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Public Policy
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October 03, 2025
Justices To Confront Divisive Cases On Rights, Power, Liberty
The U.S. Supreme Court is poised to confront a slate of divisive issues in its upcoming term that begins Monday, with voting rights, transgender equality, religious freedom, immigration detention, and criminal procedure all on the docket.
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October 03, 2025
Portland Labor Peace Rule Not Preempted By NLRA, City Says
The city of Portland asked an Oregon federal judge Friday to toss a nonprofit's challenge to the city's requirement for its janitorial, security and industrial laundry contractors to sign labor peace agreements with unions, telling the judge the requirement isn't preempted by the National Labor Relations Act.
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October 03, 2025
High Court Broker Negligence Case 'Pivotal' For Trucking
The U.S. Supreme Court grabbed an opportunity to smooth out splintered circuit court rulings on whether freight brokers might also be liable for roadway accidents that have killed or injured people, potentially providing long-sought clarity to middlemen in a trucking and logistics sector unnerved by recent supersized verdicts against carriers and drivers.
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October 03, 2025
Fla. $608M FEMA Grant May Revive Detention Center Suit
A spokesperson for the Federal Emergency Management Agency confirmed Friday that it awarded Florida $608 million in reimbursement funds for building and running mass detention centers, including the so-called Alligator Alcatraz facility in Big Cypress National Preserve.
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October 03, 2025
NIH Sets Patent License Policy Aimed At Promoting Access
The National Institutes Of Health has implemented a new policy that was proposed during the Biden administration to require those seeking commercial licenses to NIH-owned patents to detail how they will promote patient access for new drugs or medical devices they develop.
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October 03, 2025
Video Platform Rumble Defends Claims In Google Ad Tech MDL
Video-sharing site Rumble Inc. urged a New York federal court on Friday not to toss its claims in the multidistrict litigation over Google's advertising technology, saying the allegations are similar to those being brought by federal and state enforcers and others that all survived dismissal.
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October 03, 2025
Sentenced To Debt: The Growing Fight Over Court Fees
Activists are increasingly working to abolish the myriad fees that states and municipalities charge criminal defendants to fund their courts and jails but that critics say leave indigent people with lifelong debt they can never pay.
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October 03, 2025
11th Circ. Pushes Forward Fla.'s ACA Trans Health Appeal
The Eleventh Circuit resolved a jurisdictional question that will allow Florida to continue pursuing its challenge against Biden-era policies impacting Affordable Care Act coverage for gender-affirming care.
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October 03, 2025
Amazon Union Seeks To Defend New York's NLRB Fill-In Law
The Amazon Labor Union has asked a New York federal judge to let it defend a New York law empowering state enforcers to fill in for the beleaguered National Labor Relations Board, saying Amazon's bid to nullify the new law imperils an unfair firing charge it filed with the state.
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October 03, 2025
Jewish Committee Backs Tribes' High Court Voting Challenge
The American Jewish Committee is backing two North Dakota tribes in their Supreme Court bid to undo an Eighth Circuit voting rights order, telling the justices the guiding principle of any democracy is that the government needs to make it easy to cast a ballot.
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October 03, 2025
Full 6th Circ. Skips Free Speech Row Over Drone Hunting Ban
The Sixth Circuit on Friday declined to reconsider whether Michigan's ban on the use of drones for hunting violates the right to free speech, finding the issue was already covered in an earlier ruling, but warning the case could raise bigger First Amendment concerns in the future.
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October 03, 2025
Justices Again Clear Trump To Scrap TPS For Venezuelans
The U.S. Supreme Court for a second time cleared the Trump administration to undo temporary protected status designations for hundreds of thousands of Venezuelans, despite lower court rulings concluding it acted unlawfully, sparking a fierce dissent by Justice Ketanji Brown Jackson.
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October 03, 2025
DC Circ. Nixes Enforcement Of $156M India Award
The D.C. Circuit on Friday ordered a lower court to reconsider defenses raised by India as it fights efforts by Deutsche Telekom AG to enforce a nearly $156 million arbitral award against the country over a nixed satellite lease and telecommunications deal, including whether the dispute belonged in arbitration.
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October 03, 2025
Fed. Circ. Sinks Advocacy Groups' Bid For PTAB 'Veto' Rule
The Federal Circuit on Friday affirmed a lower court's rejection of efforts by advocacy groups to create a "veto" for small-business patent owners defending themselves at the Patent Trial and Appeal Board, saying in a precedential decision that the groups lacked standing.
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October 03, 2025
NC Gov. Gives Stamp Of Approval To Bill Ending Cashless Bail
North Carolina's Democratic governor on Friday signed into law a bill to eliminate cashless bail that is named for the Ukrainian refugee who was murdered on Charlotte's public transit system, but he said it lacks overall "vision" and lambasted a provision adopting alternative execution methods in the state.
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October 03, 2025
'Clean Slate' For Broadcast Rules Needed, Think Tank Says
An economics think tank suggested the Federal Communications Commission go back to the drawing board with rules governing radio and TV ownership, suggesting that the existing rules would not be envisioned in the current competitive, multimedia environment.
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October 03, 2025
Court Limits In Congress' NEPA Reform Push Spark Debate
Congressmembers' hopes to facilitate the faster approval of projects that require environmental reviews like pipelines and other energy infrastructure may be an uphill battle despite bipartisan support due to accompanying provisions, such as limited judicial review, that have invited opposition.
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October 03, 2025
Pa. Supreme Court Snapshot: Silent Witness, Corporate Veil
When its October session launches Tuesday, the Pennsylvania Supreme Court will consider issues such as the time limits on long-hidden crimes and long-undiscovered construction flaws, along with witnesses who say nothing on the stand and experts who opine on manner of death.
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October 03, 2025
High Court Asked To Review Racial Bias In Miss. Jury Strikes
It wasn't until after he endured six capital murder trials tainted by racial prejudice that Curtis Flowers, a Black Mississippian, was finally exonerated, had the charges against him dismissed and his name cleared.
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October 03, 2025
Native Groups Urge Action As Shutdown Threatens Services
Federal lawmakers and Native American nonprofits are calling for funding to continue certain services during the U.S. government shutdown, saying they're concerned about the disproportionate harm it could have on tribal communities.
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October 03, 2025
Mass. Justices Say Pandemic Delay Not Speedy Trial Violation
Massachusetts' highest court ruled Friday that pandemic-related delays in bringing a defendant to trial did not violate his right to a speedy trial under the state and U.S. constitutions.
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October 03, 2025
Gov. Lamont May Testify In Ex-Conn. Budget Official's Trial
Former Connecticut budget official Konstantinos Diamantis on Friday told a panel of potential jurors that he plans to call Gov. Ned Lamont to testify in his federal corruption trial, setting up a possible courtroom showdown between Diamantis and the elected official who removed him from his post before he was indicted.
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October 03, 2025
DC Circ. Eyes Pre-Enforcement Standing In Gun Ban Case
A panel of D.C. Circuit judges wrestled with where to draw the line on pre-enforcement challenges in Second Amendment cases Friday as Washington, D.C., defended its ban on firearms on Metro trains and buses from area gun-owners seeking to carry and ride.
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October 03, 2025
FERC Finding Friendlier Courts In Gas Project Approval Fights
The Federal Energy Regulatory Commission is getting more leeway from courts in lawsuits challenging its gas project approvals following a recent U.S. Supreme Court ruling that curtailed federal environmental reviews, which may ultimately speed up the agency's consideration of projects.
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October 03, 2025
Pot Co. Urges 9th Circ. To Revive Labor Peace Law Challenge
A cannabis retailer challenging the constitutionality of a California law that requires marijuana businesses to have labor peace agreements with unions is urging the Ninth Circuit to revive its lawsuit against the state.
Expert Analysis
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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.
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Opinion
Congressional Bid Protest Concerns Lack Evidence
The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.