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Public Policy
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October 03, 2025
4 Criminal Law Cases To Watch As Justices Return
A slate of upcoming arguments will offer the U.S. Supreme Court the opportunity to weigh criminal defendants' ability to pursue claims of double jeopardy, secure sentencing relief and confer with trial counsel during overnight pauses in their testimony.
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October 03, 2025
Why The Criminal Defense Bar Will 'Learn A Lot' This Term
The U.S. Supreme Court's docket is packed with cases that hinge on issues of criminal law, teeing up a term that could affect the U.S. Sentencing Commission's powers and clarify where the justices stand on procedural and constitutional questions of criminal law, experts say.
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October 03, 2025
Justices Agree To Hear Freight Broker Negligence Case
The U.S. Supreme Court on Friday agreed to address conflicting appellate court decisions on whether federal law shields freight brokers from state-based negligence and personal injury claims.
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October 02, 2025
Dozens Of Localities Say Feds Can't Withhold Disaster Funds
A coalition of nearly 30 localities led by San Francisco and Santa Clara County, California, have sued the Trump administration over "unlawful" threats to withhold $350 million in funding for disaster and emergency response, claiming the government has placed conditions on the funding that exceed its authority.
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October 02, 2025
DHS Blocked From Pulling $233M In Funds From States
A Rhode Island federal judge has temporarily blocked the Trump administration from reallocating $233 million in federal funds away from a coalition of Democratic-led states, the same day an appropriation for the funds was set to expire.
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October 02, 2025
FDA OKs New Generic Abortion Pill, Drawing Conservative Ire
The U.S. Food and Drug Administration has approved a second generic version of the abortion medication mifepristone, prompting outrage from anti-abortion groups and conservative politicians.
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October 02, 2025
Wrongful-Death Damages Cap Case Remanded To Trial Court
A state appellate panel on Thursday cosigned a Georgia Supreme Court opinion ordering a trial judge to reexamine whether a $7.2 million jury award in a medical malpractice case should be reduced to $350,000, saying it incorrectly applied the high court's precedent.
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October 02, 2025
Landlords Will Pay $141M To Exit RealPage Rent Pricing Case
Renters have struck over $141 million in deals with landlord companies that were accused of using property management software RealPage's algorithms to fix rent prices and are now asking a Tennessee federal court to give those settlements its blessing.
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October 02, 2025
Biz Org Says DC Circ. Must Rethink T-Mobile's Privacy Fine
The Chamber of Commerce is throwing its weight behind T-Mobile and Sprint as they ask the full D.C. Circuit to rethink the appellate court's decision not to knock out $92 million in fines the telecoms were slapped with for selling users' sensitive location data even after they knew it was being used inappropriately.
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October 02, 2025
Citing Injunction Ruling, Judge Grants Class Cert. In TPS Suit
A California federal judge on Thursday certified three nationwide classes of immigrants from Honduras, Nicaragua and Nepal who claimed in litigation that Homeland Security Secretary Kristi Noem unlawfully terminated their temporary protected status designations, citing the U.S. Supreme Court's decision limiting lower courts' use of nationwide injunctions.
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October 02, 2025
Full 5th Circ. To Rehear Bid To Void DOT Airline Fees Rule
The full Fifth Circuit Thursday vacated a panel's January ruling that allowed for the redo of a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront and agreed to consider a request from airlines that the rule itself be wiped off the books entirely.
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October 02, 2025
Feds Say Tribes In Ore. Casino Dispute Misconstrued Ruling
The U.S. Department of the Interior has asked a D.C. federal judge to approve its motion for summary judgment and to oppose three tribes' bid for a win in a suit over the agency's decision to take land into trust for another tribe's casino project.
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October 02, 2025
9th Circ. Rebuffs Flagstar's Escrow Interest Preemption Bid
The Ninth Circuit said Thursday that Flagstar Bank still owes a class of mortgage borrowers more than $9 million for unpaid escrow interest under a California law, ruling that a recent U.S. Supreme Court preemption case didn't upset circuit precedent on the issue.
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October 02, 2025
Ad Tech Judge Sees 'Tension' In Google's Economist
A Virginia federal judge told Google's economics expert Thursday that there's "tension" in his assertions that remedies for the company's advertising placement technology monopolies must be narrowly tailored to block the particular anticompetitive findings won by the U.S. Justice Department.
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October 02, 2025
Colo. Healthcare Nonprofit Sues Gov. Over Medicaid Cuts
A Colorado healthcare nonprofit seeks a court order to reverse a recent executive order from Gov. Jared Polis which cut state Medicaid spending to pediatric behavioral therapy and autism therapy services.
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October 02, 2025
University Asks Court To Shield Religious Hiring Practices
A private Christian university has urged a Seattle federal judge to find that a Washington antidiscrimination law infringes on its First Amendment rights to only hire job candidates who share its religious views, pursuing a pretrial win in its case against the state attorney general's office.
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October 02, 2025
FERC Issues Trump-Ordered Rule To Phase Out 53 Regs
The Federal Energy Regulatory Commission has finalized a rule to phase out dozens of its regulations, making it the first, and apparently only, federal agency to fully comply with an executive order to sunset energy-related rules.
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October 02, 2025
'Don't Say Gay' Penguins: Fla. Court Backs Ban On Kids' Book
A Florida school district is free to ban a children's book about two male penguins who adopt a chick under the state's so-called "Don't Say Gay" law, a federal judge ruled, saying the decision does not implicate the First Amendment rights of the book's authors or elementary school readers.
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October 02, 2025
Ex-Fla. Rep Fights To Cut Tax Charges From Lobbying Case
A former Florida congressman on Thursday asked a federal judge in Miami to sever tax evasion charges from a criminal indictment alleging he and a political consultant failed to register as foreign agents while lobbying on behalf of Venezuela's state oil company.
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October 02, 2025
Top Groups Lobbying The FCC
Lobbying at the Federal Communications Commission slowed in September, continuing a late-summer lag, but several groups kept busy on several issues. Here's a look at a few groups that contacted the FCC at least three times during September and a sampling of what they care about.
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October 02, 2025
IRS Data-Sharing Case Won't Be Paused For Gov't Shutdown
The U.S. Department of Justice must still submit court-ordered information in a lawsuit challenging the Internal Revenue Service's sharing of tax data with immigration authorities by Oct. 24, a D.C. federal judge ruled, despite the federal government shutdown that began Wednesday.
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October 02, 2025
IRS Capacity For 2026 In Danger Due To Cuts, TIGTA Warns
Staffing losses at the Internal Revenue Service could cause tax refund delays and allow $360 million in fraudulent returns to go unchecked this coming tax season, the Treasury Inspector General for Tax Administration warned Thursday.
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October 02, 2025
Senate Committee To Vote On Labor Official Nominees Oct. 9
Five candidates vying for roles at the National Labor Relations Board and the U.S. Department of Labor will face the next step of the confirmation process Oct. 9, when a congressional committee will vote on placing their nominations before the U.S. Senate.
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October 02, 2025
Ill. Panel Backs Whistleblower's $3.5M Retaliation Verdict
An Illinois appellate panel on Wednesday affirmed a $3.5 million verdict for a man who claimed he was unlawfully fired from a southern Illinois hospital system for reporting Medicare and Medicaid fraud and abuse, saying jurors saw evidence he and others faced retaliation when they "called attention to what they believed to be unlawful conduct."
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October 02, 2025
Rust-Oleum Buyers' $1.5M Greenwashing Deal Gets Final OK
A California federal judge on Thursday gave her final blessing to a $1.5 million settlement to a class of Rust-Oleum Corp. customers who accused the company of "greenwashing" its cleaning products with representations like "non-toxic" and "Earth Friendly," noting the deal provides significant monetary and nonmonetary benefits to the plaintiffs.
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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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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How Gov't Shutdown Will Affect Federal Health Agencies
Federal health agencies' contingency plans indicate that many major programs will remain insulated from disruption during the ongoing government shutdown, but significant policy proposals will likely be delayed and the Trump administration's emphasis on reduction-in-force plans distinguishes this shutdown from past lapses, says Miranda Franco at Holland & Knight.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
Of note in the third quarter of the year, New York state regulators moved forward on their agendas to limit abuse of electronic banking, including via a settlement with stablecoin issuer Paxos and a lawsuit against Zelle alleging insufficient security measures, says Chris Bonner at Barclay Damon.
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Gauging SEC Short-Sale Rules' Future After 5th Circ. Remand
Though the Fifth Circuit recently remanded to the U.S. Securities and Exchange Commission two Biden-era rules requiring disclosure of securities lending and short-sale activity in order to consider the rules' cumulative economic impact, it's possible they will get reproposed, meaning compliance timelines could change, says Scott Budlong at Barnes & Thornburg.
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How AI Can Find Environmental Risks Before Regulators Do
By using artificial intelligence to analyze public information that regulators collect but find incredibly challenging to connect across agencies and databases, legal teams can identify risks before widespread health impacts occur, rather than waiting for harm to surface — potentially transforming environmental litigation, says Paul Napoli at Napoli Shkolnik.
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High Court Firearm Case Tests Limits Of Double Jeopardy
The U.S. Supreme Court will hear arguments next week on the double jeopardy implications of overlapping federal gun statutes in Barrett v. U.S., and its ultimate decision could either erode a key shield in defense practitioners’ arsenals or provide strong constitutional grounds to challenge duplicative charges, says Sharon Appelbaum at Appelbaum Law.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.
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Calif. Banking Brief: All The Notable Legal Updates In Q3
The third quarter of 2025 brought legislative changes to state money transmission certification requirements and securities law obligations, as well as high-profile accounting and anti-money laundering compliance enforcement actions by the Department of Financial Protection and Innovation, say attorneys at Ropes & Gray.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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Balancing The Risks And Rewards Of Private Equity In 401(k)s
The recent executive order directing government agencies to consider encouraging private equity and other alternative investments in 401(k) plans does not change the fundamental fiduciary calculus or reduce risk, as success with private investments will depend on careful analysis of both participant demand and fiduciary obligations, say attorneys at Jenner & Block.
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What's At Stake In High Court's Ill. Ballot Deadline Case
In Bost v. Illinois State Board of Elections, the U.S. Supreme Court will hear arguments next week on whether and when candidates for office have standing to bring prospective challenges to election laws, raising broader issues about the proper timing of federal court election litigation, say Richard Pildes and Samuel Ozer-Staton at NYU School of Law.
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Kimmel 2nd Circ. Victory Holds Novel Copyright Lessons
The Second Circuit's recent decision in Santos v. Kimmel, dismissing a copyright infringement claim against Kimmel for airing Cameo videos recorded by former U.S. Rep George Santos, examines the unusual situation of copyrighted works created at the request of the alleged infringer, say attorneys at Venable.
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2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers
Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.
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SEC Fine Signals Crackdown On Security-Based Swap Dealers
The U.S. Securities and Exchange Commission's recent fine against MUFG Securities is unique because it involves a non-U.S. security-based swap dealer complying with U.S. laws based on the election of substituted compliance, but it should not be dismissed as a one-off case, says Kelly Rock, formerly at the SEC.