant To Curb Foreign Scam Calls
A U.S. Senate committee later this month will consider a bill to direct Federal Communications Commission resources toward reducing spam robocalls originating overseas.
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October 15, 2025
Mich. AG Urges Justices To Leave Enbridge Suit In State Court
Michigan's attorney general has asked the U.S. Supreme Court to strictly enforce the statutory deadline for transferring a case to federal court and refuse Enbridge Energy LP's entreaties to move her lawsuit seeking to shut down a pipeline out of state court.
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October 15, 2025
UNC Fights Ex-Provost's Bid To Access Trustee Devices
The University of North Carolina at Chapel Hill urged a state court to deny an ex-provost's request to expedite discovery in an open meetings lawsuit that implicated the hiring of UNC football coach Bill Belichick, panning the ask as a mere "fishing expedition."
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October 15, 2025
Ex-WH Ethics Attys Slam 'Vindictive' Comey, James Charges
Three former White House ethics attorneys have filed complaints with the U.S. Department of Justice over what they call the "vindictive and meritless" criminal prosecutions of former FBI Director James Comey and New York Attorney General Letitia James.
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October 15, 2025
Florida Accused Of Hiding Info On Detention Center Grant
A nonprofit focused on protecting the Everglades has accused the Florida Division of Emergency Management of breaking the state's laws by refusing to provide information about federal grant funding for the "Alligator Alcatraz" immigration detention center.
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October 15, 2025
Ethics Probe Of 2 Mich. Judges Recommended For Dismissal
A retired Michigan judge overseeing an ethics probe of two state judges stemming from a dispute over a bike rental on Mackinac Island have recommended dismissing the complaints, determining that the judges did not commit misconduct and questioning why the matter led to a formal complaint.
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October 15, 2025
Some Federal Workers Win Quick Block On Shutdown Layoffs
A California federal judge on Wednesday granted a request from two unions representing thousands of federal workers to immediately block the Trump administration from laying them off during the government shutdown, saying she believes the plaintiffs will show that "what's being done here is both illegal and is in excess of authority."
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October 15, 2025
Oregon, Groups Seek Dam Changes For Columbia River Basin
The state of Oregon and several conservation groups asked a federal court to order changes to hydropower dam operations in the Columbia River Basin that they say will reduce harm to endangered salmon and steelhead.
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October 15, 2025
Ex-Trooper Gets 6 Years For Driver's License Bribery Scheme
The former commanding officer of a Massachusetts State Police unit that conducted commercial driver's license exams has received a six-year prison sentence for leading a scheme to trade passing scores on road tests by unqualified drivers for what a prosecutor called the "oddest and greediest" of bribes.
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October 15, 2025
3rd Circ. Preview: US Atty, Columbia Activist, Ex-Union Prez
The Third Circuit's late October arguments will include two nationally watched cases scrutinizing President Donald Trump's power to name "interim" government officials and his promise to deport foreign nationals who allegedly supported Hamas or took part in protests against Israel's war in Gaza.
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October 15, 2025
DHS Says Seizure Of Atty's Phone Tied To Employment Probe
The government is pushing back on a Massachusetts immigration attorney's allegations that his work phone was seized in retaliation for his criticism of the Trump administration and advocacy for noncitizens, saying it's looking into whether he violated federal employment verification laws.
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October 14, 2025
GOP Bill Would Codify Trump Private Equity 401(k) Order
A Montana Republican lawmaker announced Tuesday the introduction of a bill that would codify President Donald Trump's executive order that aims to make it easier for retirement plans to invest in nontraditional 401(k) assets like private equity and cryptocurrency.
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October 14, 2025
NJ, Del. Judges Stress Value Of Local Counsel For IP Attys
Six judges with significant experience overseeing pharmaceutical patent litigation in the districts of New Jersey and Delaware urged litigators on Tuesday to rely on the expertise of local counsel if they're hoping to impress the court.
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October 14, 2025
Enviro Group Sues To Block LNG Export Terminal Extension
An environmental group told a New Jersey federal judge that the Delaware River Basin Commission unlawfully granted a five-year lifeline for a delayed dock project tied to a proposed liquefied natural gas export terminal in the Garden State.
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October 14, 2025
Providers Bring No Surprises Act Fight To High Court
Two air ambulance providers asked the U.S. Supreme Court to allow them to use the courts to collect on out-of-network billing dispute resolution awards granted under the No Surprises Act, saying that without judicial review, insurers can just skip out on NSA bills to providers.
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October 14, 2025
DC Circ. Wonders If $820M Grant Cut Suit Is Contractual
The D.C. Circuit is set to decide whether a fight with the U.S. Department of Justice over $820 million in canceled public safety grants belongs in district court or before the U.S. Court of Federal Claims after hearing both sides out Tuesday morning.
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October 14, 2025
Skinny Labels, Orange Book Take Center Stage In IP Talks
Patent litigators focused on pharmaceuticals and biotechnology met Tuesday to work through the biggest issues in their industries, including possible reform to skinny label law, frustration with position-switching in litigation, concerns about when to list patents in the U.S. Food and Drug Administration's Orange Book and data on the relatively low impact of new policies at the U.S. Patent and Trademark Office.
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October 14, 2025
US Revokes Visas Over Comments Critical Of Charlie Kirk
The U.S. State Department said Tuesday that it revoked the visas of at least six foreigners over comments they made about the killing of conservative activist Charlie Kirk.
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October 14, 2025
Mass. Judge Strikes Down Pentagon's Research Rate Cap
A Massachusetts federal judge ruled that the U.S. Department of Defense unlawfully capped universities' indirect research cost reimbursements at 15%, calling the move a sudden break from six decades of agency practice that lacks justification and ignores federal regulations.
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October 14, 2025
Justices Decline To Hear Cannabis User's Gun Rights Case
The U.S. Supreme Court on Tuesday declined to hear one of several petitions urging review of a federal law that prohibits cannabis users from owning guns.
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October 14, 2025
Relief Concerns Grow As Sectoral Tariff Actions Build
Importers' hopes for relief from industrywide tariffs are lagging alongside the trade deals President Donald Trump is trying to broker for some goods, while the administration's accelerated rollout of sectoral levies is also stoking concerns the government may be hamstringing its onshoring goals.
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October 14, 2025
Sony Is Among Latest To Apply For OCC Crypto Bank License
Sony's online banking unit has applied with the Office of the Comptroller of the Currency to set up a U.S. offshoot that would mint stablecoins and custody digital assets, joining a wave of firms that have approached the agency with crypto-related business plans.
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October 14, 2025
Fla. Professor Wins Bid To Halt Trump Library Land Transfer
A Florida state judge Tuesday temporarily blocked the transfer of roughly 3 acres of land Miami Dade College gave to the state to build the Donald J. Trump Presidential Library.
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October 14, 2025
Calif. Says Feds Can't Divert $4B High-Speed Rail Funds
The California High-Speed Rail Authority has asked a federal judge to block the Trump administration from diverting $4 billion in grant funds that were previously set aside for the Golden State's electric high-speed rail project, saying the administration's contrived funding decisions are based on overt political animus.
Expert Analysis
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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A Changing Playbook For Fighting Records Requests In Del.
The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
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Tesla Verdict May Set New Liability Benchmarks For AV Suits
The recent jury verdict in Benavides v. Tesla is notable not only for a massive payout — including $200 million in punitive damages — but because it apportions fault between the company's self-driving technology and the driver, inviting more scrutiny of automated vehicle marketing and technology, says Michael Avanesian at Avian Law Group.
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Insuring Against FCA Risk In Shifting Trade Landscape
In today's heightened trade enforcement environment, companies should proactively assess whether their insurance programs are positioned to respond to potential False Claims Act or customs-related claims, including reviewing directors and officers, professional liability, and representations and warranties policies for key terms, say attorneys at Pillsbury.
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What To Expect As Trump's 401(k) Order Materializes
Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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RI Menopause Law Brings New Considerations For Employers
Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.
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A Foreign Currency Breach Won't Always Sink EB-5 Cases
Recent court decisions show that, while EB-5 investors must be able to show the lawfulness of their funds and methods of transfer, a third-party currency exchanger's violation of another country’s currency export control law does not, by itself, taint the funds for purposes of U.S. investment, says Jun Li at Reid & Wise.
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How The 5th, DC Circuits Agreed On FCC Forfeiture Orders
The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.
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FTC, CoStar Cases Against Zillow May Have Broad Impact
Zillow's partnerships with Redfin and Realtor.com have recently triggered dual fronts of legal scrutiny — an antitrust inquiry from the Federal Trade Commission and a mass copyright infringement suit from CoStar — raising complex questions that reach beyond real estate, says Shubha Ghosh at Syracuse University College of Law.
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'Solicit' Ruling Offers Proxy Advisers Compliance Relief
The D.C. Circuit recently found that proxy voting advice does not fall under the legal definition of "solicitation," significantly narrowing the U.S. Securities and Exchange Commission's regulatory power over such advisers, offering stability to the proxy advisory industry and providing temporary relief from new compliance burdens, say attorneys at Sheppard Mullin.
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SAM Update May Ease Tricky Timing Technicalities
The Federal Acquisition Regulatory Council's recent rule update, clarifying the System for Award Management's registration requirement, may reduce the number of disqualifications and bid protests resulting from minor lapses, but government contractors should still implement procedures to ensure early submission of registration renewals, say attorneys at Butzel Long.
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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.