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Public Policy
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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.
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December 08, 2025
AT&T Joins SG's High Court Review Bid Despite 5th Circ. Win
After winning a Fifth Circuit case involving fines from the Federal Communications Commission, AT&T has nonetheless agreed with the U.S. solicitor general that the U.S. Supreme Court should review the need for jury trials when the agency seeks certain penalties.
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December 08, 2025
Justices Won't Weigh Hawaii County Religious Land-Use Win
The U.S. Supreme Court decided Monday to not grant a nonprofit's review petition for a Ninth Circuit ruling that sided with a Hawaii county in a dispute over a special land use permit.
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December 08, 2025
RealPage Asks To Block NY Rental Pricing Software Law
Property management software company RealPage is asking for a preliminary injunction to block enforcement of a New York law that prohibits building owners from using software to set residential rental rates while its case challenging the statute plays out.
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December 08, 2025
Defense Bill Includes Protections For Retired Justices
The National Defense Authorization Act for fiscal 2026 released Sunday night extends U.S. Supreme Court police protection for retired and former justices and their immediate family members.
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December 08, 2025
EPA Wants Suit Over Refiners' Hydrogen Fluoride Use Tossed
The U.S. Environmental Protection Agency asked a California federal judge to throw out a suit aiming to force it to stop oil refineries from using hydrogen fluoride, saying the groups behind it rely on speculative hypotheticals to allege harm.
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December 08, 2025
Jury Awards $600K To Ga. Man Over Jail Abuse
A Georgia federal jury has handed a $600,000 verdict to a man who accused a former metro Atlanta sheriff of arresting and abusing him in custody after the sheriff intervened in a business dispute with one of his deputies.
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December 08, 2025
Justices Pass On Challenge To NJ Hospital Charity Rule
The U.S. Supreme Court said Monday it won't review a New Jersey Supreme Court decision that a state requirement to treat patients regardless of the patient's ability to pay does not amount to an unconstitutional per se or regulatory taking.
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December 08, 2025
High Court Skips Christian Baker's Wedding Cake Battle
The U.S. Supreme Court refused Monday to hear a Christian bakery owner's challenge to a California appeals court's decision that the business's policy against selling baked goods for same-sex ceremonies amounted to unlawful discrimination.
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December 05, 2025
Google Search Judge Issues Finalized Antitrust Mandates
A D.C. federal judge Friday issued the finalized package of remedies in the U.S. Department of Justice's case targeting Google's search monopoly, mostly agreeing with the government's proposals for exactly what Google must do to prop up rivals and restore competition in the search engine market.
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December 05, 2025
Netflix Merger Raises Theatrical Release Antitrust Fears
Netflix's $82.7 billion play for Warner Bros. Discovery's studio and streaming business drew rebukes Friday from critics and lawmakers on both sides of the political spectrum, but antitrust observers offered a cautious assessment on the prospects of any government challenge.
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December 05, 2025
Fed Can Fund CFPB Under Trump Admin's Terms, Court Told
A group of former Federal Reserve officials told a Washington, D.C., federal judge on Friday that the Trump administration is wrong to claim the central bank both needs and lacks profits right now to keep the Consumer Financial Protection Bureau up and running.
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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.
Expert Analysis
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What Narrower FinCEN Reporting Spells For Industry
As compliance costs soar, the potential slimming down of the Financial Crimes Enforcement Network's anti-money laundering and countering the financing of terrorism regime is welcome news for banks, and would allow a shift in resources to ever-evolving cybercrime threats, say attorneys at Quarles & Brady.
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Revisiting Jury Trial Right May Upend State Regulatory Power
Justice Neil Gorsuch’s recent use of a denial of certiorari to call for the U.S. Supreme Court to revisit whether the Seventh Amendment jury trial right extends to states, building off last year's Jarkesy ruling, could foretell a profound change in state regulators' ability to enforce penalties against regulated companies, say attorneys at Sidley.
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How Nasdaq, SEC Proposals May Transform Listing Standards
Both Nasdaq and the U.S. Securities and Exchange Commission have increasingly focused their recent regulatory efforts on small and foreign issuers, particularly those from China, reflecting an intention to strengthen the overall quality of companies accessing U.S. markets, but also potentially introducing a chilling effect on certain issuers, say attorneys at Norton Rose.
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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.