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Public Policy
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November 20, 2025
8th Circ. Urged To Revive Tribe's Overcollection Challenge
A South Dakota tribe is asking the Eighth Circuit to revive its suit alleging the federal government overcollected millions on a school debt obligation, saying a lower court judge incorrectly found the tribe waited too long to file its challenge.
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November 20, 2025
Unions Look To Strike 'Loyalty Question' From Fed. Job Apps
Federal workers' unions asked a Massachusetts federal judge to block the federal government from asking potential hires how they'd help advance President Donald Trump's policy goals, saying that what they call the loyalty question is part of the administration's attempt to snub nonpartisan civil servants in favor of ideologues.
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November 20, 2025
DOJ Antitrust Chief Says Agriculture A 'Top Priority'
The U.S. Department of Justice's top antitrust official said enforcers have already opened several investigations in the agriculture sector, including into meatpackers at the direction of President Donald Trump, and called the industry a "top priority" for the agency.
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November 20, 2025
Judge Flags Standing Issue In Stanford Daily Deportation Suit
A California federal judge has pushed off deciding the merits of Stanford University's student newspaper's challenge to the Trump administration's targeting of foreign students who express pro-Palestinian views for immigration enforcement, saying she can't rule until she's sure the paper has standing.
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November 20, 2025
Fla. Court Reverses Drug Court Denial Over Prosecutor Error
A Florida appellate panel reversed the denial of a fraud suspect's motion to enter a pretrial drug intervention program after he was charged with attempting to steal COVID-19 relief funds, saying a state prosecutor conceded there was "no competent substantial evidence" supporting the lower court's decision.
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November 20, 2025
1st Circ. Sends Maine's 3M PFAS Suit Back To Federal Court
A First Circuit panel has sent a suit from the state of Maine against 3M Co. over so-called forever chemical contamination back to federal court, saying its disclaimer that it wasn't pursuing federal claims does not on its own put the case in state court.
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November 20, 2025
State Of NIL Play At High Schools
An Ohio state judge's temporary halt of a policy barring name, image and likeness compensation for high school athletes may have the domino effect of wiping out the ban in the handful of states that still have it. Here, Law360 takes a look at the holdout states and the legislative and bylaw changes they are contemplating to lift the ban.
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November 20, 2025
Senate Panel OKs Miss. Judge, US Atty Nominees After Delay
After weeks of holdup, nominees for Mississippi federal courts and U.S. attorneys were voted out of committee on Thursday, following an impasse between Republican senators.
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November 20, 2025
Ore. Tax Court Slashes Health Club Property Value By $1M
An Oregon health club that was under renovation was overvalued by a local assessor and should have its value decreased by roughly $1 million, the state tax court said in a decision.
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November 20, 2025
Ex-Ill. Speaker Madigan Disbarred After Bribery Conviction
The Illinois Supreme Court issued an order Wednesday disbarring former Illinois House Speaker Michael Madigan, who consented to the disbarment after he was convicted earlier this year on charges claiming he used his official position to steer business to his now-defunct personal law firm.
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November 20, 2025
Congressional Dems Revive Bill To Curb Rental Price-Fixing
A group of Democratic lawmakers have reintroduced legislation in Congress to crack down on landlords using algorithms to systematically raise rental prices.
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November 20, 2025
Trump's Epstein Directive Puts SDNY Prosecutor In A 'Pickle'
Manhattan chief federal prosecutor Jay Clayton appears to have been backed into a "horrible" corner with a "no-win" outcome as a result of a directive from President Donald Trump and U.S. Attorney General Pam Bondi to investigate Jeffrey Epstein's ties to prominent Democrats, experts say.
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November 20, 2025
Va. Defends Ban On Unauthorized Flavored E-Cigarettes
The Virginia attorney general and tax commissioner are urging a federal judge to throw out a suit challenging the state's ban on flavored e-cigarettes that are not approved by federal regulators, saying the plaintiffs have no standing to sue and the ban complies with federal law.
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November 20, 2025
Ex-SDNY Chief Rejects Claim Of Broken FTX Plea Promise
Former interim Manhattan U.S. Attorney Danielle Sassoon told a federal judge Thursday that she never promised crypto lobbyist Michelle Bond any kind of no-prosecute deal as the government negotiated a guilty plea with Bond's husband, former FTX executive Ryan Salame.
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November 19, 2025
FDIC Can't Have Advisory Jury In $1.9B Fight With SVB Trust
A California federal judge Wednesday denied the Federal Deposit Insurance Corp.'s request that she empanel an advisory jury in a suit looking to force the agency to return some $1.9 billion in frozen deposits to the former operator of Silicon Valley Bank, finding "no compelling reasons" to do so.
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November 19, 2025
GSA, Perplexity Strike 'First' Direct-To-Gov't AI Deal
The U.S. General Services Administration struck a "first-of-its-kind" direct deal with Perplexity to provide federal agencies access to the artificial intelligence company's flagship enterprise AI product for just 25 cents per agency, GSA announced Wednesday.
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November 19, 2025
Dissent Accuses Redistrict Ruling Of 'Judicial Misbehavior'
A Fifth Circuit judge denounced the judge who penned a federal court order blocking Texas' newly redrawn congressional map, saying in a Wednesday opinion the order blocking the redistricting amounts to the "most blatant exercise of judicial activism" he had ever seen.
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November 19, 2025
Colo. Justices Question Public Works Act Interpretation
The Colorado Supreme Court appeared skeptical Wednesday of an appellate court's Public Works Act interpretation, which vacated a subcontractor's $12.7 million claim against the general contractor that employed it to help build a new Denver rail line.
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November 19, 2025
Cato Urges High Court To Review SEC Disgorgement Powers
The Cato Institute and others have come out in support of a call for the U.S. Supreme Court to resolve a circuit split over the U.S. Securities and Exchange Commission's disgorgement powers, saying a recent Ninth Circuit decision unlawfully delegates legislative power to executive officials.
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November 19, 2025
Colo. High Court Considers Insurers' Noncooperation Defense
Colorado Supreme Court justices on Wednesday questioned the scope and effects of a state law requiring insurers to meet certain requirements in requesting information from policyholders before bringing a failure-to-cooperate defense, in a case where a man was denied claims after not turning over medical records.
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November 19, 2025
Use-Of-Force Limits 'Overbroad,' 7th Circ. Says, Halting Order
The Seventh Circuit pressed pause Wednesday on an "overbroad" injunction a Chicago federal judge entered to curb allegedly excessive force federal immigration officials have used against press and peaceful protesters, but cautioned the parties not to read too deeply into its holding.
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November 19, 2025
Rand Paul Eyes Returning Hemp Policy To The States
Sen. Rand Paul, R-Ky., who unsuccessfully sought to strike hemp ban language from the government spending bill, told Kentucky hemp interests Wednesday that he was considering legislative language that would return the issue to the states.
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November 19, 2025
Space Force Beats Lanham Act Claims In Florida Suit
A Florida federal judge ruled in favor of the U.S. Space Force on Lanham Act claims in a lawsuit brought by a commercial launch provider that alleged the government was required to utilize its services to launch rockets when available, finding the agency isn't prohibited from using its own facilities.
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November 19, 2025
Fla. Congresswoman Accused Of Stealing $5M In FEMA Funds
A Florida congresswoman was indicted on charges that she stole $5 million in COVID-19 disaster relief funds through her family-run healthcare business and used the money to fund her 2021 campaign, federal prosecutors said on Wednesday.
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November 19, 2025
FDIC's Hill Advances In Senate Amid Dem Stonewalling Claims
Acting Federal Deposit Insurance Corp. Chairman Travis Hill's bid for a permanent term cleared a key hurdle Wednesday as the U.S. Senate Banking Committee advanced his nomination along with several other picks from the Trump White House.
Expert Analysis
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6 Shifts In Trump Tax Law May Lend A Hand To M&A Strategy
Changes in the Trump administration's recent One Big Beautiful Bill Act stand to create a more favorable environment for mergers and acquisitions, including full bonus depreciation and an expanded code section, say attorneys at K&L Gates.
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Trends In Post-Grant Practice Since USPTO Denial Guidance
Six months after the U.S. Patent and Trademark Office updated its guidance on discretionary denial of inter partes review and post-grant review, noteworthy trends in denial statistics have emerged, warranting a reassessment of strategies for parallel proceedings, says Andrew Ramos at Bayes.
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Examining The Quietest EEOC Enforcement Year In A Decade
The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.
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Transource Ruling Affirms FERC's Grid Planning Authority
The Third Circuit's recent decision in Transource Pennsylvania v. DeFrank, reversing a state agency's denial of an electric transmission facility permit, provides a check on states' ability to veto needed power projects, and is a resounding endorsement of the Federal Energy Regulatory Commission's regional transmission planning authority, say attorneys at Wilson Sonsini.
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Assessing The Future Of The HIPAA Reproductive Health Rule
In light of a Texas federal court's recent decision to strike down a U.S. Department of Health and Human Services rule aimed to protect the privacy of patients seeking abortions and gender-affirming care, entities are at least temporarily relieved from compliance obligations, but tensions are likely to continue for the foreseeable future, says Liz Heddleston at Woods Rogers.
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State Paid Leave Laws Are Changing Employer Obligations
A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.
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How Crypto Embrace Will Affect Banks And Credit Unions
The second Trump administration has moved aggressively to promote crypto-friendly reforms and initiatives, and as the embrace of stablecoins and distributed ledger technology grows, community banks and credit unions should think strategically as to how they might use these innovations to best serve their customers, says Jay Spruill at Woods Rogers.
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In NY, Long COVID (Tolling) Still Applies
A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.
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Navigating The SEC's Evolving Foreign Private Issuer Regime
As the U.S. Securities and Exchange Commission reevaluates foreign private issuer eligibility, FPIs face not only incremental compliance costs but also a potential reshaping of listing strategies, capital access, enforcement exposure and global regulatory coordination, potential unintended effects that deserve further exploration, say attorneys at Simpson Thacher.
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New Conn. Real Estate Laws Will Reshape Housing Landscape
With new legislation tackling Connecticut's real estate landscape, introducing critical new requirements and legal ambiguities that demand careful interpretation, legal counsel will have to navigate a significantly altered and more complex regulatory environment, say attorneys at Harris Beach.
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USPTO Under Squires: A Look At The First Month
New U.S. Patent and Trademark Office Director John Squires' opening acts — substantive and symbolic — signal a posture that is more welcoming to technological improvements and focused on rebalancing the office's gatekeeping role, say attorneys at Seyfarth.
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Iran Sanctions Snapback Raises Global Compliance Risks
The reimplementation of U.N. sanctions targeting Iran’s nuclear program, under a Security Council resolution's snapback mechanism, and related actions in Europe and the U.K., may change U.S. due diligence expectations and enforcement policies, particularly as they apply to non-U.S. businesses that do business with Iran, says John Sandage at Berliner Corcoran.
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Hermes Bags Antitrust Win That Clarifies Luxury Tying Claims
A California federal court recently found that absent actual harm to competition in the market for ancillary products, Hermes may make access to the Birkin bag contingent on other purchases, establishing that selective sales tactics and scarcity do not automatically violate U.S. antitrust law, say attorneys at Holland & Knight.
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Glimmers Of Clarity Appear Amid Open Banking Disarray
The Consumer Financial Protection Bureau's vacillation over data rights rules has created uncertainty, but a recent proposal is a strong signal that open banking regulations are here to stay, making now the ideal time for entities to take action to decrease compliance risk, says Adam Maarec at McGlinchey Stafford.
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Opinion
High Court, Not A Single Justice, Should Decide On Recusal
As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.