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Public Policy
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December 15, 2025
Walmart Adds To Visa, Mastercard Swipe-Fee Deal Objections
Walmart has become the latest retailer to object to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the class plaintiffs and counsel have "sold out their fellow class members."
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December 15, 2025
Md. Residents, Advocates Fight DOJ's Bid For Voters' Data
Three Maryland voters and a pair of civil rights watchdog groups are the latest to push to participate in the U.S. Department of Justice's lawsuit seeking to force the state to hand over voters' sensitive personal information, arguing the request threatens residents' privacy and could enable voter disenfranchisement.
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December 15, 2025
NC Panel Says State's Hospital Law Is Constitutional
North Carolina's "certificate of need" law hasn't created a monopoly nor has it restricted an eye surgeon's right to earn a living, a state court panel ruled Friday, ending for now the surgeon's yearslong suit arguing the law is facially unconstitutional.
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December 15, 2025
FCC Moves Forward On Multilingual Wireless Alerts
The Federal Communications Commission will soon make effective a rule rolling out multilingual alert templates for cellphones during public emergencies following pressure from Democrats on Capitol Hill over alleged delays in the effort.
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December 15, 2025
Ohio Gov. To Designate Synthetic Kratom Extract Illegal Drug
Ohio Gov. Mike DeWine is looking to immediately ban synthetic kratom compounds while simultaneously seeking to either ban or heavily regulate the active ingredient in "natural kratom," citing serious public health concerns.
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December 15, 2025
PCAOB Challenger Tells DC Circ. He Should Stay Anonymous
An anonymous accountant challenging the constitutionality of the Public Company Accounting Oversight Board has told the D.C. Circuit he should be allowed to proceed in district court as a John Doe plaintiff, aiming to reverse a ruling that he cannot continue to litigate the suit pseudonymously.
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December 15, 2025
Judge Orders Return Of Comey Atty Richman's Seized Files
A D.C. federal judge has ordered the government to return copies of materials seized from former James Comey attorney Daniel Richman, allowing the government to deposit only a single sealed copy of the materials with the Eastern District of Virginia for potential future warranted access.
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December 15, 2025
DOJ Sues Fulton County To Obtain 2020 Election Records
The U.S. Department of Justice filed suit against the clerk of courts in Fulton County, Georgia, in an effort to obtain five-year-old ballots linked to the 2020 presidential election, accusing the clerk of violating federal law by not relinquishing the records.
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December 15, 2025
USPTO Replaces Denver Office With Center In Montana
Montana has been picked by the U.S. Patent and Trademark Office to be the first state to oversee community outreach in the area formerly serviced by the now-shuttered Rocky Mountain Regional Outreach Office in Denver.
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December 15, 2025
IRS Finalizes Tribal Welfare, Energy Direct Pay Rules
The IRS finalized a pair of long-awaited tribal regulations Monday governing a taxable income exclusion for welfare benefits and classifying certain tribe-owned entities as tax-exempt to allow them to directly monetize tax credits for clean energy projects.
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December 15, 2025
Beyond Nuclear Pushes Justices To Undo Storage License
The nonprofit seeking to stop the U.S. Department of Energy from contracting out nuclear waste storage hit back at the contractor's bid to keep the case out of the U.S. Supreme Court, saying the contractor's own brief supports the nonprofit's position.
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December 15, 2025
Groups Say Texas Food Labeling Law Must Be Blocked
A group of food industry associations are urging a Texas federal judge to block a section of the state's new Make Texas Healthy Again Act, saying the section is preempted by federal law because it requires them to put false and misleading information on the labels.
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December 15, 2025
Fishery Says NY, NJ Wind Project 'Obliterated' Fishing Area
A Garden State fishery has sued the owner of the Empire Offshore Wind project in New Jersey federal court, alleging that it has "completely and permanently obliterated" the ability to harvest shellfish in the project area and caused it more $25 million in damages.
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December 15, 2025
Nix FCC's Public Interest Standard, Free Market Group Says
Lawmakers need to consider scrapping the longstanding public interest standard rather than seeking to hold broadcasters to a measure from the Communications Act, a free-market think tank argued Monday.
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December 15, 2025
Connecticut 'Likely' To Settle Generic Drug Price Cap Dispute
A pharmaceutical industry trade group and the state of Connecticut have signaled their intent to settle a feud over the interpretation of the state's generic drug price cap law, and a federal judge gave them until Monday to say more about their plan.
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December 15, 2025
Ex-US Attys Say Pardons, Loyalty Demands Hurt Rule Of Law
A bipartisan group of former U.S. attorneys spoke publicly Monday on their concerns regarding the direction the U.S. justice system has taken since the start of the second Trump administration and the potential risks that may pose to the rule of law.
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December 15, 2025
Catching Up With Delaware's Chancery Court
Litigation in Delaware's Court of Chancery sprawled from a dispute over control of banana plantations along Africa's Congo River to a fight over the late musician Prince's estate last week. Along the way, a court ruling rejected a motion for a quick decision favoring Blue Bell Creameries director and officer calls for liability releases in a tainted ice cream saga that dates to 2015.
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December 15, 2025
Judge Won't Boot Bondi-Appointed Prosecutor In LA
A federal judge has refused to reconsider his ruling disqualifying Bill Essayli from holding the role of U.S. attorney but allowing him to serve as the first assistant U.S. attorney for the Central District of California, finding that Essayli's appointment by U.S. Attorney General Pamela Bondi is valid.
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December 15, 2025
Fed. Court Asked To Block IRS' Microcaptive Reporting Rule
A Texas federal court should vacate an IRS rule aimed at flagging potential tax avoidance by requiring companies to disclose information about their microcaptive insurance transactions because it undermines Congress' authority, according to a Texas plastics company and its microcaptive adviser.
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December 15, 2025
Texas, Toronto Stock Exchanges End Trademark Dispute
The Texas Stock Exchange has buried the hatchet with the Toronto Stock Exchange and ended its suit seeking a court finding that the two exchanges' logos are dissimilar.
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December 15, 2025
11th Circ. Wants Alabama High Court's Help On Voting Law
The Eleventh Circuit balked Monday at ruling on a challenge to Alabama statutes enacted last year which restrict voters from receiving help in applying for an absentee ballot, asking the state's Supreme Court to first try to untangle what it called "not a very clear law."
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December 15, 2025
Atty Seeks To Block Law Banning Fee-Sharing With ABS Firms
The attorney challenging a California law that blocks fee-sharing with out-of-state law firms owned by nonlawyers has petitioned for enforcement of the law to be suspended before it is set to go into effect on Jan. 1.
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December 15, 2025
DC Judge Blocks ICE Plan To Funnel Teens To Adult Detention
A D.C. federal judge blocked a U.S. Immigration and Customs Enforcement policy aimed at transferring people who entered the country as unaccompanied minors into adult immigrant detention centers once they turn 18 and age out of Office of Refugee Resettlement custody.
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December 15, 2025
Sen. Tim Scott's Ex-Chief Of Staff Joins Holland & Hart
Holland & Hart LLP has tapped the former chief of staff for Sen. Tim Scott, R-S.C., to serve as a senior director of federal affairs in the firm's Washington, D.C., office, according to a Monday announcement.
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December 15, 2025
Employee-Related Charges Against Goldstein Are Tossed
A Maryland federal judge has dismissed several charges against SCOTUSblog founder Tom Goldstein related to employees at his law firm, agreeing that prosecutors had failed to establish a clear rule for determining whether employees are legitimate for tax purposes.
Expert Analysis
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Tariffs And Trade Volatility Drove 2025 Bankruptcy Wave
The Trump administration's tariff regime has reshaped the commercial restructuring landscape this year, with an increased number of bankruptcy filings showing how tariffs are influencing first‑day narratives, debtor-in-possession terms and case strategies, say attorneys at Thompson Hine.
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Insuring Equality: 3 Tips To Preserve Coverage For DEI Claims
Directors and officers and employment practices liability are key coverages for policyholders to review as potentially responsive to the emerging liability threat of Trump's executive orders targeting corporate diversity, equity and inclusion policies and practices, says Micah Skidmore at Haynes Boone.
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Opinion
Justice Requires Excluding Manner Of Death As Evidence
A recent report showing that the unstandardized and subjective U.S. system of medicolegal death investigations contributes to unjust convictions should prompt courts and lawmakers to reject manner of death testimony in favor of more transparent and testable forensic evidence, say Peter Neufeld and Isabelle Cohn at the Innocence Project.
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The SEC Whistleblower Program A Year Into 2nd Trump Admin
The U.S. Securities and Exchange Commission's whistleblower program continues to operate as designed, but its internal cadence, scrutiny of claims and operational structure reflect a period of recalibration, with precision mattering more than ever, say attorneys Scott Silver and David Chase.
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Autonomous Vehicle Liability Trends To Watch In 2026
With autonomous vehicles increasingly making their own decisions, the liability landscape for AVs has changed over the past year — highlighting a number of important issues that companies and practitioners should keep a close eye on in 2026, says Farid Yaghoubtil at Downtown LA Law Group.
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Key Crypto Class Action Trends And Rulings In 2025
As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, according to Justin Donoho at Duane Morris.
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New Russia Energy Sanctions Add Compliance Complexity
Recent U.S. and U.K. designations of Russian oil companies and related entities, as well as a new sanctions package from EU, mark a significant escalation in restrictions on the Russian energy industry and add a new layer of regulatory complications for companies operating in the global energy sector, say attorneys at Simpson Thacher.
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6 Laws For Calif. Employers To Know In 2026
California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.
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How New SEC Policies Shift Shareholder Proposal Landscape
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.
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NBA, MLB Betting Indictments: Slam Dunks Or Strikeouts?
Recent fraud charges against bettors, NBA players and MLB pitchers raise questions about what the government will need to prove to prosecute individuals involved in placing bets based on nonpublic information, and it could be a tough sell to juries, say attorneys at Ford O'Brien.
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Tracking The Evolution Of AI Insurance Regulation In 2025
As artificial intelligence continues to transform the insurance industry, including underwriting, pricing, claims processing and customer engagement, state regulators, led by the National Association of Insurance Commissioners, are increasing oversight to ensure that innovation does not outpace consumer protections, say attorneys at Fenwick.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation
On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.
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Prepping For 2026 Shifts In Calif. Workplace Safety Rules
California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.