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Public Policy
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November 10, 2025
Justices Refuse To Review FERC Revocation Of Grid Perk
The U.S. Supreme Court on Monday refused to review a Sixth Circuit ruling that backed the Federal Energy Regulatory Commission's revocation of an incentive for power companies that are required to be members of a regional transmission organization.
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November 10, 2025
High Court To Review Mississippi Law On Ballot Counting
The U.S. Supreme Court agreed Monday to review a Mississippi law that allows state election officials to count ballots that arrive up to five days late as long as they're postmarked on or before Election Day, in a case that could impact voting practices nationwide.
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November 07, 2025
Up Next At High Court: Religious Rights & Gov't Contracts
The U.S. Supreme Court will return Monday for a short week of arguments, in which the justices will consider whether state and local government officials can be held personally liable for alleged religious rights violations, and whether government contractors are entitled to immediately appeal denials of derivative sovereign immunity.
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November 07, 2025
Supreme Court Temporarily Pauses Full SNAP Payments
The U.S. Supreme Court Friday evening temporarily paused a Rhode Island federal judge's orders compelling the Trump administration to fully fund November Supplemental Nutrition Assistance Program benefits and transfer roughly $4 billion by the end of the day, hours after the First Circuit denied the administration's emergency request.
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November 07, 2025
Letitia James Rips 'Unconstitutional Vindictive' Indictment
New York Attorney General Letitia James has asked a Virginia federal court to dismiss the indictment accusing her of mortgage fraud, slamming the federal charges as "unconstitutional vindictive and selective prosecution" ordered by Donald Trump in response to her successful civil litigation against the president and her outspoken criticism of him.
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November 07, 2025
Altria, NJOY Rip 'Unconstitutional' ITC Patent Proceeding
The U.S. International Trade Commission's process for appointing its administrative law judges is unconstitutional, Altria Group and its NJOY vaping subsidiary alleged Friday in urging a Virginia federal court to block an ITC patent infringement proceeding against them.
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November 07, 2025
DOJ Starts Price-Fix Probe Of Meatpackers Amid Trump Posts
The U.S. Department of Justice announced an investigation into alleged price-fixing by meatpacking companies, following social media posts by President Trump accusing "Majority Foreign Meat Packers" of colluding to drive up prices.
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November 07, 2025
Texas AG Accuses School Districts Of Electioneering
Texas Attorney General Ken Paxton chastised several school districts he claims asked voters to support funding increases via ballot measures, saying their actions amounted to "illegal electioneering" and violated state law, according to an announcement issued Friday.
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November 07, 2025
Fed's Miran Says Stablecoins Spur Demand For Treasurys
Federal Reserve Gov. Stephen Miran said Friday that he believes stablecoins are already increasing demand for U.S. Treasury bonds, and that continued adoption of the stable-value tokens could lead to lower interest rates in the future.
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November 07, 2025
Justices Cast Constitutional Clouds Over Trump's Tariffs
Several U.S. Supreme Court justices appeared skeptical of the government's arguments seeking to salvage President Donald Trump's emergency tariffs, signaling that the high court may come down with a ruling that reinforces Congress' constitutional authority to impose tariffs.
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November 07, 2025
Drafted Bill Would Have States Return Leftover BEAD Money
Under the Broadband Equity, Access and Deployment program, states that don't use all the broadband infrastructure funds they have been allocated would get to keep whatever is left from the chunk of $42.5 billion they received — but one senator is proposing that any money remaining instead go back to the U.S. Treasury.
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November 07, 2025
Dems' Bill Would Give DHS Detainees Right To Talk To Atty
Democratic lawmakers unveiled a bill Friday that would guarantee immigrant detainees the right to contact their families and speak to legal counsel in custody, amid the Trump administration's push to ramp up major enforcement efforts that have led to arrests of people while dropping off children at school or grocery shopping.
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November 07, 2025
DC Circ. Airs Doubts About USPS Args In 2020 Mail Delay Row
The D.C. Circuit has doubts that the U.S. Postal Service can kibosh a permanent injunction in a case that aimed to ward off delivery delays ahead of the 2020 election because the plaintiffs had an administrative route open to them — not at the time they filed their suit, but by the time the judge issued summary judgment.
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November 07, 2025
Miami Cop Says City's Disparaging Remarks Breached Deal
A controversial Miami Police Department captain is refusing to retire without a fight, suing the city Thursday claiming a city commissioner broke a non-disparagement agreement in a prior settlement with the city that requires him to retire Nov. 7.
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November 07, 2025
Jeffer Mangels Hit With Pregnancy Bias Suit By Ex-Associate
A former Jeffer Mangels Butler & Mitchell LLP associate has accused the firm of discriminating against women, especially pregnant women, claiming that she was harassed throughout her pregnancy and eventually fired after she advocated for herself and pointed out the disparate treatment.
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November 07, 2025
NY, NJ Approve Pipeline Project In CWA Permitting About-Face
New York and New Jersey environmental regulators on Friday issued Clean Water Act permits for a controversial Williams Cos. pipeline upgrade project, five years after they denied the permits over pollution concerns.
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November 07, 2025
Trump's H-1B Moves Have Tech Cos. Making Backup Plans
U.S. tech companies are scrambling to respond to President Donald Trump's $100,000 H-1B visa fee and weighted lottery proposal, with some weighing alternative visa options, scaling back their use of the program or shifting work abroad.
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November 07, 2025
Hemp Industry Urges Congress To Let States Regulate Wares
A coalition of attorneys representing interests in the hemp cannabinoid beverage space are urging federal lawmakers not to enact legislation that they say could shut down the industry and to allow states to continue to regulate it without obstruction.
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November 07, 2025
Fed Faces Dem Grilling Over 30% Supervision Staff Cut Plan
The Federal Reserve's plan to cut its bank supervision workforce by 30% is facing fresh scrutiny from the Senate Banking Committee's top Democrat, who is calling on the central bank to explain how the downsizing will affect its ability to police Wall Street.
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November 07, 2025
New Govs. Will Keep Heat On Grid Operator Over Power Costs
The nation's largest regional grid operator, which has come under fire for limiting state involvement in its policymaking, will continue to face pressure following the election victories of New Jersey and Virginia governors who campaigned on lowering utility bills.
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November 07, 2025
Alaskan Tribes Demand Halt To Canada Mining Permits
Alaskan native tribes are pushing government officials in British Columbia, Canada, to halt progress on mining projects in the headwaters of rivers the tribes say they rely on until they are consulted.
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November 07, 2025
USPTO Extends Deadline For PTAB Institution Rules Feedback
The U.S. Patent and Trademark Office has provided a 15-day extension for giving feedback on proposed rules that will likely reduce the institution of certain patent challenges at the Patent Trial and Appeal Board, with Director John Squires saying "now's the time" to finalize rulemaking on discretionary denial issues.
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November 07, 2025
NJ Senate Bill Seeks Tax Credit For Employer Child Care
New Jersey would establish tax credits for employers who provide child care services for their employees' children under a bill introduced in the state Senate.
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November 07, 2025
Panel Weighs If Baby Lounger Co. Can Still Fight CPSC Label
D.C. Circuit judges suggested Friday that the maker of a popular baby lounger may have forfeited its key appellate argument for undoing a U.S. Consumer Product Safety Commission rule that has forced the product off the market by failing to address the issue during the agency's rulemaking.
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November 07, 2025
Shutdown, Funding Crisis Leave Federal Defenders Unpaid
The record-long government shutdown has hindered an already dire funding situation for the federal defense community, but now the judiciary is working on requests to Congress to alleviate that.
Expert Analysis
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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.
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Data Undermines USPTO's 'Settled Expectations' Doctrine
An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.
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Drafting M&A Docs After Delaware Corp. Law Amendments
Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.