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McDermott Will & Schulte

This Week in 340B: October 28 – November 3, 2025

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Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Vinson & Elkins LLP

Growing Trade Compliance Hurdles: BIS Adopts the 50% Rule for Entity List and MEU List Entities (UPDATED)

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UPDATE - On November 10, 2025, the Department of Commerce’s Bureau of Industry and Security (“BIS”) issued its final rule staying the new Affiliates Rule, which will make any unlisted foreign entity owned, directly or...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Confirms That PTAB Patentability Findings Do Not Have Issue-Preclusive Effect in District Court

The Federal Circuit recently vacated a summary judgment ruling of invalidity, holding that the district court erred in applying preclusive effect to the Patent Trial and Appeal Board’s unpatentability findings regarding other...more

Akin Gump Strauss Hauer & Feld LLP

EPA Revisits PFAS Reporting (Again)

On November 10, 2025, the U.S. Environmental Protection Agency (EPA) released the pre-publication draft proposed rule to amend the PFAS reporting requirements under TSCA, entitled “Perfluoroalkyl and Polyfluoroalkyl...more

Perkins Coie

2025 Illinois Labor and Employment Legislative Roundup

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Key Takeaways - In 2025, Illinois boosted paid breaks for nursing mothers, NICU leave, and organ donation rights for part-time employees. Significant amendments to the Workplace Transparency Act will require new...more

Constangy, Brooks, Smith & Prophete, LLP

The pendulum is about to swing at the EEOC. Are you ready?

On January 21, the day after President Trump designated Andrea Lucas as Acting Chair of the Equal Employment Opportunity Commission, the Commission issued a press release describing Ms. Lucas’s priorities as including the...more

Jones Day

Director Terminates Proceeding Based on Inconsistent Testimony

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On October 1, 2025, USPTO Director John Squires issued his first Director Review decision, terminating in whole IPR2024-00465 (“IPR465”) based on unreliable and inconsistent expert testimony. In IPR465, Interactive...more

Troutman Pepper Locke

New Jersey Courts May Be Limiting the Labor Commissioner’s Effort to Curtail Independent Contractors in that State: October 2025...

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This month’s legal developments include a key case decided in New Jersey that supports a less stringent application of that state’s ABC test for independent contractor (IC) status. In late April 2025, the New Jersey Labor...more

Wiley Rein LLP

Ninth Circuit Upends USDA’s Bioengineered Food Disclosure Requirements

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In Natural Grocers v. Rollins, the U.S. Court of Appeals for the Ninth Circuit significantly upended certain parts of the U.S. Department of Agriculture’s (USDA) National Bioengineered Food Disclosure Standard (BE Rule). ...more

Ballard Spahr LLP

EPA Proposes Sweeping Changes to TSCA PFAS Reporting

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The Environmental Protection Agency (EPA) announced targeted amendments to its 2023 PFAS Data Reporting and Recordkeeping Rule, which requires collection and reporting on per- and polyfluoroalkyl substances (PFAS)...more

Hinshaw & Culbertson - Health Care

Florida Mandates Timely Refunds of Patient Overpayments - What Healthcare Providers Need to Know

Effective January 1, 2026, new Florida legislation imposes strict requirements on healthcare facility licensees and practitioners to refund patient overpayments within a specified timeframe. The law introduces clear...more

DLA Piper

Government Shutdown Update: Tuesday, November 11, 2025

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The House is expected to vote on the continuing resolution (CR) and minibus package as early as 4 pm tomorrow, with members on their way back to Washington, D.C. in anticipation of the vote....more

Troutman Pepper Locke

FDA Takes Cigarette Graphic Health Warnings Fight to Eleventh Circuit

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On October 27, FDA appealed a decision of the U.S. District Court for the Southern District of Georgia that vacated the agency’s 2020 rule requiring graphic health warnings on cigarette packaging and advertisements. This...more

Benesch

U.S. DOT Regulation of Shippers? Comments by the Transportation Secretary Raise Questions of Shipper Risk

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Transportation Secretary Sean Duffy’s recent comments on Fox News’ “The Will Cain Show” have raised concerns across supply chains that purchasers of transportation and logistics services may face new liabilities and...more

Ice Miller

As Seasons Change, the NLRB Remains Deep in Hibernation

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As of January 20, 2025—inauguration day—most of us who keep a close eye on the National Labor Relations Board (NLRB) expected that significant changes to key NLRB policies and precedents would soon be in the offing, as has...more

Epstein Becker & Green

What Restoring a Quorum at the NLRB Could Mean for Employers - #WorkforceWednesday® - Employment Law This Week®

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This week, we examine what employers should anticipate as the National Labor Relations Board (NLRB)—which currently has only one active member, a Democrat, and four vacancies—moves closer to regaining a quorum and resuming...more

Morrison & Foerster LLP

Ninth Circuit Strikes Down Key Provisions of USDA’s Bioengineered Food Disclosure Rule

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In a major decision for food manufacturers and retailers, the Ninth Circuit recently struck down the U.S. Department of Agriculture (USDA) exemption for highly refined foods under the National Bioengineered Food Disclosure...more

Beveridge & Diamond PC

Senator Mike Lee Introduces Bill to Remove Citizen Suits from the Clean Air Act

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What Happened - Senator Mike Lee (R-UT), Chairman of the Senate Committee on Energy and Natural Resources, recently introduced legislation that would eliminate citizen suits under the federal Clean Air Act (CAA). The Fair...more

Latham & Watkins LLP

EPA Proposes Exemptions to TSCA PFAS Reporting Rule, New Deadline Extension

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On November 10, 2025, the US Environmental Protection Agency (EPA) released its much anticipated proposed changes to what is often referred to as the “8(a)(7) Rule” that requires businesses to report on the manufacture and...more

Blake, Cassels & Graydon LLP

Implementation Framework for the Right to a Healthy Environment Under CEPA

Background - In June 2023, the Canadian Environmental Protection Act, 1999 (CEPA) was amended to recognize the Right to a Healthy Environment (Right) and to require the development of an implementation framework outlining...more

Warner Norcross + Judd

Lessons From Treasury’s Department-Wide Investigation Into Potential Contracting Fraud

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On Nov. 6, the U.S. Department of the Treasury (Treasury) announced a comprehensive, department-wide audit of all contracts and task orders awarded under preference-based contracting programs. Treasury specifically cited...more

Vedder Price

TCPA Turnstile: Living in a Post-McLaughlin World (TCPA Update Vol. 21)

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Since our last TCPA update, the biggest development was the Supreme Court’s ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., which we wrote about here, which established that federal courts are not bound...more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – November 2025 # 2

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week. Federal Activities: On...more

McGlinchey Stafford

Fifth Circuit Says No To NLRB’s Authority To Award Compensatory Damages

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In a recent case decided on October 31, 2025, the Fifth Circuit gave a resounding “no” to the National Labor Relations Board (NLRB) in its effort to award compensatory damages to individuals who are the victims of unfair...more

Jackson Lewis P.C.

PR OSHA’s New Penalty Framework for Workplace Safety Violations Increases Fines for Employers

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Takeaways- • Puerto Rico Occupational Safety and Health Administration (PR OSHA) has increased penalty amounts for workplace safety violations. • The new penalty structure ensures consistency with federal OSHA...more

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