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Public Policy
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December 02, 2025
9th Circ. Judges Doubt EPA's Pesticide Ban Review Timeline
Ninth Circuit judges suggested during a hearing Tuesday that a petition by green groups to force the U.S. Environmental Protection Agency to take action on banning organophosphate pesticides may be premature, but each panel judge also expressed concerns the EPA lacks a clear timeline on banning pesticides found harmful.
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December 02, 2025
Instacart Challenges NYC's New Grocery Delivery Regulations
Instacart on Tuesday asked a federal court to block New York City's new regulations for app-based delivery workers, claiming that the new minimum wage, consumer tipping options and disclosure requirements run afoul of limits to the city's authority and threaten Instacart's operations.
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December 02, 2025
Judge Blocks Planned Parenthood Funding Cut In 22 States
A Massachusetts federal judge Tuesday stopped the Trump administration from halting Medicaid reimbursements to Planned Parenthood clinics in 22 states, ruling the funding cutoff likely violated requirements to warn the states ahead of time about the change.
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December 02, 2025
'Eating Ourselves To Death': SF Sues Processed Food Giants
The Kraft Heinz Co., General Mills, Nestle USA and other food industry giants aggressively market their ultra-processed products as staples of the American diet, despite knowing about the items' slew of dangerous health consequences, San Francisco's city attorney alleged Tuesday in a California state court lawsuit.
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December 02, 2025
Banking Regulators Pledge Basel Reset Amid Capital Rethink
Federal banking regulators told House lawmakers Tuesday that they are committed to advancing a fully rebuilt Basel III endgame rule that won't disrupt bank lending or gold-plate its requirements, although they stopped short of promising a capital-neutral result.
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December 02, 2025
FCC Says Telecom Must Block Walmart Impersonation Scam
The telecom that has been transmitting scam calls from bad actors claiming to be Walmart employees will be cut off from U.S. networks if it doesn't cut it out, the Federal Communications Commission has announced.
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December 02, 2025
Democratic Sens. Press 21 Credit Unions On Overdraft Fees
A trio of Democratic U.S. senators are pressing various credit unions for data and information on their policies concerning fees charged to customers who overdraft or have insufficient funds, in light of the National Credit Union Administration's decision to stop publishing overdraft data, among other things.
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December 02, 2025
DOJ Tells Justices Duke Must Face 'Holistic' Antitrust Case
The Trump administration weighed in Monday on Duke Energy's bid to duck a rival's claims accusing the power giant of squeezing it out of the North Carolina market, telling the U.S. Supreme Court that the Fourth Circuit rightly revived the allegations by refusing to view them only "in isolation."
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December 02, 2025
4th Circ. Affirms Conviction Despite Search Warrant Omissions
The Fourth Circuit on Tuesday affirmed a North Carolina man's convictions for child sexual abuse images, rejecting his claim that a detective omitted key information in a search warrant request that led to the discovery of the abuse materials.
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December 02, 2025
Colo. Says Suit Over Semiauto Gun Law Is 'Premature'
Colorado officials asked a federal judge Monday to throw out a lawsuit brought against them by the state's official branch of the National Rifle Association over a new law the gun rights group says restricts ownership of certain semiautomatic firearms in violation of the Second Amendment.
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December 02, 2025
Court Urged To Revive Asylum Claims At Southern Border
An advocacy group supporting asylum-seekers urged a California federal court to rule in favor of two nonprofits challenging President Donald Trump's proclamation blocking noncitizens' entry at the southern border, saying that legislative history is clear that asylum claims must be heard.
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December 02, 2025
14 Ex-Lawmakers Tell USPTO Proposed Rules Violate The Law
A group of 14 former members of Congress, including America Invents Act sponsor Patrick Leahy, has told the U.S. Patent and Trademark Office that the agency's proposal to restrict many patent challenges "violates foundational American legal principles and the AIA."
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December 02, 2025
9th Circ. Pauses Cannabis Dormant Commerce Clause Case
The Ninth Circuit Court of Appeals on Tuesday stayed proceedings in a constitutional challenge to Los Angeles' cannabis social equity program while the appellate court considers two other similar cases from the same litigant.
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December 02, 2025
U Of Colo. To Pay $10M In Religious Bias Suit Over Vax Policy
The University of Colorado's medical school will pay $10.3 million to a group of employees and students who claimed in federal court that their religious exemption requests to the university's COVID-19 vaccine mandate were unlawfully denied, according to the group's attorneys.
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December 02, 2025
Texas Rep. Introduces Bill To Sanction Cyber Actors
Rep. August Pfluger, R-Texas, introduced a bill that would create a federal process for identifying and sanctioning state-sponsored cyber actors that target U.S. networks, critical infrastructure and elections.
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December 02, 2025
7th Circ. Judge Wary Of Releasing Hundreds Of ICE Detainees
A Seventh Circuit judge said Tuesday a district judge who released on bond hundreds of civil immigration detainees arrested by the Trump administration acted "as if these are two private parties negotiating over the terms of a contract" and suggested that allowing his orders to stand could allow one presidential administration to use consent decrees to entrench their policy positions on the next.
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December 02, 2025
5th Circ. Hints Texas Vote Harvesting Law Is Constitutional
A Fifth Circuit panel seemed skeptical of voting rights advocates who claim that a Texas law banning so-called vote harvesting violates the First Amendment, with one judge saying Tuesday that without the law, paid actors could "worm" their way into people's homes and secure votes.
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December 02, 2025
FDIC Secures Dismissal Of SVB Cayman Deposit Suit
A California federal judge has permanently tossed a suit against the Federal Deposit Insurance Corp. brought by liquidators of the Cayman Islands branch of collapsed Silicon Valley Bank, finding they lack standing to sue the agency and are barred from relitigating issues already decided in bankruptcy court.
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December 02, 2025
Miami Dade College Votes To Transfer Land For Trump Library
The Miami Dade College board of trustees voted again Tuesday to transfer a parcel of land in downtown Miami to the state of Florida to build the Donald J. Trump Presidential Library, after saying the library would be a boon to both the school and community.
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December 02, 2025
DuPont Can't Shake $1B PFAS Pollution Suit In NJ Appeal
A New Jersey appeals court on Tuesday shut down a bid by E.I. du Pont de Nemours and Chemours to toss a suit brought by a small Garden State town seeking $1 billion for the cleanup of forever chemical contamination at a former manufacturing plant, ruling that the town has standing to bring the suit.
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December 02, 2025
Monthly Merger Review Snapshot
The FTC urged a D.C. court to block a deal involving a new heart valve treatment, and courts rejected the commission's monopolization case over Meta's past acquisitions and the agency's challenge of a medical device coatings deal. Here, Law360 looks at the major merger review developments from November.
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December 02, 2025
Chaplain Says Fla. Prison Officials Fired Him Over Beliefs
A former prison chaplain who was terminated by the Florida Department of Corrections for refusing to train a female minister brought a federal suit alleging religious discrimination, saying he was fired for upholding his Christian belief that a woman should not be allowed to preach to male inmates.
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December 02, 2025
Wash. AI Task Force Proposes Guardrails And Disclosures
A Washington state task force Monday unveiled a set of proposed guardrails and disclosure requirements for the responsible use of artificial intelligence, including mandating that developers publicly share details about data used to train their models and requiring law enforcement to disclose the use of AI tools.
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December 02, 2025
Defamation Litigation Roundup: FDA, Lively, Alexander Bros.
In this month's review of defamation fights, Law360 highlights a pharmaceutical company's suit against a former U.S. Food and Drug Administration official, as well as the latest decision siding against President Donald Trump in his fights with media companies.
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December 02, 2025
Pa. Justices To Review Vote Restricting Solitary Confinement
Pennsylvania's Supreme Court will consider whether a 2021 voter referendum restricting the use of solitary confinement and pepper spray at the Allegheny County Jail infringed on the jail employee union's collective bargaining rights, the court announced Tuesday.
Expert Analysis
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6 Shifts In Trump Tax Law May Lend A Hand To M&A Strategy
Changes in the Trump administration's recent One Big Beautiful Bill Act stand to create a more favorable environment for mergers and acquisitions, including full bonus depreciation and an expanded code section, say attorneys at K&L Gates.
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Trends In Post-Grant Practice Since USPTO Denial Guidance
Six months after the U.S. Patent and Trademark Office updated its guidance on discretionary denial of inter partes review and post-grant review, noteworthy trends in denial statistics have emerged, warranting a reassessment of strategies for parallel proceedings, says Andrew Ramos at Bayes.
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Examining The Quietest EEOC Enforcement Year In A Decade
The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.
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Transource Ruling Affirms FERC's Grid Planning Authority
The Third Circuit's recent decision in Transource Pennsylvania v. DeFrank, reversing a state agency's denial of an electric transmission facility permit, provides a check on states' ability to veto needed power projects, and is a resounding endorsement of the Federal Energy Regulatory Commission's regional transmission planning authority, say attorneys at Wilson Sonsini.
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Assessing The Future Of The HIPAA Reproductive Health Rule
In light of a Texas federal court's recent decision to strike down a U.S. Department of Health and Human Services rule aimed to protect the privacy of patients seeking abortions and gender-affirming care, entities are at least temporarily relieved from compliance obligations, but tensions are likely to continue for the foreseeable future, says Liz Heddleston at Woods Rogers.
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State Paid Leave Laws Are Changing Employer Obligations
A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.
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How Crypto Embrace Will Affect Banks And Credit Unions
The second Trump administration has moved aggressively to promote crypto-friendly reforms and initiatives, and as the embrace of stablecoins and distributed ledger technology grows, community banks and credit unions should think strategically as to how they might use these innovations to best serve their customers, says Jay Spruill at Woods Rogers.
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In NY, Long COVID (Tolling) Still Applies
A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.
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Navigating The SEC's Evolving Foreign Private Issuer Regime
As the U.S. Securities and Exchange Commission reevaluates foreign private issuer eligibility, FPIs face not only incremental compliance costs but also a potential reshaping of listing strategies, capital access, enforcement exposure and global regulatory coordination, potential unintended effects that deserve further exploration, say attorneys at Simpson Thacher.
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New Conn. Real Estate Laws Will Reshape Housing Landscape
With new legislation tackling Connecticut's real estate landscape, introducing critical new requirements and legal ambiguities that demand careful interpretation, legal counsel will have to navigate a significantly altered and more complex regulatory environment, say attorneys at Harris Beach.
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USPTO Under Squires: A Look At The First Month
New U.S. Patent and Trademark Office Director John Squires' opening acts — substantive and symbolic — signal a posture that is more welcoming to technological improvements and focused on rebalancing the office's gatekeeping role, say attorneys at Seyfarth.
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Iran Sanctions Snapback Raises Global Compliance Risks
The reimplementation of U.N. sanctions targeting Iran’s nuclear program, under a Security Council resolution's snapback mechanism, and related actions in Europe and the U.K., may change U.S. due diligence expectations and enforcement policies, particularly as they apply to non-U.S. businesses that do business with Iran, says John Sandage at Berliner Corcoran.
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Hermes Bags Antitrust Win That Clarifies Luxury Tying Claims
A California federal court recently found that absent actual harm to competition in the market for ancillary products, Hermes may make access to the Birkin bag contingent on other purchases, establishing that selective sales tactics and scarcity do not automatically violate U.S. antitrust law, say attorneys at Holland & Knight.
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Glimmers Of Clarity Appear Amid Open Banking Disarray
The Consumer Financial Protection Bureau's vacillation over data rights rules has created uncertainty, but a recent proposal is a strong signal that open banking regulations are here to stay, making now the ideal time for entities to take action to decrease compliance risk, says Adam Maarec at McGlinchey Stafford.
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Opinion
High Court, Not A Single Justice, Should Decide On Recusal
As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.