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Public Policy
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December 08, 2025
1st Circ. Keeps Planned Parenthood Funding Ban In Place
The First Circuit on Monday issued an administrative stay that temporarily keeps in place a ban on Medicaid funding for Planned Parenthood, pausing a lower court's ruling.
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December 08, 2025
Colo. Supreme Court Sets New Anti-SLAPP Test
Colorado's high court issued an opinion Monday creating a two-step analysis for judges to conduct when evaluating anti-SLAPP motions to dismiss in defamation cases after issuing a ruling against a Colorado Springs-based veterinary clinic suing two women who published negative reviews about it on social media.
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December 08, 2025
District Can't Get News Station's Docs In Principal Firing Case
A Colorado federal judge on Monday denied Denver Public Schools' motion to compel a local news station to hand over unaired interview footage and other unpublished documents provided to the station by a former DPS principal who alleges the district fired him over a TV news interview.
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December 08, 2025
Immigrant Class Certified In Guantánamo Detention Suit
A D.C. federal court certified a class of noncitizens challenging their detentions at Guantánamo Bay before removal, finding the Immigration and Nationality Act likely doesn't authorize the Trump administration to hold them there.
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December 08, 2025
Amazon, UL Say Chinese Cos. Lied About E-Bike Safety Tests
Amazon and product safety organization UL are accusing a number of Chinese firms of falsely promoting their electric scooters and e-bikes as certified by UL despite never actually having their products tested by the 131-year-old safety group.
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December 08, 2025
What To Do When Jurors Don't 'Trust The Science'
The pandemic and initiatives from the second administration of President Donald Trump challenging decades of established scientific norms have made science more politicized, and attorneys say picking a jury and presenting scientific evidence is increasingly challenging.
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December 08, 2025
Barclays Accused Of 'Vague' Account Closure Notifications
A Barclays PLC subsidiary was hit Sunday with a proposed customer class action in California federal court accusing it of illegally shutting down accounts and providing only vague explanations for the closures, allegations that echo claims of so-called debanking that have been in the national spotlight.
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December 08, 2025
NC Tribe's Fed Recognition Included In National Defense Bill
Congressional leaders have included a bill in the proposed 2026 National Defense Authorization Act that would give federal recognition to the Lumbee Tribe of North Carolina.
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December 08, 2025
Tax Court Rejects Telecom Co.'s $3M Bankruptcy Deductions
A telecommunications company cannot deduct over $3 million as a loss tied to a subsidiary's bankruptcy proceedings, the U.S. Tax Court ruled Monday, holding that the amount must be reported as capitalized expenditures because both businesses share the same owners.
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December 08, 2025
EU Clears Mars' $36B Deal For Pringles Maker After Probe
European competition enforcers approved snack food and candy giant Mars Inc.'s planned $35.9 billion purchase of Cheez-It and Pringles maker Kellanova, after an in-depth review found the move would not give the combined company too much leverage over retailers.
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December 08, 2025
Pentagon Spectrum Veto Left Out Of Defense Bill
Military leaders will not have the option of blocking the transfer of certain spectrum blocks to the private sector under the latest version of a massive defense authorization for fiscal year 2026.
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December 08, 2025
Afghan, Iraqi Allies Urge Judge To Enforce Visa Processing
A certified class of Afghan and Iraqi nationals urged a D.C. federal judge to enforce a court-approved plan for the U.S. government to make headway on its extensive delays processing special immigrant visa applications from people who assisted troops overseas.
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December 08, 2025
Conservative Group Sues For Boston Mayor's Emails On ICE
Conservative advocacy group Judicial Watch asked a judge on Monday to order the city of Boston to turn over emails of Mayor Michelle Wu and her staff related to a request by U.S. Attorney General Pam Bondi to prepare a plan to work with U.S. Immigration and Customs Enforcement officers.
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December 08, 2025
EPA Asks Judge To Let Solar Energy Funding Cuts Stand
The U.S. Environmental Protection Agency told a Washington federal district court that its decision to freeze funding for a low-income solar energy program should stand while states pursue a lawsuit to free up the money.
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December 08, 2025
Cuts To Colo. Disability Transit Service Unlawful, Suit Says
A Colorado public transit agency's cuts to a program that provides disabled individuals with free fares and subsidized ride-share services runs afoul of state and federal discrimination law, a disability-rights organization and two disabled riders alleged in a lawsuit filed in federal court.
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December 08, 2025
Mosaic Says 'Radioactive' Road Done, Legal Challenge Moot
A Florida fertilizer producer asked the Eleventh Circuit to toss a lawsuit challenging a new roadway on its property using radioactive materials, arguing the court cannot provide any remediation or relief for a road it already constructed.
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December 08, 2025
Feds Say No Injunction Is Warranted In Protester Removals Suit
The Trump administration urged a Massachusetts federal judge to limit relief after the court ruled in September that noncitizens targeted by the government for arrest and removal for their pro-Palestinian views have the same free speech rights as U.S. citizens.
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December 08, 2025
Habba Resigns As Acting US Atty After DQ Ruling At 3rd Circ.
Alina Habba stepped down Monday as acting U.S. attorney for New Jersey following a Third Circuit ruling that she was unlawfully appointed to the position, with the U.S. Department of Justice unveiling that a trio of officials will take on her responsibilities.
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December 08, 2025
Calif. Tribe Looks To Nix Suits Against $700M Casino Approval
A California tribe is asking a D.C. federal court to dismiss three challenges to a U.S. Department of the Interior decision to place 160 acres into trust for its $700 million hotel and casino project, arguing that the consequences of denying its intervention in the litigation would be "grave and severe."
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December 08, 2025
Town Can Join New Regional School District, NJ Justices Say
The New Jersey Supreme Court on Monday held that a series of public education reforms allow for a Garden State municipality to withdraw from two school districts in order to join one regional school district that would serve all of its public school students.
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December 08, 2025
Senators Kelly, Slotkin Set Up Legal Defense Funds
After appearing in a video encouraging members of the military and intelligence community to not follow illegal orders, Sens. Mark Kelly, D-Ariz., and Elissa Slotkin, D-Mich., have established legal defense funds.
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December 08, 2025
Mich. Judge Won't Block 24% Wholesale Cannabis Tax
A judge said she won't stop Michigan's excise tax on wholesale marijuana sales from going into effect Jan. 1, finding Monday that a trade association and cannabis businesses were unlikely to succeed on claims the tax was unlawfully enacted.
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December 08, 2025
11th Circ. Won't Pause Medicaid Rule Amid Fla. Hospital Audit
An Eleventh Circuit panel revived Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, but upheld a lower court's decision to deny the state's request for an injunction after finding it wouldn't likely succeed on the merits of its complaint.
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December 08, 2025
Pa. Court Halts Bucks College Project Over Labor Agreement
Bucks County Community College in eastern Pennsylvania can't move ahead with a $2 million expansion of its HVAC training program because a potential bidder convinced a majority of the Commonwealth Court on Friday that the school's preexisting "public labor agreement" was likely discriminatory to nonunion workers and met no urgent need.
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December 08, 2025
Feds Ordered To Start Turning Over Climate Panel Documents
A Massachusetts federal judge on Monday ordered the Trump administration to begin complying with a request by two environmental advocacy groups for records of an ad hoc panel convened by the U.S. Department of Energy, ahead of an anticipated decision to vacate a 2009 finding that greenhouse gases are endangering human health.
Expert Analysis
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6 Shifts In Trump Tax Law May Lend A Hand To M&A Strategy
Changes in the Trump administration's recent One Big Beautiful Bill Act stand to create a more favorable environment for mergers and acquisitions, including full bonus depreciation and an expanded code section, say attorneys at K&L Gates.
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Trends In Post-Grant Practice Since USPTO Denial Guidance
Six months after the U.S. Patent and Trademark Office updated its guidance on discretionary denial of inter partes review and post-grant review, noteworthy trends in denial statistics have emerged, warranting a reassessment of strategies for parallel proceedings, says Andrew Ramos at Bayes.
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Examining The Quietest EEOC Enforcement Year In A Decade
The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.
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Transource Ruling Affirms FERC's Grid Planning Authority
The Third Circuit's recent decision in Transource Pennsylvania v. DeFrank, reversing a state agency's denial of an electric transmission facility permit, provides a check on states' ability to veto needed power projects, and is a resounding endorsement of the Federal Energy Regulatory Commission's regional transmission planning authority, say attorneys at Wilson Sonsini.
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Assessing The Future Of The HIPAA Reproductive Health Rule
In light of a Texas federal court's recent decision to strike down a U.S. Department of Health and Human Services rule aimed to protect the privacy of patients seeking abortions and gender-affirming care, entities are at least temporarily relieved from compliance obligations, but tensions are likely to continue for the foreseeable future, says Liz Heddleston at Woods Rogers.
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State Paid Leave Laws Are Changing Employer Obligations
A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.
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How Crypto Embrace Will Affect Banks And Credit Unions
The second Trump administration has moved aggressively to promote crypto-friendly reforms and initiatives, and as the embrace of stablecoins and distributed ledger technology grows, community banks and credit unions should think strategically as to how they might use these innovations to best serve their customers, says Jay Spruill at Woods Rogers.
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In NY, Long COVID (Tolling) Still Applies
A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.
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Navigating The SEC's Evolving Foreign Private Issuer Regime
As the U.S. Securities and Exchange Commission reevaluates foreign private issuer eligibility, FPIs face not only incremental compliance costs but also a potential reshaping of listing strategies, capital access, enforcement exposure and global regulatory coordination, potential unintended effects that deserve further exploration, say attorneys at Simpson Thacher.
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New Conn. Real Estate Laws Will Reshape Housing Landscape
With new legislation tackling Connecticut's real estate landscape, introducing critical new requirements and legal ambiguities that demand careful interpretation, legal counsel will have to navigate a significantly altered and more complex regulatory environment, say attorneys at Harris Beach.
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USPTO Under Squires: A Look At The First Month
New U.S. Patent and Trademark Office Director John Squires' opening acts — substantive and symbolic — signal a posture that is more welcoming to technological improvements and focused on rebalancing the office's gatekeeping role, say attorneys at Seyfarth.
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Iran Sanctions Snapback Raises Global Compliance Risks
The reimplementation of U.N. sanctions targeting Iran’s nuclear program, under a Security Council resolution's snapback mechanism, and related actions in Europe and the U.K., may change U.S. due diligence expectations and enforcement policies, particularly as they apply to non-U.S. businesses that do business with Iran, says John Sandage at Berliner Corcoran.
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Hermes Bags Antitrust Win That Clarifies Luxury Tying Claims
A California federal court recently found that absent actual harm to competition in the market for ancillary products, Hermes may make access to the Birkin bag contingent on other purchases, establishing that selective sales tactics and scarcity do not automatically violate U.S. antitrust law, say attorneys at Holland & Knight.
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Glimmers Of Clarity Appear Amid Open Banking Disarray
The Consumer Financial Protection Bureau's vacillation over data rights rules has created uncertainty, but a recent proposal is a strong signal that open banking regulations are here to stay, making now the ideal time for entities to take action to decrease compliance risk, says Adam Maarec at McGlinchey Stafford.
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Opinion
High Court, Not A Single Justice, Should Decide On Recusal
As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.