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Public Policy
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October 20, 2025
Emergency Tariffs Unlawfully Unprecedented, Justices Told
The International Emergency Economic Powers Act has never been used until President Donald Trump to impose tariffs, and nowhere does the law provide that explicit authority, a dozen states, several small businesses and a pair of Illinois toymakers told the U.S. Supreme Court Monday.
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October 20, 2025
Youths Appeal Dismissal Of Challenge To Trump Energy Orders
A group of youths filed a notice of appeal with the Ninth Circuit on Monday, seeking to overturn a Montana federal judge's dismissal of their lawsuit aimed at undoing President Donald Trump's energy-related emergency orders.
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October 20, 2025
DC Says It's Ready To Pick Subgrantees For BEAD Money
The District of Columbia has received the green light from the federal government on how it plans to use its $100 million slice of the Broadband Equity, Access and Deployment program pie after a Trump administration revamp of the program made all the states and territories rework their proposals.
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October 20, 2025
Ski Equipment Makers Targeted In EU Antitrust Probe
The European Union's executive branch on Monday said it, along with local competition authorities, is conducting unannounced inspections at ski equipment companies it believes have formed an illegal cartel in violation of antitrust laws.
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October 20, 2025
Connecticut Watchdog Atty Tapped To Lead Utility Regulator
Connecticut's governor announced Monday that he had chosen the legal and regulatory director for the state consumer watchdog agency, Thomas Wiehl, to serve as the chairman of the Public Utilities Regulatory Authority, and he tapped three others to serve as commissioners of the five-member body.
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October 20, 2025
Trump Gets Ohio Opening With Judge Taking Senior Status
U.S. District Judge Michael H. Watson, who presided over cases involving Ohio State University sex abuse claims, has said he will soon be taking senior status — opening up a judicial seat for President Donald Trump to fill in the Buckeye State.
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October 20, 2025
Feds Warned Again Not To Search Immigration Atty's Phone
A Massachusetts federal judge on Monday again told the government it cannot look at data pulled off an immigration lawyer's phone that it seized at Logan International Airport last month, as the court weighs his request for an order to destroy the information.
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October 20, 2025
Mobile Cos. Ask FCC To Revisit Local Interconnection Rule
Wireless carriers asked the Federal Communications Commission to ditch a rule that allows local exchange carriers to request interconnection agreements with mobile providers, triggering procedures the carriers say can be overly burdensome.
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October 20, 2025
Court Tosses Constitutional Challenge To Md. Pot Licensure
A Maryland federal judge on Monday dismissed a cannabis entrepreneur's constitutional challenge to the state's social equity marijuana licensure program, saying the U.S. Constitution's dormant commerce clause does not apply to cannabis.
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October 20, 2025
Give Small Jails More Time On FCC Rate Caps, Rep. Says
A U.S. lawmaker representing a swath of rural Virginia said the Federal Communications Commission needs to give small jails more time to comply with rate caps on inmate phone calls.
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October 20, 2025
3rd Circ. Suspects Process 'Circumvention' In US Atty Role
The Third Circuit on Monday seemed inclined to back a district court's finding that the U.S. Department of Justice's designation of President Donald Trump's former personal lawyer as New Jersey's top federal prosecutor violated federal law, with one jurist suggesting the appointment raised "serious constitutional implications."
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October 20, 2025
Pa. AG To Continue Grid Fight After PUC Bows Out
Pennsylvania Attorney General Dave Sunday sought to continue the appeal of a Third Circuit decision invalidating the state Public Utilities Commission's denial of a permit for a transmission project after the agency's chairman said he feared the appeal's outcome could weaken state authority.
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October 20, 2025
Trade Court OKs Gov't Nixing Duties On Chinese Tile
The U.S. Department of Commerce correctly found composite tile from China outside the scope of duties ordered on imported ceramic tile after twice failing to support its determination with sufficient evidence, according to an opinion issued by the U.S. Court of International Trade on Monday.
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October 20, 2025
Seminary Settles Sex Bias Suit With Ex-Ministry Director
A Pittsburgh Presbyterian seminary has agreed to settle a former interim director's suit claiming she was fired out of gender bias and for raising complaints that the seminary pushed a racially discriminatory background check policy, according to federal court filings.
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October 20, 2025
Red States Back Alaska In High Court Fishing Regs Dispute
Twenty Republican-led states and leaders of the Arizona Legislature are backing Alaska in its U.S. Supreme Court bid to undo a Ninth Circuit order that barred it from opening part of the Kuskokwim River to all fishers, telling the justices that there are detrimental consequences flowing from the appellate court's decision.
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October 20, 2025
NJ Panel Tosses Challenge To Jersey City Plaza Renovation
A New Jersey appellate court rejected an appeal for a suit that challenged the renovation of a Jersey City plaza, ruling that the appeal is moot because the renovation project is finished and the plaintiffs don't want to get rid of the renovations.
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October 20, 2025
EEOC Says It Hasn't Issued Layoff Notices Amid Shutdown
The U.S. Equal Employment Opportunity Commission has not laid off workers during the government shutdown and will not do so per an order blocking the federal government from terminating employees during the lapse in funding, the agency told a California's federal court.
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October 20, 2025
Guam Fund Seeks OK To Appeal Loss Of Military Leave Suit
A retirement fund for Guam government employees asked a Guam federal judge to let it appeal an order finding the fund and the U.S. territory liable for shortchanging pension contributions for employees who take paid leave while serving in the military.
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October 20, 2025
More Fed. Workers Added To TRO Blocking Shutdown Layoffs
A California federal judge who blocked the Trump administration from laying off workers from two unions representing thousands of federal workers has expanded her temporary restraining order to include three more unions and also clarified that the order covered workers with union contracts that the administration is seeking to ditch.
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October 20, 2025
Justices Decline NY Schools' Bid To Block AG's Assault Suit
The U.S. Supreme Court on Monday denied certiorari to a New York school district in a suit brought by the state's attorney general alleging the district failed to investigate or respond to reports of rape and sexual assault, which had previously been revived by the Second Circuit.
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October 20, 2025
Top Court Won't Hear Chicago Hospital's Medicaid Dispute
The U.S. Supreme Court on Monday refused to review a decision by the full Seventh Circuit holding that a Chicago hospital can't sue the state of Illinois to force the managed care organizations it contracts with to make timely Medicaid payments, rejecting a petition that argued another case on the high court's docket "will likely decide the outcome" in this one.
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October 20, 2025
High Court To Hear Case Asking If Drug Users Can Have Guns
The U.S. Supreme Court decided on Monday to address "a four-way circuit conflict" over whether it is legal to prevent users of drugs — including marijuana, which the majority of states have legalized in some fashion — from possessing firearms.
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October 20, 2025
Justices Reject Pollution Case In La.'s Black Communities
The U.S. Supreme Court on Monday refused to review the Fifth Circuit's decision to revive a lawsuit accusing a Louisiana local government of steering hazardous industrial facilities into Black communities.
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October 17, 2025
'Small Tobacco' Cos. Challenge Va. Ban On Flavored Vapes
Virginia vape companies are looking to stop the state from enforcing a ban on flavored e-cigarettes endorsed by "Big Tobacco," calling the law unconstitutional because it runs afoul of the supremacy clause by having state officials enforce federal tobacco law, according to a lawsuit filed in federal court.
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October 17, 2025
DC Circ. Denies DOJ Bid For Shutdown Delay In CFPB Case
The D.C. Circuit said Friday it will not delay briefing in the Consumer Financial Protection Bureau layoffs case as the government shutdown drags on, rejecting a Trump administration request for a deadline extension tied to the lapse in federal funding.
Expert Analysis
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A Look At Project Crypto's Plans For Digital Asset Regulation
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent announcement of Project Crypto, an agencywide initiative to modernize federal securities regulations, signals a significant shift toward a more flexible regulatory framework that would shape the future of the U.S. digital asset market, say attorneys at WilmerHale.
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Breaking Down The Intersection Of Right-Of-Publicity Law, AI
Jillian Taylor at Blank Rome examines how existing right-of-publicity law governs artificial intelligence-generated voice-overs, deepfakes and deadbots; highlights a recent New York federal court ruling involving AI-generated voice clones; and offers practical guardrails for using AI without violating the right of publicity.
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Civil Maritime Nuclear Sector Poised For Growth, Challenges
The maritime industry now stands on the verge of a nuclear-powered renaissance, with the need for clean energy, resilient power generation and decarbonized logistics driving demand for commercial maritime nuclear technology — but these developments will raise significant new legal, regulatory and technical questions, say attorneys at Holland & Knight.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues
The Trump administration’s recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act’s rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.
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NY AML Rules Get Crypto Rebrand: What It Means For Banks
A recent letter from the New York State Department of Financial Services outlining how banks can use blockchain analytics in anti-money laundering efforts is a reminder that crypto activity is not exempted from banks' role in keeping the financial system safe, says Katherine Lemire at Lankler Siffert.
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What's At Stake At High Court For Presidential Removal Power
Two pending U.S. Supreme Court cases —Trump v. Slaughter and Trump v. Cook — raise fundamental questions about the constitutional separation of powers, threaten the 90-year-old precedent of Humphrey's Executor v. U.S. and will determine the president's authority to control independent federal agencies, says Kolya Glick at Arnold & Porter.
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Using The GHG Protocol For California Climate Reporting
With the California Air Resources Board's recent announcement that entities subject to the state's climate disclosure laws can use the Greenhouse Gas Protocol as a standard for structured, auditable reporting, a review of methods, data sources and disclosures under the protocol is timely for compliance planning, says Thierry Montoya at Frost Brown.
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Employer Considerations As Ill. Ends Mandatory Fact-Finding
Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.
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Courts Are Still Grappling With McDonnell, 9 Years Later
The Seventh and D.C. Circuits’ recent decisions in U.S. v. Weiss and U.S. v. Paitsel, respectively, demonstrate that courts are still struggling to apply the U.S. Supreme Court’s 2016 ruling in McDonnell v. U.S., which narrowed the scope of “official acts” in federal bribery cases, say attorneys at Quinn Emanuel.
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Compliance Pointers Amid Domestic Terrorism Clampdown
A recent presidential memorandum marks a shift in federal domestic-terrorism enforcement that should prompt nonprofits to enhance diligence related to grantees, vendors and events, and financial institutions to shore up their internal resources for increased suspicious-activity monitoring and reporting obligations, say attorneys at Morgan Lewis.
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Trump Tax Law Has Mixed Impacts On Commercial Real Estate
The One Big Beautiful Bill Act brings sweeping changes to the real estate industry — and while the permanency of opportunity zones and bonus depreciation creates predictability for some taxpayers, sunsetting incentives for renewable energy projects will leave others with hard choices, says Jordan Metzger at Cole Schotz.
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CFTC, SEC Joint Statement Highlights New Unity On Crypto
The U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission's recent joint statement announcing a cross-agency initiative enabling certain spot crypto-asset products to trade on regulated exchanges is the earliest and most visible instance of interagency cooperation on crypto regulation, say attorneys at Morgan Lewis.
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Regulatory Uncertainties Loom As Fed Ends Crypto Oversight
The Federal Reserve Bank's recently ended crypto supervisory program headlines other recent federal actions from Congress, the White House and relevant agencies that may complicate financial institutions' digital-asset use and attendant compliance strategies, say attorneys at Buchalter.
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What The New Nondomiciled-Trucker Rule Means For Carriers
A new Federal Motor Carrier Safety Administration interim final rule restricting states' issuance of commercial drivers licenses to nondomiciled drivers does not alter motor carriers' obligations to verify drivers' qualifications, but may create disruptions by reducing the number of eligible drivers, say attorneys at Benesch.