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Public Policy
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December 03, 2025
Enviro Advocates' Challenge To Forest Service Rule Tossed
A Virginia federal judge on Wednesday tossed conservation groups' challenge to a U.S. Forest Service rule that allows some projects to avoid more extensive environmental review, saying the organizations failed to prove an "imminent" injury.
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December 03, 2025
Ga. Must Continue Care For Trans Prisoners, Judge Orders
A Georgia federal judge ordered the state's corrections system Wednesday to continue providing hormone therapy to transgender prisoners, entering a permanent injunction that partially blocks a 2025 law stripping prisons of funding for gender-affirming healthcare.
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December 03, 2025
State AGs Condemn College Sports Rule Enforcement Deal
Seven state attorneys general on Wednesday called a proposed contract between NCAA institutions and the commission enforcing new revenue-sharing rules for athletes "cartoonishly villainous," arguing in a letter that it undermines state laws and jeopardizes the rights of athletes and schools.
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December 03, 2025
3rd Circ. Suggests COVID Loan Law Vexed By 'Vagueness'
The Third Circuit on Wednesday flagged ambiguities in the federal law governing pandemic relief for businesses in the case of an IT services company seeking forgiveness of a $7.2 million loan for payroll costs, with one judge suggesting the "vagueness and confusion" resulted from hasty policymaking during the COVID-19 emergency.
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December 03, 2025
Wisconsin Village Loses Bid to Block Oneida Land Trust
A federal court judge affirmed an Interior Department decision to place 500 acres of properties into a trust for the Oneida Nation, rejecting claims by a Wisconsin village that the transfers were based on a biased administrative process that wiped out its municipal authority.
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December 03, 2025
FTC Clears Boeing's $4.7B Spirit Aero Deal With Fixes
The Federal Trade Commission said Wednesday that enforcers will allow Boeing to move ahead with its planned $4.7 billion purchase of aircraft parts-maker Spirit AeroSystems after the companies agreed to sell several assets.
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December 03, 2025
House Panel OKs Shot Clocks On Broadband Project Reviews
House Republicans pushed a contentious bill through committee Wednesday to require state and local governments to act within certain timeframes on applications for new broadband projects, or the permits would be deemed granted regardless.
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December 03, 2025
Trump Would Prefer Jack Smith Testify In Public
Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee, subpoenaed former counsel Jack Smith on Tuesday for a closed-door deposition, to which President Donald Trump said he would rather see a public testimony.
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December 03, 2025
Boston Celeb Chef Facing Default In City's $1.7M Tax Case
Celebrity chef Barbara Lynch failed to line up new counsel or respond to an amended complaint the city of Boston brought against her in state court over an unpaid $1.7 million tax bill for her now-shuttered restaurants, the city has argued, asking that she be found in default.
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December 03, 2025
GOP Expects G7 Side-By-Side Tax Deal Details This Week
The House Ways and Means Committee's top Republican expects negotiations to wrap up this week on the technical details of the agreement with the Group of Seven countries to exempt U.S. multinational corporations from the minimum-tax system, he said Wednesday.
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December 03, 2025
FCC Jettisons More Than 2,000 'Dormant' Dockets
The Federal Communications Commission Wednesday closed out more than 2,000 pending dockets involving regulatory issues that FCC officials say have long since gone by the wayside.
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December 03, 2025
Troutman Atty Is 3rd NC Federal Judge Confirmed This Week
The Senate voted 57-41 on Wednesday to confirm Matthew Orso, a partner at Troutman Pepper Locke LLP, to the Western District of North Carolina as a federal district judge.
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December 03, 2025
DC Judge Orders ICE To Disclose Metadata In FOIA Fight
U.S. Immigration and Customs Enforcement must disclose certain metadata from two databases relating to detention and removal operations, a D.C. federal court ruled, finding ICE improperly withheld information following a court-ordered analysis to sift out publicly releasable information.
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December 03, 2025
Judge Limits Warrantless Immigration Arrests In DC
A D.C. federal judge has barred the Trump administration from making warrantless civil immigration arrests in the nation's capital unless federal agents can first establish required probable cause that a person poses a flight risk.
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December 03, 2025
Virginia Bar Declines To Investigate Interim US Atty Halligan
The Virginia State Bar has declined to investigate whether Lindsey Halligan should face discipline over her scandal-plagued tenure as the interim U.S. attorney for the Eastern District of Virginia, just days after a federal judge ruled she was not properly appointed to that post.
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December 03, 2025
OCC Taps Ex-DC Civil Division Head As Deputy Chief Counsel
The Office of the Comptroller of the Currency said Wednesday that it has hired a longtime litigator with the U.S. Attorney's Office for the District of Columbia to be a senior official in the banking agency's legal department.
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December 03, 2025
Split Conn. High Court Backs Town In Police Pension Row
The Connecticut Supreme Court ruled Wednesday that the town of Groton isn't required to make health savings account contributions in order to offset deductibles owed by retired police officers, reasoning that HSA contributions don't qualify as insurance coverage or deductibles under the parties' pension agreement.
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December 03, 2025
NLRB Nears Quorum As Senate Committee Approves Pick
The National Labor Relations Board neared a return to full function Wednesday as the U.S. Senate labor committee approved a corporate labor counsel nominated to fill one of four board vacancies, teeing him up for confirmation by the full Senate.
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December 03, 2025
Judge Rejects X's Early Attempt To Block Minn. Deepfake Law
A Minnesota federal judge has denied X Corp.'s request for a favorable ruling in its challenge to a Minnesota state law curtailing the dissemination of "deepfakes" aimed at influencing elections, saying X had not shown that it could be harmed by the law in a manner that would give it standing to block it.
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December 03, 2025
FTC Backs Nixing ABA Role As 'Gatekeeper' For Texas Bar
The Federal Trade Commission has endorsed a proposal from the Texas Supreme Court to abandon a rule requiring graduation from a law school approved by the American Bar Association for admittance to the state bar, saying the organization's "accreditation monopoly" hurts competition and consumers.
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December 03, 2025
Chevron Can Back Feds In Gulf Lease Dispute, Judge Says
A federal judge in Washington has allowed Chevron to join litigation that is seeking to block the first in a series of offshore oil and gas lease sales mandated by the budget reconciliation bill enacted in July, a transaction in which the oil giant intends to participate.
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December 03, 2025
Mass. Court Says Plea Deal Inattention May Be Ineffectiveness
Massachusetts' highest court on Wednesday concluded that a lawyer's failure to seek a plea bargain if asked to do so by a defendant may amount to ineffective assistance of counsel requiring a new trial under certain circumstances.
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December 03, 2025
NJ Seeks $195M Fee Award In $2.5B DuPont PFAS Case
New Jersey asked a Garden State federal judge this week to approve $195 million in attorney fees to its special counsel team of four firms whose six years of litigation work resulted in two landmark settlements that serve to clean up some of the state's most contaminated sites.
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December 03, 2025
Judge Frees 10th Grader Arrested By 'Swarm' Of ICE Agents
A Manhattan federal judge on Wednesday ordered the release of a 10th-grade student from Venezuela who was arrested last month at an immigration check-in, finding that his due process rights were violated by U.S. Immigration and Customs Enforcement.
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December 03, 2025
9th Circ. Asked To Reconsider Idaho Land Swap Decision
The U.S. Department of the Interior and J.R. Simplot Co. are asking the Ninth Circuit to reconsider a decision to invalidate an Idaho land transfer for the expansion of a phosphogypsum plant, arguing that the panel's conclusion flouts Supreme Court precedent and defies federal land management policy's text and central aim.
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.