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Public Policy
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December 01, 2025
Judge-Shopping Sanctions Order Must Stand, 11th Circ. Told
The Alabama federal judges who sanctioned a trio of civil rights attorneys for allegedly judge shopping are defending that outcome, telling the Eleventh Circuit the controversial process was above board and rejecting the "scheming" attorneys' claims that they simply wanted to ensure they received a randomly assigned judge.
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December 01, 2025
4 Mass. Rulings You May Have Missed In November
A judge dismissed a flurry of proposed class actions alleging retailers flouted a Massachusetts law requiring that job applications include a notice of the state's ban on lie detectors, while a personal injury law firm couldn't escape a former associate's suit over its unilateral decision to eliminate commissions for cases he brought to the firm, among notable state court decisions in November.
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December 01, 2025
Libertarian Orgs. Tell Justices Cannabis Ban Is Outdated
A pair of libertarian advocacy groups have filed friend-of-the-court briefs urging the U.S. Supreme Court to hear a case challenging the federal prohibition on marijuana, arguing that a 20-year-old precedent wrongly expanded Congress' power to regulate intrastate commerce.
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December 01, 2025
What MDL Judges Can Get Done With A New Civil Rule
As the first federal procedure rule geared toward multidistrict litigation goes into effect, judges will have a new buffet of best practices to guide them, but little in the way of hand-tying mandates.
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December 01, 2025
Calif. Ban On Fee-Sharing With 'Alternative' Firms Challenged
A new law barring California lawyers and firms from sharing fees with out-of-state law firms owned by nonlawyers is unconstitutional and will harm the state's mass tort lawyers and their clients, according to a lawsuit filed last week.
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December 01, 2025
Wis. Judge Dismisses Tribal Tax Suit Over Standing Issues
A Wisconsin federal judge dismissed a claim by homeowners that local political jurisdictions of the Menominee Indian Tribe joined forces to increase their tax burden, saying the federal court can't grant the relief they seek.
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December 01, 2025
Judge Dismisses Minn. County's 3,000-Acre Land Trust Suit
A federal judge has given a summary judgment win to the Interior Department in a challenge by a Minnesota county and townships over more than 3,000 acres taken into trust for the Mille Lacs Band of Ojibwe, determining that the agency's decision was not arbitrary, capricious or contrary to law.
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December 01, 2025
Justices Question Scope Of ISP Liability In $1B Piracy Case
U.S. Supreme Court justices pressed Cox Communications on whether internet service providers could ever be liable for their customers' online piracy if it defeated a $1 billion case brought by music companies, with Justice Ketanji Brown Jackson questioning the company's attorney Monday if "selling internet services can ever be culpable conduct."
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December 01, 2025
5th Circ. Ends DOL Appeals Over Biden-Era Fiduciary Regs
The Fifth Circuit shuttered two appeals from the U.S. Department of Labor that aimed to revive Biden-era regulations expanding the definition of a fiduciary under the Employee Retirement Income Security Act, after the agency told the appellate court it intended to drop the cases.
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December 01, 2025
ITC Clears Way For AD/CV Duties On CORE Steel Imports
The U.S. International Trade Commission finalized a determination that domestic producers were harmed by subsidized corrosion-resistant steel products imported from several countries and sold at less than fair value, according to a notice published Monday.
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December 01, 2025
Ill. Dept. Analyzes State Property Tax System Per 2024 Law
The Illinois Department of Revenue said Monday that it's conducting a study of the state's property tax system as required by a law enacted last year.
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December 01, 2025
Pa. Law Will Ban Workplace Hairstyle Bias
A Pennsylvania bill that said employers cannot discriminate against certain hairstyles historically associated with a worker or job applicant's race, such as locs, braids and Afros, as well as religious head coverings, was signed by Gov. Josh Shapiro.
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December 01, 2025
3rd Circ. Says Habba Barred From Serving As Acting US Atty
President Donald Trump's former personal lawyer cannot serve as acting U.S. attorney for New Jersey, the Third Circuit ruled Monday in a precedential opinion holding that her appointment violated the Federal Vacancies Reform Act and undermined the constitutional safeguards of Senate confirmation.
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November 26, 2025
Amazon Gets NY's NLRB Fill-In Law Blocked For Now
A New York federal judge issued a preliminary injunction blocking a law allowing the Empire State's labor board to adjudicate private sector unionization matters and labor-management disputes, ruling that Amazon is likely to prevail in its challenge of the measure.
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November 26, 2025
Apple Accused Of Cloaking Conflict Minerals From Customers
Apple tricks consumers into believing that it responsibly sources the key minerals used in its phones, computers and other tech products, when in reality it sources cobalt and coltan from companies that commit human and labor rights abuses, International Rights Advocates alleges in a lawsuit filed in Washington, D.C.
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November 26, 2025
FCC Aims To Compel All Providers To Act Against Robocalls
The Federal Communications Commission is launching another volley in the ongoing battle against robocalls, this time with an order that would mandate that all voice service providers, not just newly authorized ones, follow anti-robocall regulations.
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November 26, 2025
Colo. Judge Won't Toss ICE Subpoena Case Against Governor
A Colorado state judge rejected Gov. Jared Polis' bid to toss a complaint alleging his office attempted to force labor department employees to comply with a U.S. Immigration and Customs Enforcement subpoena in violation of state law earlier this year.
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November 26, 2025
Calif. Privacy Agency Gaining Steam Ahead Of 5th Anniversary
California's data privacy regulator has taken several notable steps in recent months, including handing down its first penalty upward of $1 million and finalizing long-awaited rules on topics such as cybersecurity audits and technologies that use artificial intelligence, and the groundbreaking agency shows no signs of slowing down as its fifth anniversary approaches.
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November 26, 2025
Cyber Co. Says Mich. Atty's Recusal Bid Based On Speculation
A Michigan attorney's attempt to have a judge recuse from a payment dispute launched by a cybersecurity firm "is a waste of the court's time," the company has said, because her bid is based on speculation over the judge's work in a federal prosecutor's office.
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November 26, 2025
FCC Releases Details Of LPTV Reg Makeover
The Federal Communications Commission has unveiled the plans it will be voting on next month to shake up the regulatory regime for low power TV broadcasters, including setting up a formal method for the stations to specify their community of license.
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November 26, 2025
Calif. Cannabis Workers Settle Suit Over Quotas, Lack Of Pay
Hourly agricultural laborers who accused California cannabis company Glass House Brands Inc. and some of its subsidiaries of bilking them out of sick pay, minimum wage and lunch breaks while enforcing quotas have agreed to settle what is left of their state court labor violation lawsuit for $305,000.
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November 26, 2025
21 AGs Sue USDA Over SNAP Rollbacks For Permanent Residents
Twenty states and the District of Columbia sued the U.S. Department of Agriculture on Wednesday over new agency guidance barring certain categories of permanent residents from receiving federal food assistance benefits.
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November 26, 2025
USCellular Urges Justices To Uphold FCA Suit's Dismissal
USCellular pressed the U.S. Supreme Court on Wednesday to uphold a D.C. Circuit decision tossing two whistleblowers' claims alleging spectrum auction fraud, calling their arguments for review of the lower court's decision "misleading."
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November 26, 2025
High Court's $1B ISP Case May Define Digital Liability Norms
Monday's U.S. Supreme Court arguments in a $1 billion copyright case filed by music companies against Cox Communications offer justices the first chance in decades to define business liability for customer piracy online.
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November 26, 2025
Ex-Conn. Lawmaker Pleads Guilty In Audit Bribery Case
Former Connecticut state lawmaker and currently suspended attorney Christopher Ziogas pled guilty during a hearing Wednesday to paying bribes to onetime state budget official Konstantinos Diamantis in an effort to shut down a state Medicaid audit of Ziogas' fiancee's optometry practice.
Expert Analysis
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As Student Loan Outlook Dims, What Happens To The Banks?
While much of the news around the student loan crisis focuses on the direct impact on young Americans' decreasing credit scores, the fate of the banks themselves — and the effect on banking policy — has been largely left out of the narrative, says Madeline Thieschafer at Fredrikson & Byron.
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How Trade Fraud Task Force Launch Furthers Policy Goals
A new cross-agency trade fraud task force is the latest in a series of Trump administration efforts to leverage agency relationships in pursuit of its trade policy goals, and its creation signals a further uptick in customs enforcement, say attorneys at Morgan Lewis.
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Keys To Extended Producer Responsibility Compliance
As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.
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Digital Asset Report Opens Doors For Banks, But Risks Linger
A recent report from a White House working group discussing digital asset market structure signals how banks may elect to expand into digital asset custody, trading and related services in the years ahead, but the road remains layered with challenges, say attorneys at Foley & Lardner.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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5 Real Estate Takeaways From Trump's Sweeping Tax Law
Changes to the Internal Revenue Code included in the One Big Beautiful Bill Act will have a range of effects on real estate sponsors, investors and real estate investment trusts — from more compliance flexibility around taxable REIT subsidiary limits to new considerations raised by a key retaliatory tax provision that was left out, say attorneys at DLA Piper.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting
As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.
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How Securities Test Nuances Affect State-Level Enforcement
Awareness of how different states use their securities investigation and enforcement powers, particularly their use of the risk capital test over the federal Howey test, is critical to navigating the complicated patchwork of securities laws going forward, especially as states look to fill perceived federal enforcement gaps, say attorneys at WilmerHale.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Calif. Bill May Shake Up Healthcare Investment Landscape
If signed by the governor, newly passed California legislation would significantly expand the Office of Health Care Affordability's oversight of private equity and hedge fund investments in healthcare companies and management services organizations, and raise several questions about companies' data confidentiality and filing burdens, say attorneys at Ropes & Gray.
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How Prohibiting Trigger Leads May Affect Mortgage Marketing
Recent amendments to the Fair Credit Reporting Act prohibiting the sale of trigger leads mark a significant shift in the regulatory landscape for mortgage lenders, third-party lead generators and their legal counsel, who should reevaluate lead generation strategies and compliance protocols, say Joel Herberman, Rob Robilliard and Leah Dempsey at Brownstein Hyatt.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Pharma Copay Programs Raise Complex Economic Questions
The growing prevalence of copay accumulator and maximizer programs in the pharmaceutical industry is drawing increased scrutiny from patients, advocacy groups, lawmakers and courts, bringing complex questions about how financial responsibility for prescription drug purchases is determined and complicating damages assessments in litigation, say analysts at Analysis Group.