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Public Policy
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December 05, 2025
Fla. Judge OKs Release Of Epstein Grand Jury Transcripts
A Florida federal judge on Friday ordered the release of grand jury transcripts from an investigation of late sex offender Jeffrey Epstein, citing a newly enacted law that the government said overrides a prohibition on disclosing the documents to the public.
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December 05, 2025
'What's The Fight About?': Fed Funding Fight Puzzles 9th Circ.
Two Ninth Circuit judges appeared confused Friday as to what exactly the Trump administration and some sanctuary cities are arguing over in the government's appeal of a district court's injunction blocking the administration from withholding federal funding to sanctuary jurisdictions.
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December 05, 2025
Wash. AG, Lawmakers Pitch Bill To Protect Immigrant Workers
Two Washington lawmakers and the state's attorney general Friday announced plans to introduce legislation that would attempt to protect immigrant workers from federal crackdowns, saying the state's "prosperity would not be possible without the contributions of immigrants."
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December 05, 2025
Teamsters Challenge NLRB's Bid To Block California Law
The Teamsters have asked a California federal judge to preserve a state law that expanded the state labor board's power, telling the judge that the law can exist side by side with the National Labor Relations Act and that he should reject the National Labor Relations Board's bid to block it.
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December 05, 2025
Court Asks Texas DPS If Delay At Uvalde Injured Survivors
A Texas appellate court pressed counsel for the Texas Department of Public Safety to explain how sovereign immunity bars tort claims brought by the victims who survived the Uvalde massacre, asking Friday why the agency should get to avoid negligence claims.
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December 05, 2025
Constellation To Sell Power Plants For $26.6B Calpine Deal
The U.S. Department of Justice said on Friday that enforcers have reached a deal allowing Constellation Energy Corp.'s $26.6 billion purchase of Calpine Corp. to move ahead, with the sale of power plants located in Delaware, Pennsylvania and Texas.
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December 05, 2025
NLRB Could Get Quorum Back After Nominee Added To Bloc
The National Labor Relations Board may soon have a quorum again after Senate Republicans added a nominee who recently won the labor committee's approval to a bloc of nearly 100 nominees for positions across federal agencies that the Senate will consider together.
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December 05, 2025
Nuclear Waste Storage Worries Too Hypothetical, Justices Told
A company licensed to temporarily store nuclear waste urged the U.S. Supreme Court to reject a challenge to a condition in its license application to contract with the U.S. Department of Energy once Congress allows it.
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December 05, 2025
LA Pot Regulators Escape License Revocation Lawsuit
A cannabis entrepreneur can't proceed with a lawsuit accusing the city of Los Angeles of wrongfully taking away her business license, preventing her from operating three long-standing medical marijuana dispensaries, a California state judge has ruled, finding that she never owned most of the licenses.
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December 05, 2025
9th Circ. Won't Unfreeze Trump Cuts To Student Mental Health
The Ninth Circuit rejected the Trump administration's effort to undo a lower court's pause on federal funding reductions to K-12 mental health services, siding with a coalition of 16 states seeking to preserve programs established in the wake of high-profile school shootings.
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December 05, 2025
Top Groups Lobbying The FCC
As the Federal Communications Commission returned to full operations in November after a government shutdown, groups lobbying the FCC remained busy on issues ranging from a Global Positioning System backup to spectrum sharing and the upcoming FCC auction of upper C-Band airwaves.
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December 05, 2025
6th Circ. Partially Overturns EPA's Detroit Ozone Ruling
The Sixth Circuit reversed a U.S. Environmental Protection Agency determination that the Detroit area meets federal air quality standards, ruling Friday that the state of Michigan failed to implement federally required air pollution controls.
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December 05, 2025
IRS-ICE Data Swap Halt Irrelevant In Other Suit, DC Circ. Told
A D.C. federal court's order pausing the Internal Revenue Service's ability to share confidential taxpayer addresses with immigration enforcement officials should not impact a separate D.C. Circuit proceeding over whether the information-sharing agreement complies with taxpayer privacy protections, the U.S. government told the D.C. Circuit.
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December 05, 2025
3rd Circ. Backs NJ In-State Rule For Medical Aid In Dying
A Delaware woman with terminal cancer cannot end her life with medical assistance in New Jersey, the Third Circuit ruled Friday in a precedential opinion, finding that the Garden State residency requirement for medical aid in dying is restricted solely to New Jerseyans.
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December 05, 2025
Fed. Circ. Says Planners Can't Be Diaries For Tariff Purposes
The U.S. Court of International Trade incorrectly determined that weekly and monthly planners should be classified as diaries for tariff purposes, the Federal Circuit said in a precedential opinion that reversed the lower trade court's ruling and remanded the case.
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December 05, 2025
Hikvision Asks DC Circ. To Dump FCC 'Covered List' Revision
Device maker Hikvision has asked the D.C. Circuit to overturn a national security action by the Federal Communications Commission that made it harder for manufacturers tied to foreign adversaries to sell device equipment in the U.S. market.
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December 05, 2025
Supreme Court Halts Immigration Judges' Free Speech Suit
The U.S. Supreme Court on Friday stayed a Fourth Circuit decision reviving a free speech suit from an immigration judges union challenging a policy barring them from speaking publicly about immigration without approval.
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December 05, 2025
OCC, FDIC Scrap Obama-Era Leveraged Lending Guidance
The Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. on Friday formally withdrew from Obama-era guidance that sought to tighten bank leveraged lending standards, a policy that banks argued hamstrung them against nonbank rivals.
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December 05, 2025
Manufactured Housing Cos. Ditch Price-Fixing Claims
An Illinois federal judge has tossed a proposed price-fixing class action against multiple manufactured housing companies and a data company, ruling the proposed class failed to show the businesses conspired to jack up rent prices.
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December 05, 2025
Federal Hemp Ban Enforcement Uncertain, Report Finds
It is unclear how or whether federal agencies will enforce the federal ban on intoxicating hemp due to take effect in 11 months or apply the same hands-off approach that has governed marijuana, according to a recent report from the Congressional Research Service.
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December 05, 2025
Energy Dept. Defends $7.5B Grant Cuts In Political Bias Case
The U.S. Department of Energy has urged a federal judge in Washington not to block its termination of energy project grants worth more than $7.5 billion, arguing there is no merit to claims alleging the federal government unconstitutionally targeted funds for Democratic-leaning states.
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December 05, 2025
ERISA Recap: 4 Rulings Worth Paying Attention To From Nov.
The Ninth Circuit striking down a class action win for transgender employee health plan participants who said their gender-affirming care denials were discriminatory is just one noteworthy Employee Retirement Income Security Act ruling from November. Here's a recap of that ruling and three others.
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December 05, 2025
Legislation Targets Reversal Of Oak Flat Land Transfer In Ariz.
An Arizona congressional representative is carrying on her father's initiative to repeal a 2014 National Defense Authorization Act rider that transfers more than 2,422 acres to a copper mining company while litigation to block the move continues to play out in the Ninth Circuit.
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December 05, 2025
Judge Won't Exit Agri Stats DOJ Case Over Clerk Connection
A Minnesota federal judge refused to recuse himself from a case accusing Agri Stats of helping meat processors exchange sensitive information based on a clerk's past work on related cases, after refusing a similar request in a case over pork prices.
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December 05, 2025
Court Staff Attys Settle Claims Of Undermining Colleague
Six months after Massachusetts' highest court revived some of a former Appeals Court staff attorney's claims in a suit alleging two supervisors intentionally undermined him, the parties have reported reaching a settlement in the case.
Expert Analysis
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New NCAA Betting Policy Fits Trend Of Eased Restrictions
Allowing NCAA student-athletes to bet on professional sports fits into a decade-long trend of treating college athletes more like adults in a commercial system, but decreasing player restrictions translates to increased compliance burdens for schools, say attorneys at Robins Kaplan.
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Series
Building With Lego Makes Me A Better Lawyer
Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.
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How Banks Can Safely Handle Payments For Gambling Biz
As the betting market continues to expand, it's crucial for banks and fintechs to track historical developments in wagering and ongoing prediction markets litigation that can factor into a risk analysis for payment processing with respect to gambling operators, says Laura D'Angelo at Jones Walker.
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Wading Into NY Wetland Regs' 2025 Changes And Challenges
Solar developers in New York should keep a weather eye on litigation challenging the New York Department of Environmental Conservation’s recently expanded authority to regulate wetlands and waterways, which could erode the impact of a new permitting process meant to streamline solar development on protected wetlands, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Networking 101
Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.
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Defeating Estoppel-Based Claims In Legal Malpractice Actions
State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.
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Takeaways As Justices Let 5th Circ. Pollution Ruling Stand
The U.S. Supreme Court's recent certiorari denial leaves intact a Fifth Circuit ruling that environmental justice organizations have standing to pursue a civil rights challenge to a parish's land-use practice, underscoring the importance of local governments proactively engaging with communities to address cumulative impacts of development, say attorneys at ArentFox Schiff.
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AI's Role In Google Antitrust Suit May Reshape Tech Markets
The evolution of AI in retail has reshaped the U.S.' antitrust case against Google, which could both benefit small business innovators and consumers, and fundamentally alter future antitrust cases, including the Federal Trade Commission's lawsuit against Amazon, says Graham Dufault at ACT.
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Series
The Biz Court Digest: How It Works In Massachusetts
Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.
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Next Steps For DOE's Large-Load Interconnection Reforms
The U.S. Department of Energy's recent letter to the Federal Energy Regulatory Commission may mark a substantial expansion of FERC's open-access framework for large-load facilities, though the proposed timeline for the rulemaking appears to be extraordinarily short, say attorneys at Davis Wright.
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Adapting To Calif.'s Enhanced Regulation Of PE In Healthcare
New California legislation enhances oversight on the role of private equity groups and hedge funds in healthcare transactions, featuring both a highly targeted nature and vague language that will require organizations to carefully evaluate existing practices, says Andrew Demetriou at Husch Blackwell.
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What To Note In OCC, FDIC Plan To Standardize Supervision
The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp.'s recent proposals to standardize the meaning of "unsafe or unsound practice" and revise the process for issuing matters requiring attention could significantly narrow the scope of activities that spawn enforcement actions, says Brendan Clegg at Luse Gorman.
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How The SEC May Overhaul Its Order Protection Rule
Attorneys at Skadden trace the evolution of the controversial Rule 611 of Regulation National Market System, examine the current debate surrounding its effectiveness, and consider how the U.S. Securities and Exchange Commission's emerging Project Crypto initiative could reshape Regulation NMS for a tokenized, on-chain market environment.
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State Child Privacy Laws May Put More Cos. In FTC's Reach
Starting with Texas in January, several new state laws requiring app stores to share user age-related information with developers will likely subject significantly more companies to the Federal Trade Commission’s child privacy rules, altering their compliance obligations, say attorneys at Womble Bond.
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Why Appellees Should Write Their Answering Brief First
Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.