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Public Policy
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November 21, 2025
Ex-US Trustee Director's Firing Appeal Tossed, For Now
The former head of the U.S. Department of Justice's bankruptcy watchdog program had her appeal challenging her abrupt firing dismissed, at least for now, while a federal agency mulls questions around executive power in separate cases.
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November 21, 2025
Longtime DOJ Atty Joins Kalijarvi Chuzi In Washington
An attorney who spent about 17 years with the U.S. Department of Justice's Civil Rights Division, and was part of a team that challenged a North Carolina law banning transgender people from using bathrooms that aligned with their gender identity, has joined Kalijarvi Chuzi Newman & Fitch PC.
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November 21, 2025
Justices Urged To Uphold $268M Tax Break For Truck Co.
The U.S. Supreme Court should let stand the denial of $268 million in excise tax exemptions for a Tennessee truck company, the federal government urged, saying the case doesn't meet any of the traditional requirements for high court review and raises an isolated issue.
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November 21, 2025
DOJ Will Speed Some Classified Discovery In Bolton Case
Federal prosecutors agreed Friday to accelerate their classified discovery timeline in the prosecution of John Bolton, as a Maryland federal judge pressed them to move faster.
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November 21, 2025
Court Ends Consent Decree Between DOJ And Newark Police
The New Jersey federal court has terminated a nine-year, legally binding agreement between the U.S. Department of Justice and the City of Newark stemming from a pattern of unlawful stop-and-frisks and excessive-force practices by the Newark Police Department, the Justice Department said Friday.
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November 21, 2025
IRS Issues Guidelines For Claiming Tip Tax Relief In 2025
The Internal Revenue Service published guidance Friday for taxpayers looking to claim the new tax deductions for tips and overtime in 2025, as relevant tax forms haven't yet been updated to more easily account for them.
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November 21, 2025
9th Circ. Shuts Down Northern Mariana Retiree's COLA Claim
The Ninth Circuit rejected a retiree's claim that a retirement fund for Northern Mariana Islands government employees owed her cost of living adjustments in her benefits, backing a ruling that a law promising COLAs to retirees doesn't extend to her.
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November 20, 2025
Renewed Federal Push To Block State AI Laws Faces Backlash
The Trump administration is pushing to revive a failed effort to stop states from regulating artificial intelligence systems, drawing opposition from California's data privacy regulator, consumer advocates and others that argue it's crucial for states to retain their ability to put guardrails on the emerging technology in the wake of continued federal inaction.
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November 20, 2025
CFPB Will Shift Remaining Lawsuits Over To DOJ
The Consumer Financial Protection Bureau will be handing off its enforcement lawsuits and other litigation to the U.S. Department of Justice as the Trump administration prepares for the consumer agency to run out of money, Law360 has learned.
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November 20, 2025
Fed's Cook Says AI Could Either Steady Wall Street Or Rig It
Federal Reserve Board Gov. Lisa Cook said Thursday that the use of artificial intelligence in algorithmic trading in financial markets has the potential to improve on current trading, but it also has the potential to create "risks that are difficult to monitor or mitigate."
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November 20, 2025
Target Investors' Pride Month Merch Suit Shipped To Minn.
A consolidated set of shareholder class actions against Target Corp. over its 2023 Pride Month marketing campaign has been relocated from Florida to Minnesota, where the company is headquartered.
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November 20, 2025
10th Circ. Seems Wary Of Trans Students' Bathroom Law Suit
The Tenth Circuit on Thursday appeared hesitant about reviving a challenge by three transgender students and their parents to an Oklahoma law requiring that school bathroom access be based on birth certificate sex markers, with the judges suggesting that several recent U.S. Supreme Court rulings undermine the students' case.
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November 20, 2025
Judge Casts Doubt On Gov't Case For Holding Abrego Garcia
A Maryland federal judge cast serious doubt over whether the government has an active order of removal for Kilmar Ábrego García, suggesting Thursday that if there is no such order, she'll have no choice but to grant Ábrego García's habeas petition and order his release from immigration detention.
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November 20, 2025
Texas Sues Bristol-Myers For Alleged Drug Misrepresentations
The Texas Office of the Attorney General sued pharmaceutical companies Bristol-Myers Squibb and Sanofi in Texas state court, claiming Thursday the companies failed to disclose that a lucrative blood thinner used to prevent heart attacks and strokes does not work as well on certain minority patients.
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November 20, 2025
Conn. Agency GC Tried To 'Mislead The Court,' Judge Says
A Connecticut judge said Wednesday that he notified ethics officials after finding the general counsel of the state's utilities authority tried to mislead the court and opposing counsel over deleted text messages in a rate dispute with a pair of natural gas suppliers.
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November 20, 2025
DHS Accused Of 'Ruinous,' Unlawful Immigration Fines
Two immigrants hit the Trump administration with a proposed class action alleging it has imposed "ruinous" civil penalties of up to $1.8 million against them and more than 21,000 other people in an unlawful attempt to pressure them to leave the U.S.
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November 20, 2025
Comey Says DOJ's Conduct 'Shocks The Conscience'
James Comey on Thursday reiterated his request that the U.S. Department of Justice be forced to disclose all grand jury materials related to his indictment, noting the government has conceded that the grand jury never saw the operative indictment and saying the purported misconduct "shocks the conscience."
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November 20, 2025
11th Circ. Upholds Pregnancy Center Vandalism Conviction
The Eleventh Circuit on Thursday upheld a 120-day prison sentence for a Florida woman convicted of vandalizing crisis pregnancy centers across the state, disagreeing that she cannot be prosecuted under a conspiracy statute for violating the Freedom of Access to Clinic Entrances Act.
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November 20, 2025
SEC's Uyeda Says ERISA Needs Litigation Reform To Curb Suits
U.S. Securities and Exchange Commission member Mark Uyeda called for litigation reform Thursday aimed at stopping lawsuits filed under the Employee Retirement Income Security Act that he said discourage retirement plan fiduciaries from investing in the private markets.
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November 20, 2025
NLRB Seeks To Stop Calif. Agency From Acting When It Can't
The National Labor Relations Board has asked a California federal judge to block a new state law allowing the state's labor board to perform NLRB functions when the federal agency lacks a quorum, saying the NLRB will be irreparably harmed if the law is allowed to take effect in 2026.
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November 20, 2025
Journalist Jailed For Contempt, Fined For Stealing Court Mug
A Texas federal judge ordered U.S. marshals Thursday to haul a onetime conservative journalist to a nearby jail for contempt of court and separately fined him $1,000 for stealing a court coffee mug, saying he had had it with the defendant's "shenanigans."
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November 20, 2025
USPTO Decries Instacart's 'Road Mapping' Claim At Fed. Circ.
The U.S. Patent and Trademark Office is urging the Federal Circuit to turn away Instacart's challenge to the agency's relatively new procedures for discretionarily denying Patent Trial and Appeal Board petitions, noting the court recently rejected three similar bids.
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November 20, 2025
Crypto Orgs. Call On White House To Spur Agency Guidance
A coalition of more than 65 crypto-focused organizations penned a letter to President Donald Trump asking the White House to encourage federal agencies to stop prosecuting developers of decentralized software, exempt decentralized projects from certain rules and clarify tax treatment.
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November 20, 2025
Trump Admin Defends Ending Patent, Weather Unions' Rights
The Trump administration has implored a D.C. federal judge to reject an effort by unions representing workers at the U.S. Patent and Trademark Office and the National Weather Service to halt an executive order ending their collective bargaining rights, emphasizing the action is within the president's authority.
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November 20, 2025
Trump's CFTC Pick Selig Advances To Senate Floor
President Donald Trump's pick to lead the U.S. Commodity Futures Trading Commission will advance to the U.S. Senate floor after a Thursday agriculture committee vote on Michael Selig's nomination passed along party lines.
Expert Analysis
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How Nasdaq, SEC Proposals May Transform Listing Standards
Both Nasdaq and the U.S. Securities and Exchange Commission have increasingly focused their recent regulatory efforts on small and foreign issuers, particularly those from China, reflecting an intention to strengthen the overall quality of companies accessing U.S. markets, but also potentially introducing a chilling effect on certain issuers, say attorneys at Norton Rose.
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New NCAA Betting Policy Fits Trend Of Eased Restrictions
Allowing NCAA student-athletes to bet on professional sports fits into a decade-long trend of treating college athletes more like adults in a commercial system, but decreasing player restrictions translates to increased compliance burdens for schools, say attorneys at Robins Kaplan.
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Series
Building With Lego Makes Me A Better Lawyer
Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.
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How Banks Can Safely Handle Payments For Gambling Biz
As the betting market continues to expand, it's crucial for banks and fintechs to track historical developments in wagering and ongoing prediction markets litigation that can factor into a risk analysis for payment processing with respect to gambling operators, says Laura D'Angelo at Jones Walker.
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Wading Into NY Wetland Regs' 2025 Changes And Challenges
Solar developers in New York should keep a weather eye on litigation challenging the New York Department of Environmental Conservation’s recently expanded authority to regulate wetlands and waterways, which could erode the impact of a new permitting process meant to streamline solar development on protected wetlands, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Networking 101
Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.
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Defeating Estoppel-Based Claims In Legal Malpractice Actions
State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.
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Takeaways As Justices Let 5th Circ. Pollution Ruling Stand
The U.S. Supreme Court's recent certiorari denial leaves intact a Fifth Circuit ruling that environmental justice organizations have standing to pursue a civil rights challenge to a parish's land-use practice, underscoring the importance of local governments proactively engaging with communities to address cumulative impacts of development, say attorneys at ArentFox Schiff.
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AI's Role In Google Antitrust Suit May Reshape Tech Markets
The evolution of AI in retail has reshaped the U.S.' antitrust case against Google, which could both benefit small business innovators and consumers, and fundamentally alter future antitrust cases, including the Federal Trade Commission's lawsuit against Amazon, says Graham Dufault at ACT.
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Series
The Biz Court Digest: How It Works In Massachusetts
Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.
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Next Steps For DOE's Large-Load Interconnection Reforms
The U.S. Department of Energy's recent letter to the Federal Energy Regulatory Commission may mark a substantial expansion of FERC's open-access framework for large-load facilities, though the proposed timeline for the rulemaking appears to be extraordinarily short, say attorneys at Davis Wright.
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Adapting To Calif.'s Enhanced Regulation Of PE In Healthcare
New California legislation enhances oversight on the role of private equity groups and hedge funds in healthcare transactions, featuring both a highly targeted nature and vague language that will require organizations to carefully evaluate existing practices, says Andrew Demetriou at Husch Blackwell.
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What To Note In OCC, FDIC Plan To Standardize Supervision
The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp.'s recent proposals to standardize the meaning of "unsafe or unsound practice" and revise the process for issuing matters requiring attention could significantly narrow the scope of activities that spawn enforcement actions, says Brendan Clegg at Luse Gorman.
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How The SEC May Overhaul Its Order Protection Rule
Attorneys at Skadden trace the evolution of the controversial Rule 611 of Regulation National Market System, examine the current debate surrounding its effectiveness, and consider how the U.S. Securities and Exchange Commission's emerging Project Crypto initiative could reshape Regulation NMS for a tokenized, on-chain market environment.
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State Child Privacy Laws May Put More Cos. In FTC's Reach
Starting with Texas in January, several new state laws requiring app stores to share user age-related information with developers will likely subject significantly more companies to the Federal Trade Commission’s child privacy rules, altering their compliance obligations, say attorneys at Womble Bond.