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Public Policy
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December 02, 2025
Grid Org. Justified Project Exemptions, FERC Tells DC Circ.
The Federal Energy Regulatory Commission said Tuesday that it reasonably trusted a regional grid operator's judgment that a Kansas electricity cooperative's transmission projects should be exempted from a process to determine how project costs are divided before they're approved.
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December 02, 2025
2 New Judges Confirmed To NC Federal Court
The U.S. Senate confirmed two federal judges for North Carolina on Tuesday.
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December 02, 2025
SEC's Atkins Pushes To Broaden Small Business Criteria
U.S. Securities and Exchange Commission Chairman Paul Atkins said on Tuesday that the agency should push to change the definition of small business so that more publicly traded companies can forgo what he considers to be burdensome regulatory requirements.
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December 02, 2025
Thai Cabinet Backs Carbon Tax, Border Tax, Emissions Trading
Thailand would institute a carbon tax, emissions trading system and carbon-border adjustment mechanism under the country's first comprehensive climate bill, approved Tuesday by the country's cabinet.
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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.
Expert Analysis
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Minimizing AI Bias Risks Amid New Calif. Workplace Rules
In light of California implementing new regulations to protect job applicants and employees from discrimination linked to artificial intelligence tools, employers should take proactive steps to ensure compliance, both to minimize the risk of discrimination and to avoid liability, says Alexa Foley at Gordon Rees.
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Series
NC Banking Brief: All The Notable Legal Updates In Q3
There were several impactful changes to the financial services landscape in North Carolina in the third quarter of the year, including statutory updates, enforcement developments from Office of the Commissioner of Banks, and notable mergers, acquisitions and branch expansions, say attorneys at Moore & Van Allen.
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Wash. Ruling Raises Pay Transparency Litigation Risk
Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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How Gov't Shutdown Will Affect Federal Health Agencies
Federal health agencies' contingency plans indicate that many major programs will remain insulated from disruption during the ongoing government shutdown, but significant policy proposals will likely be delayed and the Trump administration's emphasis on reduction-in-force plans distinguishes this shutdown from past lapses, says Miranda Franco at Holland & Knight.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
Of note in the third quarter of the year, New York state regulators moved forward on their agendas to limit abuse of electronic banking, including via a settlement with stablecoin issuer Paxos and a lawsuit against Zelle alleging insufficient security measures, says Chris Bonner at Barclay Damon.
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Gauging SEC Short-Sale Rules' Future After 5th Circ. Remand
Though the Fifth Circuit recently remanded to the U.S. Securities and Exchange Commission two Biden-era rules requiring disclosure of securities lending and short-sale activity in order to consider the rules' cumulative economic impact, it's possible they will get reproposed, meaning compliance timelines could change, says Scott Budlong at Barnes & Thornburg.
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How AI Can Find Environmental Risks Before Regulators Do
By using artificial intelligence to analyze public information that regulators collect but find incredibly challenging to connect across agencies and databases, legal teams can identify risks before widespread health impacts occur, rather than waiting for harm to surface — potentially transforming environmental litigation, says Paul Napoli at Napoli Shkolnik.
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High Court Firearm Case Tests Limits Of Double Jeopardy
The U.S. Supreme Court will hear arguments next week on the double jeopardy implications of overlapping federal gun statutes in Barrett v. U.S., and its ultimate decision could either erode a key shield in defense practitioners’ arsenals or provide strong constitutional grounds to challenge duplicative charges, says Sharon Appelbaum at Appelbaum Law.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
The third quarter of 2025 brought legislative changes to state money transmission certification requirements and securities law obligations, as well as high-profile accounting and anti-money laundering compliance enforcement actions by the Department of Financial Protection and Innovation, say attorneys at Ropes & Gray.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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Balancing The Risks And Rewards Of Private Equity In 401(k)s
The recent executive order directing government agencies to consider encouraging private equity and other alternative investments in 401(k) plans does not change the fundamental fiduciary calculus or reduce risk, as success with private investments will depend on careful analysis of both participant demand and fiduciary obligations, say attorneys at Jenner & Block.
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What's At Stake In High Court's Ill. Ballot Deadline Case
In Bost v. Illinois State Board of Elections, the U.S. Supreme Court will hear arguments next week on whether and when candidates for office have standing to bring prospective challenges to election laws, raising broader issues about the proper timing of federal court election litigation, say Richard Pildes and Samuel Ozer-Staton at NYU School of Law.