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Public Policy
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November 20, 2025
FERC Looks To Put LNG Project Work On A Faster Track
The Federal Energy Regulatory Commission on Thursday said it will explore speeding up its permitting of liquefied natural gas projects by creating a blanket authorization process for certain project activities that wouldn't require individual approvals.
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November 20, 2025
Ala. County Must Face Inmate Death Claim, 11th Circ. Rules
An Eleventh Circuit panel ruled Thursday that no Alabama state law prevents a county from facing liability for an incarcerated person's death after substandard healthcare from a third-party medical provider the county hired.
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November 20, 2025
NY Medical Cannabis Cos. Say State Flubbed Enforcement
The large, vertically integrated companies that make up New York's medical cannabis trade have accused New York's marijuana regulators in state court of failing to halt the flow of illicit pot products into the state's regulated marketplace.
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November 20, 2025
7th Circ. Halts Order Releasing Hundreds Of ICE Detainees
The Seventh Circuit on Thursday paused two Chicago federal court rulings ordering the release on bond of hundreds of civil immigration detainees arrested during the Trump administration's surge of immigration enforcement operations in Illinois.
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November 20, 2025
1st Circ. Tosses Challenge To Maine Lobster Boat Tracking
The First Circuit has declined to revive a case brought by several Maine lobstermen who said their privacy rights were violated by the state's tracking of their vessels, ruling that the tracking devices were part of administrative searches of a closely regulated industry and do not violate the Fourth Amendment.
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November 20, 2025
Blue Shield Of California, Magellan Sued Over 'Ghost Network'
Blue Shield of California and Magellan Health maintain a "ghost network" directory of mental health providers who don't exist or don't accept new patients, leading customers to hit a dead end or desperately resort to expensive out-of-network providers, according to a proposed class action filed Wednesday in California federal court.
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November 20, 2025
Conservative Group Tells Justices Pot Ban Is Unconstitutional
Conservative advocacy group Americans for Prosperity Foundation is urging the U.S. Supreme Court to take up a petition in a case challenging the Controlled Substances Act's prohibition on state-legal cannabis, saying a 20-year-old precedent wrongly expanded Congress's power to regulate commerce.
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November 20, 2025
Trump DOJ Misrepresenting Due Process Order, Migrants Say
The Trump administration is attempting to mislead the First Circuit into vacating a Massachusetts federal judge's injunction requiring due process for noncitizens facing removal to countries where they have no prior ties, counsel for the deportees argued in a brief on Wednesday.
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November 20, 2025
10th Circ. Weighs Colo. Law On Healthcare Sharing Plans
A Tenth Circuit panel grappled Thursday with how the court should interpret a Colorado law requiring entities not authorized to offer insurance in the state to report certain information about their healthcare sharing plans, in an appeal by a religious trade group challenging the law's constitutionality.
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November 20, 2025
State AGs Want Further HPE-Juniper Integration Barred
The Democratic state attorneys general challenging the controversial U.S. Department of Justice settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks want a California federal judge to bar the companies from "further integration" while they push the court to reject the deal outright.
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November 20, 2025
Treasury To Curtail Tax Credits For Unauthorized Immigrants
The U.S. Department of the Treasury plans to propose rules that would bar unauthorized immigrants from receiving popular refundable individual tax credits such as the earned income tax credit, the department announced Thursday.
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November 20, 2025
FirstEnergy Must Pay $250M In Ohio Bribery Scandal Fallout
FirstEnergy Corp.'s Ohio utilities were ordered to pay a combined $250.7 million in restitution to customers and civil forfeitures by the Public Utilities Commission of Ohio as part of the commission's investigation in response to the massive bribery scheme behind a $1.3 billion bailout for two nuclear energy plants.
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November 20, 2025
Conn. Faces Tough 2nd Circ. In 3M PFAS Enforcement Dispute
A Second Circuit panel on Thursday appeared receptive to 3M's argument that Connecticut's state lawsuit accusing it of polluting the environment with forever chemicals contained in consumer products actually belongs in federal court, where a similar lawsuit against the company is playing out.
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November 20, 2025
Senate Passes Bill To Protect State Judges From Threats
The Senate on Thursday unanimously passed a bipartisan bill to beef up security for state and local judges.
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November 20, 2025
Pa. Justices Suspect 'Skill Games' Are Gambling Devices
In a case poised to determine the legality of the Pennsylvania Skill games proliferating in gas stations and storefronts, at least four justices on the state Supreme Court seemed ready on Thursday to consider them gambling devices, given that the skill element could be skipped or may have already been contemplated in the state's gaming code.
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November 20, 2025
'Not Well-Taken': 2nd Bid To Halt CFPB Energy Loan Rule Fails
A Florida federal judge on Thursday smacked down a lender trade group's renewed bid to halt a Biden-era Consumer Financial Protection Bureau rule that will tighten standards on clean-energy home improvement loans, calling the emergency request wasteful and "not well-taken."
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November 20, 2025
Michigan Supreme Court To Hear Court Funding Challenge
The Michigan Supreme Court will take up a challenge to a state law authorizing trial courts to collect fees from criminal defendants to fund the courts and other government functions.
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November 20, 2025
FCC Pushes Upper C-Band Spectrum Auction Forward
A prime piece of midband spectrum will likely go on the auction block soon after the Federal Communications Commission on Thursday kicked off new rules opening a portion of upper C-band airwaves for flexible wireless use.
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November 20, 2025
FCC Rescinds Contested Biden-Era Cybersecurity Ruling
The Federal Communications Commission on Thursday reversed a ruling made late in the Biden administration that required new steps from telecoms to beef up cybersecurity, even as an FCC Democrat decried the move as gutting the agency's response to the Salt Typhoon cyberattack.
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November 20, 2025
EU Needs Unified Tax Benefits For Electricity, Experts Say
The European Union needs a unified approach to tax benefits that would treat electricity more favorably than fossil fuels amid an impasse surrounding its overhaul to the energy taxation system, experts told the European Parliament's tax committee Thursday.
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November 20, 2025
NC Judge Halts Medicaid Cuts For Autism Services
A North Carolina state court judge blocked the state's Health and Human Services Department from implementing a 10% cut to Medicaid reimbursement rates for autism therapy after finding children who benefit from that therapy would be irreparably harmed.
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November 20, 2025
Meta Loss Shows Time Not On Enforcers' Side In Tech Cases
Meta's triumph over a Federal Trade Commission antitrust case Tuesday hinged on a D.C. federal judge's finding that the company lacks a monopoly in the present day, highlighting some of the challenges of using slow-moving litigation to challenge fast-moving markets.
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November 20, 2025
Ute 'Healer' Convicted Of Sexual Abuse Over 12 Years
A Colorado tribal member has been convicted of sexually assaulting four women and a child over the past dozen years, the U.S. Department of Justice says, after he allegedly established himself as a traditional Indigenous healer to exploit his victims.
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November 20, 2025
8th Circ. Urged To Revive Tribe's Overcollection Challenge
A South Dakota tribe is asking the Eighth Circuit to revive its suit alleging the federal government overcollected millions on a school debt obligation, saying a lower court judge incorrectly found the tribe waited too long to file its challenge.
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November 20, 2025
Unions Look To Strike 'Loyalty Question' From Fed. Job Apps
Federal workers' unions asked a Massachusetts federal judge to block the federal government from asking potential hires how they'd help advance President Donald Trump's policy goals, saying that what they call the loyalty question is part of the administration's attempt to snub nonpartisan civil servants in favor of ideologues.
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.