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Public Policy
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October 02, 2025
Ad Tech Judge Sees 'Tension' In Google's Economist
A Virginia federal judge told Google's economics expert Thursday that there's "tension" in his assertions that remedies for the company's advertising placement technology monopolies must be narrowly tailored to block the particular anticompetitive findings won by the U.S. Justice Department.
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October 02, 2025
Colo. Healthcare Nonprofit Sues Gov. Over Medicaid Cuts
A Colorado healthcare nonprofit seeks a court order to reverse a recent executive order from Gov. Jared Polis which cut state Medicaid spending to pediatric behavioral therapy and autism therapy services.
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October 02, 2025
University Asks Court To Shield Religious Hiring Practices
A private Christian university has urged a Seattle federal judge to find that a Washington antidiscrimination law infringes on its First Amendment rights to only hire job candidates who share its religious views, pursuing a pretrial win in its case against the state attorney general's office.
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October 02, 2025
FERC Issues Trump-Ordered Rule To Phase Out 53 Regs
The Federal Energy Regulatory Commission has finalized a rule to phase out dozens of its regulations, making it the first, and apparently only, federal agency to fully comply with an executive order to sunset energy-related rules.
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October 02, 2025
'Don't Say Gay' Penguins: Fla. Court Backs Ban On Kids' Book
A Florida school district is free to ban a children's book about two male penguins who adopt a chick under the state's so-called "Don't Say Gay" law, a federal judge ruled, saying the decision does not implicate the First Amendment rights of the book's authors or elementary school readers.
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October 02, 2025
Ex-Fla. Rep Fights To Cut Tax Charges From Lobbying Case
A former Florida congressman on Thursday asked a federal judge in Miami to sever tax evasion charges from a criminal indictment alleging he and a political consultant failed to register as foreign agents while lobbying on behalf of Venezuela's state oil company.
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October 02, 2025
Top Groups Lobbying The FCC
Lobbying at the Federal Communications Commission slowed in September, continuing a late-summer lag, but several groups kept busy on several issues. Here's a look at a few groups that contacted the FCC at least three times during September and a sampling of what they care about.
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October 02, 2025
IRS Data-Sharing Case Won't Be Paused For Gov't Shutdown
The U.S. Department of Justice must still submit court-ordered information in a lawsuit challenging the Internal Revenue Service's sharing of tax data with immigration authorities by Oct. 24, a D.C. federal judge ruled, despite the federal government shutdown that began Wednesday.
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October 02, 2025
IRS Capacity For 2026 In Danger Due To Cuts, TIGTA Warns
Staffing losses at the Internal Revenue Service could cause tax refund delays and allow $360 million in fraudulent returns to go unchecked this coming tax season, the Treasury Inspector General for Tax Administration warned Thursday.
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October 02, 2025
Senate Committee To Vote On Labor Official Nominees Oct. 9
Five candidates vying for roles at the National Labor Relations Board and the U.S. Department of Labor will face the next step of the confirmation process Oct. 9, when a congressional committee will vote on placing their nominations before the U.S. Senate.
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October 02, 2025
Ill. Panel Backs Whistleblower's $3.5M Retaliation Verdict
An Illinois appellate panel on Wednesday affirmed a $3.5 million verdict for a man who claimed he was unlawfully fired from a southern Illinois hospital system for reporting Medicare and Medicaid fraud and abuse, saying jurors saw evidence he and others faced retaliation when they "called attention to what they believed to be unlawful conduct."
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October 02, 2025
Rust-Oleum Buyers' $1.5M Greenwashing Deal Gets Final OK
A California federal judge on Thursday gave her final blessing to a $1.5 million settlement to a class of Rust-Oleum Corp. customers who accused the company of "greenwashing" its cleaning products with representations like "non-toxic" and "Earth Friendly," noting the deal provides significant monetary and nonmonetary benefits to the plaintiffs.
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October 02, 2025
Ill. Panel Rejects Challenge To Abortion Coverage Mandate
Illinois' mandate that health policies issued in the state cover abortion care does not violate an Illinois religious freedom law, a state appeals court ruled, rejecting a Baptist organization's claims that the mandate "substantially burdened" its religious beliefs per the Illinois Religious Freedom Restoration Act.
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October 02, 2025
Mass. Court Denies States' Bid To Block ACA Subsidy Cuts
A Massachusetts federal court has rejected a bid by a coalition of 21 states to stay implementation of a rule that will cut Affordable Care Act subsidies and enforce enrollment restrictions, saying the states hadn't shown imminent or irreparable harm from the policy's costs or possible coverage losses.
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October 02, 2025
Hegseth's New Whistleblower Memo Draws Criticism
Defense Secretary Pete Hegseth's memorandum instructing military department heads to work with the agency's inspector general to identify whistleblowers who submit multiple "frivolous" complaints has drawn the ire of a whistleblower group that says the move undermines independent oversight.
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October 02, 2025
Judge Orders ICE To Release Dreamer Detained For 2 Months
A Texas federal judge has told U.S. Immigration and Customs Enforcement that it must release a Mexican national who was brought to the U.S. unlawfully as a child and is protected from removal by the Deferred Action for Childhood Arrivals program.
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October 02, 2025
Justices To Hear Clash Over State Med Mal Laws In Fed. Court
The U.S. Supreme Court is scheduled to hear oral arguments Monday on whether a Delaware medical malpractice statute can be applied in federal court, in a case that is expected to offer legal guidelines for similar laws in 28 other states.
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October 02, 2025
Emory, Student Urged To Mediate Pro-Palestine Speech Suit
A Georgia federal judge on Thursday encouraged the parties to seek mediation in a Muslim Palestinian American student's suit alleging that her rights were violated when she was suspended from Emory University's medical school after expressing support for Palestinians in Israel's attacks on Gaza.
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October 02, 2025
Energy Dept. Cancels $7.5B In Blue State Project Awards
The U.S. Department of Energy said it's terminating over $7.5 billion in grants for energy projects, which are primarily clean energy projects located in blue states and include a regional hydrogen hub in California slated to receive a $1.2 billion funding commitment.
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October 02, 2025
Oregon Cannabis Wholesaler Challenges Interstate Sales Ban
An Oregon marijuana and hemp wholesaler alleged in a new federal lawsuit Wednesday that a state law prohibiting interstate sales of locally cultivated cannabis is unconstitutional.
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October 02, 2025
Wis. E-Cig Law Treads On FDA's Turf, Vape Cos. Tell 7th Circ.
A group of vaping interests is urging the Seventh Circuit to issue an order blocking enforcement of a new Wisconsin law prohibiting the sale of e-cigarettes not approved by federal regulators, saying the district court was wrong in finding that the law is not preempted by the Food, Drug, and Cosmetic Act.
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October 02, 2025
Experts Flag Rare Cooperation Level In Conn. Corruption Case
Former Connecticut state budget official Konstantinos Diamantis faces jury selection Friday for charges of soliciting and accepting bribes connected to school construction projects, plus likely testimony from three construction company leaders who swiftly signaled their cooperation with the government in a manner some local experts found unique.
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October 02, 2025
DOJ Beats Heritage Foundation Suit Over Hunter Biden Docs
A Delaware federal judge has ruled against The Heritage Foundation in its Freedom of Information Act suit against the U.S. Department of Justice regarding documents withheld detailing the investigation of Hunter Biden, saying the government "adequately established" that harm would result from releasing the records.
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October 02, 2025
Comey's 1st Task: Decoding A Cryptic Indictment
The criminal indictment of James B. Comey is unusually sparse for such a high-profile matter, leaving open questions for the ex-FBI director to probe that could shed more light on how the government intends to prove its case and create potential lines of attack for the defense, experts say.
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October 02, 2025
Court Warned Of Harm From Delaying Medical Device Merger
A D.C. federal court refused to pause the Federal Trade Commission's case challenging Edwards Lifesciences Corp.'s planned acquisition of JenaValve Technology Inc. during the government shutdown after the companies argued that "time is of the essence" for a new lifesaving medical device.
Expert Analysis
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Unpacking The BIS Guidance On Chinese AI Chip Use
In response to May guidance from the Bureau of Industry and Security, which indicates the agency considers a wide but somewhat unclear range of activities involving Chinese integrated circuits to be in violation of its General Prohibition 10, companies should consider adopting enhanced due diligence to determine how firm counterparties may be using the affected chips, says Peter Lichtenbaum at Covington.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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How New Texas Law Targets ESG Proxy Advice
A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.
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8 Compliance Team Strategies To Support Business Agility
Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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Annual Report Shows CFIUS Extending Its Reach In 2024
The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.
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Trump Tax Law's Most Impactful Corp. And Individual Changes
The One Big Beautiful Bill Act built on and reshaped elements of the Tax Cuts and Jobs Act, including business interest deductions, bonus depreciation and personal income relief, delivering substantial changes to both corporate and individual tax policy, say attorneys at Weil.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Trump Tax Law's Most Consequential International Changes
The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How 6th Circ. Ruling Deepens Split On Broker Liability
A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.