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Public Policy
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October 07, 2025
Apple Seeks To Toss IPhone, Watch Buyers' Antitrust Suits
Apple has asked a New Jersey federal court to toss multidistrict antitrust litigation brought by iPhone and Apple Watch buyers, arguing that while they "try in vain to invent" theories about how Apple charges monopoly prices the inflation-adjusted price of the latest iPhone is nearly the same as the first model.
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October 07, 2025
Justices Probe Standard Of Care In 'Conversion Therapy' Case
The U.S. Supreme Court on Tuesday wrestled with whether gay "conversion" therapy banned by a Colorado law is a medical treatment that falls outside the accepted standard of care, or whether it's protected First Amendment speech.
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October 07, 2025
Cruise Cos. Say Tax Injunction Act Doesn't Bar Hawaii Suit
A group of cruise companies should be allowed to proceed with their complaint against the state of Hawaii for an extension of a transient occupancy tax to cruise passengers, the companies told a federal district court, saying the Tax Injunction Act doesn't bar the complaint.
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October 07, 2025
2nd Circ. Rules Inmates Not Entitled To Specific Gender Care
A Second Circuit panel has overturned a transgender inmate's partial win in a lawsuit against prison officials in Connecticut over allegedly inadequate gender dysphoria treatment, holding that the defendants are entitled to qualified immunity and that "inmates have no clearly established right to be treated by gender-dysphoria specialists" or receive specific treatments for the condition.
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October 07, 2025
Gov't, Gun Defendant Urge Justices Not To 'Double-Punish'
The government and a New York man convicted in a fatal robbery both asked the U.S. Supreme Court on Tuesday to rule that subjecting defendants to separate sentences stemming from a single deadly federal firearm offense is a double-jeopardy violation.
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October 07, 2025
Senate Confirms Boyden Gray Atty As Trump's Labor Solicitor
The Senate confirmed on Tuesday a Boyden Gray PLLC managing partner as President Donald Trump's nominee for labor solicitor, the third-highest-ranking position at the U.S. Department of Labor.
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October 07, 2025
Senate Confirms Trump's Pick For EEOC, Restoring Quorum
The Senate voted along party lines Tuesday to confirm an assistant U.S. attorney to serve on the U.S. Equal Employment Opportunity Commission, restoring the agency to its full decision-making capacity after months without a quorum.
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October 07, 2025
Senate Confirms Trump's Wage Chief Pick
The U.S. Senate confirmed President Donald Trump's nominee to lead the U.S. Department of Labor's Wage and Hour Division on Tuesday.
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October 07, 2025
Judge Concerned As Feds Keep Immigration Atty's Phone Data
A federal prosecutor told a Massachusetts judge on Tuesday that the government has returned a phone it seized from an immigration lawyer but does not intend to delete data it pulled from the device, prompting the court to raise concerns that the information could be used to identify and arrest immigrants.
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October 07, 2025
Approach The Bench: Judge Kaplan On Suit Against The Gov't
U.S. Court of Federal Claims Judge Elaine Kaplan's docket doesn't always garner attention in the same way trial court cases do, but that may change as the executive branch makes sweeping budget and policy changes that could lend more political significance to monetary claims against the government.
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October 07, 2025
Planners Should Be Tariffed As Calendars, Fed. Circ. Told
Weekly planners sold by a California calendar company are advertised for their calendars and should be considered such for tariff purposes, counsel for the business told Federal Circuit judges Tuesday, arguing the lower court and government incorrectly classified them as a type of notebook.
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October 07, 2025
La. Challenges Mail-Order Access To Abortion Medication
The state of Louisiana on Monday sued federal regulators for expanding access to the abortion medication mifepristone under the Biden administration, alleging the removal of an in-person dispensing requirement allows the drug to be mailed illegally into anti-abortion states.
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October 07, 2025
Baker Donelson Forms Gov't Solutions, Public Funding Group
Baker Donelson Bearman Caldwell & Berkowitz PC announced Tuesday that it has launched a government solutions and public funding group to help clients prepare for, respond to and recover from disasters — while identifying and securing public funding opportunities at the federal, state and local levels.
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October 07, 2025
Bondi Declines To Discuss James Comey Indictment
Appearing before the Senate Judiciary Committee on Tuesday, U.S. Attorney General Pam Bondi deflected when questioned on the recent indictment of former FBI Director James Comey and other controversies involving the U.S. Department of Justice.
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October 07, 2025
Mich. Court Scraps Ruling That Affirmed Solar Farm Permit
A Michigan state appeals court tossed a ruling that upheld a township's permit for an Invenergy subsidiary's industrial-scale solar farm, concluding that its board of trustees failed to sufficiently explain or provide a basis for its decision.
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October 07, 2025
California Aims To Sink DOJ's 'Egg Prices' Animal Law Case
California, state egg farmers and animal rights groups are asking a federal court to dismiss the U.S. government's lawsuit that seeks to eliminate animal welfare laws that it alleges have contributed to a rise in egg prices.
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October 07, 2025
Pa. Justices Wary Of Lifting Corporate Veil To Beat Time Limit
Members of Pennsylvania's Supreme Court seemed skeptical of a bid by asbestos claimants to sue the parent company of a defunct industrial firm, pointing to a two-year time limit for claims against the dissolved subsidiary.
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October 07, 2025
Mich. Panel Upholds Hazing Charges In Frat Member's Death
A Michigan appeals panel upheld the constitutionality of a state law criminalizing hazing that results in injury or death, greenlighting charges stemming from a Michigan State University fraternity pledge's death from alcohol poisoning.
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October 07, 2025
11th Circ. Won't Halt Labor Mandate Case For Gov't Shutdown
The federal government can't stay a builders association's case challenging an executive order that requires union-favoring labor agreements for expensive government contracts, the Eleventh Circuit ruled, declining a request made in light of the government shutdown.
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October 07, 2025
SEC's Atkins Wants To 'Future-Proof' Deregulatory Agenda
U.S. Securities and Exchange Commission Chairman Paul Atkins said Tuesday that he hopes that moving quickly to adopt new rules deregulating the public and private markets will "future-proof" his agenda against potential tampering by succeeding presidential administrations.
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October 07, 2025
Copyright Chief Says DC Circ. Decision Bars Removal
Shira Perlmutter has shot back at the government's arguments defending President Donald Trump's decision to fire her as head of the U.S. Copyright Office, saying the D.C. Circuit has said in her case that Trump likely never had the power to do so.
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October 07, 2025
Cos., Mass. Town End $50M Earth Removal Permit Bylaw Suit
A construction supplies company and its quarry operator have agreed to permanently bring an end to their more than $50 million suit challenging a Massachusetts town's amended bylaw for earth removal permits that allegedly impeded the plaintiff's quarry operations, according to a stipulation of dismissal filed in Massachusetts federal court.
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October 07, 2025
Calif. Allows Tax Break For Solar Property Until Owner Change
A California property tax exclusion for newly built solar energy systems that is set to end in 2027 will continue to apply until there is a change in a qualifying property's ownership under a bill signed by Democratic Gov. Gavin Newsom.
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October 07, 2025
FDIC, OCC Rule Proposals Seek To Rein In Bank Supervision
Federal banking regulators on Tuesday unveiled a pair of proposed curbs on their supervision programs that would formally ban the use of reputation risk as an exam factor and constrain what examiners can call out for criticism as an "unsafe or unsound" practice.
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October 06, 2025
High Court Declines Challenge To Ore. Secret Recording Ban
The U.S. Supreme Court on Monday refused to take up conservative media group Project Veritas' First Amendment challenge to an Oregon law prohibiting secret audio recordings of people's conversations, leaving in place a Ninth Circuit ruling upholding the measure.
Expert Analysis
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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.
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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.