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Public Policy
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December 03, 2025
Texas Produce Groups Challenge OSHA's Constitutionality
Two Texas associations representing fruit and vegetable supply chain companies filed a federal lawsuit Wednesday challenging the constitutionality of the Occupational Safety and Health Act, arguing its creation by Congress violated the non-delegation doctrine by granting the executive branch too much policymaking power on workplace safety standards.
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December 03, 2025
SIGAR Says $26B Lost To Waste, Fraud And Abuse In Afghanistan
An independent watchdog overseeing the U.S.' reconstruction efforts in Afghanistan found that of roughly $145 billion spent between 2002 and the Afghan government's collapse in 2021, there was at least $26 billion in waste, fraud and abuse.
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December 03, 2025
Wash. Defends Law Limiting Immigrants Working In Jails
Washington state urged a federal judge to deny King County's attempt to block a law that imposes citizenship and immigration status requirements for local government corrections officers, arguing that it passes legal muster and may soon change anyway.
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December 03, 2025
FCC Won't Extend COVID-Era Lifeline Rule Waiver
The Federal Communications Commission has finally decided for good whether a COVID-era waiver of a Lifeline program rule ended on the last day of April in 2021 or the first day of May, concluding Wednesday it does not have to pay out an extra month of benefits.
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December 03, 2025
Trump Admin Moves To Undo Biden-Era Fuel Economy Rules
The Trump administration on Wednesday proposed to unwind Biden-era fuel economy standards for cars and light trucks, claiming they unlawfully force a transition from gasoline-powered vehicles to electric ones.
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December 03, 2025
Dish Fights Clawback Of Millions In Broadband Subsidies
Dish Network says the private entity that administers many of the FCC's subsidy programs is trying to "shirk its own responsibilities to verify eligibility" for those programs and force telecoms to return millions of dollars they used to provide service to people previously deemed eligible.
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December 03, 2025
FDA Seizes $1M In Illegal 7-OH Opioid Products
Federal regulators seized $1 million worth of illicit food products containing a kratom-derived compound from companies in Missouri, according to an announcement that said the action is part of the government's ongoing effort to crack down on the opioid-like supplement.
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December 03, 2025
Commerce Told To Justify Accepting Korean Exporter's Math
The U.S. Department of Commerce must better explain why it decided to use a Korean exporter's calculations without adjustments in an antidumping duty review, the U.S. Court of International Trade said in an opinion remanding the government's determination.
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December 03, 2025
Neb. Justices Consider Reviving Medical Cannabis Challenge
The Nebraska Supreme Court gave little indication on Wednesday whether it would restore a legal challenge backed by state officials seeking to void medical marijuana legalization measures that were approved by supermajorities of state voters.
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December 03, 2025
Enviro Advocates' Challenge To Forest Service Rule Tossed
A Virginia federal judge on Wednesday tossed conservation groups' challenge to a U.S. Forest Service rule that allows some projects to avoid more extensive environmental review, saying the organizations failed to prove an "imminent" injury.
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December 03, 2025
Ga. Must Continue Care For Trans Prisoners, Judge Orders
A Georgia federal judge ordered the state's corrections system Wednesday to continue providing hormone therapy to transgender prisoners, entering a permanent injunction that partially blocks a 2025 law stripping prisons of funding for gender-affirming healthcare.
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December 03, 2025
State AGs Condemn College Sports Rule Enforcement Deal
Seven state attorneys general on Wednesday called a proposed contract between NCAA institutions and the commission enforcing new revenue-sharing rules for athletes "cartoonishly villainous," arguing in a letter that it undermines state laws and jeopardizes the rights of athletes and schools.
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December 03, 2025
3rd Circ. Suggests COVID Loan Law Vexed By 'Vagueness'
The Third Circuit on Wednesday flagged ambiguities in the federal law governing pandemic relief for businesses in the case of an IT services company seeking forgiveness of a $7.2 million loan for payroll costs, with one judge suggesting the "vagueness and confusion" resulted from hasty policymaking during the COVID-19 emergency.
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December 03, 2025
Wisconsin Village Loses Bid to Block Oneida Land Trust
A federal court judge affirmed an Interior Department decision to place 500 acres of properties into a trust for the Oneida Nation, rejecting claims by a Wisconsin village that the transfers were based on a biased administrative process that wiped out its municipal authority.
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December 03, 2025
FTC Clears Boeing's $4.7B Spirit Aero Deal With Fixes
The Federal Trade Commission said Wednesday that enforcers will allow Boeing to move ahead with its planned $4.7 billion purchase of aircraft parts-maker Spirit AeroSystems after the companies agreed to sell several assets.
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December 03, 2025
House Panel OKs Shot Clocks On Broadband Project Reviews
House Republicans pushed a contentious bill through committee Wednesday to require state and local governments to act within certain timeframes on applications for new broadband projects, or the permits would be deemed granted regardless.
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December 03, 2025
Trump Would Prefer Jack Smith Testify In Public
Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee, subpoenaed former counsel Jack Smith on Tuesday for a closed-door deposition, to which President Donald Trump said he would rather see a public testimony.
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December 03, 2025
Boston Celeb Chef Facing Default In City's $1.7M Tax Case
Celebrity chef Barbara Lynch failed to line up new counsel or respond to an amended complaint the city of Boston brought against her in state court over an unpaid $1.7 million tax bill for her now-shuttered restaurants, the city has argued, asking that she be found in default.
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December 03, 2025
GOP Expects G7 Side-By-Side Tax Deal Details This Week
The House Ways and Means Committee's top Republican expects negotiations to wrap up this week on the technical details of the agreement with the Group of Seven countries to exempt U.S. multinational corporations from the minimum-tax system, he said Wednesday.
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December 03, 2025
FCC Jettisons More Than 2,000 'Dormant' Dockets
The Federal Communications Commission Wednesday closed out more than 2,000 pending dockets involving regulatory issues that FCC officials say have long since gone by the wayside.
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December 03, 2025
Troutman Atty Is 3rd NC Federal Judge Confirmed This Week
The Senate voted 57-41 on Wednesday to confirm Matthew Orso, a partner at Troutman Pepper Locke LLP, to the Western District of North Carolina as a federal district judge.
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December 03, 2025
DC Judge Orders ICE To Disclose Metadata In FOIA Fight
U.S. Immigration and Customs Enforcement must disclose certain metadata from two databases relating to detention and removal operations, a D.C. federal court ruled, finding ICE improperly withheld information following a court-ordered analysis to sift out publicly releasable information.
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December 03, 2025
Judge Limits Warrantless Immigration Arrests In DC
A D.C. federal judge has barred the Trump administration from making warrantless civil immigration arrests in the nation's capital unless federal agents can first establish required probable cause that a person poses a flight risk.
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December 03, 2025
Virginia Bar Declines To Investigate Interim US Atty Halligan
The Virginia State Bar has declined to investigate whether Lindsey Halligan should face discipline over her scandal-plagued tenure as the interim U.S. attorney for the Eastern District of Virginia, just days after a federal judge ruled she was not properly appointed to that post.
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December 03, 2025
OCC Taps Ex-DC Civil Division Head As Deputy Chief Counsel
The Office of the Comptroller of the Currency said Wednesday that it has hired a longtime litigator with the U.S. Attorney's Office for the District of Columbia to be a senior official in the banking agency's legal department.
Expert Analysis
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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.
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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.