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Public Policy
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November 19, 2025
FDIC's Hill Advances In Senate Amid Dem Stonewalling Claims
Acting Federal Deposit Insurance Corp. Chairman Travis Hill's bid for a permanent term cleared a key hurdle Wednesday as the U.S. Senate Banking Committee advanced his nomination along with several other picks from the Trump White House.
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November 19, 2025
Justices Told Presidential Firing Limits Is An 'Originalist' Idea
A bipartisan collection of current and former government officials has urged the U.S. Supreme Court to uphold a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, claiming the precedent has roots that date back to the country's founding and reflects key separation of powers principles.
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November 19, 2025
DC Judge Revives Contempt Probe Of Alien Enemy Removals
U.S. District Judge James Boasberg said Wednesday he would quickly move forward with a renewed contempt probe into whether the Trump administration defied his order barring removals of suspected Venezuelan gang members under the 1798 Alien Enemies Act.
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November 19, 2025
Trump's CFTC Nom Grilled On Possible Crypto Leadership
President Donald Trump's nominee to lead the U.S. Commodity Futures Trading Commission was asked by senators on Wednesday whether the agency has enough money and staff to be handed the keys to crypto market oversight, but Michael Selig declined to commit to pushing for additional funding or for a full complement of commissioners if confirmed.
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November 19, 2025
Lawmakers Urge High Court To Curb SEC's Receivership Powers
A group of Republican lawmakers is urging the U.S. Supreme Court to take up a Texas businessman's case challenging the U.S. Securities and Exchange Commission's ability to place businesses into court-appointed receivership before a trial.
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November 19, 2025
Is 'Red Book' Best For Drug Pricing? Pa. Justices Ask
The Pennsylvania Supreme Court seemed skeptical Wednesday that the state workers' compensation authorities were using the best guide to calculate pharmacy reimbursements for injured workers' prescription drugs, with the justices questioning the fairness of the industry's long-used "red book" method.
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November 19, 2025
SEC Enforcement Actions Plunged After Gensler, Report Says
The U.S. Securities and Exchange Commission brought far fewer enforcement actions against public companies and subsidiaries after its Biden-era leader Gary Gensler departed, with the former chair bringing 52 of the 56 actions the agency initiated in fiscal 2025 despite stepping down in January.
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November 19, 2025
4 Groups Urge FCC To Reject Charter, Cox Merger
Four public interest groups petitioned the Federal Communications Commission on Tuesday to block the $34.5 billion merger agreement between cable giants Charter and Cox.
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November 19, 2025
La. Gets Access To BEAD Funds, 17 Other State Plans Get OK
Louisiana has become the first state to gain access to Broadband Equity, Access and Deployment program funds, according to the National Telecommunications and Information Administration, which said it has also given the green light to 17 other states and territories' final plans.
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November 19, 2025
4th Circ. Says Immigration Board Ignored Key Evidence
A split Fourth Circuit panel has said immigration courts ignored evidence of the threats a Honduran man faced from MS-13 gang members if he was sent back to that country, while a dissenting judge faulted him for not reporting to police alleged harms.
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November 19, 2025
NJ Construction Co. Sues Over Hudson Tunnel Union Limits
A New Jersey construction company wants to delay bidding for part of the $16 billion Hudson Tunnel Project, claiming in a federal lawsuit that the multistate commission overseeing the project unlawfully barred employing the United Steelworkers union currently representing the company's workers.
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November 19, 2025
Kalshi Says Sports 'Swaps' Not Bets In Bid To End Mass. Suit
Prediction market KalshiEX asked a Massachusetts state court to throw out a suit by state regulators alleging that its sports "event contracts" are illegal gambling, saying the U.S. Commodity Futures Trading Commission has already given its imprimatur to the products.
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November 19, 2025
Senate GOP Resists Extending Expanded ACA Tax Premiums
Senate Finance Committee Democrats on Wednesday urged their Republican counterparts to extend the enhanced tax credits for the Affordable Care Act, which is set to expire at the end of the year, but Republicans said they were looking for other options to address rising healthcare costs.
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November 19, 2025
NY Judge Halts DHS' Protected Status Termination For Syrians
A New York federal judge on Wednesday expressed disbelief that the Trump administration adequately considered local conditions when ending Temporary Protected Status for those facing danger in their home countries, staying the decision to end the program for Syrians.
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November 19, 2025
Christian Org. Gets Permanent Block On PWFA Abortion Regs
The U.S. Equal Employment Opportunity Commission won't require a Missouri-based Christian education foundation to provide workplace accommodations for workers who get abortions, agreeing to an injunction as part of a deal ending the nonprofit's lawsuit over the agency's Pregnant Workers Fairness Act regulations.
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November 19, 2025
Trump Admin Proposes Weakening ESA Protections
The Trump administration on Wednesday proposed four rules that would significantly weaken Endangered Species Act protections for plants and animals, drawing immediate condemnation from environmental and conservation groups.
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November 19, 2025
Green Groups Sue To Block Gulf Oil And Gas Lease Sale
Environmental groups have asked a federal court to block the first in a series of offshore oil and gas lease sales mandated by July's budget reconciliation bill, claiming the government shirked a required environmental review of the lease sale.
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November 19, 2025
Nexstar Asks FCC To Waive Ownership Cap In Tegna Takeover
TV station giant Nexstar has asked the Federal Communications Commission to sign off on its pending acquisition of Tegna Inc. even though the $6.2 billion deal would breach existing FCC limits on national media ownership.
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November 19, 2025
The House's Plan B For Repealing Provision On DOJ Lawsuits
If the Senate does not take up a bill to repeal a provision in the government funding package allowing senators investigated by former special counsel Jack Smith to sue for damages, a Republican House member is already making contingency plans.
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November 19, 2025
Gov'ts Widely Back Mutual Agreement Procedure In UN Treaty
Governments expressed widespread support for adopting measures to strengthen the mutual agreement procedure within a protocol on dispute resolution in the United Nations tax convention during the latest round of negotiations.
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November 19, 2025
8th Circ. Hears PBMs' Bid To Pause FTC Insulin Pricing Case
An Eighth Circuit panel had only a handful of questions on Wednesday for the pharmacy benefit managers accused of inflating insulin prices, though one of the judges expressed skepticism about pausing the Federal Trade Commission's in-house enforcement action on constitutional grounds.
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November 19, 2025
Alaska Senator Pushes For Better Vetting After Judge Scandal
Sen. Dan Sullivan, R-Alaska, said on Wednesday that after a federal judge in his state resigned in disgrace last year, he decided he had to revamp his selection process for judicial nominees.
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November 19, 2025
Split Pa. Justices Say Prosecutors Not Bound By Wiretap Law
Prosecutors like those at the Philadelphia District Attorney's Office can't be sued for using secret recordings obtained in violation of Pennsylvania's wiretap act, a split state Supreme Court ruled Wednesday.
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November 19, 2025
Calif. Dems File Bill To Expand Tribal Internet Service
Two California Democrats have introduced legislation aiming to explicitly include tribal lands under the Communications Act to make sure they can gain access to federal support for broadband connectivity in rural areas.
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November 19, 2025
Eco Orgs. Ask 2nd Circ. To Undo NY, NJ Pipeline Project Nods
Environmental groups have sued New York and New Jersey environmental regulators over their issuance of Clean Water Act permits for a controversial Williams Cos. pipeline upgrade after previously denying the permits over pollution concerns.
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.