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Public Policy
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December 04, 2025
NY Fed. Court Urged To Vacate ICE's Courthouse Arrest Policy
Two New York-based nonprofit organizations that provide immigration and settlement services are urging a federal court to halt arrests of noncitizens at immigration courts, while the Trump administration has responded that such arrests are discretionary decisions outside the court's purview.
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December 04, 2025
CDC Vaccine Committee Punts Hepatitis B Vote Again
Federal vaccine advisers on Thursday put off a vote on changing guidelines for a long-used hepatitis B vaccine for infants, delaying again a decision expected to have wide-ranging ramifications for national childhood vaccine policy in the U.S.
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December 04, 2025
Fla. High Court Backs University Control Over Nonprofit
The Florida Supreme Court on Thursday ruled that a university can control a research nonprofit's budget and approve its board members, saying a state law doesn't impair a memorandum of understanding between the two parties.
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December 04, 2025
Supreme Court Allows Texas Redistricting Map To Stay For Now
The U.S. Supreme Court gave Texas a green light Thursday to adopt its redrawn congressional map ahead of the 2026 midterm elections, staying a decision by the lower court that blocked the new maps as the case plays out.
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December 04, 2025
9th Circ. To Decide Agents' Immunity In Fatal Ariz. Shooting
An Arizona federal judge has agreed to let three U.S. Customs and Border Patrol agents pause a lawsuit against them until the Ninth Circuit weighs in on whether they are immune from the suit claiming they wrongfully shot and killed a Tohono O'odham Nation man.
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December 04, 2025
Credit Bureaus Can't Duck Suit Over Excluded Medical Debt
A California federal judge has found that Equifax, Experian and TransUnion must face key parts of a rejiggered proposed antitrust class action from medical practices and collection agencies targeting the credit reporting agencies' decision to exclude medical debt under $500 from consumer credit reports.
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December 04, 2025
Mass. Justices Unlikely To Revive Verizon Tower Suit
Justices on Massachusetts' highest court appeared unlikely to second-guess a local health board's decision to drop an enforcement action against Verizon over perceived health effects from a cell tower after the telecom filed suit.
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December 04, 2025
LA Fitness Says FTC Can't Expand Online Shopping Law
LA Fitness urged a California federal judge to dismiss the Federal Trade Commission's lawsuit alleging the gym has burdensome cancellation methods, arguing Wednesday that it fails to state a claim under the Restore Online Shoppers' Confidence Act, which doesn't apply to brick-and-mortar businesses and only regulates online commerce.
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December 04, 2025
Fed. Circ. Prior Art Ruling Conflicts With AIA, Justices Told
The Federal Circuit ruling that the filing date of a patent application dictates whether it can be used as prior art to invalidate a later patent is at odds with the law that created the modern administrative patent review system, one of the law's chief architects told the U.S. Supreme Court this week.
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December 04, 2025
Nixon Peabody Hires Cybersecurity Atty For Boston Office
Nixon Peabody LLP has added to its cybersecurity and privacy team in Boston with a newly hired attorney from Arnall Golden Gregory LLP, saying she focuses on privacy, governance, risk, compliance and public policy matters.
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December 04, 2025
AILA Says Texas Migrant Arrest Law Not Mirror Of Federal Law
The American Immigration Lawyers Association has urged the full Fifth Circuit to affirm a split panel decision upholding an injunction of Texas' Senate Bill 4, arguing that the state's migrant arrest law conflicts with federal law in a key way.
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December 04, 2025
Mich. Judge Throws Out Mail-In Ballot Matching Guidance
A Michigan state court judge has ruled that absentee ballots returned with a missing or mismatched ballot stub may not be counted, siding with the Republican National Commitee and local challengers.
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December 04, 2025
Crenshaw Blasts SEC Short-Selling Rules Deadline Extension
The U.S. Securities and Exchange Commission's outgoing, lone Democratic commissioner has criticized the agency's decision to extend the compliance dates for a pair of Biden-era regulations aimed at bolstering transparency in the short-selling market, calling the move a "repeal by extension."
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December 04, 2025
Treasury To Float Guidance For Budget Bill's Int'l Provisions
The U.S. Treasury Department announced plans Thursday to issue regulations for international tax provisions that were modified under the federal budget bill in July, including guidance to help corporations calculate foreign tax credits on certain types of overseas income.
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December 04, 2025
US, Tribes Ask High Court To Uphold Michigan Fishing Pact
Four Michigan tribes and the federal government are asking the U.S. Supreme Court to reject a petition by the Sault Ste. Marie Tribe of Chippewa Indians to overturn a decision to uphold a 2023 Great Lakes fishing compact, telling the justices that the case is not "the stuff of certiorari."
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December 04, 2025
SDNY Judge Unsure Of Jurisdiction In Maurene Comey Suit
A Manhattan federal judge said Thursday he may not have jurisdiction over former prosecutor Maurene Comey's suit claiming President Donald Trump's rivalry with her father, former FBI Director James Comey, led to her firing.
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December 04, 2025
Senate Confirms 4th NC Federal Judge This Week
The Senate on Thursday confirmed its fourth federal judge this week for North Carolina.
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December 04, 2025
NYT Says Pentagon Press Pass Policy Flouts Constitution
The New York Times accused the Pentagon of violating the First and Fifth Amendments with its policy of allowing officials to take away press passes of journalists who report on matters not authorized by the government, saying Thursday in a D.C. federal lawsuit that it took action after its reporters refused to agree to follow the rule.
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December 04, 2025
Data Co. Seeks To Consolidate NJ Judicial Privacy Law Cases
The data privacy firm Atlas Data Privacy has asked the New Jersey Supreme Court to consolidate over 100 ongoing cases where it is suing data brokers under the state judicial privacy statute Daniel's Law into a single multicounty litigation, according to a notice to the bar filed this week.
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December 04, 2025
School Privacy Waiver Case Belongs In State Court, Mich. Says
Michigan's top education official has urged a federal judge to let a state court decide the constitutionality of a funding package requiring schools to give up certain privacy rights to receive critical funding, while school leaders challenging the waiver are asking the federal court to block it from going into effect.
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December 04, 2025
Feds Defend Pro-Trump Policy Question On Job Applications
The Trump administration on Wednesday urged a Massachusetts federal judge not to strike a question for potential federal employees asking how they would advance the president's agenda, saying there's no evidence the question hurts an applicant's chances of getting hired.
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December 04, 2025
Oregon Labor Peace Law Unconstitutional, 9th Circ. Told
Cannabis companies that brought a successful challenge to an Oregon state law requiring marijuana businesses to have labor peace agreements told the Ninth Circuit on Wednesday the law was unconstitutional and preempted.
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December 04, 2025
Lawmakers Debate Higher Pay, Health Benefits For Boxers
An effort to revamp American boxing got underway on Capitol Hill on Thursday as lawmakers deliberated over legislation to provide better pay and workplace protections for fighters, with Democrats expressing concern over the potential for corruption to flourish in the sport.
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December 04, 2025
Bipartisan Bill Would Set Guardrails On Employers' AI Use
A bipartisan coalition of lawmakers introduced legislation Wednesday that mandates employers include human oversight when using automated decision-making software, regularly test their tools and disclose to workers when they're in play.
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December 04, 2025
Environmental Groups Sue EPA Over Methane Rule Delay
Environmental groups are challenging a final rule the U.S. Environmental Protection Agency published Wednesday to extend a number of compliance deadlines for methane pollution control requirements, calling it an unlawful handout for oil and gas companies.
Expert Analysis
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6 Shifts In Trump Tax Law May Lend A Hand To M&A Strategy
Changes in the Trump administration's recent One Big Beautiful Bill Act stand to create a more favorable environment for mergers and acquisitions, including full bonus depreciation and an expanded code section, say attorneys at K&L Gates.
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Trends In Post-Grant Practice Since USPTO Denial Guidance
Six months after the U.S. Patent and Trademark Office updated its guidance on discretionary denial of inter partes review and post-grant review, noteworthy trends in denial statistics have emerged, warranting a reassessment of strategies for parallel proceedings, says Andrew Ramos at Bayes.
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Examining The Quietest EEOC Enforcement Year In A Decade
The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.
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Transource Ruling Affirms FERC's Grid Planning Authority
The Third Circuit's recent decision in Transource Pennsylvania v. DeFrank, reversing a state agency's denial of an electric transmission facility permit, provides a check on states' ability to veto needed power projects, and is a resounding endorsement of the Federal Energy Regulatory Commission's regional transmission planning authority, say attorneys at Wilson Sonsini.
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Assessing The Future Of The HIPAA Reproductive Health Rule
In light of a Texas federal court's recent decision to strike down a U.S. Department of Health and Human Services rule aimed to protect the privacy of patients seeking abortions and gender-affirming care, entities are at least temporarily relieved from compliance obligations, but tensions are likely to continue for the foreseeable future, says Liz Heddleston at Woods Rogers.
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State Paid Leave Laws Are Changing Employer Obligations
A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.
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How Crypto Embrace Will Affect Banks And Credit Unions
The second Trump administration has moved aggressively to promote crypto-friendly reforms and initiatives, and as the embrace of stablecoins and distributed ledger technology grows, community banks and credit unions should think strategically as to how they might use these innovations to best serve their customers, says Jay Spruill at Woods Rogers.
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In NY, Long COVID (Tolling) Still Applies
A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.
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Navigating The SEC's Evolving Foreign Private Issuer Regime
As the U.S. Securities and Exchange Commission reevaluates foreign private issuer eligibility, FPIs face not only incremental compliance costs but also a potential reshaping of listing strategies, capital access, enforcement exposure and global regulatory coordination, potential unintended effects that deserve further exploration, say attorneys at Simpson Thacher.
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New Conn. Real Estate Laws Will Reshape Housing Landscape
With new legislation tackling Connecticut's real estate landscape, introducing critical new requirements and legal ambiguities that demand careful interpretation, legal counsel will have to navigate a significantly altered and more complex regulatory environment, say attorneys at Harris Beach.
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USPTO Under Squires: A Look At The First Month
New U.S. Patent and Trademark Office Director John Squires' opening acts — substantive and symbolic — signal a posture that is more welcoming to technological improvements and focused on rebalancing the office's gatekeeping role, say attorneys at Seyfarth.
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Iran Sanctions Snapback Raises Global Compliance Risks
The reimplementation of U.N. sanctions targeting Iran’s nuclear program, under a Security Council resolution's snapback mechanism, and related actions in Europe and the U.K., may change U.S. due diligence expectations and enforcement policies, particularly as they apply to non-U.S. businesses that do business with Iran, says John Sandage at Berliner Corcoran.
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Hermes Bags Antitrust Win That Clarifies Luxury Tying Claims
A California federal court recently found that absent actual harm to competition in the market for ancillary products, Hermes may make access to the Birkin bag contingent on other purchases, establishing that selective sales tactics and scarcity do not automatically violate U.S. antitrust law, say attorneys at Holland & Knight.
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Glimmers Of Clarity Appear Amid Open Banking Disarray
The Consumer Financial Protection Bureau's vacillation over data rights rules has created uncertainty, but a recent proposal is a strong signal that open banking regulations are here to stay, making now the ideal time for entities to take action to decrease compliance risk, says Adam Maarec at McGlinchey Stafford.
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Opinion
High Court, Not A Single Justice, Should Decide On Recusal
As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.