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Public Policy
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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.
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December 05, 2025
FTC's Abandoned Pepsi Pricing Case Will Be Mostly Unsealed
A New York federal court agreed to largely unseal the Federal Trade Commission's price discrimination complaint against PepsiCo Inc. despite protests from the beverage company and the U.S. Chamber of Commerce after enforcers dropped the case earlier this year.
Expert Analysis
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Breaking Down The Intersection Of Right-Of-Publicity Law, AI
Jillian Taylor at Blank Rome examines how existing right-of-publicity law governs artificial intelligence-generated voice-overs, deepfakes and deadbots; highlights a recent New York federal court ruling involving AI-generated voice clones; and offers practical guardrails for using AI without violating the right of publicity.
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Civil Maritime Nuclear Sector Poised For Growth, Challenges
The maritime industry now stands on the verge of a nuclear-powered renaissance, with the need for clean energy, resilient power generation and decarbonized logistics driving demand for commercial maritime nuclear technology — but these developments will raise significant new legal, regulatory and technical questions, say attorneys at Holland & Knight.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues
The Trump administration’s recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act’s rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.
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NY AML Rules Get Crypto Rebrand: What It Means For Banks
A recent letter from the New York State Department of Financial Services outlining how banks can use blockchain analytics in anti-money laundering efforts is a reminder that crypto activity is not exempted from banks' role in keeping the financial system safe, says Katherine Lemire at Lankler Siffert.
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What's At Stake At High Court For Presidential Removal Power
Two pending U.S. Supreme Court cases —Trump v. Slaughter and Trump v. Cook — raise fundamental questions about the constitutional separation of powers, threaten the 90-year-old precedent of Humphrey's Executor v. U.S. and will determine the president's authority to control independent federal agencies, says Kolya Glick at Arnold & Porter.
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Using The GHG Protocol For California Climate Reporting
With the California Air Resources Board's recent announcement that entities subject to the state's climate disclosure laws can use the Greenhouse Gas Protocol as a standard for structured, auditable reporting, a review of methods, data sources and disclosures under the protocol is timely for compliance planning, says Thierry Montoya at Frost Brown.
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Employer Considerations As Ill. Ends Mandatory Fact-Finding
Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.
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Courts Are Still Grappling With McDonnell, 9 Years Later
The Seventh and D.C. Circuits’ recent decisions in U.S. v. Weiss and U.S. v. Paitsel, respectively, demonstrate that courts are still struggling to apply the U.S. Supreme Court’s 2016 ruling in McDonnell v. U.S., which narrowed the scope of “official acts” in federal bribery cases, say attorneys at Quinn Emanuel.
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Compliance Pointers Amid Domestic Terrorism Clampdown
A recent presidential memorandum marks a shift in federal domestic-terrorism enforcement that should prompt nonprofits to enhance diligence related to grantees, vendors and events, and financial institutions to shore up their internal resources for increased suspicious-activity monitoring and reporting obligations, say attorneys at Morgan Lewis.
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Trump Tax Law Has Mixed Impacts On Commercial Real Estate
The One Big Beautiful Bill Act brings sweeping changes to the real estate industry — and while the permanency of opportunity zones and bonus depreciation creates predictability for some taxpayers, sunsetting incentives for renewable energy projects will leave others with hard choices, says Jordan Metzger at Cole Schotz.
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CFTC, SEC Joint Statement Highlights New Unity On Crypto
The U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission's recent joint statement announcing a cross-agency initiative enabling certain spot crypto-asset products to trade on regulated exchanges is the earliest and most visible instance of interagency cooperation on crypto regulation, say attorneys at Morgan Lewis.
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Regulatory Uncertainties Loom As Fed Ends Crypto Oversight
The Federal Reserve Bank's recently ended crypto supervisory program headlines other recent federal actions from Congress, the White House and relevant agencies that may complicate financial institutions' digital-asset use and attendant compliance strategies, say attorneys at Buchalter.
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What The New Nondomiciled-Trucker Rule Means For Carriers
A new Federal Motor Carrier Safety Administration interim final rule restricting states' issuance of commercial drivers licenses to nondomiciled drivers does not alter motor carriers' obligations to verify drivers' qualifications, but may create disruptions by reducing the number of eligible drivers, say attorneys at Benesch.
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EU-US Data Transfer Ruling Offers Reassurance To Cos.
The European Union General Court’s recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.