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Public Policy
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December 02, 2025
Nev. Tribe Seeks En Banc Review In $208M Water Rights Suit
A Nevada tribe is asking the Federal Circuit for an en banc panel rehearing on a decision to dismiss $208 million breach of trust allegations against the Bureau of Indian Affairs, arguing that it misapplied Supreme Court and appellate court precedent concerning the federal government's trust obligations over water rights.
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December 02, 2025
Feds Push For Ruling To Uphold $100K H-1B Fee
The Trump administration hit back Monday at the U.S. Chamber of Commerce's lawsuit challenging the new $100,000 H-1B visa fee for skilled foreign workers, telling a D.C. federal judge that no avenue exists for the suit to proceed.
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December 02, 2025
Under New Chair, Fed. Vax Panel To Redo Hep B Vote
The new chair of an influential federal vaccine advisory panel is set to lead a vote this week on whether to roll back federal recommendations that newborns get vaccinated against hepatitis B.
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December 02, 2025
T-Mobile, AT&T Affiliates Beat Mo. City Telecom License Taxes
A Missouri city failed to notify affiliates of T-Mobile, AT&T and other telecom companies of revised assessments for delinquent business license taxes before filing collection suits, a state appeals court ruled Tuesday, affirming a lower court judgment dismissing the city's actions.
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December 02, 2025
NTIA Chief Says Broadband Program Reforms Save $21B
The federal government has shaved $21 billion off the cost of a broadband deployment program through recent reforms and will unveil policies soon on how those savings will be used, the head of the agency leading the effort said Tuesday.
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December 02, 2025
Mich. Faces Uphill Battle To Shake Benton Harbor Suits
Judges sitting on a Michigan appellate panel seemed open Tuesday to allowing lawsuits over lead contamination in the city of Benton Harbor's water system to proceed against the state government, given questions about the state's handling of the situation.
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December 02, 2025
Judge Doubts That FEMA Funds Freeze Is Harmless
A Massachusetts federal judge on Tuesday appeared to push back on assertions by the Trump administration that states are not entitled to a court order vacating what the government says is a temporary freeze of Federal Emergency Management Agency funds intended to pay for disaster-mitigating projects.
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December 02, 2025
Ex-FCC Official Condemns Rollback Of Biden Cyber Rule
A former senior career official at the Federal Communications Commission testified on Tuesday that it was a mistake for the agency to scrap a Biden-era ruling to require telecommunications companies to beef up their security in the aftermath of the Salt Typhoon cyberattack.
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December 02, 2025
CAS Overturns Ban On Russian Skiers For Olympic Qualifiers
The Court of Arbitration for Sport opened the door for Russian and Belarusian skiers and snowboarders to participate in qualification events for the 2026 Winter Olympics, finding Tuesday the decision to ban them was discriminatory and not politically neutral.
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December 02, 2025
Zimbabwe Budget Includes 15% Digital Services Tax
Zimbabwe is planning to add a 15% digital services tax carried out through a withholding mechanism and to remove the revenue threshold for its existing DST, according to a budget put forward for next year.
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December 02, 2025
States' HPE-Juniper Intervention Limited To Settlement
A California federal court's ruling allowing state enforcers to intervene over a deal to end the Justice Department's challenge of Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks is limited to the court's review of the settlement, according to a new order.
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December 02, 2025
Okla. Urges Justices To Turn Down Tribal Tax Case
The Oklahoma Supreme Court properly ruled that a member of the Muscogee (Creek) Nation owes Oklahoma income tax, the state's tax commission told the U.S. Supreme Court on Tuesday, urging the court to deny the member's petition for review.
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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.
Expert Analysis
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As Student Loan Outlook Dims, What Happens To The Banks?
While much of the news around the student loan crisis focuses on the direct impact on young Americans' decreasing credit scores, the fate of the banks themselves — and the effect on banking policy — has been largely left out of the narrative, says Madeline Thieschafer at Fredrikson & Byron.
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How Trade Fraud Task Force Launch Furthers Policy Goals
A new cross-agency trade fraud task force is the latest in a series of Trump administration efforts to leverage agency relationships in pursuit of its trade policy goals, and its creation signals a further uptick in customs enforcement, say attorneys at Morgan Lewis.
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Keys To Extended Producer Responsibility Compliance
As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.
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Digital Asset Report Opens Doors For Banks, But Risks Linger
A recent report from a White House working group discussing digital asset market structure signals how banks may elect to expand into digital asset custody, trading and related services in the years ahead, but the road remains layered with challenges, say attorneys at Foley & Lardner.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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5 Real Estate Takeaways From Trump's Sweeping Tax Law
Changes to the Internal Revenue Code included in the One Big Beautiful Bill Act will have a range of effects on real estate sponsors, investors and real estate investment trusts — from more compliance flexibility around taxable REIT subsidiary limits to new considerations raised by a key retaliatory tax provision that was left out, say attorneys at DLA Piper.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting
As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.
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How Securities Test Nuances Affect State-Level Enforcement
Awareness of how different states use their securities investigation and enforcement powers, particularly their use of the risk capital test over the federal Howey test, is critical to navigating the complicated patchwork of securities laws going forward, especially as states look to fill perceived federal enforcement gaps, say attorneys at WilmerHale.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Calif. Bill May Shake Up Healthcare Investment Landscape
If signed by the governor, newly passed California legislation would significantly expand the Office of Health Care Affordability's oversight of private equity and hedge fund investments in healthcare companies and management services organizations, and raise several questions about companies' data confidentiality and filing burdens, say attorneys at Ropes & Gray.
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How Prohibiting Trigger Leads May Affect Mortgage Marketing
Recent amendments to the Fair Credit Reporting Act prohibiting the sale of trigger leads mark a significant shift in the regulatory landscape for mortgage lenders, third-party lead generators and their legal counsel, who should reevaluate lead generation strategies and compliance protocols, say Joel Herberman, Rob Robilliard and Leah Dempsey at Brownstein Hyatt.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Pharma Copay Programs Raise Complex Economic Questions
The growing prevalence of copay accumulator and maximizer programs in the pharmaceutical industry is drawing increased scrutiny from patients, advocacy groups, lawmakers and courts, bringing complex questions about how financial responsibility for prescription drug purchases is determined and complicating damages assessments in litigation, say analysts at Analysis Group.