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Public Policy
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October 01, 2025
States, Businesses Push Justices To Extend Tariff Arguments
The dozen states, several small businesses and Illinois toymakers that challenged President Donald Trump's emergency tariffs filed a joint motion Wednesday requesting more time to better represent their different claims for oral arguments at the U.S. Supreme Court in November.
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October 01, 2025
FCC Sets Furlough Plan In Motion With Government Shutdown
The Federal Communications Commission's staff halted most regular operations Wednesday as Congress failed to reach a deal to continue funding agencies after the end of the government's fiscal year.
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October 01, 2025
Trump Unlawfully Fired Dem Member Of STB, Suit Alleges
A recently fired Democratic member of the Surface Transportation Board sued President Donald Trump in federal court Wednesday, alleging that he was unlawfully removed from his position and should be allowed to serve the rest of his term.
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October 01, 2025
White House Issues New NEPA Guidance To Federal Agencies
The White House Council on Environmental Quality has released guidance for federal agencies that are working to update their National Environmental Policy Act guidelines.
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October 01, 2025
Muscogee Citizen Fights Okla. Tax Ruling In Supreme Court
A member of the Muscogee Creek Nation is asking the U.S. Supreme Court to overturn an Oklahoma high court ruling that denied her tax-exempt status, arguing the dispute involves an important question of taxing jurisdiction in tribal lands that broke a long line of precedent.
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October 01, 2025
USPTO Lays Off Employees, Closes Rocky Mountain Office
The U.S. Patent and Trademark Office laid off some employees Wednesday as part of a reduction-in-force that's affecting around 1% of the agency's workforce, making the move on the first day of the government shutdown, according to sources familiar with the plans.
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October 01, 2025
Ohio Says Norfolk Southern Fully Liable In Derailment Suit
Ohio is asking a federal judge to find Norfolk Southern Corp. fully liable for pollution stemming from the 2023 East Palestine train derailment, saying the court should find that each railcar is a separate source of pollution under state law and assess penalties accordingly.
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October 01, 2025
Fed. Bill Would Let Judges Be Sued Over Repeat Offenders
A federal lawmaker from North Carolina has proposed a bill to create a pathway for crime victims and their families to sue judges found to have acted with "intentional disregard for public safety" by releasing individuals convicted of violent crime who go on to re-offend.
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October 01, 2025
4th Circ. Won't Rehear Consultancy's $5M SBA Loan Suit
The Fourth Circuit declined to reconsider a global consultancy and risk management company's lawsuit against the U.S. Small Business Administration in which the consultant argued its $5 million loan was eligible for COVID-19 debt relief.
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October 01, 2025
Va. Biz Group Calls Charter, Cox Tie-Up Good For Consumers
The Virginia Chamber of Commerce urged the Federal Communications Commission to approve the planned $34.5 billion merger of cable giants Charter and Cox, saying it would be good for consumers as the companies cut costs through scale.
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October 01, 2025
Groups Seek Block On Use Of IRS, SSA Data For Deportations
A coalition of immigrant advocacy groups has asked a Massachusetts federal judge to block the government from the "unfettered" use of Internal Revenue Service and Social Security Administration data to identify and target millions of people for deportation.
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October 01, 2025
NLRB Nominee Pledges To Resist Pressure From Trump
One of President Donald Trump's nominees to serve on the National Labor Relations Board said at a U.S. Senate confirmation hearing Wednesday that he would resist a directive from the president to rule for Amazon or SpaceX in a dispute with their workers.
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October 01, 2025
Peru Says Mining Co. Can't Revive $417M Penalty Claim
Peru is resisting an Arizona-based mining company's bid to annul a decision by international arbiters who found they lacked jurisdiction over $417 million in penalties and interest the country imposed for unpaid royalties, saying the company is wrong to claim the issue was improperly ignored.
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October 01, 2025
Calif. Joins NY In Letting Labor Agency Fill In For NLRB
California has become the latest state to empower its labor board to step in when the federal labor board cannot, joining New York on a path that has been praised by unions, maligned by management and challenged by the National Labor Relations Board.
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October 01, 2025
Ex-Immigration Judge, DOJ Settle Bias Suit
The U.S. Department of Justice and a former immigration judge agreed Wednesday to settle a lawsuit in Florida federal court alleging she was denied a hardship transfer and reasonable accommodation due to her gender and age.
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October 01, 2025
Va. Prosecutor Indicting Comey Tapped For Full US Atty Role
The interim U.S. attorney for the Eastern District of Virginia, who is bringing charges against former FBI Director James Comey, has been tapped by President Donald Trump for the full-term role.
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October 01, 2025
4th Circ. Nixes Cannabis Entrepreneur's Rehearing Bid
The Fourth Circuit on Tuesday rejected a California cannabis entrepreneur's request for an en banc rehearing of her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program.
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October 01, 2025
Trump's Bid To Cut NY Anti-Terror Funds Paused For Now
A Manhattan federal judge on Wednesday temporarily blocked the Trump administration's cut of $34 million to protect New York's massive transit system from terrorism, crediting the state attorney general's allegation that the White House unlawfully tied the grant to immigration policy.
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October 01, 2025
E-Verify System Goes Down As Gov't Shutdown Takes Hold
The federal E-Verify system that employers must use to check people's eligibility to work in the U.S. went down Wednesday morning as a result of the government shutdown, while federal immigration courts are anticipated to keep operating.
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October 01, 2025
Pick For Del.'s 3rd Circ. Seat Advances Despite Few State Ties
Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit, who is currently serving in the White House Counsel's Office and has come under scrutiny for her lack of ties to the state, had her nomination voted out of committee along party lines Wednesday.
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October 01, 2025
High Court Lets Fed's Cook Keep Job For Now
The U.S. Supreme Court said Wednesday that it will wait to hear oral arguments early next year before ruling on President Donald Trump's bid to immediately oust Federal Reserve Gov. Lisa Cook, a move that will allow her to remain on the job in the meantime.
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September 30, 2025
Feds Press 2nd Circ. To Nix Students' Removal Challenges
The Trump administration on Tuesday urged the Second Circuit to reverse lower courts' findings that led to the release of two college students who say they were wrongly detained by immigration officials for expressing pro-Palestinian views, attacking the notion that they're able to bring habeas corpus challenges to their detention.
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September 30, 2025
Google Ad Tech Judge Says Court Order Is 'Elephant In Room'
A Virginia federal judge again wondered Tuesday how far she must go to address Google's advertising placement technology monopolies, asking if a breakup is needed since, no matter what happens, the company will be under a court order banning efforts to put its thumb on the scales of competition.
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September 30, 2025
Full 5th Circ. To Revisit Trump Use Of Wartime Removal Law
The Fifth Circuit on Tuesday ordered all of its judges to revisit a split decision that found President Donald Trump's proclamation invoking the 1798 Alien Enemies Act to deport alleged Venezuelan gang members to be likely unlawful.
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September 30, 2025
DOJ Sues LA Sheriff's Department Over Delayed Gun Permits
The U.S. Department of Justice on Tuesday accused the Los Angeles County Sheriff's Department of infringing Californians' Second Amendment rights, days after the DOJ announced a new office focused on affirmative litigation against local governments and private entities that interfere with federal policies.
Expert Analysis
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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.
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How The Genius Act May Aid In Fight Against 'Pig Butchering'
The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.