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Public Policy
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October 20, 2025
Lack Of Police Funding 'Catastrophic' For SD Tribe, Suit Says
A South Dakota tribe is asking for an order that would require the federal government to sufficiently fund its public safety resources, arguing that the United States' failure to treat law enforcement as a trust and treaty obligation continues to be catastrophic for it and its members.
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October 20, 2025
Ill. Judge Grills Immigration Officials Over Use Of Force
Two immigration officials defended their agencies' recent use of force during the Trump administration's ongoing enforcement crackdown in Chicago on Monday, taking the stand after an Illinois federal judge expressed concern that they were violating her earlier order temporarily barring them from using allegedly violent silencing tactics against the media and peaceful protesters.
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October 20, 2025
DOT's Immigrant Truck Driver Rule Gets DC Circ. Challenge
Workers and unions on Monday petitioned the D.C. Circuit to review a new U.S. Department of Transportation rule that blocks certain immigrants from holding commercial driver's licenses despite having authorization to work in the U.S.
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October 20, 2025
Mich. Judge Orders Release Or Bond Hearings For Immigrants
U.S. Immigration and Customs Enforcement violated the rights of eight noncitizens by detaining them without providing bond hearings, a Michigan federal judge ruled, echoing her prior characterization of the Trump administration's push to impose mandatory detention as "not only wrong, but fundamentally unfair."
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October 20, 2025
Fed. Circ. Revived Chevron In PTAB Appeal, Justices Told
The Federal Circuit has revived Chevron deference in "all but name," by relying on U.S. Patent and Trademark Office policy to answer a key question about what qualifies as prior art, a law professor has told the U.S. Supreme Court.
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October 20, 2025
Connecticut Official Had 'Dirtiest Hands Of All,' Jury Told
Former Connecticut school construction director Kosta Diamantis was a "corrupt public official" who pushed local authorities to hire a masonry contractor and a construction management firm that paid him a cut of their negotiated government contracts, prosecutors told a jury during closing arguments Monday.
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October 20, 2025
Proposed PTAB Rules Bolster SAP's Fight, Fed. Circ. Told
SAP America Inc. told the Federal Circuit on Friday that its challenge to the U.S. Patent and Trademark Office's stance on Fintiv-based discretionary denials is bolstered by newly proposed USPTO rules, which the company says prove that "mandamus relief is urgently needed to protect important public interests."
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October 20, 2025
Tylenol Maker Tells FDA Not To Add Autism Warning
Tylenol maker Kenvue on Friday told the U.S. Food and Drug Administration to reject a call to add warnings about the risk of using acetaminophen during pregnancy, saying that "expansive" scientific evidence shows there is no proven link between the over-the-counter drug and autism.
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October 20, 2025
Exxon Fights 2nd Circ.'s Atty Fees Ruling In NYC Climate Case
Exxon, BP, Shell and the American Petroleum Institute are asking the Second Circuit for en banc review of a panel's decision to award attorney fees to New York City, which is suing them for deceptive practices around climate change.
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October 20, 2025
TikTok Urges Nix Of Wash. Applicant's Pay Transparency Suit
TikTok urged a Washington state court to toss an applicant's proposed class action claiming the video platform failed to include salary information in job listings, arguing the worker leading the case and dozens of others couldn't show he was harmed by the omission.
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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.
Expert Analysis
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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.
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EU-US Data Transfer Ruling Offers Reassurance To Cos.
The European Union General Court’s recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.
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Opinion
SEC Arbitration Shift Is At Odds With Fraud Deterrence
The U.S. Securities and Exchange Commission's recent statement allowing the use of mandatory arbitration by new publicly traded companies could result in higher legal costs, while removing the powerful deterrent impact of public lawsuits that have helped make the U.S. securities markets a model of transparency and fairness, say attorneys at Labaton Keller.
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Drug Ad Crackdown Demonstrates Admin's Aggressive Stance
Recent actions by the U.S. Food and Drug Administration and U.S. Department of Health and Human Services targeting pharmaceutical companies' allegedly deceptive advertising practices signal an active — potentially even punitive — intent to regulate direct-to-consumer advertising out of existence, say attorneys at King & Spalding.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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DOJ Chemical Seizure Shows Broad Civil Forfeiture Authority
The U.S. Department of Justice’s recent seizure of meth precursor chemicals en route from China to Mexico illustrates the U.S. government's powerful jurisdictional reach to seek forfeiture of cartel-related assets, and company compliance programs must take note, say attorneys at White & Case.
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DOJ Settlement Offers Guide To Avoiding Key Antitrust Risks
The U.S. Justice Department's settlement with Greystar Management shows why parties looking to acquire companies that use pricing recommendation software should carefully examine whether the software algorithm and how it is used in the market create antitrust dangers, say attorneys at Fried Frank.
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Unleashing LNG And Oil Exports With The Deepwater Port Act
The U.S. Department of Transportation and its Maritime Administration are now poised to use the streamlined licensing process of an existing statutory framework — the Deepwater Port Act — to approve proposed offshore terminals for exporting oil and liquefied natural gas, thus advancing the Trump administration's energy agenda, says Joanne Rotondi at Hogan Lovells.
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Minimizing AI Bias Risks Amid New Calif. Workplace Rules
In light of California implementing new regulations to protect job applicants and employees from discrimination linked to artificial intelligence tools, employers should take proactive steps to ensure compliance, both to minimize the risk of discrimination and to avoid liability, says Alexa Foley at Gordon Rees.
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Series
NC Banking Brief: All The Notable Legal Updates In Q3
There were several impactful changes to the financial services landscape in North Carolina in the third quarter of the year, including statutory updates, enforcement developments from Office of the Commissioner of Banks, and notable mergers, acquisitions and branch expansions, say attorneys at Moore & Van Allen.
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Wash. Ruling Raises Pay Transparency Litigation Risk
Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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How Gov't Shutdown Will Affect Federal Health Agencies
Federal health agencies' contingency plans indicate that many major programs will remain insulated from disruption during the ongoing government shutdown, but significant policy proposals will likely be delayed and the Trump administration's emphasis on reduction-in-force plans distinguishes this shutdown from past lapses, says Miranda Franco at Holland & Knight.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
Of note in the third quarter of the year, New York state regulators moved forward on their agendas to limit abuse of electronic banking, including via a settlement with stablecoin issuer Paxos and a lawsuit against Zelle alleging insufficient security measures, says Chris Bonner at Barclay Damon.