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Public Policy
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December 19, 2025
NLRB To Get Quorum, GC As Senate Confirms Trump Picks
The National Labor Relations Board is set to end 2025 with a quorum after the U.S. Senate confirmed the president's nominees to two board vacancies and the agency's open general counsel post as part of a bloc of picks for jobs across the government.
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December 18, 2025
The Biggest Rulings From A Busy Year At The 1st Circ.
The nation's smallest federal appellate panel punched above its weight in 2025, grappling with numerous suits against the Trump administration, high-profile criminal appeals, a $34 million legal fee bid and a hotly contested kickback law.
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December 18, 2025
Eli Lilly Workers Say Justices Needn't Mull Collective Standard
Eli Lilly workers on Wednesday pressed the U.S. Supreme Court not to disturb a Seventh Circuit decision establishing a new, more flexible standard for certifying collective actions, arguing that there's no "urgent" need for the high court to weigh in on the dispute.
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December 18, 2025
DC Circ. Wonders If Noncitizen Registration Is New Rule
The D.C. Circuit pushed back Thursday morning on the idea that the Trump administration created a new rule by requiring all noncitizens to register with the federal government under threat of federal prosecution, suggesting it might just be enforcing federal immigration law.
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December 18, 2025
Senate Package Includes US Attorney, DC Judge Confirmations
The Senate confirmed 13 U.S. attorneys and three local judges for the District of Columbia as part of a nominations package confirmed 53-43 along party lines on Thursday.
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December 18, 2025
Anti-Fluoride Win Merits $9.5M In Fees From EPA, Judge Told
Anti-fluoridation groups urged a California federal judge in a hearing Thursday to grant them $9.5 million in attorney fees for winning a 2024 decision that the U.S. Environmental Protection Agency's "optimal" fluoride level for drinking water poses an unreasonable risk of lowering children's IQ.
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December 18, 2025
Arkansas Social Media Safety Law Temporarily Blocked
Arkansas cannot enforce a state law that bans social media platforms from using algorithms that could cause a user to kill themselves, buy drugs, become addicted to social media or develop an eating disorder, a federal district judge has ruled.
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December 18, 2025
DC Circ. Judges Push Back On Navarro's Immunity Claims
Trump White House adviser Peter Navarro found little sympathy for a bid to vacate his 2023 contempt of Congress conviction at the D.C. Circuit on Thursday, with a panel of judges repeatedly rebuffing the argument that he had an implied privilege claim.
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December 18, 2025
FERC Orders PJM To Craft Data Center-Focused Grid Policies
The Federal Energy Regulatory Commission on Thursday took a step to tackle the electricity impacts of data center and artificial intelligence growth, ordering the nation's largest grid operator to create policies for co-locating large electricity users at power plants within its footprint.
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December 18, 2025
Trump Order Rallies Cannabis Industry, Advocates Want More
The executive order signed by President Donald Trump on Thursday, marking the most substantial shift in federal cannabis policy in over half a century, is expected to have favorable ramifications for the marijuana industry even as it falls short of decriminalizing the drug or resolving the many tensions between federal and state law.
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December 18, 2025
School District Asks High Court To Stop Officials' Depositions
A Texas school district has asked the U.S. Supreme Court to let two district officials avoid sitting for depositions in a case alleging the district discriminated against Black students who wore their hair in locs, saying the officials are legislators and cannot be compelled to testify barring an extraordinary exception.
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December 18, 2025
Trump's Picks To Lead FDIC, CFTC Win Senate Approval
The U.S. Senate on Thursday signed off on two more of President Donald Trump's picks for top financial regulator jobs, confirming Travis Hill and Michael Selig as chairs of the Federal Deposit Insurance Corp. and Commodity Futures Trading Commission, respectively.
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December 18, 2025
NY Regulators Back Dispensary Against Local Zoning
The New York State Office of Cannabis Management is putting its weight behind a Long Island dispensary's bid seeking to invalidate a township's zoning ordinance requiring such businesses to secure special permissions before operating, saying the local regulations are preempted by state cannabis law.
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December 18, 2025
Pennsylvania Says DOJ Not Authorized To Get Voter Data
Pennsylvania shouldn't have to give the U.S. Department of Justice its voters' driver's license numbers and partial Social Security numbers because that data is not necessary for enforcing the federal laws the DOJ cited in its demand, according to a brief seeking dismissal of the DOJ's lawsuit.
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December 18, 2025
Top Trade Secrets Decisions Of 2025
The Ninth Circuit clarified the rules of engagement in trade secrets disputes with guidance on when confidential information must be precisely detailed during litigation, and jurors delivered a $200 million verdict against Walmart over product freshness technology. Here are Law360's picks for the biggest trade secrets decisions of 2025.
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December 18, 2025
9th Circ. Revives National Forest Road Injury Claim
A timber worker who suffered injuries when his excavator slid off a Washington road under the control of the U.S. Forest Service will get the opportunity to take his claims to trial, the Ninth Circuit ruled Wednesday, saying a jury needs to decide whether the worker's employer or the federal government was responsible for the road's upkeep.
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December 18, 2025
Fed. Circ. Axes Appeal Of $8M Bond Under Idaho 'Troll' Law
The Federal Circuit on Thursday dismissed an appeal by patent assertion entities challenging an $8 million bond imposed on them in an infringement case against Micron Technology, ruling that the order under an Idaho state law discouraging "bad faith" patent litigation is not an appealable final decision.
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December 18, 2025
FCC Reworks Reg Framework For Low Power TV
The Federal Communications Commission on Thursday created a new regulatory framework in hopes of advancing the low-power TV industry.
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December 18, 2025
UC Researchers Near Reinstating $7B In DOE Grants
A California federal judge said Thursday she's inclined to grant a preliminary injunction ordering the Trump administration to reinstate $7 billion in Department of Energy grants awarded to researchers, saying they were canceled with form letters similar to those she's previously found to violate the Administrative Procedure Act.
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December 18, 2025
Fla. High Court Says $5B Bond Deal Can't Be Set Aside
Florida's Supreme Court agreed Thursday that counties and tax collectors could not reopen a bond validation judgment issuing $5 billion in bonds for renewable energy and hurricane mitigation projects, ruling that state law makes clear that if bonds are validated and there is no appeal, the judgment is final.
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December 18, 2025
EU Approves Bakery Biz Deal With Plant Sales
European enforcers approved Belgian food group Vandemoortele's proposed acquisition of Délifrance SA from French grain cooperative Vivescia, conditioned on the sale of two production facilities for frozen dough products.
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December 18, 2025
Wash. Justices Say Open Gov't Law Covers Seattle Contractor
The Washington State Supreme Court has reinstated a citizen suit seeking information related to downtown Seattle's Metropolitan Improvement District, recognizing in a Thursday opinion that the district's private nonprofit management entity DBIA Services is analogous to a government agency and thus subject to the state's public records law.
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December 18, 2025
Ex-Connecticut Utility Regulator Fined Amid Records Brawl
Connecticut's Freedom of Information Commission voted unanimously to fine the former chair of the Public Utilities Regulatory Authority for the state agency's failure to comply with record requests from an Eversource subsidiary that has accused her of using her position illegally.
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December 18, 2025
IRS Guidance Discriminates Against Wind, Solar, Groups Say
Several groups, including the Natural Resources Defense Council and the city of San Francisco, asked a D.C. federal court Thursday to block the Internal Revenue Service from instituting new tax credit rules that they say illegally discriminate against wind and solar projects.
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December 18, 2025
Czech Republic, Estonia Shift To Backing Min. Tax Deal For US
The Czech Republic and Estonia have shifted to supporting the proposed U.S. exemption from the global minimum tax's international provisions at the global tax policymaking body hosted by the Organization for Economic Cooperation and Development, the countries' finance ministries told Law360.
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.