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Public Policy
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October 17, 2025
Lawmakers Press DOD To Undo Weapons Testing Office Cuts
Two Democratic lawmakers pushed the U.S. Department of Defense to explain and reverse funding, staff and program cuts for an independent office that evaluates weapons systems, saying they are concerned the cuts will waste tax dollars and put service members at risk.
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October 17, 2025
Texas Farm Bureau Suit Alleging USDA Discrimination Stayed
A Texas federal judge on Thursday opted to stay the Texas Farm Bureau's suit against the USDA over the agency's alleged preferential treatment of minority farmers while a similar case plays out.
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October 17, 2025
USPTO Head To Take Over Patent Review Institution Decisions
John Squires, director of the U.S. Patent and Trademark Office, said Friday that he will now make all decisions on whether to institute America Invents Act reviews of patents, including on the merits of the challenge and discretionary issues, in a major overhaul of the review system.
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October 17, 2025
NC Justices Say Doctor Can't Appeal Dismissal Denial
The North Carolina Supreme Court on Friday denied a doctor and hospital's attempt to reverse an appeals court order upholding the denial of their requests to dismiss a malpractice suit, saying they did not have the right to appeal the denial in the first place.
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October 17, 2025
Industry Calls On Policymakers To Tackle Telecom Vandalism
Growing theft and vandalism of telecom lines can trigger not only immediate costs, but broader economic and social ripple effects from network shutdowns, a wireless infrastructure group warned in a pair of new reports issued to support the group's call for stepped-up law enforcement.
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October 17, 2025
UN Shipping Agency Delays Carbon Price Opposed By US
The United Nations' shipping agency agreed Friday to postpone for one year its plan to introduce a global carbon price, which the U.S. government opposes, having called it a "global carbon tax."
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October 17, 2025
Va. Judge Orders Bond Hearing For Detained Salvadoran
A Virginia federal judge ordered the Trump administration to provide a bond hearing before an immigration judge for a Salvadoran man who U.S. Immigration and Customs Enforcement detained in August, rejecting the government's argument that he is subject to mandatory detention.
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October 17, 2025
9th Circ. Upholds Nigerian's Asylum Denial For Marriage Fraud
An immigration judge reasonably denied a Nigerian man's application for asylum after finding him not credible based on a prior marriage fraud admission, a Ninth Circuit panel ruled.
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October 16, 2025
Proposed New Rules Would Cut Off Many PTAB Challenges
The U.S. Patent and Trademark Office proposed rules Thursday that would prevent inter partes reviews challenging patents from being instituted in many scenarios, and attorneys said implementing the plan would significantly reduce challenges and make them far less appealing to accused infringers.
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October 16, 2025
Unions Challenge Feds' AI Surveillance Of Noncitizens' Views
Three labor unions sued the Trump administration in New York federal court Thursday to stop a surveillance program they allege scours online activity for viewpoints the administration doesn't like and leverages the threat of immigration enforcement to coerce silence.
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October 16, 2025
FEMA Ordered To Restore $34M NY Anti-Terror Funds
A Manhattan federal judge on Thursday ordered the Trump administration to restore nearly $34 million in slashed funds to protect New York's massive transit system from terrorism, saying the White House unlawfully tied the state's grant to immigration policy.
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October 16, 2025
Smartmatic Faces FCPA Indictment In Philippine Bribery Case
A Florida federal grand jury on Thursday returned a superseding indictment that adds charges against Smartmatic, which wasn't previously a party to prosecutors' case accusing former executives at the voting machine company of bribing an elections official in the Philippines to secure contracts.
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October 16, 2025
Fed. Judge Keeps X's Suit Against Apple, OpenAI In Texas
A Texas federal judge told X Corp, Apple and OpenAI that they ought to move their headquarters to Fort Worth if they like litigating in Cowtown so much, opting Thursday to keep X and xAI's sweeping antitrust suit against Apple and OpenAI in the Lone Star State.
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October 16, 2025
Why Ethics Complaints Against Halligan Face 'Very High Bar'
Interim U.S. Attorney Lindsey Halligan for the Eastern District of Virginia could face bar disciplinary action or court sanctions if the prosecutions she's pursuing at President Donald Trump's behest are found to be politically motivated or baseless, although proving ethics allegations will be an uphill battle, experts say.
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October 16, 2025
Farmers Urge Wash. Justices To Void Fuel Exemption Regs
A Washington Supreme Court justice suggested Thursday that the state's framework for an exemption under its greenhouse gas "cap-and-invest" program has fallen short of lawmakers' express goal of ensuring farmers have access to surcharge-free fuel for agricultural purposes.
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October 16, 2025
Lumen Wants 'Speculative' $1.4B Pension Swap Suit Tossed
Lumen Technologies Inc. asked a Colorado federal court to throw out a proposed class action alleging it wrongly transferred obligations for a $1.4 billion pension fund to a private equity-controlled insurance company, calling it "speculative" and arguing that retired employees can't show they've been harmed by the move.
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October 16, 2025
Tech Group Aims To Ax Texas' App Store Age Verification Law
A new Texas law that requires app store owners to verify users' ages and block minors from downloading apps or making in-app purchases without parental consent unconstitutionally imposes a "broad censorship regime" on the entire mobile app ecosystem, a tech industry trade group argued in a lawsuit Thursday seeking to strike down the measure.
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October 16, 2025
Kalshi Tells 4th Circ. Md. Is Stepping On CFTC Oversight
Maryland federal judge was wrong to reject sports betting company Kalshi's argument that its so-called prediction market, which allows users to wager on the outcome of real-world events, counts as a federal derivative exchange, the company said to the Fourth Circuit.
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October 16, 2025
Ex-Va. Federal Prosecutor Joins NY AG James' Defense Team
The former deputy criminal chief for the U.S. Attorney's Office in Norfolk, Virginia, Thursday joined the team defending New York Attorney General Letitia James in the government's case accusing her of mortgage-related fraud, filed after the president encouraged prosecutors to take action against his "guilty as hell" political opponents.
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October 16, 2025
Trump Unveils IVF Drug Pricing Deal: 'We Want More Babies'
President Donald Trump on Thursday unveiled two initiatives he said were designed to enhance the accessibility and affordability of in vitro fertilization.
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October 16, 2025
NY Counties Want Court To Toss Rest Of 911 Tribal Bias Suit
Two New York counties have asked a federal judge to rethink her dismissal of only part of a lawsuit brought by the Cayuga Nation that accuses the counties of refusing to forward 911 calls made from the tribe's land to the tribal police unless the nation pays to connect the force to the counties' 911 system.
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October 16, 2025
Justices Told Presidential Firing Limits Rely On 'Soured' Logic
President Donald Trump and a cadre of supporters have urged the U.S. Supreme Court to wipe out what remains of a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, arguing the decision was flawed when originally issued and is now well past its prime.
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October 16, 2025
Closed Pot Shops Can't Stop Future Enforcement, DC Argues
A lawsuit seeking to halt the District of Columbia from penalizing and closing any more recreational marijuana shops should be dismissed, the city has told a federal court, arguing the retailers can't sue because they are either already closed or have failed to show they will be targeted.
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October 16, 2025
Afghans Fight US State Dept. Policy Denying Visa Eligibility
Three Afghan nationals told a D.C. federal judge they were unlawfully denied eligibility to apply for a special immigrant visa and left at risk of persecution by the Taliban after years of providing security for U.S. forces in Afghanistan.
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October 16, 2025
Calif. Hospitals Sue Over New Healthcare Cost Increase Caps
The California Hospital Association hit the state's Office of Health Care Affordability and others with a lawsuit Wednesday, claiming they violated state law with new rules that aim to limit increases in consumer health care costs by curbing hospital spending.
Expert Analysis
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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.
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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.