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Public Policy
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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.Â
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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.
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December 02, 2025
Utah Youth Bring Renewed Challenge To Fossil Fuel Permits
A group of 10 young Utah residents have urged a state court to declare that more than 300 of Utah's fossil fuel development permits violate their right under Utah's constitution to enjoy life.
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December 02, 2025
NTIA Signals Interest In Reducing Students' Screen Time
A branch of the U.S. Department of Commerce will lead a new federal effort to cut down on "excessive" use of devices by students, the agency's administrator said Tuesday.
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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.Â
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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.
Expert Analysis
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How Calif. Zoning Bill Is Addressing The Housing Crisis
The recently signed S.B. 79 represents a significant step in California's ongoing efforts to address the housing crisis by upzoning properties near qualifying transit stations in urban counties, but counsel advising on S.B. 79 will have to carefully parse eligibility and compliance with the bill and related statutes, says Jennifer Lynch at Manatt.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.
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How Courts Treat Nonservice Clauses For Financial Advisers
Financial advisers considering a job change should carefully consider recent cases that examine controlling state law for nonservice and nonacceptance provisions to prepare for potential legal challenges from former firms, says Andrew Shedlock at Kutak Rock.
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Series
The Biz Court Digest: Texas, One Year In
A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.
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UPEPA Case Tackles Fans' Interactions With Public Figures
A New Jersey Superior Court's granting of an order to show cause seeking dismissal against New York Jets cornerback Ahmad "Sauce" Gardner may carry broad implications for the state's Uniform Public Expression Protection Act, say attorneys at Gordon Rees.
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AG Watch: Illinois A Key Player In State-Level Enforcement
Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.
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Border Czar Bribery Probe Spotlights 'Public Official' Scope
Reports that border czar Tom Homan allegedly accepted cash from a federal agent prior to his appointment raise important questions for government contractors about when a private citizen can be prosecuted as a public official under federal bribery laws, say Gregory Rosen at Rogers Joseph and Jason Manning at Levy Firestone.
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Series
Law School's Missed Lessons: Educating Your Community
Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.
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Organ Transplant System Reforms Mark Regulatory Overhaul
Recent oversight, enforcement and operational developments in the U.S. organ procurement and transplantation system, alongside challenges like the federal shutdown, highlight heightened regulatory scrutiny and the need for compliance to maintain public trust, say attorneys at Hall Render.
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Adapting To USPTO's Reduction Of Examiner Interview Time
Reported changes to the U.S. Patent and Trademark Office's examiner performance appraisal plan will likely make interviews scarcer throughout the application process, potentially influencing patent allowance rates and increasing the importance of approaching each interview with a clear agenda and well-defined goals, say attorneys at Polsinelli.
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Federal Grantees May Soon Face More Limitations On Speech
If courts accept the administration’s new interpretation of preexisting case law, which attempts to graft onto grant recipients the existing limitations on government contractors' free speech, a more deferential standard may soon apply in determining whether an agency’s refusal or termination of a grant was in violation of the First Amendment, say attorneys at Venable.
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Strategies For Merchants As Payment Processing Costs Rise
As current economic pressures and rising card processing costs threaten to decrease margins for businesses, retail merchants should consider restructuring how payments are made and who processes them within the evolving legal framework, says Tom Witherspoon at Stinson.
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7 Areas To Watch As FTC Ends Push For A Noncompete Ban
​​​​​​As the government ends its push for a nationwide noncompete ban, ​employers who do not want to be caught without protections for legitimate business interests should explore supplementing their noncompetes by deploying elements of seven practical, enforceable tools, including nondisclosure agreements and garden leave strategies, say attorneys at Seyfarth.
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Shifting Crypto Landscape Complicates Tornado Cash Verdict
Amid shifts in the decentralized finance regulatory landscape, the mixed verdict in the prosecution of Tornado Cash’s founder may represent the high-water mark in a cryptocurrency enforcement strategy from which the U.S. Department of Justice has begun to retreat, say attorneys at Venable.
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Opinion
NYC Landlords Should Fight Unlawful Occupancy With 2 Laws
New York City property owners should proactively use the Multiple Dwelling Law and Administrative Code to maintain the integrity of the city's housing market, safeguard tenant safety and keep unlawful occupancy disputes out of the already overwhelmed New York City Housing Court, say attorneys at Rosenberg & Estis.