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Public Policy
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October 21, 2025
Shutdown Won't Pause Suit Over Migrant Parole Terminations
A Massachusetts federal judge on Tuesday denied the government's request to stay proceedings in a proposed class action brought on behalf of nearly a million migrants that alleges their legal status was illegally ended by the Trump administration via an app.
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October 21, 2025
ISPs Put Almost $90B Into Networks Last Year, Report Says
Internet service providers are putting their money where their mouth is when it comes to investing in infrastructure, according to an industry lobbying group, which recently released a report finding that ISPs poured nearly $90 billion into broadband infrastructure last year.
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October 21, 2025
Groups Want Full DC Circ. To Review Emergency Air Rule
Environmental groups are asking the full D.C. Circuit to review a panel decision to restore air pollution-emitting facilities' right to defend themselves against alleged violations of the Clean Air Act by blaming emergency circumstances.
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October 21, 2025
Mich. Court Denies Gov't's Foreclosure Suit Atty Fee Bid
A Michigan appellate panel on Monday determined governments that foreclose on tax-delinquent properties aren't entitled to attorney fees and expenses racked up during litigation over how the surplus proceeds of the property sale are paid out.
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October 21, 2025
NTIA Looks To Surpass Budget Law's FCC Auction Target
A top U.S. Department of Commerce official said the nation's spectrum management agency is aiming to go even further than Congress' mandate to identify 500 megahertz of spectrum for private auction under this year's budget reconciliation bill.
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October 21, 2025
Third Tribe Signs Deal To Open Cannabis Shops In Minnesota
Minnesota has signed a compact with the Prairie Island Indian Community to allow the federally recognized tribe to issue licenses for eight cannabis retailers outside its reservation along with licenses to grow and manufacture the plant, the third such deal the state has made with a tribe.
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October 21, 2025
NY Appeals Ruling That Nuke Discharge Law Is Preempted
The state of New York has asked the Second Circuit to overturn a federal judge's ruling that found a state law barring the release of radioactive materials into the Hudson River was federally preempted.
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October 21, 2025
Partnership Deadline To Dispute IRS Is Fixed, Tax Court Says
A deadline to petition the U.S. Tax Court to challenge IRS adjustments to partnership returns is effectively fixed and cannot be extended, the court said Tuesday in a reviewed decision that denied an Alabama LLC's late bid to restore a $46 million deduction for donating to charity.
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October 21, 2025
Texas AG Wants Out Of Suit Over Ban On Sanctuary Cities
The Texas attorney general said Monday he would appeal to the Fifth Circuit a district court decision that left him alone defending a suit challenging a state law prohibiting local officials from limiting cooperation with federal immigration enforcement.
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October 21, 2025
Cities Sue Trump Admin Over DEI Conditions For Grant Funds
The city of Chicago and eight other local governments sued the Trump administration in Illinois federal court Monday, claiming the U.S. Department of Homeland Security has imposed unlawful conditions on federal grants that help them respond to disasters, including a requirement that they agree not to operate diversity, equity and inclusion programs.
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October 21, 2025
New York's Highest Court Demands Bail Denial Explanation
New York's highest court said a Queens trial court wrongly failed to explain why a man charged with promoting and possessing child pornography was denied bail, reversing an appeals court's dismissal of his habeas petition Tuesday.
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October 21, 2025
CFTC's Pham Expects Spot Crypto Trading By End Of Year
Acting U.S. Commodity Futures Trading Commission Chair Caroline Pham said Tuesday the agency is moving quickly to implement the White House's recommendations for enabling digital asset trading and innovation, with listed spot crypto trading expected to go live this year.
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October 21, 2025
NY Courts Can't Shield Memos To State Judges
The New York State Office of Court Administration may have to finally turn over a batch of "secret memos" that instruct state judges on how to interpret the law, the state's highest court ruled Tuesday.
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October 21, 2025
Feds, Enviro Orgs. Clash Over Bid To Pause Climate Panel Suit
The Trump administration has urged a federal judge to pause a lawsuit challenging its formation of a climate change science advisory panel while the federal government is shut down, a move opposed by the environmental groups behind the suit.
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October 21, 2025
FCC Urged To Rescind Pulling Of Equipment Testing Labs
Several entities linked to China urged the Federal Communications Commission to reconsider pulling their authorizations to run equipment testing labs in the U.S.
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October 21, 2025
Mich. AG Can Step Into Fire Insurance Policy Challenge
The Michigan attorney general can intervene in a dispute over the constitutionality of the state's Fire Insurance Withholding Program, which allows participating municipalities to withhold part of a property owner's insurance payout until fire-damaged property is repaired, a federal court ruled.
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October 21, 2025
DC Circ. Won't Pause La. LNG Terminal OK Amid FERC Fight
The D.C. Circuit has refused to pause the Federal Energy Regulatory Commission's approval of a massive liquefied natural gas export terminal in Louisiana while environmental groups and fishermen challenge the decision.
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October 21, 2025
Chamber Survey Says Overhaul Doubled Merger Filing Burden
The U.S. Chamber of Commerce on Monday released the results of a small survey indicating that an overhaul of U.S. merger notification requirements, which it's challenging in court, has created a dramatic increase in the time spent by outside counsel and the costs associated with preparing transaction paperwork.
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October 21, 2025
Pa. Senators Advance Bipartisan Cannabis Regulatory Bill
A Pennsylvania state Senate committee on Tuesday advanced a bill to create a new regulatory agency to oversee the state's medical marijuana program and market for hemp products.
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October 21, 2025
2 Calif. Tribes Seek Early Win Against OK'd Casino Project
Two California Native American tribes and an environmental nonprofit are seeking a summary judgment win in their suit accusing the federal government of improperly approving another California tribe's casino project that they say hasn't been properly assessed for environmental impact.
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October 21, 2025
Supreme Court Medina Ruling Erodes Public Health Networks
Healthcare advocates in more than a dozen states are bracing for Planned Parenthood's ouster from public benefit programs after a U.S. Supreme Court decision in June.
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October 21, 2025
Senate Confirms Fed. Judges For Florida And Alabama
The U.S. Senate voted on Tuesday to confirm Judge Anne-Leigh Gaylord Moe of the Florida Second District Court of Appeal to serve on the Middle District of Florida, along with Harold D. Mooty III, a partner at Bradley Arant Boult Cummings LLP, to the Northern District of Alabama.
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October 20, 2025
USCIS Guidance Gives Scope Of New $100K H-1B Fee
The $100,000 fee requirement for H-1B visas that took effect last month applies to new H-1B petitions filed on behalf of applicants who are outside the United States, U.S. Citizenship and Immigration Services said Monday.
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October 20, 2025
'Unacceptable': NC DOJ Rebuked For Repeat Rule Violations
A Raleigh, North Carolina, federal judge has sanctioned the state's Department of Justice, accusing one of its prosecutors of filing a frivolous motion in order to delay trial in an illegal detention lawsuit, while noting this isn't the first time the office has "tested the patience" of the federal judiciary.
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October 20, 2025
States, DC Fight Feds' Bid To Cut Billions In OMB Grant Case
Twenty-three states and the District of Columbia have told a Massachusetts federal judge to hold onto their case challenging the Trump administration's use of "a single subclause" buried in a U.S. Office of Management and Budget regulation to shut off billions in federal grants.
Expert Analysis
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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A Look At 2 Reinvigorated DOL Compliance Programs
As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.
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Opinion
Congress Must Resolve PSLRA Issue For Section 11 Litigants
By establishing a uniform judgment reduction credit for all defendants in cases involving Section 11 of the Securities Act, Congress could remove unnecessary statutory ambiguity from the Private Securities Litigation Reform Act and enable litigants to price potential settlements with greater certainty, say attorneys at Sidley.
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Stablecoin Committee Promotes Uniformity But May Fall Short
While the Genius Act's establishment of the Stablecoin Certification Review Committee will provide private stablecoin issuers with more consistent standards, fragmentation remains due to the disparate regulatory approaches taken by different states, say attorneys at Morgan Lewis.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Parsing Trump Admin's First 6 Months Of SEC Enforcement
The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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The Consequences Of OCC's Pivot On Disparate Impact
The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.
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FDA Transparency Plans Raise Investor Disclosure Red Flags
The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.
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Rising USCIS Denials May Signal Reverse On Signature Policy
Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits
A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.