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Public Policy
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December 02, 2025
2 New Judges Confirmed To NC Federal Court
The U.S. Senate confirmed two federal judges for North Carolina on Tuesday.
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December 02, 2025
SEC's Atkins Pushes To Broaden Small Business Criteria
U.S. Securities and Exchange Commission Chairman Paul Atkins said on Tuesday that the agency should push to change the definition of small business so that more publicly traded companies can forgo what he considers to be burdensome regulatory requirements.
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December 02, 2025
Thai Cabinet Backs Carbon Tax, Border Tax, Emission Trading
Thailand would institute a carbon tax, emissions trading system and carbon-border adjustment mechanism under the country's first comprehensive climate bill approved Tuesday by the country's cabinet.
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December 02, 2025
NY Child Care Property Tax Abatement Boost Sent To Hochul
New York state would increase a property tax abatement for eligible child care centers in New York City under a bill sent to Gov. Kathy Hochul.
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December 02, 2025
Approach The Bench: Judge Robart On Living Under Threats
It's been nearly nine years since U.S. District Judge James Robart blocked President Donald Trump's 2017 executive order barring travel from seven Muslim-majority countries, and though the judge has had a long career — including groundbreaking patent and securities decisions — he still occasionally gets recognized as that "so-called judge."
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December 01, 2025
Fed Sees Shrinking Number Of Open Exam Findings At Banks
The Federal Reserve on Monday reported broad declines in open supervisory issues at financial institutions under its oversight during the first half of the year, a shift that comes as the Trump administration is pursuing efforts to rein in examiner criticism of banks.
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December 01, 2025
DC Circ. Wonders If SEC Arbitration Decision Was Too Brief
At least one judge on the D.C. Circuit wondered Monday whether the SEC presented too "bare bones" of an opinion when rejecting a petition to amend three long-running arbitration rules adopted by the Financial Industry Regulatory Authority.
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December 01, 2025
Hospitals Slam HHS' Move From Drug Discounts To Rebates
The American Hospital Association is leading litigation challenging the Trump administration's abrupt changes to a decades-old program governing the distribution of discounted prescriptions to low-income patients, telling a Maine federal court Monday that the government is unlawfully ignoring the costly impacts a rebate system will have on hospitals.
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December 01, 2025
Terraform Founder Seeks Five Years At Most For Crypto Fraud
Terraform founder Do Kwon has asked a Manhattan federal judge to impose no more than five years of imprisonment after he admitted to misleading users about the stability of the crypto project, noting he still has to face "certain future detention in Korea" over the stunning collapse that wiped out $40 billion in value.
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December 01, 2025
State AGs Demand Info From 'Buy Now, Pay Later' Lenders
A multistate coalition of seven attorneys general has launched a probe into the terms and fees set by "buy now, pay later" lenders that are popular with shoppers, saying they're concerned that the companies' products could be breaking consumer protection laws.
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December 01, 2025
White House Crypto Czar Hired Clare Locke Amid NYT Probe
The tech founder-turned-White House crypto and artificial intelligence czar David Sacks has hired defamation specialists at Clare Locke LLP to combat a New York Times investigation into potential conflicts of interest arising from his personal tech investments and role as a White House policy adviser.
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December 01, 2025
2nd Circ. Backs Anti-Abortion Groups' Free Speech Rights
New York Attorney General Letitia James can't sue faith-based groups promoting a so-called treatment to reverse medication-induced abortions, finding the groups are likely to succeed on the merits of their First Amendment challenge, the Second Circuit said Monday.
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December 01, 2025
Justices Probe Limits Of Deference In Asylum Cases
The U.S. Supreme Court on Monday grappled with when courts can review the Board of Immigration Appeals' persecution findings, showing little appetite for allowing courts to routinely second-guess agency expertise while expressing concern that the government was advocating for too much deference.
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December 01, 2025
Mich. County's Tax Sale Violates Constitution, Justices Told
A Michigan county violated the takings clause of the U.S. Constitution when it took title to a home over a tax debt, then sold the home at a low price and refunded only that amount to the homeowner, the homeowner's estate told the U.S. Supreme Court on Monday.
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December 01, 2025
11th Circ. Will Rehear Challenge To Fla.'s Anti-Drag Law
The full Eleventh Circuit will rehear the state of Florida's challenge to an injunction against enforcing a statute targeting drag shows that bars minors from "adult live performances," the court said Monday.
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December 01, 2025
NY Cannabis Regulators Says Town's Zoning Code Preempted
New York State Office of Cannabis Management told a New York federal court that a local town's zoning law at the heart of a dispute between the town and a licensed cannabis dispensary "is preempted and invalid" due to a prior state board decision.
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December 01, 2025
Boasberg Orders Declarations From Feds In Contempt Probe
A D.C. federal judge considering whether the Trump administration willfully defied a court order temporarily blocking it from removing Venezuelans under a seldom-invoked, centuries-old wartime statute has given the government until Friday to submit declarations from officials involved.
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December 01, 2025
Justices Ask For Government's Input On AI Copyright Case
The U.S. Supreme Court has asked for the government's response to an appeal from a computer scientist challenging a refusal to copyright an artwork made by an artificial intelligence system he created.
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December 01, 2025
CFTC's Pham Expands 'Due Process' For Enforcement Targets
The U.S. Commodity Futures Trading Commission announced changes to its investigation process Monday that the acting chair said are meant to protect the due process rights of those who are accused of wrongdoing by agency attorneys.
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December 01, 2025
Chinese Equipment-Testing Co. Slams FCC's 'Bad Lab' Label
An equipment-testing company controlled by the Chinese government chided the Federal Communications Commission for dubbing it a "bad lab" as the FCC looks to block the company's ability to test telecommunications devices flowing into the U.S. market.
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December 01, 2025
9th Circ. Rejects Asylum Bid From Sikh Party Supporter
An Indian man who says he was assaulted in his home country for participating in a Sikh political party cannot seek asylum in the U.S., the Ninth Circuit ruled Monday, saying he hasn't established persecution, while one judge called for a U.S. Supreme Court "course correction" ironing out the appropriate review standard.
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December 01, 2025
Pa. City's Receiver Asks Court To Restructure Water Board
The state-appointed receiver for the city of Chester, Pennsylvania, asked the Commonwealth Court on Monday to dissolve and reconstruct the board of directors for its local water authority, arguing a law that lets other counties appoint members had been unconstitutionally written for the authority alone.
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December 01, 2025
11th Circ. Orders Do-Over On Ga. Voting Line Gift Ban
The Eleventh Circuit said Monday that a Georgia federal judge wrongly blocked the state from enforcing a ban on handing out food and water to voters in line, ordering a lower court to update its analysis of voting rights advocates' First Amendment claims.
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December 01, 2025
UK To Raise Pharma Spending For US Tariff Protection
The United States and United Kingdom announced a deal Monday that includes a commitment to exclude U.K. pharmaceutical imports from any future U.S. tariff actions while the U.K. will pay higher costs for certain drugs.
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December 01, 2025
AGs Push For Law To Boost Tribal Access To US Marshals
Thirty-nine state attorneys general are calling on federal lawmakers to pass legislation that would allow the U.S. Marshal's Service to assist tribal law enforcement in tracking down individuals with felony warrants, saying it's vital to public safety and to address the Missing and Murdered Indigenous People crisis.
Expert Analysis
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How Banks Can Pilot Token Services As Fed Mulls Reforms
While the Federal Reserve explores streamlined payment accounts and other reforms aimed at digital asset infrastructure, banks and payment companies seeking to launch stablecoin services must apply the same rigor they use for cards or automated clearinghouse, says Christopher Boone at Venable.
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What Developers Must Know About PJM Grid Connection Plan
As PJM Interconnection, the nation's largest grid operator, reforms its interconnection process in an effort to accelerate capacity expansion amid surging demand, developers interested in PJM's new expedited track should anticipate significant up-front costs, and plan carefully to minimize delays that could jeopardize project completion, say attorneys at King & Spalding.
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How Marsy's Law Has Been Applied In Unexpected Ways
Since Marsy’s Law was first passed in California 17 years ago, 12 states have passed similar laws to protect crime victims’ rights, but recent developments show that it’s being applied in ways that its original proponents may never have anticipated — with implications for all legal practitioners, says Tom Jones at Berk Brettler.
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Series
The Law Firm Merger Diaries: Making The Case To Combine
When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.
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State AGs May Extend Their Reach To Nat'l Security Concerns
Companies with foreign supply-chain risk exposure need a comprehensive risk-management strategy to address a growing trend in which state attorneys general use broadly written state laws to target conduct that may not violate federal regulations, but arguably constitutes a national security threat, say attorneys at Wiley.
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Global Net-Zero Shipping Framework Faces Rough Waters
The decision of the International Maritime Organization's Marine Environment Protection Committee to delay its proposal for reducing greenhouse gas emissions from ships, in the face of strenuous U.S. objections, highlights the importance of proactive engagement with policymakers and strategic planning for different compliance scenarios, say attorneys at Blank Rome.
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5 Bonus Plan Compliance Issues In Financial Services
As several legal constraints — including a new California debt repayment law taking effect in January — tighten around employment practices in the fiercely competitive financial services sector, the importance of compliant, well-drafted bonus plans has never been greater, say attorneys at Jackson Lewis.
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What To Watch As NY LLC Transparency Act Is Stuck In Limbo
Just about a month before it's set to take effect, the status of the New York LLC Transparency Act remains murky because of a pending amendment and the lack of recent regulatory attention in New York, but business owners should at least prepare for the possibility of having to comply, says Jonathan Wilson at Buchalter.
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1st Trial After FCPA Pause Offers Clues On DOJ Priorities
After surviving a government review of Foreign Corrupt Practices Act enforcement, the U.S. v. Zaglin case reveals the U.S. Department of Justice still appears willing to prosecute individuals for conduct broadly consistent with classic priorities, despite the agency's new emphasis on foreign policy priorities, say attorneys at Debevoise.
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Opinion
Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar
Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.
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Unique Aspects Of Texas' Approach To AI Regulation
The Texas Responsible AI Governance Act — which will soon be the sole comprehensive artificial intelligence law in the U.S. — pulls threads from EU and Colorado laws but introduces more targeted rules with fewer obligations on commercial entities, say attorneys at MVA Law.
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Wells Process Reforms Serve SEC Chair's Transparency Goals
Enforcement policy changes U.S. Securities and Exchange Commission Chairman Paul Atkins recently set forth will help fulfill his stated goal of making Division of Enforcement investigations more fair and transparent by changing the Wells process to provide recipients earlier consultations with SEC staff, greater evidence access and more time to file responses, say attorneys at Dechert.
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Contradictory Rulings Show Complexity Of Swaps Regulation
Recent divergent rulings, including two by the same Nevada judge, on whether the Commodity Exchange Act preempts state gambling laws when applied to event contracts traded on U.S. Commodity Futures Trading Commission-regulated markets illustrate the uncertainty regarding the legality of prediction markets, say attorneys at Akin.
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How New Law Transforms Large-Load Power Projects In Texas
S.B. 6 — the new Texas law that revises state regulations for large electrical loads and related behind-the-meter projects — introduces higher up-front costs for developers and more flexible operating models for large-load customers, but should provide the certainty needed for greater investment in generation, say attorneys at Sidley.
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How Cos. Should Prepare For Prop 65 Listing Of Bisphenols
California regulators are moving toward classifying all p,p'-bisphenol chemicals as causing reproductive toxicity under Proposition 65, which could require warning notices for a vast range of consumer and industrial products, and open the floodgates to private litigation — so companies should proactively review their suppy chains, says Gregory Berlin at Alston & Bird.