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Public Policy
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December 12, 2025
Betting, Trading Platforms Form Prediction Market Alliance
A group of betting and trading platforms said they've created a new organization to advance the interests of prediction markets as betting challenges from states intensify and Congress starts to formally structure the cryptocurrency market writ large.
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December 12, 2025
FCC's Carr Cheers Trump Order Curtailing State AI Laws
Federal Communications Commission Chief Brendan Carr on Friday lauded a White House move to restrict states from passing "onerous" laws and regulations covering artificial intelligence.
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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
NLRB Asks Calif. Judge To Follow Colleague On Fill-In Law
A California federal judge should follow his New York colleague's lead and hold that states likely cannot let their labor boards fill the National Labor Relations Board's shoes if the NLRB is faltering, the NLRB argued, saying "profound labor relations instability" could result if courts begin endorsing such laws.
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December 12, 2025
Treasury Issues Final Regs For Taxing Foreign Govt. Income
The U.S. Treasury Department issued final regulations Friday for determining whether income of foreign governments derived within the U.S. is taxable along with proposed regulations concerning when a foreign government has effective control of a commercial entity.
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December 12, 2025
Nasdaq Seeks Power To Block IPOs Over Manipulation Risks
Nasdaq proposed a rule change on Friday that would give the exchange new discretion to block initial public offerings even when companies meet all quantitative listing requirements, citing concerns that certain stocks could be vulnerable to manipulation once they begin trading.
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December 12, 2025
Del. US Atty Resigns Citing 'Politics,' Successor Appointed
The acting U.S. Attorney for Delaware said Friday that she is resigning, citing "a highly politicized, flawed blue-slip tradition" for nominees and saying she "fully" supports her first assistant, who has been appointed by a federal judge to succeed her.
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December 10, 2025
Colo. Asks 10th Circ. To OK Social Media Law Aimed At Minors
The Colorado Attorney General's Office asked the Tenth Circuit to review a lower court decision to enjoin the state from enforcing its recently passed law that would display warning messages to minors using social media platforms after a trade association claimed the law was unconstitutional.
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December 12, 2025
US Atty Nominee For Wyo. Was Outside Capitol On Jan. 6
One of President Donald Trump's U.S. attorney nominees, who was on the U.S. Capitol grounds on Jan. 6, 2021, and recently told senators he still thinks "there were imperfections" in the 2020 election process, has been advanced toward Senate confirmation.
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December 12, 2025
Colo. Mobile Home Was Properly Valued, Court Says
A Colorado mobile home was correctly valued by a county's board of tax appeals and should not have its value lowered, the Colorado Court of Appeals ruled.
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December 12, 2025
HUD Opens Investigation Into Boston's Housing Policies
The federal government said it is investigating alleged racial discrimination in Boston's housing programs, accusing the city of favoring nonwhite residents in an effort to achieve racial equity in housing.
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December 12, 2025
Neb. Co.'s Properties Have Lower Value, Commission Says
Four storage facilities were overvalued after determining that the storage company's appraiser offered a persuasive appraisal of the properties, the Nebraska Tax Equalization Commission found.
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December 12, 2025
Judge Vacates Montana Logging Plan Over Wildlife Risks
A Montana federal court judge vacated a U.S. Forest Service plan to log more than 16,500 acres in the Custer Gallatin National Forest, saying its failure to consider future impacts on grizzly bears and Canada lynx was arbitrary and capricious.
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December 12, 2025
Watchdog Sues White House For Records On Law Firm Deals
A Washington-based nonprofit watchdog has sued the Trump administration, seeking records related to deals BigLaw firms struck to provide an estimated nearly $1 billion worth of pro bono legal services to further the administration's priorities, following the president's executive orders to withhold security clearances and investigate the firms.
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December 12, 2025
4 Big ERISA Litigation Developments From 2025's 2nd Half
The Eleventh Circuit signaled it may be willing to change its precedent to make it easier for federal benefits lawsuits to get to the courthouse door, while the Second Circuit shut down a challenge to a union pension plan's private equity investment emphasis. Here's a look back at these and two other significant Employee Retirement Income Security Act litigation developments from the latter half of 2025 that benefits attorneys should have on their radar.
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December 12, 2025
5th Circ. Tosses Chinese Citizen's Suit Over Texas Land Law
The Fifth Circuit has affirmed the dismissal of a Chinese citizen's suit challenging a Texas law that bars residents and entities domiciled in specific countries, such as China, from buying property in the state, ruling the plaintiff lacks standing to sue because China is not his permanent home and he does not "intend to return."
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December 12, 2025
Ore. Court OKs Retroactive Property Tax On Logged Land
An Oregon county correctly assessed property taxes on two acres of land retroactively disqualified from a forestland special assessment due to logging to clear space for a residence, the state tax court said.
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December 12, 2025
Mass. Judge Pauses Haitian TPS Suit For Separate Appeal
A Massachusetts federal judge paused a lawsuit challenging the Trump administration's revocation of temporary protected status for Haitian and Venezuelan immigrants, pointing to a similar case that he said is expected to reach the U.S. Supreme Court.
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December 12, 2025
DHS To Revoke Temporary Protected Status For Ethiopians
U.S. Secretary of Homeland Security Kristi Noem will revoke temporary protected status for Ethiopian immigrants, U.S. Citizenship and Immigration Services announced Friday.
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December 12, 2025
Higgs Fletcher Forms White Collar, Regs Enforcement Team
San Diego-based law firm Higgs Fletcher & Mack LLP has launched a white collar crime and regulatory enforcement defense practice group, citing heightened regulatory scrutiny in the financial and healthcare sectors and rising enforcement risks for licensed professionals and institutions.
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December 12, 2025
2025 Sees State Courts Diverge From Federal Criminal Norms
Some of this year's most notable criminal appellate rulings homed in on differences between state and federal constitutional protections against the most serious punishments, with movement in Michigan, bucking the trend in Wyoming, and an ambiguous but potentially earthshaking decision out of Texas.
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December 12, 2025
Dems Demand Release Of 2nd Jack Smith Report
Democrats on the House Judiciary Committee wrote to Attorney General Pam Bondi on Friday demanding she release the second volume of former special counsel Jack Smith's report on President Donald Trump's retention of classified documents after he left office the first time.
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December 11, 2025
Trump Executive Order Targets 'Excessive' State AI Laws
President Donald Trump on Thursday signed a controversial executive order establishing a "minimally burdensome national standard" for regulating artificial intelligence, deeming the order necessary for the United States to remain a leader in AI amid "excessive" state regulation.
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December 11, 2025
FSOC To Tack Toward Deregulation For Growth, Bessent Says
U.S. Treasury Secretary Scott Bessent said Thursday that the Financial Stability Oversight Council will pivot toward a focus on promoting economic growth through deregulation, charting a new course for the panel that mirrors shifts underway at its member agencies.
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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.
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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Opinion
Justice Requires Excluding Manner Of Death As Evidence
A recent report showing that the unstandardized and subjective U.S. system of medicolegal death investigations contributes to unjust convictions should prompt courts and lawmakers to reject manner of death testimony in favor of more transparent and testable forensic evidence, say Peter Neufeld and Isabelle Cohn at the Innocence Project.
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The SEC Whistleblower Program A Year Into 2nd Trump Admin
The U.S. Securities and Exchange Commission's whistleblower program continues to operate as designed, but its internal cadence, scrutiny of claims and operational structure reflect a period of recalibration, with precision mattering more than ever, say attorneys Scott Silver and David Chase.
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Autonomous Vehicle Liability Trends To Watch In 2026
With autonomous vehicles increasingly making their own decisions, the liability landscape for AVs has changed over the past year — highlighting a number of important issues that companies and practitioners should keep a close eye on in 2026, says Farid Yaghoubtil at Downtown LA Law Group.
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Key Crypto Class Action Trends And Rulings In 2025
As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, according to Justin Donoho at Duane Morris.
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New Russia Energy Sanctions Add Compliance Complexity
Recent U.S. and U.K. designations of Russian oil companies and related entities, as well as a new sanctions package from EU, mark a significant escalation in restrictions on the Russian energy industry and add a new layer of regulatory complications for companies operating in the global energy sector, say attorneys at Simpson Thacher.
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6 Laws For Calif. Employers To Know In 2026
California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.
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How New SEC Policies Shift Shareholder Proposal Landscape
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.
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NBA, MLB Betting Indictments: Slam Dunks Or Strikeouts?
Recent fraud charges against bettors, NBA players and MLB pitchers raise questions about what the government will need to prove to prosecute individuals involved in placing bets based on nonpublic information, and it could be a tough sell to juries, say attorneys at Ford O'Brien.
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Tracking The Evolution Of AI Insurance Regulation In 2025
As artificial intelligence continues to transform the insurance industry, including underwriting, pricing, claims processing and customer engagement, state regulators, led by the National Association of Insurance Commissioners, are increasing oversight to ensure that innovation does not outpace consumer protections, say attorneys at Fenwick.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation
On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.
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Prepping For 2026 Shifts In Calif. Workplace Safety Rules
California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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How AI Exec Order May Tee Up Legal Fights With States
The Trump administration's draft executive order would allow it to challenge and withhold federal dollars from states with artificial intelligence laws, but until Congress passes comprehensive AI legislation, states may have to defend their regulatory frameworks in extended litigation, says Charles Mills, a clerk at the U.S. District Court for the Northern District of West Virginia.
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Recent Proposals May Spell Supervision Overhaul For Banks
A slew of rules recently proposed by the federal banking agencies with approaching comment deadlines would rewrite supervision standards to be further tailored to banks' size and activities, while prioritizing financial risks over process, documentation and other nonfinancial risks, say attorneys at Davis Wright.