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Public Policy
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November 25, 2025
EPA Tells DC Circ. Biden-Era Soot Rule Is Fatally Flawed
The U.S. Environmental Protection Agency has told the D.C. Circuit that its 2024 rule tightening soot pollution standards, which the EPA has been defending in litigation, is legally and scientifically flawed and must be vacated.
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November 25, 2025
Feds Advance Plans To Dial Back Leverage Capital Rules
Federal regulators on Tuesday signed off on changes that will ease a key capital backstop for the biggest banks and unveiled a separate proposal to relax a simplified, optional capital standard for smaller banks.
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November 25, 2025
11th Circ. Backs City In Suit Over Unpaid Garbage Fee Jailings
The Eleventh Circuit upheld the dismissal Tuesday of a proposed class action brought by Alabama residents who alleged they were wrongfully prosecuted for unpaid garbage collection fees, saying their complaint didn't allege a racketeering conspiracy between a city and its contractor led to criminal charges.
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November 25, 2025
Feds Support Hawaii Open Carry Advocates In Supreme Court
Open carry proponents on Monday were backed up by the U.S. solicitor general and just over half of the nation's states in their U.S. Supreme Court case seeking to overturn Hawaii's law barring carrying a gun on private property without explicit permission from the property's owner.
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November 25, 2025
DOJ Fights Bid To Nix Agri Stats Antitrust Case Ahead Of Trial
The U.S. Department of Justice told a Minnesota federal court that Agri Stats has been helping chicken, pork and turkey producers exchange sensitive information for decades, as government enforcers opposed the company's bid to end their information-sharing case ahead of trial.
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November 25, 2025
Court Rejects Cherokee Entity's Push To End Bias Dispute
A Missouri federal court judge won't reconsider an order that denied a bid by a Cherokee Nation entity to dismiss a discrimination claim lodged last year by a former employee, saying it failed to show why a second chance is warranted.
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November 25, 2025
Maryland Judge Keeps Kids' Privacy Law Challenge
NetChoice's challenge to Maryland's "Kids Code" law regulating online privacy protections for children survived the state's motion to dismiss, after a Maryland federal judge Monday said the trade association had made sufficient claims that the law burdens protected speech.
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November 25, 2025
Black Voters Ask NC Court To Block Unconstitutional Voting Map
A collection of voting and civil rights groups have asked a North Carolina federal court to immediately stop the use of a recently redrawn congressional map, arguing it will impose an extreme racial gerrymander and dismantle Black political power.
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November 25, 2025
Texas Woman Says Business Group CEO Assaulted Her
The founder of a Texas business advocacy group is suing the state's largest business association and its CEO, saying he maneuvered his way to head her group and used his leverage to try to coerce her into a sexual relationship, then assaulted her.
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November 25, 2025
Commerce Reviewing Info Gathering For Auto Tariff Rebate
The U.S. Department of Commerce is seeking comments on requirements for automakers to submit documentation to qualify for a rebate of U.S. tariffs, it said Tuesday.
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November 25, 2025
Former Fox Exec Says Philly Station Complaint Still Valid
A former Fox media executive has called on the Federal Communications Commission to revive the Media and Democracy Project's complaint against Fox TV's Philadelphia station, saying it differs from recently debated "news distortion" complaints against major networks.
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November 25, 2025
2nd Circ. Won't Revive NYC Income Source Ban Challenge
A Second Circuit panel has sided with the City of New York and a housing nonprofit in tossing arguments from a landlord that a law to prevent discrimination against the use of housing vouchers is unconstitutional.
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November 25, 2025
HUD Housing Aid Limits Will Drive Homelessness, States Say
Washington and 19 other states launched a lawsuit Tuesday against the U.S. Department of Housing and Urban Development in Rhode Island federal court, seeking to stop abrupt policy changes they claim will result in tens of thousands of formerly homeless people being ousted from publicly subsidized housing and onto the streets.
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November 25, 2025
1st Circ. Revives Constitutional Challenges To RI Pot Scheme
The First Circuit on Tuesday said a federal judge erred in dismissing a pair of constitutional challenges to Rhode Island's cannabis licensure program, and ordered the lower court to promptly weigh the merits of the cases before regulators award retail marijuana licenses.
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November 25, 2025
Legal Challenge To EEOC Disparate Impact Pivot Tossed Out
A D.C. federal judge on Tuesday threw out a suit from a former Amazon delivery driver who accused the U.S. Equal Employment Opportunity Commission of unlawfully refusing to investigate charges premised on a disparate impact theory, finding the worker didn't have standing to bring the case.
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November 25, 2025
Unions Say More Info Is Needed In DOGE Data Access Dispute
A union coalition urged a New York federal judge Monday to order the federal government to disclose how much access to federal workers' personal information it gave the Department of Government Efficiency and what the White House unit formerly headed by Elon Musk did with that information.
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November 25, 2025
Democrats Seek Documents On Emil Bove's DOJ Tenure
Senate Democrats are turning to public records requests to learn more about the controversial tenure of U.S. Circuit Judge Emil Bove while he served at the U.S. Department of Justice, claiming that they're being "stonewalled" by the department.
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November 25, 2025
DOJ Official Sues Over Firing For Epstein Talk On Hinge 'Date'
A longtime official at the U.S. Department of Justice who was fired after he was secretly recorded discussing the Epstein files has sued the agency and U.S. Attorney General Pam Bondi in D.C. federal court.
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November 25, 2025
Judges Decline Invites To Senate Hearing On Impeachment
Two federal judges, both of whom Republicans are looking to impeach, declined to testify before the U.S. Senate Judiciary Committee's hearing next week on the impeachment of "rogue" judges, a source familiar with the situation told Law360 on Tuesday.
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November 25, 2025
US, Mexico And Canada Environmental Panel To Meet
The Office of the U.S. Trade Representative announced that the environmental committee organized under the U.S. Mexico Canada Agreement will meet in December, according to a notice published Tuesday.
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November 25, 2025
Judge Hands SEC Win In Pharma Co.'s CBD Investor Fraud Case
A California federal judge has granted the U.S. Securities and Exchange Commission an early win in its suit against Vivera Pharmaceuticals, its CEO and affiliate Sentar Pharmaceuticals, finding they misled investors about the company's rights to key cannabinoid drug-delivery technology and about how investor money would be spent.
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November 25, 2025
Fla. Law Student Expelled For Antisemitic Post To Be Reenrolled
A Florida federal judge has ordered the reinstatement of a law school student who was expelled after he was investigated over antisemitic posts on social media, saying the university didn't prove his speech "constituted a true threat."
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November 25, 2025
Tenn. Judge OKs $141M In RealPage Landlord Settlements
A Tennessee federal judge has preliminarily approved $141.8 million worth of class settlements for antitrust claims lodged against landlords that allegedly used RealPage Inc.'s revenue management software to fix rent prices for residential properties.
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November 25, 2025
FERC Stays Out Of Ill. Grid Project Policy Fight
The Federal Energy Regulatory Commission has refused to declare that incumbent utilities in Illinois have a right of first refusal to build new, regionally planned transmission projects in the state, saying it's a matter for state courts to decide.
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November 25, 2025
Mich. Schools Gain Chance To Opt Out Of Aid Privacy Waiver
Michigan schools have reached an agreement with the state for more time to make what the schools call an "impossible choice" to waive legal privileges to receive critical funding, while court challenges to the waiver play out.
Expert Analysis
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New NCAA Betting Policy Fits Trend Of Eased Restrictions
Allowing NCAA student-athletes to bet on professional sports fits into a decade-long trend of treating college athletes more like adults in a commercial system, but decreasing player restrictions translates to increased compliance burdens for schools, say attorneys at Robins Kaplan.
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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.