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Public Policy
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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.
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November 20, 2025
DOJ Antitrust Chief Says Agriculture A 'Top Priority'
The U.S. Department of Justice's top antitrust official said enforcers have already opened several investigations in the agriculture sector, including into meatpackers at the direction of President Donald Trump, and called the industry a "top priority" for the agency.
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November 20, 2025
Judge Flags Standing Issue In Stanford Daily Deportation Suit
A California federal judge has pushed off deciding the merits of Stanford University's student newspaper's challenge to the Trump administration's targeting of foreign students who express pro-Palestinian views for immigration enforcement, saying she can't rule until she's sure the paper has standing.
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November 20, 2025
Fla. Court Reverses Drug Court Denial Over Prosecutor Error
A Florida appellate panel reversed the denial of a fraud suspect's motion to enter a pretrial drug intervention program after he was charged with attempting to steal COVID-19 relief funds, saying a state prosecutor conceded there was "no competent substantial evidence" supporting the lower court's decision.
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November 20, 2025
1st Circ. Sends Maine's 3M PFAS Suit Back To Federal Court
A First Circuit panel has sent a suit from the state of Maine against 3M Co. over so-called forever chemical contamination back to federal court, saying its disclaimer that it wasn't pursuing federal claims does not on its own put the case in state court.
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November 20, 2025
State Of NIL Play At High Schools
An Ohio state judge's temporary halt of a policy barring name, image and likeness compensation for high school athletes may have the domino effect of wiping out the ban in the handful of states that still have it. Here, Law360 takes a look at the holdout states and the legislative and bylaw changes they are contemplating to lift the ban.
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November 20, 2025
Senate Panel OKs Miss. Judge, US Atty Nominees After Delay
After weeks of holdup, nominees for Mississippi federal courts and U.S. attorneys were voted out of committee on Thursday, following an impasse between Republican senators.
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November 20, 2025
Ore. Tax Court Slashes Health Club Property Value By $1M
An Oregon health club that was under renovation was overvalued by a local assessor and should have its value decreased by roughly $1 million, the state tax court said in a decision.
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November 20, 2025
Ex-Ill. Speaker Madigan Disbarred After Bribery Conviction
The Illinois Supreme Court issued an order Wednesday disbarring former Illinois House Speaker Michael Madigan, who consented to the disbarment after he was convicted earlier this year on charges claiming he used his official position to steer business to his now-defunct personal law firm.
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November 20, 2025
Congressional Dems Revive Bill To Curb Rental Price-Fixing
A group of Democratic lawmakers have reintroduced legislation in Congress to crack down on landlords using algorithms to systematically raise rental prices.
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November 20, 2025
Trump's Epstein Directive Puts SDNY Prosecutor In A 'Pickle'
Manhattan chief federal prosecutor Jay Clayton appears to have been backed into a "horrible" corner with a "no-win" outcome as a result of a directive from President Donald Trump and U.S. Attorney General Pam Bondi to investigate Jeffrey Epstein's ties to prominent Democrats, experts say.
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November 20, 2025
Va. Defends Ban On Unauthorized Flavored E-Cigarettes
The Virginia attorney general and tax commissioner are urging a federal judge to throw out a suit challenging the state's ban on flavored e-cigarettes that are not approved by federal regulators, saying the plaintiffs have no standing to sue and the ban complies with federal law.
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November 20, 2025
Ex-SDNY Chief Rejects Claim Of Broken FTX Plea Promise
Former interim Manhattan U.S. Attorney Danielle Sassoon told a federal judge Thursday that she never promised crypto lobbyist Michelle Bond any kind of no-prosecute deal as the government negotiated a guilty plea with Bond's husband, former FTX executive Ryan Salame.
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November 19, 2025
FDIC Can't Have Advisory Jury In $1.9B Fight With SVB Trust
A California federal judge Wednesday denied the Federal Deposit Insurance Corp.'s request that she empanel an advisory jury in a suit looking to force the agency to return some $1.9 billion in frozen deposits to the former operator of Silicon Valley Bank, finding "no compelling reasons" to do so.
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November 19, 2025
GSA, Perplexity Strike 'First' Direct-To-Gov't AI Deal
The U.S. General Services Administration struck a "first-of-its-kind" direct deal with Perplexity to provide federal agencies access to the artificial intelligence company's flagship enterprise AI product for just 25 cents per agency, GSA announced Wednesday.
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November 19, 2025
Dissent Accuses Redistrict Ruling Of 'Judicial Misbehavior'
A Fifth Circuit judge denounced the judge who penned a federal court order blocking Texas' newly redrawn congressional map, saying in a Wednesday opinion the order blocking the redistricting amounts to the "most blatant exercise of judicial activism" he had ever seen.
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November 19, 2025
Colo. Justices Question Public Works Act Interpretation
The Colorado Supreme Court appeared skeptical Wednesday of an appellate court's Public Works Act interpretation, which vacated a subcontractor's $12.7 million claim against the general contractor that employed it to help build a new Denver rail line.
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November 19, 2025
Cato Urges High Court To Review SEC Disgorgement Powers
The Cato Institute and others have come out in support of a call for the U.S. Supreme Court to resolve a circuit split over the U.S. Securities and Exchange Commission's disgorgement powers, saying a recent Ninth Circuit decision unlawfully delegates legislative power to executive officials.
Expert Analysis
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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.
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FTC Focus: M&A Approvals A Year After Trump's Election
The Federal Trade Commission merger-enforcement regime a year since President Donald Trump's election shows how merger approvals have been expedited by the triaging out of more deals, grants for early termination of the Hart-Scott-Rodino waiting period, and zeroing in on preparing solutions for the biggest problems, say attorneys at Proskauer.