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Public Policy
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December 02, 2025
NY Child Care Property Tax Abatement Boost Sent To Hochul
New York state would increase a property tax abatement for eligible child care centers in New York City under a bill sent to Gov. Kathy Hochul.
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December 02, 2025
Approach The Bench: Judge Robart On Living Under Threats
It's been nearly nine years since U.S. District Judge James Robart blocked President Donald Trump's 2017 executive order barring travel from seven Muslim-majority countries, and though the judge has had a long career — including groundbreaking patent and securities decisions — he still occasionally gets recognized as that "so-called judge."
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December 01, 2025
Fed Sees Shrinking Number Of Open Exam Findings At Banks
The Federal Reserve on Monday reported broad declines in open supervisory issues at financial institutions under its oversight during the first half of the year, a shift that comes as the Trump administration is pursuing efforts to rein in examiner criticism of banks.
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December 01, 2025
DC Circ. Wonders If SEC Arbitration Decision Was Too Brief
At least one judge on the D.C. Circuit wondered Monday whether the SEC presented too "bare bones" of an opinion when rejecting a petition to amend three long-running arbitration rules adopted by the Financial Industry Regulatory Authority.
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December 01, 2025
Hospitals Slam HHS' Move From Drug Discounts To Rebates
The American Hospital Association is leading litigation challenging the Trump administration's abrupt changes to a decades-old program governing the distribution of discounted prescriptions to low-income patients, telling a Maine federal court Monday that the government is unlawfully ignoring the costly impacts a rebate system will have on hospitals.
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December 01, 2025
Terraform Founder Seeks Five Years At Most For Crypto Fraud
Terraform founder Do Kwon has asked a Manhattan federal judge to impose no more than five years of imprisonment after he admitted to misleading users about the stability of the crypto project, noting he still has to face "certain future detention in Korea" over the stunning collapse that wiped out $40 billion in value.
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December 01, 2025
State AGs Demand Info From 'Buy Now, Pay Later' Lenders
A multistate coalition of seven attorneys general has launched a probe into the terms and fees set by "buy now, pay later" lenders that are popular with shoppers, saying they're concerned that the companies' products could be breaking consumer protection laws.
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December 01, 2025
White House Crypto Czar Hired Clare Locke Amid NYT Probe
The tech founder-turned-White House crypto and artificial intelligence czar David Sacks has hired defamation specialists at Clare Locke LLP to combat a New York Times investigation into potential conflicts of interest arising from his personal tech investments and role as a White House policy adviser.
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December 01, 2025
2nd Circ. Backs Anti-Abortion Groups' Free Speech Rights
New York Attorney General Letitia James can't sue faith-based groups promoting a so-called treatment to reverse medication-induced abortions, finding the groups are likely to succeed on the merits of their First Amendment challenge, the Second Circuit said Monday.
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December 01, 2025
Justices Probe Limits Of Deference In Asylum Cases
The U.S. Supreme Court on Monday grappled with when courts can review the Board of Immigration Appeals' persecution findings, showing little appetite for allowing courts to routinely second-guess agency expertise while expressing concern that the government was advocating for too much deference.
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December 01, 2025
Mich. County's Tax Sale Violates Constitution, Justices Told
A Michigan county violated the takings clause of the U.S. Constitution when it took title to a home over a tax debt, then sold the home at a low price and refunded only that amount to the homeowner, the homeowner's estate told the U.S. Supreme Court on Monday.
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December 01, 2025
11th Circ. Will Rehear Challenge To Fla.'s Anti-Drag Law
The full Eleventh Circuit will rehear the state of Florida's challenge to an injunction against enforcing a statute targeting drag shows that bars minors from "adult live performances," the court said Monday.
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December 01, 2025
NY Cannabis Regulators Says Town's Zoning Code Preempted
New York State Office of Cannabis Management told a New York federal court that a local town's zoning law at the heart of a dispute between the town and a licensed cannabis dispensary "is preempted and invalid" due to a prior state board decision.
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December 01, 2025
Boasberg Orders Declarations From Feds In Contempt Probe
A D.C. federal judge considering whether the Trump administration willfully defied a court order temporarily blocking it from removing Venezuelans under a seldom-invoked, centuries-old wartime statute has given the government until Friday to submit declarations from officials involved.
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December 01, 2025
Justices Ask For Government's Input On AI Copyright Case
The U.S. Supreme Court has asked for the government's response to an appeal from a computer scientist challenging a refusal to copyright an artwork made by an artificial intelligence system he created.
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December 01, 2025
CFTC's Pham Expands 'Due Process' For Enforcement Targets
The U.S. Commodity Futures Trading Commission announced changes to its investigation process Monday that the acting chair said are meant to protect the due process rights of those who are accused of wrongdoing by agency attorneys.
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December 01, 2025
Chinese Equipment-Testing Co. Slams FCC's 'Bad Lab' Label
An equipment-testing company controlled by the Chinese government chided the Federal Communications Commission for dubbing it a "bad lab" as the FCC looks to block the company's ability to test telecommunications devices flowing into the U.S. market.
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December 01, 2025
9th Circ. Rejects Asylum Bid From Sikh Party Supporter
An Indian man who says he was assaulted in his home country for participating in a Sikh political party cannot seek asylum in the U.S., the Ninth Circuit ruled Monday, saying he hasn't established persecution, while one judge called for a U.S. Supreme Court "course correction" ironing out the appropriate review standard.
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December 01, 2025
Pa. City's Receiver Asks Court To Restructure Water Board
The state-appointed receiver for the city of Chester, Pennsylvania, asked the Commonwealth Court on Monday to dissolve and reconstruct the board of directors for its local water authority, arguing a law that lets other counties appoint members had been unconstitutionally written for the authority alone.
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December 01, 2025
11th Circ. Orders Do-Over On Ga. Voting Line Gift Ban
The Eleventh Circuit said Monday that a Georgia federal judge wrongly blocked the state from enforcing a ban on handing out food and water to voters in line, ordering a lower court to update its analysis of voting rights advocates' First Amendment claims.
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December 01, 2025
UK To Raise Pharma Spending For US Tariff Protection
The United States and United Kingdom announced a deal Monday that includes a commitment to exclude U.K. pharmaceutical imports from any future U.S. tariff actions while the U.K. will pay higher costs for certain drugs.
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December 01, 2025
AGs Push For Law To Boost Tribal Access To US Marshals
Thirty-nine state attorneys general are calling on federal lawmakers to pass legislation that would allow the U.S. Marshal's Service to assist tribal law enforcement in tracking down individuals with felony warrants, saying it's vital to public safety and to address the Missing and Murdered Indigenous People crisis.
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December 01, 2025
Browns Near $100M Deal With Cleveland Over Stadium Move
Due to a pending $100 million settlement, an Ohio federal judge decided Monday to extend a stay for a suit lodged by the Cleveland Browns against the city over the NFL team's planned stadium move.
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December 01, 2025
Chancery Sets Standard In Scottish Re Case
The Delaware Chancery Court has signed off on the framework that will govern how scores of insurers press claims in the liquidation of Scottish Re (U.S.) Inc., issuing an opinion to spell out when courts must defer to the state insurance commissioner and when they must step in.
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December 01, 2025
Trump Tariff Refund Rights Should Be Preserved, Costco Says
The federal government should have to refund President Donald Trump's emergency tariffs paid by Costco Wholesale Corp., the company told the U.S. Court of International Trade.
Expert Analysis
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A Look At Project Crypto's Plans For Digital Asset Regulation
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent announcement of Project Crypto, an agencywide initiative to modernize federal securities regulations, signals a significant shift toward a more flexible regulatory framework that would shape the future of the U.S. digital asset market, say attorneys at WilmerHale.
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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.