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Public Policy
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December 18, 2025
OMB Slammed With Suit Over Federal Watchdog Defunding
A group of nonprofits sued the federal Office of Management and Budget this week to secure permanent funding for the independent agency for federal watchdogs, saying the office overstepped its authority in choosing to defund the organization.
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December 18, 2025
Ariz. Bill Would Bar Local Taxes On Residential Sales
Arizona would retroactively bar local taxes on the sales of certain residential properties under legislation proposed in the state Senate.
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December 18, 2025
Judge Wants More Info On 1976 Memo In Philly Cops' OT Suit
A Pennsylvania federal judge Thursday held off on deciding whether to send an overtime lawsuit against the city of Philadelphia, its police department and some of the department's leaders to trial, saying he needs additional details, including about a decades-old memorandum amending a civil service regulation.
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December 18, 2025
Compliance Chiefs' Enforcement Risks Didn't Ease Up In 2025
The landscape for chief compliance officers' liability might relax a bit in the coming years as experts anticipate the Trump administration will rely less on a "failure to supervise" theory of liability that financial regulators used to target one chief compliance officer this year.
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December 18, 2025
Trump Orders Loosening Of Federal Restrictions On Marijuana
President Donald Trump on Thursday announced that his administration would instruct federal agencies to loosen restrictions on cannabis via executive order, a historic acknowledgment from the executive branch that the drug has recognized medical uses.
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December 18, 2025
Pot Co. Says NY's 'Seed To Sale' Program Raises Costs
A maker of cannabis products is suing New York's cannabis regulators, alleging that new 'seed-to-sale' tracking system will exponentially raise prices and is an unconstitutional overreach by the agency.
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December 17, 2025
Senate Sends $900B Defense Bill To Trump's Desk
The U.S. Senate on Wednesday passed a $900.6 billion defense policy and budget bill for 2026, which includes a provision aimed at putting pressure on Defense Secretary Pete Hegseth to release unedited video of boat strikes carried out in international waters near Venezuela.
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December 17, 2025
Trump Admin Asks Fed Whether It's Back In The Black
The U.S. Department of Justice on Tuesday asked the Federal Reserve to confirm whether it has returned to profitability, a potential opening for the Trump administration to draw new funding for the Consumer Financial Protection Bureau after insisting none is available.
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December 17, 2025
9th Circ. Affirms DHS Officers' Fast-Track Removal Authority
A Ninth Circuit panel on Wednesday upheld the denial of a Mexican citizen's bid to toss illegal reentry charges, rejecting arguments that a U.S. Department of Homeland Security "deciding service officer" unconstitutionally ordered his removal, while also clarifying that such officers who issue fast-track removal orders aren't subject to the U.S. Constitution's appointments clause.
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December 17, 2025
NJ Gov. Says Clemency Grants Exceed 300 Since Exec Order
New Jersey Gov. Phil Murphy on Wednesday announced that his office has surpassed 300 grants of clemency since he launched an effort last year to increase the legal relief provided to incarcerated and convicted people in the state.
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December 17, 2025
States, Groups Urge DC Circ. To Preserve EPA Soot Rule
The U.S. Environmental Protection Agency's request that the D.C. Circuit vacate a Biden-era soot rule is legally untenable and should be rejected, Democrat-led states and cities, along with health and environmental groups, told the court.
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December 17, 2025
5th Circ. Overturns 20-Year Sentence For Illegal Reentry
A Fifth Circuit panel vacated a 20-year sentence imposed on a Mexican national for unlawful reentry, ruling Wednesday that prosecutors broke an informal agreement to support far lower sentencing guidelines if the man entered a guilty plea with no formal deal.
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December 17, 2025
Lawmakers Raise Concerns Over Nexstar's $6.2B Tegna Deal
A group of Democratic lawmakers has urged federal enforcers to closely scrutinize Nexstar Media Group Inc.'s planned $6.2 billion purchase of rival broadcast company Tegna Inc. and to block the deal if they find it violates the law.
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December 17, 2025
DC Circ. Grants En Banc Hearing On CFPB Layoff Plan
Additional D.C. Circuit judges will get to weigh in on the Trump administration's bid to dismantle the Consumer Financial Protection Bureau through mass layoffs, after the appeals court granted the agency's employees' union an en banc rehearing on a lower court's injunction stopping the firings.
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December 17, 2025
Senate Dems, FCC Tangle Over Agency's 'Independent' Status
The Federal Communications Commission's Republican chair faced off Wednesday against Senate Democrats, who accused him of trying to muffle dissenting political views and gutting the telecommunications regulator's longstanding independence.
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December 17, 2025
Halt Of Alien Enemies Contempt Probe To Test Judicial Power
The D.C. Circuit's second halt of U.S. District Judge James Boasberg's contempt inquiry into the Trump administration's Alien Enemies Act deportations has set up a high-stakes fight over how far judges can go when the executive branch defies their orders.
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December 17, 2025
Shutdown Deal Bars Federal Firings Until Feb., Judge Says
A California federal judge said Wednesday she'll grant a preliminary injunction barring layoffs of federal workers from several agencies before Jan. 30, saying legislation that ended the government shutdown prohibits the layoffs, but she added she might pause her order while the government appeals.
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December 17, 2025
20 States Back 10th Circ. Rehearing In Colo. Interest Rate Row
Utah has led a group of 20 states in backing a push by banking groups for a full Tenth Circuit rehearing of their challenge to a Colorado law intended to curb high-cost lending in the state, saying a recent panel decision upholding the law harms states' interests.
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December 17, 2025
Energy Dept. Orders Wash. Coal Plant To Remain Open
The U.S. Department of Energy has ordered Washington's sole coal-fired power plant to remain open through March 2026, despite a state law that requires utilities to stop using coal-fired electricity by year's end.
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December 17, 2025
UMich Says Allowing Protest Suit Would 'Eviscerate' Immunity
An attorney representing the University of Michigan told a federal judge Wednesday that permitting a complaint from its former staffers, who alleged they were fired without due process for participating in protests in support of Palestinians in Gaza, to move forward would "eviscerate" immunity for major institutions.
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December 17, 2025
LSU Districts' Taxes Challenged For Not Getting Voter OK
A former Louisiana councilperson filed a suit against two economic improvement districts associated with Louisiana State University on Wednesday, saying the jurisdictions failed to get taxpayer approval before raising sales taxes.
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December 17, 2025
Pentagon Must Justify JAG Firings Under New NDAA
Under the annual defense policy bill that was sent to the president's desk on Wednesday, the Pentagon will have to explain its firings of military lawyers — a provision that comes after the Trump administration controversially dismissed its top military lawyers at the beginning of the year.
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December 17, 2025
Ex-Conn. Official Denied Hearing On Juror's Media Comment
A former Connecticut schools construction official did not provide enough justification to warrant a post-conviction hearing to probe whether jurors were forthcoming about their exposure to press coverage of his public corruption case, a federal judge ruled Wednesday.
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December 17, 2025
Bill Would Ease Copyright Registration For Visual Artists
Visual artists would have a simplified and cheaper copyright registration process under a bill introduced Wednesday by Tennessee Republican U.S. Sen. Marsha Blackburn.
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December 17, 2025
Court Remands Commerce Ruling On Vietnam Steel Duties
The U.S. Department of Commerce did not properly substantiate its 2023 findings that imports of Vietnamese steel products were flouting duties imposed on South Korea, India and China, the U.S. Court of International Trade said, remanding the agency's determinations.
Expert Analysis
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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.
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How AI Exec Order May Tee Up Legal Fights With States
The Trump administration's draft executive order would allow it to challenge and withhold federal dollars from states with artificial intelligence laws, but until Congress passes comprehensive AI legislation, states may have to defend their regulatory frameworks in extended litigation, says Charles Mills, a clerk at the U.S. District Court for the Northern District of West Virginia.
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Recent Proposals May Spell Supervision Overhaul For Banks
A slew of rules recently proposed by the federal banking agencies with approaching comment deadlines would rewrite supervision standards to be further tailored to banks' size and activities, while prioritizing financial risks over process, documentation and other nonfinancial risks, say attorneys at Davis Wright.
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Where DEI Stands After The Federal Crackdown In 2025
The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.
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Rule Update May Mean Simpler PFAS Reports, Faster Timeline
The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.
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What US Can Learn From Brazil's Securities Arbitration Model
To allay investor concerns about its recent approval of mandatory arbitration clauses in public company registration statements, the U.S. Securities and Exchange Commission should look to Brazil's securities arbitration model, which shows that clear rules and strong institutions can complement the goals of securities regulation, say arbiters at the B3 Arbitration Chamber.
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Navigating The New Patchwork Of Foreign-Influence Laws
On top of existing federal regulations, an expanding wave of state legislation — placing new limits on foreign-funded political spending and new registration requirements for foreign agents — creates a confusing compliance backdrop for corporations that demands careful preplanning, say attorneys at BakerHostetler.