Analysis

Blue Wave May Usher In New Era Of State Climate Action

By Gautama Mehta

After the midterm blue wave, environmental advocates are looking to newly flipped statehouses to pass strong climate laws in the face of the federal government's retreat from greenhouse gas regulation.

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Analysis

Racing Against Whistleblowers Could Cost Companies

By Phillip Bantz

The U.S. Department of Justice's new cash rewards program for tips on criminal fraud threatens to ramp up the pressure on companies to hurry internal investigations and quickly report suspected misconduct to the government before whistleblowers do, which could backfire in some cases, according to experts.

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Analysis

Mass. Voters Widen Records Law, Teeing Up New Legal Fights

By Chris Villani

After voting to allow an audit of the Legislature in 2024, the Massachusetts electorate overwhelmingly passed a ballot initiative Tuesday expanding public records law to include the governor and Legislature, but experts told Law360 that another round of litigation looms.

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Analysis

Ga. Utility Board Likely To Tighten Rules For Data Centers

By Kelcey Caulder

The new Democratic majority at the Georgia Public Service Commission could mean tougher rules for big power users like data centers, experts told Law360, but legal limitations and the slow-moving nature of energy planning may blunt the near-term effect of the commission's shake-up.

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In Moderna Row, Fed. Circ. Mulls What's 'For The Government'

By Theresa Schliep

The Federal Circuit on Thursday took a critical look at a lower court's decision concluding that Moderna had to face Arbutus' infringement claims over its COVID-19 vaccines, with one judge repeatedly asking why Moderna's vaccine efforts weren't "for the government" within the meaning of a statutory shield for contractors.

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Controversial DOJ Civil Rights Division Leader Steps Down

By Alison Knezevich

Harmeet K. Dhillon, a U.S. Department of Justice official who instituted dramatic changes as leader of the Civil Rights Division, has stepped down from her role.

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DOJ Can't Tie State Grants To Immigration Enforcement

By Rae Ann Varona

A Rhode Island federal judge has granted a coalition of states' bid to permanently bar the Trump administration from conditioning federal public safety grants on the states' cooperation with the administration's immigration enforcement priorities, vacating the funding conditions as unlawful.

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Trump's Hush Money Conviction Examined By Wary NY Panel

By Frank G. Runyeon

A New York State appellate court Thursday quizzed attorneys for President Donald Trump and state prosecutors over his hush-money conviction, exploring defense counsel's claims that the district attorney trespassed into federal jurisdiction by charging election violations and trampled on presidential immunity in a case "infected with multiple fatal errors."

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Calif. Gov. Newsom Seeks To Empty Death Row At Term's End

By Brandon Lowrey

Outgoing California Gov. Gavin Newsom moved to commute the sentences of all 548 of the state's death row prisoners to life without parole, saying Thursday that the death penalty was morally unjustifiable.

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Brief

Wash. To Pay $73K In Fees Under Pretrial-Exam-Delay Deal

By Ganesh Setty

Washington state must pay plaintiffs' counsel roughly $73,000 in attorney fees and costs in a long-running case over its treatment of pretrial detainees in criminal proceedings, a Washington federal judge has ruled.

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Analysis

Blue Congress, Red Regulators: 5 FinReg Predictions

By Jon Hill & Sarah Jarvis

Lawmakers are set to return to Washington, D.C., next week for the final stretch of Republican control on Capitol Hill before Democrats take over, a reversal that is reshaping the outlook for financial services oversight in the remainder of President Donald Trump's term.

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CFTC Directs Prediction Markets To Stop Geo-Blocking Users

By Aislinn Keely

The U.S. Commodity Futures Trading Commission on Thursday directed prediction market platforms and other registrants to ensure nationwide access to their offerings, which could set up a challenging scenario for platforms under court orders to block some contracts in certain states as part of ongoing prediction market litigation.

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5th Circ. Pushes Texas To Explain ESG Energy Boycott Law

By Spencer Brewer

A Fifth Circuit panel pushed the state of Texas to explain how a law restricting state investments with businesses that want to cut their reliance on fossil fuels passes constitutional muster, saying Thursday there "seems to be an arbitrariness" in the law.

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Analysis

New Tech, Diluted Noncompetes Drive Up Trade Secret Cases

By Elliot Weld

Artificial intelligence tools are making it easier for employees to take off with valuable trade secrets when they switch employers, while noncompete agreements are becoming more difficult to enforce, a combination that is spurring an increase in trade secret cases, experts told Law360.

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Examiner Attrition Threatens USPTO Backlog Push, GAO Says

By Adam Lidgett

Patent examiner attrition caused by new production goals has put the U.S. Patent and Trademark Office's efforts at reducing the backlog of patent applications at risk, according to a new report issued Thursday by the Government Accountability Office.

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Meta, TikTok, Google Say Calif. Teen Feed Ban Is Censorship

By Emily Field

Meta, TikTok and Google have sued California to block a new law that bans social media platforms from allowing children under 16 certain features like personalized feeds, saying in separate complaints that the law violates the First Amendment and is barred by Section 230.

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DOD Book Ban Injunction Will Follow Transferring Students

By Elaine Briseño

A Virginia federal judge on Thursday expanded an order that halted the removal and ban of school library books and lessons so that it follows each plaintiff-student to any U.S. Department of Defense school they attend.

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Stripes Subscribers Press Court To Undo Pentagon Rules

By Aneeta Mathur-Ashton

Subscribers to the military news outlet Stars and Stripes asked a D.C. federal judge to strike down a series of policy and governance changes from the U.S. Department of Defense that curtail the publication's independence.

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Bike Group Backs Injunction Blocking DC Golf Course Plan

By Tom Lotshaw

A bicyclist advocacy group urged a D.C. federal judge to keep the Trump administration from cutting down more trees or taking other steps to develop a championship-style golf course at East Potomac Park while litigation over the allegedly unlawful project proceeds.

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Judge Pauses Ban On New ACA Insurance Brokers

By Jared Foretek

A Maryland federal judge on Thursday paused a U.S. Department of Health and Human Services rule barring new insurance agents and brokers from signing up to sell plans on the Affordable Care Act marketplace for 2027, holding that HHS likely had to solicit public comment before issuing the rule.

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Colo. City's Voters Approve $4K Tax On Vacant Homes

By Sanjay Talwani

Vacant residential properties in Boulder, Colorado, will be subject to an excise tax starting at $4,000 annually under a ballot measure the city said was approved by voters.

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Tax Court Denies Partnerships' $46.1M Charitable Deductions

By Zak Kostro

Two Georgia partnerships that formed to buy adjacent tracts of rural, mountainous land in Tennessee improperly claimed charitable contribution deductions of about $26.7 million and $19.4 million, the U.S. Tax Court ruled Thursday, saying the companies failed to obtain a qualified appraisal.

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Federal Workers Seek To Halt Gender-Affirming Benefits Ban

By Patrick Hoff

Two federal employees urged a D.C. federal court to block President Donald Trump's administration from eliminating coverage for gender-affirming care from their 2027 health benefits, arguing thousands of people will be harmed unless the court steps in before open enrollment ends.

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Pa. AG Held Immune In Row Over Ex-Agent's Separation Deal

By Matthew Santoni

A former narcotics agent for the Pennsylvania Office of the Attorney General can't sue his ex-employer for breaking his separation agreement because breached employment contracts don't fall under the exceptions to the office's sovereign immunity, a state appellate panel regretfully concluded Thursday.

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DOJ Says Willow Bridge's RealPage Deal Needs No Tweaks

By Bryan Koenig

The U.S. Department of Justice responded to commenters pushing for changes to the rent price-fixing settlement it reached with Willow Bridge Property Co. LLC, arguing there's no need to add a distinction in the deal between rent renewals and first-time leases.

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Live Nation Cites 2nd Circ. Eyewear Ruling In Fighting Verdict

By Dorothy Atkins

Live Nation has told a New York federal judge that the Second Circuit's recent EssilorLuxottica ruling "bears on the market-definition issues" raised in Live Nation's post-trial motions challenging its antitrust trial loss, while enforcing states argued that the Ninth Circuit's recent NFL Sunday Ticket ruling reversal backs their trial win.

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HHS Seeks To End Suit Over Aid Recipient Data Sharing

By Yeji Jesse Lee

The Department of Health and Human Services is asking a New York federal judge to either rule in its favor or otherwise throw out a suit focused on whether HHS is allowed to share personal information with the Department of Homeland Security and other agencies.

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Mich. Court Revives Drowning Claims Over Park Revenue

By Susan Smiley

A Michigan state appeals court panel on Wednesday revived two claims in a lawsuit against the City of Muskegon connected with the 2022 drowning death of a 19-year-old college athlete at a city park, finding that further proceedings are needed to determine if the city is shielded by government immunity.

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LDS Church Seeks To Exit Sex Abuse Survivors' Lawsuit

By Ben Adlin

The Church of Jesus Christ of Latter-day Saints has urged a Washington federal court to dismiss a lawsuit accusing the church of enabling sexual abuse by a man who previously pled guilty to raping his daughter, arguing that David Herget's crimes against the plaintiffs were unforeseeable and that the church had no duty to protect them.

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Full 5th Circ. Won't Hear Challenge To Machine Gun Ban

By Mike Curley

The Fifth Circuit has denied a petition for an en banc hearing of a challenge by a Texas shooting club to the federal ban on machine guns, with nine of the judges voting against the hearing and eight voting for.

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Canada, China OK 2-Year Preferential Trade Extension

By Dylan Moroses

Canadian exports of peas, canola, lobsters and crabs will continue to benefit from an extended preferential market access deal with China, Canada's international trade minister has announced.

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Brief

Chinese Rubber Chemical Facing 285% US Antidumping Duty

By Jack McLoone

Imports of a chemical from China primarily used in rubber production are facing a possible major antidumping duty after the U.S. Department of Commerce on Thursday preliminarily found the chemical is being sold at less than fair value.

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Brief

US Finalizes Duty Evasion Findings For Cambodian Hangers

By Jack McLoone

The U.S. Department of Commerce on Thursday finalized its findings that steel wire clothes hangers completed in Cambodia using components from China or Vietnam are circumventing duties on those products from the two countries.

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IRS Asks 10th Circ. To Uphold Taxes, Penalties On Ranchers

By Zak Kostro

The U.S. Tax Court properly ruled that an Oklahoma couple owe roughly $260,000 in taxes and penalties because their ranch wasn't operated for profit as they had asserted, the IRS told the Tenth Circuit, saying they lacked a profit motive to claim deductions for their expenses.

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IRS Wrongly Rejected $28.8M Easement Claim, Tax Court Told

By Zak Kostro

The IRS wrongly asserted a roughly $10.6 million income tax underpayment and $4.3 million in penalties against an Alabama partnership, the company told the U.S. Tax Court, disputing the agency's determination that it failed to show it's entitled to a $28.8 million charitable contribution claimed for a conservation easement donation.

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Hawaii Seeks Toss Of Trump Admin's Immigrant Tuition Suit

By Ganesh Setty

Hawaii is urging a Hawaii federal court to dismiss a Trump administration lawsuit targeting its provision of in-state college tuition and associated benefits to noncitizens that out-of-state citizens do not qualify for, arguing that the federal statutes the administration relies on are unconstitutional.

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Feds Say Union, Groups Can't Stop Wash. Ballot Demands

By MJ Koo

President Donald Trump's administration urged a Washington federal court not to block federal officials from asking the state to set aside ballots cast by suspected noncitizens, arguing that a union and two voter advocacy groups challenging the effort have not been harmed because the state has already declined the request.

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Immigration Attys Push To Restore Detainees To ICE Database

By Carolyn Muyskens

Legal aid groups on Wednesday urged a Massachusetts federal judge to order the Trump administration to restore access to information about the whereabouts of thousands of detained people whose records suddenly disappeared from an online database.

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DOJ Targets Penn State In Immigrant Tuition Suit Blitz

By P.J. D'Annunzio

The Department of Justice on Thursday filed a lawsuit against Penn State University alleging that the college unconstitutionally extends in-state tuition rates to undocumented individuals while denying the same benefit to American citizens.

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DOJ Says Bannon Trial Was Unfair In Push To Toss Conviction

By Craig Clough

Federal prosecutors Thursday renewed their bid to vacate Steve Bannon's contempt-of-Congress conviction and dismiss the indictment with prejudice, telling a Washington, D.C., federal judge they have significant doubts about the fairness of his trial because circuit precedent barred him from arguing he had not "willfully" defied a congressional subpoena.

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Brief

Chicago DOJ Doc Deadline Moves, Probe Testimony May Too

By Lauraann Wood

An Illinois federal judge who is looking to explore the extent to which Chicago prosecutors misrepresented their work surrounding a push to indict six "Operation Midway Blitz" protesters extended the government's document production deadline again Thursday, as a prosecutor expected to testify asked the judge to consider postponing that upcoming hearing.

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Top Groups Lobbying The FCC

By Christopher Cole

Lobbying activity at the Federal Communications Commission stayed about even in October versus the month before as groups looked to influence FCC policies on issues like prison cellphone jamming, the upcoming auction of C-band airwaves, satellite coverage for smartphones and more.

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Tower Asks For Waiver, Clarification Related To EchoStar Fund

By Aneeta Mathur-Ashton

A commercial tower landlord has asked the Federal Communications Commission for clarification or a waiver of agency rules governing a trust that EchoStar must use to repay companies related to its bankruptcy case.

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Brief

FCC To Consult With Tribes On NHPA Rules Covering Telecom

By Christopher Cole

The Federal Communications Commission will soon be talking with tribal government leaders about potential changes to the FCC's approach to rules under the National Historic Preservation Act.

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Mo. Judge Tosses Hemp Co. Challenge To New State Law

By Sam Reisman

A Missouri federal judge has tossed a lawsuit brought by hemp companies challenging the state's new law regarding intoxicating hemp products, finding that the policy is neither unconstitutional nor preempted by federal law governing hemp.

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Colo. Judge Denies Bid To Continue Hemp Venture Trial

By Jonathan Capriel

A Colorado federal judge denied a hemp entrepreneur's request to delay a trial in his suit accusing a family farm of stealing his share of hemp harvest, worth at least $9.9 million, saying he should have attached medical records if he was going to claim his health precluded him from attending.

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How Cos. Should Prepare For Democratic Oversight

Companies should begin preparing now for a new, Democratic-majority Congress — understanding how the oversight landscape has changed in recent years and monitoring leadership elections, new rules and potential select committees, say attorneys at Wiley.

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3 Factors That Can Make Or Break A Subchapter V Case

The Bankruptcy Threshold Adjustment Act may soon increase the debt limit for Subchapter V bankruptcy, making the process available to more business, but their success within it depends on the debtors' efficiency, credibility and accurate financial assessments, say Michael Martinez at Grier Wright and Mary Grasta at Stretto.

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Opinion

Justices Must Protect Enforcement In DOL Fine Power Case

In deciding whether the U.S. Department of Labor’s in-house court has the power to decide monetary penalties arising from H-2A violations, the U.S. Supreme Court must preserve a practical route to relief for workers and a constitutional forum for employers to contest liability, say Michelle Dromgold-Sermen, Jessica Vasquez-Luna and Julissa Barrera at George Mason University.

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How Analytical Advances Reshape Biologic Patent Strategy

As regulators shift away from relying on comparative clinical efficacy studies in biosimilar development, and more toward analytical data, practitioners should pay closer attention to post-translational modifications when evaluating patentability, says Gina Nellesen at Global Patent Group.

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Series

Open-Water Swimming Makes Me A Better Lawyer

Swimming long distances in open waters is not necessarily an escape from my intellectual property practice, but a complementary discipline that similarly rewards sustained attention, intellectual curiosity, resilience and the ability to pursue a distant objective without losing command of the immediate task, says Christina MacDougall at Morgan Lewis.

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Sullivan & Cromwell Brings On Weil Capital Markets Leader

By Isaac Monterose

Sullivan & Cromwell LLP has hired the co-leader of Weil Gotshal & Manges LLP's capital markets team for a capital markets partner role in its New York City office, the firm announced Thursday.

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Judge Albright's Do's And Don'ts For Patent Trials

By Dani Kass

Two months after former ​U.S. District Judge Alan Albright returned to private practice, he regaled a room of attorneys at the University of Texas School of Law on Thursday with lessons from his time on the bench.

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