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Public Policy
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December 03, 2025
OCC Taps Ex-DC Civil Division Head As Deputy Chief Counsel
The Office of the Comptroller of the Currency said Wednesday that it has hired a longtime litigator with the U.S. Attorney's Office for the District of Columbia to be a senior official in the banking agency's legal department.
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December 03, 2025
Split Conn. High Court Backs Town In Police Pension Row
The Connecticut Supreme Court ruled Wednesday that the town of Groton isn't required to make health savings account contributions in order to offset deductibles owed by retired police officers, reasoning that HSA contributions don't qualify as insurance coverage or deductibles under the parties' pension agreement.
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December 03, 2025
NLRB Nears Quorum As Senate Committee Approves Pick
The National Labor Relations Board neared a return to full function Wednesday as the U.S. Senate labor committee approved a corporate labor counsel nominated to fill one of four board vacancies, teeing him up for confirmation by the full Senate.
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December 03, 2025
Judge Rejects X's Early Attempt To Block Minn. Deepfake Law
A Minnesota federal judge has denied X Corp.'s request for a favorable ruling in its challenge to a Minnesota state law curtailing the dissemination of "deepfakes" aimed at influencing elections, saying X had not shown that it could be harmed by the law in a manner that would give it standing to block it.
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December 03, 2025
FTC Backs Nixing ABA Role As 'Gatekeeper' For Texas Bar
The Federal Trade Commission has endorsed a proposal from the Texas Supreme Court to abandon a rule requiring graduation from a law school approved by the American Bar Association for admittance to the state bar, saying the organization's "accreditation monopoly" hurts competition and consumers.
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December 03, 2025
Chevron Can Back Feds In Gulf Lease Dispute, Judge Says
A federal judge in Washington has allowed Chevron to join litigation that is seeking to block the first in a series of offshore oil and gas lease sales mandated by the budget reconciliation bill enacted in July, a transaction in which the oil giant intends to participate.
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December 03, 2025
Mass. Court Says Plea Deal Inattention May Be Ineffectiveness
Massachusetts' highest court on Wednesday concluded that a lawyer's failure to seek a plea bargain if asked to do so by a defendant may amount to ineffective assistance of counsel requiring a new trial under certain circumstances.
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December 03, 2025
NJ Seeks $195M Fee Award In $2.5B DuPont PFAS Case
New Jersey asked a Garden State federal judge this week to approve $195 million in attorney fees to its special counsel team of four firms whose six years of litigation work resulted in two landmark settlements that serve to clean up some of the state's most contaminated sites.
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December 03, 2025
Judge Frees 10th Grader Arrested By 'Swarm' Of ICE Agents
A Manhattan federal judge on Wednesday ordered the release of a 10th-grade student from Venezuela who was arrested last month at an immigration check-in, finding that his due process rights were violated by U.S. Immigration and Customs Enforcement.
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December 03, 2025
9th Circ. Asked To Reconsider Idaho Land Swap Decision
The U.S. Department of the Interior and J.R. Simplot Co. are asking the Ninth Circuit to reconsider a decision to invalidate an Idaho land transfer for the expansion of a phosphogypsum plant, arguing that the panel's conclusion flouts Supreme Court precedent and defies federal land management policy's text and central aim.
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December 03, 2025
1st Circ. Doubts Ex-BigLaw Atty's Campaign Finance Appeal
The First Circuit on Wednesday expressed misgivings about a former BigLaw attorney's argument that a jury that convicted him of a campaign finance scheme during a failed run for Congress should have been required to unanimously find that each specific transaction was illegal.
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December 03, 2025
NC Court Upholds Convictions Despite Cell Data Dispute
Two men sentenced to more than a decade in prison for shooting three people outside a restaurant cannot have a new trial because, even if cellphone evidence placing them near the crime scene was unreliable, it was not crucial to their convictions, a North Carolina appeals court said on Wednesday.
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December 03, 2025
Former Gov't Workers Challenge Trump's DEI Firing Spree
The Trump administration unlawfully targeted perceived political enemies, women and people of color when it fired all federal employees who served in roles related to diversity, equity and inclusion, former government workers said Wednesday in a proposed class action.
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December 03, 2025
Global GDP Growth Fragile Due To Tariffs, OECD Says
The global economy's gross domestic product growth in 2026 will be fragile due to the impact of U.S. tariffs and countertariffs, as well as other trade barriers, the Organization for Economic Cooperation and Development said in a report.
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December 03, 2025
Trump Pardons Democratic Rep. Henry Cuellar And Wife
President Donald Trump announced on Wednesday he pardoned Rep. Henry Cuellar, D-Texas, and his wife, Imelda Cuellar.
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December 02, 2025
5th Circ. Skeptical Of NLRB Dinging Starbucks For Subpoenas
A Fifth Circuit panel seemed skeptical of the National Labor Relations Board's claim that it can slap Starbucks Corp. with a labor law violation after it allegedly sent overbroad subpoenas to pro-union employees, saying Tuesday it seemed like the board created a "liability trap."
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December 02, 2025
NY AG Claims Peak Capital Illegally Deregulated Apartments
A New York City developer wrongfully took advantage of a rent-stabilization exemption for building renovations to profit from illegally deregulating rent-stabilized apartments, New York State and its Division of Housing and Community Renewal alleged in state court.
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December 02, 2025
Protesters Drop Use-Of-Force Suit After Feds Leave Town
Clergy, protesters and journalists on Tuesday dropped their lawsuit accusing federal agents of violently violating their First Amendment rights to protest peacefully and report news during the Trump administration's now-quiet immigration crackdown in Chicago, telling a federal judge the plaintiffs "won our case the day they left town."
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December 02, 2025
House GOP Pushing 'Suite' Of Bills To Protect Kids Online
Several House Republicans on Tuesday threw their support behind nearly 20 legislative proposals that they argued are critical for tackling the myriad of harms facing children online while avoiding First Amendment issues that have derailed similar state efforts, drawing a rebuke from Democrats who questioned how the bills would be enforced given recent cuts at the Federal Trade Commission.
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December 02, 2025
9th Circ. Judges Doubt EPA's Pesticide Ban Review Timeline
Ninth Circuit judges suggested during a hearing Tuesday that a petition by green groups to force the U.S. Environmental Protection Agency to take action on banning organophosphate pesticides may be premature, but each panel judge also expressed concerns the EPA lacks a clear timeline on banning pesticides found harmful.
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December 02, 2025
Instacart Challenges NYC's New Grocery Delivery Regulations
Instacart on Tuesday asked a federal court to block New York City's new regulations for app-based delivery workers, claiming that the new minimum wage, consumer tipping options and disclosure requirements run afoul of limits to the city's authority and threaten Instacart's operations.
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December 02, 2025
Judge Blocks Planned Parenthood Funding Cut In 22 States
A Massachusetts federal judge Tuesday stopped the Trump administration from halting Medicaid reimbursements to Planned Parenthood clinics in 22 states, ruling the funding cutoff likely violated requirements to warn the states ahead of time about the change.
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December 02, 2025
'Eating Ourselves To Death': SF Sues Processed Food Giants
The Kraft Heinz Co., General Mills, Nestle USA and other food industry giants aggressively market their ultra-processed products as staples of the American diet, despite knowing about the items' slew of dangerous health consequences, San Francisco's city attorney alleged Tuesday in a California state court lawsuit.
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December 02, 2025
Banking Regulators Pledge Basel Reset Amid Capital Rethink
Federal banking regulators told House lawmakers Tuesday that they are committed to advancing a fully rebuilt Basel III endgame rule that won't disrupt bank lending or gold-plate its requirements, although they stopped short of promising a capital-neutral result.
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December 02, 2025
FCC Says Telecom Must Block Walmart Impersonation Scam
The telecom that has been transmitting scam calls from bad actors claiming to be Walmart employees will be cut off from U.S. networks if it doesn't cut it out, the Federal Communications Commission has announced.
Expert Analysis
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Breaking Down The Intersection Of Right-Of-Publicity Law, AI
Jillian Taylor at Blank Rome examines how existing right-of-publicity law governs artificial intelligence-generated voice-overs, deepfakes and deadbots; highlights a recent New York federal court ruling involving AI-generated voice clones; and offers practical guardrails for using AI without violating the right of publicity.
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Civil Maritime Nuclear Sector Poised For Growth, Challenges
The maritime industry now stands on the verge of a nuclear-powered renaissance, with the need for clean energy, resilient power generation and decarbonized logistics driving demand for commercial maritime nuclear technology — but these developments will raise significant new legal, regulatory and technical questions, say attorneys at Holland & Knight.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues
The Trump administration’s recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act’s rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.
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NY AML Rules Get Crypto Rebrand: What It Means For Banks
A recent letter from the New York State Department of Financial Services outlining how banks can use blockchain analytics in anti-money laundering efforts is a reminder that crypto activity is not exempted from banks' role in keeping the financial system safe, says Katherine Lemire at Lankler Siffert.
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What's At Stake At High Court For Presidential Removal Power
Two pending U.S. Supreme Court cases —Trump v. Slaughter and Trump v. Cook — raise fundamental questions about the constitutional separation of powers, threaten the 90-year-old precedent of Humphrey's Executor v. U.S. and will determine the president's authority to control independent federal agencies, says Kolya Glick at Arnold & Porter.
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Using The GHG Protocol For California Climate Reporting
With the California Air Resources Board's recent announcement that entities subject to the state's climate disclosure laws can use the Greenhouse Gas Protocol as a standard for structured, auditable reporting, a review of methods, data sources and disclosures under the protocol is timely for compliance planning, says Thierry Montoya at Frost Brown.
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Employer Considerations As Ill. Ends Mandatory Fact-Finding
Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.
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Courts Are Still Grappling With McDonnell, 9 Years Later
The Seventh and D.C. Circuits’ recent decisions in U.S. v. Weiss and U.S. v. Paitsel, respectively, demonstrate that courts are still struggling to apply the U.S. Supreme Court’s 2016 ruling in McDonnell v. U.S., which narrowed the scope of “official acts” in federal bribery cases, say attorneys at Quinn Emanuel.
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Compliance Pointers Amid Domestic Terrorism Clampdown
A recent presidential memorandum marks a shift in federal domestic-terrorism enforcement that should prompt nonprofits to enhance diligence related to grantees, vendors and events, and financial institutions to shore up their internal resources for increased suspicious-activity monitoring and reporting obligations, say attorneys at Morgan Lewis.
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Trump Tax Law Has Mixed Impacts On Commercial Real Estate
The One Big Beautiful Bill Act brings sweeping changes to the real estate industry — and while the permanency of opportunity zones and bonus depreciation creates predictability for some taxpayers, sunsetting incentives for renewable energy projects will leave others with hard choices, says Jordan Metzger at Cole Schotz.
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CFTC, SEC Joint Statement Highlights New Unity On Crypto
The U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission's recent joint statement announcing a cross-agency initiative enabling certain spot crypto-asset products to trade on regulated exchanges is the earliest and most visible instance of interagency cooperation on crypto regulation, say attorneys at Morgan Lewis.
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Regulatory Uncertainties Loom As Fed Ends Crypto Oversight
The Federal Reserve Bank's recently ended crypto supervisory program headlines other recent federal actions from Congress, the White House and relevant agencies that may complicate financial institutions' digital-asset use and attendant compliance strategies, say attorneys at Buchalter.
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What The New Nondomiciled-Trucker Rule Means For Carriers
A new Federal Motor Carrier Safety Administration interim final rule restricting states' issuance of commercial drivers licenses to nondomiciled drivers does not alter motor carriers' obligations to verify drivers' qualifications, but may create disruptions by reducing the number of eligible drivers, say attorneys at Benesch.
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EU-US Data Transfer Ruling Offers Reassurance To Cos.
The European Union General Court’s recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.