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Public Policy
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November 14, 2025
Ex-Va. City Atty Tells 4th Circ. FMLA Doesn't Immunize Officials
The Family and Medical Leave Act doesn't contemplate qualified immunity, a former Virginia city assistant attorney told the Fourth Circuit on Thursday, arguing that a municipal attorney cannot appeal a federal court's decision to let his FMLA suit go to trial.
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November 14, 2025
Del. Lawmakers OK Pushing County's Property Tax Deadline
Delaware would extend a tax payment deadline for New Castle County property owners until the end of the year under a bill unanimously approved by state lawmakers and headed to the governor.
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November 14, 2025
La., Parishes Push To Keep Coastal Suits In State Court
Louisiana and a pair of its coastal parishes have told the U.S. Supreme Court that the Fifth Circuit correctly concluded that their pollution lawsuits against Chevron and Exxon stemming from their World War II-era oil production belong in state court.
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November 14, 2025
Employers Urge Justices To Reverse DC Circ. Pension Ruling
Employers that withdrew from a union pension fund urged the U.S. Supreme Court to reverse the D.C. Circuit's holding on actuarial assumptions requirements for calculating withdrawal liability, arguing the appellate court misread federal benefits law by deciding that a union pension plan could retroactively change assumptions.
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November 14, 2025
NJ Sen. Seeks Fix For Daniel's Law Amid Legal Challenges
A New Jersey state senator has introduced legislation intended to rescue Daniel's Law from mounting constitutional challenges, saying the state's judicial-privacy statute has been weakened by 2023 amendments that have spawned confusion, lawsuits and compliance problems for businesses and public agencies.
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November 14, 2025
Feds Say Ex-Police Union Prez Got Break With 30-Month Term
A Massachusetts police union president who was convicted in a kickback scheme and sentenced to 2.5 years in prison should receive at least that much time when he's resentenced following a First Circuit decision largely affirming the verdict, prosecutors said, calling the original punishment a "windfall."
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November 14, 2025
Frequent DEI Foe Takes Aim At Mich. Law Firm's Scholarships
American Alliance for Equal Rights, a group known for challenging diversity, equity and inclusion scholarships, has set its sights on Michigan personal injury firm Buckfire & Buckfire PC for alleged discrimination via the firm's scholarship programs for minorities.
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November 14, 2025
Smith Anderson Adds Fox Rothschild Land Use Duo
Raleigh-based law firm Smith Anderson Blount Dorsett Mitchell & Jernigan LLP has welcomed land-use duo Robin Tatum as partner and Catherine Hill as counsel, buffing out the firm's land use practice in its Raleigh office. The pair, who are joined by paralegal Amanda Ball, arrive from Fox Rothschild LLP.
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November 14, 2025
DOJ Official Among Trump Picks For District Courts
President Donald Trump announced judicial nominees for federal courts in Tennessee, Indiana and Missouri on Friday, including a current U.S. Department of Justice official.
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November 14, 2025
Italian Police Seize Assets In €260M VAT Fraud Probe
Italian financial police seized corporate assets Friday as part of an investigation into a criminal ring suspected of evading €260 million ($302 million) in value-added taxes on fuel, European Union authorities said.
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November 14, 2025
Northern NY US Atty To Defend DOJ In Maurene Comey Suit
The U.S. attorney's office for the Northern District of New York has agreed to defend the U.S. Department of Justice against a lawsuit from former FBI Director James Comey's daughter over what she calls her illegal firing, that office informed a New York federal judge this week.
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November 14, 2025
DC Circ. Wary Of DEA Delays In Religious Ayahuasca Case
A D.C. Circuit panel on Friday appeared skeptical that the Drug Enforcement Administration was justified in its delays processing an Iowa church's application for a religious exemption to the Controlled Substances Act to use a psychedelic in its rites.
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November 14, 2025
House Eyes Vote To Repeal Provision On Senators' Lawsuits
A House bill to repeal a controversial provision tucked into the government funding package that would allow senators investigated by former special counsel Jack Smith to sue for damages is listed for possible consideration on the schedule for the week of Nov. 17.
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November 14, 2025
Aussies Float DST To Push Platforms To Pay News Media
Australia has proposed a measure analogous to a 2.25% digital services tax aimed at pressuring social media companies and search engines to pay Australian news organizations to publish their work.
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November 14, 2025
US To Slash Tariff On Swiss Imports To 15% In Trade Deal
The U.S. will reduce a 39% tariff on Swiss imports to 15% as part of a framework trade agreement reached with Switzerland, according to Friday announcements by the White House and the Swiss government.
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November 14, 2025
Sandisk Points To Differences In 'Settled Expectations' Cases
Sandisk Technologies Inc. has told the Federal Circuit that its own case challenging the U.S. Patent and Trademark Office's denial of patent reviews based on an owner's "settled expectations" is different from cases in which the court recently rejected petitions over changing institution practices at the Patent Trial and Appeal Board.
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November 14, 2025
SEC's Atkins Turns A Critical Lens On BlackRock, Vanguard
U.S. Securities and Exchange Commission Chairman Paul Atkins said Friday morning that his agency is working to rein in large institutional asset managers like BlackRock and Vanguard who "get out of line" by trying to influence management decisions.
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November 14, 2025
Hartford Wants Ex-Murder Suspect's Civil Rights Suit Tossed
The city of Hartford, Connecticut, has urged a federal court to dismiss a lawsuit brought against it and its police detectives by a man who was falsely accused of murder, arguing the city cannot be liable for the alleged conduct of its employees and that statutory deadlines weren't met.
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November 14, 2025
Prosecutorial Watchdog Takes Helm In Trump Election Case
The Georgia election interference charges against President Donald Trump and others will continue after the head of the state's prosecutorial oversight agency said Friday that for now, he'll take over the case from Fulton County District Attorney Fani Willis after multiple outside prosecutors turned down the job.
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November 13, 2025
As Backlogged SEC Reopens, Attys Jostle To 'Get In Line'
Thousands of U.S. Securities and Exchange Commission employees who were sent home last month finally returned to their offices Thursday, and experts say it will likely take at least a month for them to catch up with a backlog of casework and submissions for initial public offerings.
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November 13, 2025
Google Sues Cybercriminals Over Global Phishing Scams
Google has sued foreign cybercriminals behind phishing scams that claim to represent the U.S. Postal Service and the New York City government's website, among others, accusing them of texting millions of Americans phony messages that lure them into providing their payment information and other personal data.
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November 13, 2025
DOJ Sues Newsom Over Prop 50 Redistricting Plan
California's voter-approved Proposition 50 plan for new congressional districts mandates "racial gerrymandering" in favor of Hispanic voters in violation of the equal protection clause, the U.S. Department of Justice alleges in a federal lawsuit filed Thursday against Gov. Gavin Newsom.
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November 13, 2025
Clean Energy Cos. Tap Private Cash To Beat Tax Credit Clock
Clean energy developers are increasingly looking to privately held investors to ensure they can do enough work to keep their projects fully eligible for tax credits that start phasing out next year, energy development attorneys told Law360.
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November 13, 2025
Bank Regulators Preview Timelines For Planned Fintech Rules
Federal banking regulators say they're focused on executing their fintech rulemaking agendas in the coming months, with the Federal Deposit Insurance Corp. planning to circulate a stablecoin licensing regime by year's end and the Federal Reserve intending to provide fintechs easier access to its payment rails by the close of next year.
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November 13, 2025
Hemp Policy At Crossroads After Government Reopening Bill
Hemp industry advocates are pledging to use the one-year gap between enactment and implementation of the government funding agreement, which effectively recriminalized most hemp-derived THC products, to craft new regulatory legislation that stops short of a full ban.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Why Foreign Cos. Should Prep For Increased SEC Oversight
With the recent trading suspensions of 10 foreign-based issuers listed on the Nasdaq, an enforcement action against a U.K. security-based swap dealer and the announcement of a cross-border task force, it's clear that the U.S. Securities and Exchange Commission will expand oversight on foreign companies participating in the U.S. capital markets, says Tejal Shah at Cooley.
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How Litigating Antitrust Fix Helped GTCR Prevail In Court
An Illinois federal judge's recent denial of the Federal Trade Commission's injunction request in the GTCR acquisition of Surmodics joins a developing series of cases in which deal parties have prevailed against government antitrust challenges by proposing a postcomplaint fix and litigating the as-amended deal, say attorneys at Paul Weiss.
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What Narrower FinCEN Reporting Spells For Industry
As compliance costs soar, the potential slimming down of the Financial Crimes Enforcement Network's anti-money laundering and countering the financing of terrorism regime is welcome news for banks, and would allow a shift in resources to ever-evolving cybercrime threats, say attorneys at Quarles & Brady.
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Revisiting Jury Trial Right May Upend State Regulatory Power
Justice Neil Gorsuch’s recent use of a denial of certiorari to call for the U.S. Supreme Court to revisit whether the Seventh Amendment jury trial right extends to states, building off last year's Jarkesy ruling, could foretell a profound change in state regulators' ability to enforce penalties against regulated companies, say attorneys at Sidley.
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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.