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Public Policy
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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.
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October 14, 2025
State Farm Must Submit Underwriting Data, Ill. Regulator Says
Illinois' director of insurance accused State Farm of failing to turn over nationwide data at a zip-code level relating to its homeowners insurance business, telling a state court that the insurance giant has relied on two "legally baseless objections" to avoid its data-sharing obligations.
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October 14, 2025
PTAB Discretionary Denials, Reexam Bids Way Up: Report
The number of Patent Trial and Appeal Board petitions that were denied for discretionary reasons reached a record level in the third quarter of 2025 — more than 200% higher than in all of last year — and patent reexamination requests also spiked, according to a new report from Unified Patents.
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October 14, 2025
Calif. Passes New Laws On Children's Use Of Social Media, AI
California Gov. Gavin Newsom has signed into law several bills aimed at protecting children from threats associated with social media and emerging technologies, including by requiring age verification, limiting liability defenses for artificial intelligence developers and users and having companion chatbots remind minors to take breaks.
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October 14, 2025
DC Circ. Upholds SEC's Cap On Exchange Fees
The D.C. Circuit on Tuesday rejected a call to overturn a U.S. Securities and Exchange Commission regulation capping the fees that exchanges can charge investors, ruling that the agency has "broad regulatory authority" to police the space.
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October 14, 2025
Calif. City Wins Cannabis Lab Permit Suit Over RICO Claims
A cannabis entrepreneur's lawsuit accusing the mayor of a Los Angeles suburb of soliciting a $350,000 bribe in exchange for a permit has been thrown out by a California state judge, who ruled that because no money was actually paid, the businessman's racketeering claims couldn't survive.
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October 14, 2025
As Shutdown Drags On, Judiciary To Face Belt-Tightening
With no end in sight to the government shutdown, the situation for the federal judiciary will get worse after Friday.
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October 14, 2025
Biden's Alaska Land Plan Faces Repeal After Senate Vote
The U.S. Senate approved the repeal of a Biden-era resource management plan for millions of acres of public land in central and northern Alaska, which the state's congressional delegation said unnecessarily restricted energy and other resource development.
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October 14, 2025
Judge Won't Block $4.7B Ex-Im Bank Loan For LNG Project
A D.C. federal judge refused to temporarily block $4.7 billion in financing that the Export-Import Bank of the United States approved for a TotalEnergies SE liquefied natural gas project in Mozambique, a setback for environmental groups challenging the deal.
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October 14, 2025
Concrete Co. Can't Challenge $2M Seattle Wage Theft Fine
A Washington state appellate panel on Monday rejected a concrete subcontractor's appeal of more than $2 million in penalties for wage violations at Seattle construction sites, supporting a city hearing examiner's conclusion that the company was also on the hook alongside the primary contractor.
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October 14, 2025
NYC Mayor Creates Crypto Office Ahead Of Departure
New York City Mayor Eric Adams on Tuesday issued an executive order to establish a mayoral office focused on attracting crypto talent and economic opportunities to the city, an announcement that comes weeks before the city is set to elect a new mayor.
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October 14, 2025
Governor Won't Testify In Conn. Official's Corruption Case
Connecticut Gov. Ned Lamont won't be called to testify in the bribery and extortion trial of former school construction official Kosta Diamantis after a judge agreed with prosecutors on Tuesday that additional testimony about Diamantis' character and demeanor would be irrelevant to the charges against him.
Expert Analysis
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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.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.