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December 12, 2025
Real Estate Recap: Empowering NYC Nonprofit Buyers
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney reactions to a New York City a bill that would give nonprofits the opportunity to buy certain residential buildings.
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December 12, 2025
NC Justices Won't Revive Developer's Fraud Suit
North Carolina's highest court sided with two real estate companies against a suit filed by their former partner on a multifamily redevelopment project, ruling on Friday that the businesses were contractually allowed to boot the plaintiff from the project's company.
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December 12, 2025
NC Supreme Court Clarifies Tax On Prepaid Wireless
A North Carolina cellphone retailer for Boost Mobile products is responsible for tax on prepaid wireless calling services, the state's highest court ruled Friday, though finding that when those services changed to take the form of cards with stored value, tax liability shifted to Boost.
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December 12, 2025
Duke Energy Pushes Back On DOJ's View Of 'Monopoly Broth'
Duke Energy told the U.S. Supreme Court the government is backing a rival's antitrust claims accusing the power giant of squeezing it out of the North Carolina market simply to help enforcers' own cases accusing Big Tech companies of using a "monopoly broth" to thwart competition.
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December 12, 2025
20 States Sue Trump Admin Over $100K H-1B Visa Fee
A coalition of 20 states, led by the California attorney general, sued the Trump administration Friday to challenge a new $100,000 fee for H-1B visa applications, saying the fee goes against Congress' intent for the work visa program.
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December 12, 2025
NC Justices Won't Let Tech Parent Co. Exit Fraud Case
North Carolina's highest court refused Friday to free the parent company of a security technology business and one of its executives from a lawsuit alleging they conspired to devalue the majority member's stake and funnel assets out of reach.
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December 12, 2025
4th Circ. Won't Revive Black Worker's Promotion Bias Suit
The Fourth Circuit backed a community college's win Friday in a Black former employee's suit claiming her race and gender caused her to lose out on a promotion, ruling she failed to rebut the college's explanation that the white, male candidate who got the role was more qualified.
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December 12, 2025
Shipbuilders, Naval Engineer Spar Over Witness Statements
Shipbuilders and design consultants accused of illegally conspiring to suppress industry wages are clashing with a former naval engineer over what various witnesses told her in support of her proposed class action against the companies.
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December 12, 2025
Fed. Circ. Says PTAB Was Right To Ax Tracking Patent Claims
The Federal Circuit on Friday refused to revive claims in a group of patents for tracking items during surgeries and other uses, rejecting challenges to how the Patent Trial and Appeal Board interpreted key claim terms.
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December 11, 2025
9th Circ. Upholds Apple App Store Injunction In Epic Fight
The Ninth Circuit mostly affirmed an injunction blocking Apple Inc. from charging developers "prohibitive" commissions on iPhone app purchases made outside its systems on Thursday, handing Epic Games Inc. a partial win in their hotly contested compliance fight while agreeing with Apple that the injunction's commissions ban and certain restrictions are punitive and overbroad.
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December 11, 2025
FEMA's Freeze On Disaster Mitigation Funds Ruled Unlawful
The Trump administration unlawfully terminated Federal Emergency Management Agency funds intended to pay for disaster mitigating projects, a Massachusetts federal judge ruled Thursday, describing the case as an "unlawful executive encroachment on the prerogative of Congress to appropriate funds" for specific purposes.
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December 11, 2025
NC County Sues DuPont, 3M, Tyco Over PFAS Contamination
A county in southeastern North Carolina is suing 3M Co., DuPont de Nemours Inc., the Chemours Co., Tyco Fire Products LP and other companies, alleging that they knowingly sold products containing PFAS, or "forever chemicals," that have contaminated county land.
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December 11, 2025
4th Circ. Suppresses Gun Found In Illegal Traffic Stop Search
A West Virginia man sentenced to more than two years in federal prison for illegal possession of a firearm should not have been searched during a 2023 traffic stop, a unanimous Fourth Circuit panel ruled Thursday, finding that a gun found on him should have been suppressed.
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December 11, 2025
Sidley Guides Diagnostic Imaging Firm Lumexa's $463M IPO
Private equity-backed diagnostic imaging provider Lumexa Imaging Holdings Inc., led by Sidley Austin LLP, began trading Thursday on the Nasdaq Global Select Market after pricing a $463 million initial public offering.
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December 11, 2025
NASCAR Inks Midtrial Antitrust Deal With Teams
NASCAR has agreed to give its race teams permanent contracts as part of an otherwise confidential settlement that cut short a high-profile antitrust trial in which two teams — including one owned by retired NBA star Michael Jordan — accused it of illegally maintaining a monopoly on premier stock car racing.
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December 10, 2025
Amazon Shoppers In Price-Hike Suit Say Retailer Deleted Docs
Amazon shoppers accusing the e-commerce giant of price-gouging during the COVID-19 pandemic urged a Seattle federal judge to sanction the company for allegedly destroying an "untold number of documents" crucial to their proposed consumer class action.
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December 10, 2025
Willkie, Latham Guide $242M Infrastructure IPO
Cardinal Infrastructure Group's shares began trading on the Nasdaq on Wednesday, following an over $241 million initial public offering led by Willkie Farr & Gallagher LLP and Latham & Watkins LLP.
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December 10, 2025
HPE Fights State AGs' Bid To Block Juniper Integration
Hewlett Packard Enterprise told a California federal court that even though it has already combined with Juniper Networks, state enforcers are seeking to temporarily break up the companies while the court mulls a U.S. Department of Justice settlement over the $14 billion wireless networking deal.
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December 10, 2025
4th Circ. Hints $166M Fight Could Create Circuit Split
In questioning counsel for an insolvent Dutch insurance company trying to confirm a $166 million arbitral award against convicted insurance mogul Greg Lindberg, two Fourth Circuit judges quipped the insurer likely wants to avoid a circuit split over interpreting the Federal Arbitration Act and keep the case out of the U.S. Supreme Court.
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December 10, 2025
Syngenta, Corteva Face Class Cert. Bids For $2B In Damages
Pesticide companies Syngenta and Corteva are facing damages claims of more than $1.2 billion and $883 million claim, respectively, according to class certification bids filed by farmers looking to represent the hundreds of thousands of pesticide buyers allegedly harmed by rebate programs that paid distributors to forgo cheaper generics.
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December 10, 2025
Courts Let Military Ban Trans, HIV-Positive Troops For Now
Two federal appellate courts have cleared the federal government to enforce a pair of controversial policies restricting transgender and HIV-positive people from serving in the military, with each lifting trial court blockades on the rules while litigation challenging them plays out.
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December 10, 2025
Wells Fargo Says It Didn't Know Ex-Atty Stole From Clients
Wells Fargo is seeking to shed claims in Texas federal court alleging it turned a blind eye to a convicted former attorney's misuse of client funds held in accounts at the bank, arguing that the victims of the lawyer's fraud failed to show it knew of the misconduct.
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December 10, 2025
AGs Say Judicial Safety Threats Reaching 'All-Time Highs'
Attorneys general for 43 states, three territories and the District of Columbia signed a letter to Congress urging more financial support for judicial security in the face of threats against judges, including funding for a program that lets judges scrub addresses and personal information from online databases.
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December 10, 2025
4th Circ. Icy To Reviving Retired Miners' Health Coverage Fight
The Fourth Circuit seemed disinclined Wednesday to reopen a dispute over lifetime retirement health and life insurance benefits from a proposed class of retired coal miners, as two judges knocked the coal company's attempt to pick apart the results of a seven-day bench trial that broadly favored them.
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December 09, 2025
'Stop Asking Questions': NASCAR Leaks Team's Finances
NASCAR blindsided a former race car driver Tuesday in its antitrust trial by exposing his team's financial data to the jury despite an alleged nondisclosure agreement, provoking a cascade of objections from the opposition and a reproach from the bench.
Expert Analysis
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4th Circ. Clarifies Employer Duties For ADA Accommodations
The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal
After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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How Community Banks Can Limit Overdraft Class Action Risk
With community banks increasingly confronted with class actions claiming deceptive overdraft fees, local institutions should consider proactively revising their customer policies and agreements to limit their odds of facing costly and complicated consumer litigation, say attorneys at Jones Walker.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.