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Public Policy
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November 19, 2025
Trump's New Pick For CFPB Director Is OMB Energy Official
President Donald Trump has tapped an energy official at the Office of Management and Budget to become permanent director of the Consumer Financial Protection Bureau, a key regulator whose future remains in doubt after months of turmoil and dwindling finances.
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November 19, 2025
Trump Taps Norton Rose Atty To Be EEOC General Counsel
President Donald Trump has nominated Norton Rose Fulbright's global labor and employment head to serve a four-year term as general counsel of the U.S. Equal Employment Opportunity Commission.
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November 18, 2025
Fed Pushes To Shift Oversight Focus In Examiner Guidance
The Federal Reserve shared new internal guidance Tuesday that directs its examiners to concentrate on material financial risks to banks and not get "distracted" by process concerns, deepening a policy shift that is drawing sharp rebuke from Fed Gov. Michael Barr.
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November 18, 2025
CFPB's Gradler Takes Deputy Post Amid Agency Uncertainty
Geof Gradler, a former industry lobbyist who recently joined the Consumer Financial Protection Bureau's front office, said that he is taking over as the agency's deputy director, a job that positions him as a potential successor to acting director Russell Vought.
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November 18, 2025
DHS Unlikely To Exit Suit Over Protected Status Terminations
A California federal judge Tuesday tentatively denied the government's request to dismiss a class action challenging Homeland Security Secretary Kristi Noem's termination of temporary protection status for immigrants from three countries, expressing disbelief at the government's assertion during the hearing that Noem's discretion is "unfettered" and "unreviewable."
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November 18, 2025
Broadband Permit Reforms Survive House Subcommittee
The House Communications and Technology Subcommittee had a productive morning Tuesday, consolidating 28 bills largely related to broadband permitting into seven and passing them along to the full committee for review.
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November 18, 2025
Delaware Chancery Atty Fee Awards Under Fire In New Report
Attorney fees in Delaware's Court of Chancery lack "consistent benchmarks" and, for big awards, may fail to reflect "risk or performance," according to a report Tuesday that potentially ratchets up pressure on state lawmakers wary of jeopardizing Delaware's standing as the national hub for corporate law disputes.
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November 18, 2025
9th Circ. Halts 1 Of 2 Calif. Corporate Climate Disclosure Laws
The Ninth Circuit on Tuesday blocked a new California law requiring large companies to publicly disclose financial risks tied to climate change, barring enforcement as an appeal by the U.S. Chamber of Commerce and other business groups challenging the policy unfolds in federal appellate court.
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November 18, 2025
NTSB Flags Vessel's Loose Wire In Key Bridge Collapse Probe
A single loose wire triggered a power failure aboard the container carrier that slammed into Baltimore's Francis Scott Key Bridge last year, and the absence of an effective warning system didn't give construction workers enough time to clear the collapsing bridge, the National Transportation Safety Board determined Tuesday.
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November 18, 2025
Judge Says Texas, Toronto Exchange Logos Seem Dissimilar
A Texas federal judge expressed skepticism that the Toronto Stock Exchange has much of a leg to stand on in its attempt to get the Texas Stock Exchange to change its logo, saying during a hearing Tuesday that the logos look dissimilar enough for most people to tell the difference.
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November 18, 2025
Colo. High Court Weighs Test For Political Donor Disclosures
Colorado Supreme Court justices pushed attorneys Tuesday on how the court should measure a political organization's spending and efforts on ballot measures in determining whether a conservative political group fined for not disclosing donors after spending millions on state ballot questions in Colorado's 2020 election qualifies as an "issue committee" that must disclose its donors.
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November 18, 2025
Trump Admin May Be Overpromising WOTUS Clarity
The Trump administration says its proposal to shrink the Clean Water Act's reach would reduce regulatory burdens and provide clarity to farmers, homebuilders and other businesses, but it could face court challenges and potential reworking by future administrations.
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November 18, 2025
FDIC Says Capital One Is 'Turning Back Time' With Fee Fight
The Federal Deposit Insurance Corp. has accused Capital One of trying to "turn back time" by retroactively distributing $56 billion and claiming it was erroneously included in the FDIC's fee calculations, in order to dodge roughly $99 million in special assessments tied to the 2023 regional bank crisis.
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November 18, 2025
Colo. Justices Unsure On Limits For Borrowing Claims Rule
Colorado Supreme Court justices on Tuesday grappled with when an attorney has satisfied their requirements under Colorado law to conduct a "reasonable inquiry" when including pleadings from other litigation during oral arguments in CenturyLink's petition to have a securities class action dismissed for including anonymous claims from a different lawsuit.
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November 18, 2025
Over-Detentions Are Jail's 'Worst-Kept Secret,' Judge Told
An attorney for people who allege they were unlawfully kept at a county jail for days after a court ordered their release told a Michigan federal judge Tuesday not to dismiss their due process claims, saying that release delays were the "worst-kept secret."
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November 18, 2025
Severe SC Abortion Bill Falters in Committee
A South Carolina bill that would have further criminalized abortion and subjected patients and doctors to up to 30 years in prison failed to advance out of a Senate committee on Tuesday, with antiabortion committee members raising concerns that the bill went too far.
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November 18, 2025
Groups Seek More Time To Comment On SEC's RMBS Plan
The Securities Industry and Financial Markets Association is among those calling for the U.S. Securities and Exchange Commission to grant more time to provide feedback on a plan that could change how the agency regulates residential mortgage-backed securities, citing the recent government shutdown as a reason for extending the deadline.
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November 18, 2025
Flagstar Urges 9th Circ. Redo For Escrow Interest Ruling
Flagstar Bank pushed the entire Ninth Circuit to reconsider its prior ruling in a putative class action that accused the bank of violating a California law that requires banks to make interest payments for escrow accounts connected to certain types of residential mortgage loans, arguing that the court deciding that the state law is not preempted by the National Bank Act clashes with the U.S. Supreme Court's decision in a similar case.
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November 18, 2025
6th Circ. Revives Deadly Force Suit Against Mich. Police
A divided Sixth Circuit panel found Tuesday that a pair of Lansing, Michigan, police officers are not entitled to qualified immunity for shooting and killing a man outside his home, reviving an excessive force claim against the officers.
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November 18, 2025
NJ Justices Asked How 'Beneficial Use' Should Affect Zoning
A Garden State town urged the New Jersey Supreme Court on Tuesday to provide a blueprint for how municipal zoning boards should evaluate variance applications under a nearly three-decade-old amendment to the state's land use law, arguing that a lower court did not give the update proper consideration when it overturned the town's denial of a senior living facility.
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November 18, 2025
OCC Clears Banks To Hold Crypto For Blockchain Fees
Banks may hold digital assets required to pay crypto transaction fees and test new crypto platforms, the Office of the Comptroller of the Currency confirmed in a Tuesday interpretive letter.
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November 18, 2025
Court Says Keeping Tribe's Suit Alive Respects Federal Law
An Oklahoma city can't dodge a jurisdictional challenge by the Muscogee (Creek) Nation, a federal judge determined Tuesday, saying, "The boundary between state authority and tribal sovereignty in Indian Country was marked long before the dispute arose, and nothing in the record suggests Congress has moved it."
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November 18, 2025
Feds Tell DC Circ. Congress OK'd Quick Removal Of Parolees
The Trump administration urged the D.C. Circuit to undo a federal judge's order placing limits on expedited removals, arguing that its hands are being tied in lawful efforts to deport noncitizens who were paroled into the country.
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November 18, 2025
Asst. Gets New Try At Religious Bias Suit Over Wash. Vax Rule
A divided Washington state appeals court panel said Tuesday a lower court was wrong to dismiss a legal assistant's lawsuit accusing the Washington State Attorney General's Office of wrongfully refusing her request for a religious accommodation to the state's COVID-19 vaccine mandate, reopening the suit.
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November 18, 2025
Noem Says US Security Behind Job Denial, Not Religious Tea
Homeland Security Secretary Kristi Noem countered a job applicant's lawsuit alleging religious discrimination, telling a Florida federal court that the judiciary system lacks the authority to scrutinize the department's national security decisions.
Expert Analysis
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Parsing Trump Admin's First 6 Months Of SEC Enforcement
The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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The Consequences Of OCC's Pivot On Disparate Impact
The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.
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FDA Transparency Plans Raise Investor Disclosure Red Flags
The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.
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Rising USCIS Denials May Signal Reverse On Signature Policy
Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits
A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.
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How FDIC Appeals Plan Squares With Fed, OCC Processes
The Federal Deposit Insurance Corp.'s recent proposal to revise its appeals process merits a fresh comparison to the appeals systems of the Federal Reserve and Office of the Comptroller of the Currency, and would provide institutions with greater transparency and independence, say attorneys at Alston & Bird.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'
The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.