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Public Policy
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October 06, 2025
New H-2A Wage Rule May Worsen Farm Labor Shortages
A new regulation revamping wage calculations for workers on temporary H-2A visas is being welcomed by agricultural employers, but the possibility of depressed wages could tie up the policy in litigation at a time when the Trump administration is predicting farm labor shortages.
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October 06, 2025
OCC To Ease Exams, Simplify Licensing For Smaller Banks
The Office of the Comptroller of the Currency moved Monday to ease its oversight of banks with under $30 billion in assets, rolling out policy changes that include cutting back on their exam requirements and potentially expanding their access to expedited licensing options.
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October 06, 2025
Justices Hint At Barring Del. Med Mal Law In Federal Court
The U.S. Supreme Court on Monday appeared to side with a retired attorney's position that a Delaware medical malpractice statute clashes with federal rules of procedure and is therefore unenforceable in federal court, with several justices saying the law appears to be an improper procedural requirement.
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October 06, 2025
Justices Urged To Leave Trans Passport Ban On Ice
Two classes of transgender and nonbinary people urged the U.S. Supreme Court on Monday to reject the Trump administration's bid to lift a nationwide order that requires it to continue issuing passports that reflect the holders' gender identity, saying the proposed policy change is a textbook example of an unreasoned decision.
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October 06, 2025
​​​​​​​Broadcasters Say FCC Can Nix Nat'l Ownership Cap. It's Iffy
Top TV station chains insist the Federal Communications Commission has clear authority to scrap a decades-old cap on national audience share controlled by any one company. But they're wading into a murky legal area almost certain to prompt a flood of litigation.
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October 06, 2025
ICE Accused Of Silencing Press And Protesters In Chicago
Chicago-area journalists and demonstrators on Monday sued the Trump administration in Illinois federal court, alleging in a proposed class action that federal agents in full combat gear have been violently violating their First Amendment rights to protest peacefully and report news.
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October 06, 2025
DC Circ. Grills Feds Over Expedited Removal Procedures
A D.C. Circuit judge on Monday pressed the government about the procedures in place for ensuring noncitizens who are ineligible for expedited removal aren't deported, noting a dearth of evidence about their sufficiency.
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October 06, 2025
FCC Eyes Creating 'Assembly Line' For Space Licensing
The Federal Communications Commission plans to streamline space licensing by setting up an "assembly line" to clear paperwork faster, the agency's chief said Monday.
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October 06, 2025
'We Paid Him': Ex-VP Testifies In Former Budget Official's Trial
Former Connecticut school construction grant director Konstantinos Diamantis claimed he was drowning in bills and increasingly demanded money when a masonry contractor didn't immediately pay kickbacks on the timeline he wanted, the construction company's onetime vice-president testified Monday.
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October 06, 2025
Unions Ask Court To Save Fed. Workers' Jobs Amid Shutdown
A California federal judge should block the Trump administration from carrying out its threats to use the government shutdown as an occasion to fire another large swath of federal workers, two unions argued, requesting a temporary restraining order that would protect the jobs of the federal workers they represent.
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October 06, 2025
Justices Won't Hear Challenge To Mich. Claims Court
The U.S. Supreme Court declined Monday to take up a challenge to the structure of Michigan's trial-level court for claims against the state, which is staffed by judges of the state's intermediate appellate court.
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October 06, 2025
Labor, Energy Groups Challenge EPA's $7B Solar Cancellation
A coalition of the labor and solar energy industry players on Monday alleged the U.S. Environmental Protection Agency violated the Constitution and federal law by canceling a $7 billion program providing solar equipment to low-income households.
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October 06, 2025
Utah Bank Is No 'Dummy' Lender, OppFi Says In Calif. Fight
Opportunity Financial is looking to close the book on California's banking regulator's claims that it illegally evaded the state's interest rate caps through a sham lending partnership with an out-of-state bank, arguing in a summary judgment bid that its Utah partner, FinWise Bank, is the lawful lender and therefore exempt from California's rate limits.
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October 06, 2025
Supreme Court Won't Look At FTC's Telemarketing Rule
The U.S. Supreme Court on Monday declined to hear a challenge to the way the Federal Communications Commission defines an outbound sales call, denying a certiorari petition from two sales companies challenging their liability for dialing numbers on the Do Not Call Registry because they weren't selling anything.
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October 06, 2025
Suit Aims To 'Claw Back' Kalshi's Ga. Predictions Proceeds
Kalshi Inc. and Robinhood are among a slew of defendants who have been sued in Georgia over allegations that the companies' so-called prediction markets are sidestepping the Peach State's ban on gambling, adding to a growing roster of litigation stemming from the companies' business practices.
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October 06, 2025
Suit Seeks Recording Said To Show Border Czar Taking Cash
Legal advocacy group Democracy Forward in a suit Monday asked a D.C. federal court to order the Trump administration to hand over a recording that reportedly shows White House border czar Tom Homan accepting a $50,000 cash payment from undercover FBI agents last year.
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October 06, 2025
Google Judge Anticipates 'Fine-Tuning' Ad Tech Remedies
The Justice Department and Google questioned their last witnesses Monday in a fight over whether to break up the company's advertising placement technology business, in a two-hour hearing with a rebuttal witness, a rare surrebuttal witness, and an acknowledgment from the Virginia federal judge overseeing the case that even after she delivers her final judgment, it might need revisions in the future.Â
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October 06, 2025
Kratom, Kava Makers Sue Utah Over 'Arbitrary' Product Ban
Businesses that market psychoactive products derived from the kratom leaf and kava root have filed a federal lawsuit against Utah regulators challenging the constitutionality of new rules blocking the sale of their wares in the state.
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October 06, 2025
DOJ Gets 48 Hours To Justify Abrego Garcia's Detention
A Maryland federal judge on Monday gave the government 48 hours to show that it had taken steps to remove Kilmar Abrego Garcia to a third country "in the reasonably foreseeable future" or face the prospect of his release from immigration custody pending his habeas petition.
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October 06, 2025
Puerto Rico Finance Board Members' Removal Paused
A federal district court judge blocked President Donald Trump's removal of three members of the Financial Oversight and Management Board for Puerto Rico who had accused the president of illegally firing them without cause.
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October 06, 2025
High Court Won't Take Up Md. Retirees' Drug Benefits Suit
The U.S. Supreme Court on Monday refused to review a Fourth Circuit decision concluding that Maryland wasn't contractually bound to provide benefits to employees upon retirement, turning away a case that challenged the state's transition of retirees' prescription drug benefits from a state subsidy to Medicare.
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October 06, 2025
NJ Justices Seem Skeptical Wage Law Excludes Immigrants
The New Jersey Supreme Court appeared skeptical Monday that a worker can't bring state wage and hour claims because he is an unauthorized immigrant, as an appellate court had found, and grilled a realty management company's attorney about the source of an argument.
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October 06, 2025
NY Pot Regulators Say Towns' Local Laws Preempted
New York cannabis regulators on Monday adopted a pair of advisory opinions finding that local laws in two Long Island towns restricting the operations of licensed cannabis retailers were "unreasonably impracticable" and were preempted by state policy.
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October 06, 2025
Illinois, Chicago Sue To Block National Guard Deployment
The state of Illinois and the city of Chicago sued the Trump administration in federal court Monday seeking to block the federalization and deployment of as many as 700 members of the National Guard to the city, arguing that bedrock legal principles limiting the president's authority to involve the military in domestic affairs are "in peril."
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October 06, 2025
3rd Circ. Rejects Novo Nordisk's Medicare Pricing Challenge
The Third Circuit on Monday shot down another challenge to the Medicare drug price negotiation program, denying claims by pharmaceutical giant Novo Nordisk that Congress illegally delegated too much authority to the executive branch.
Expert Analysis
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Expect DOJ To Repeat 4 Themes From 2024's FCPA Trials
As two upcoming Foreign Corrupt Practice Act trials approach, defense counsel should anticipate the U.S. Department of Justice to revive several of the same themes prosecutors leaned on in trials last year to motivate jurors to convict, and build counternarratives to neutralize these arguments, says James Koukios at MoFo.
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As Student Loan Outlook Dims, What Happens To The Banks?
While much of the news around the student loan crisis focuses on the direct impact on young Americans' decreasing credit scores, the fate of the banks themselves — and the effect on banking policy — has been largely left out of the narrative, says Madeline Thieschafer at Fredrikson & Byron.
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How Trade Fraud Task Force Launch Furthers Policy Goals
A new cross-agency trade fraud task force is the latest in a series of Trump administration efforts to leverage agency relationships in pursuit of its trade policy goals, and its creation signals a further uptick in customs enforcement, say attorneys at Morgan Lewis.
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Keys To Extended Producer Responsibility Compliance
As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.
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Digital Asset Report Opens Doors For Banks, But Risks Linger
A recent report from a White House working group discussing digital asset market structure signals how banks may elect to expand into digital asset custody, trading and related services in the years ahead, but the road remains layered with challenges, say attorneys at Foley & Lardner.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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5 Real Estate Takeaways From Trump's Sweeping Tax Law
Changes to the Internal Revenue Code included in the One Big Beautiful Bill Act will have a range of effects on real estate sponsors, investors and real estate investment trusts — from more compliance flexibility around taxable REIT subsidiary limits to new considerations raised by a key retaliatory tax provision that was left out, say attorneys at DLA Piper.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting
As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.
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How Securities Test Nuances Affect State-Level Enforcement
Awareness of how different states use their securities investigation and enforcement powers, particularly their use of the risk capital test over the federal Howey test, is critical to navigating the complicated patchwork of securities laws going forward, especially as states look to fill perceived federal enforcement gaps, say attorneys at WilmerHale.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Calif. Bill May Shake Up Healthcare Investment Landscape
If signed by the governor, newly passed California legislation would significantly expand the Office of Health Care Affordability's oversight of private equity and hedge fund investments in healthcare companies and management services organizations, and raise several questions about companies' data confidentiality and filing burdens, say attorneys at Ropes & Gray.
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How Prohibiting Trigger Leads May Affect Mortgage Marketing
Recent amendments to the Fair Credit Reporting Act prohibiting the sale of trigger leads mark a significant shift in the regulatory landscape for mortgage lenders, third-party lead generators and their legal counsel, who should reevaluate lead generation strategies and compliance protocols, say Joel Herberman, Rob Robilliard and Leah Dempsey at Brownstein Hyatt.