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Public Policy
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November 26, 2025
Justices Urged To Mull 9th Circ. OK Of NLRB Order On Macy's
The Ninth Circuit defied U.S. Supreme Court precedent and opened a circuit split when it upheld a National Labor Relations Board order making Macy's rehire striking workers and dole out novel remedies covering workers' losses, the company argued in a bid for the high court's review.
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November 26, 2025
Up Next At High Court: ISP Liability & State Subpoena Suits
The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court.
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November 26, 2025
USPTO, DOJ Tell ITC To Limit Exceptions In Netlist Case
The U.S. Patent and Trademark Office has joined the U.S. Department of Justice's Antitrust Division to urge the U.S. International Trade Commission to keep exceptions to its exclusion orders narrow, making the statement in Netlist's case accusing Google and Samsung of infringing its computer memory technology patents.
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November 26, 2025
Feds Fight Bid For Warrantless Immigration Arrest Oversight
The Trump administration told a D.C. federal judge Tuesday that a requested injunction related to warrantless civil immigration arrests in the nation's capital would thrust the court into micromanaging disputes over arrests and their documentation.
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November 26, 2025
Fair Housing Org. Fights NY Renovation Program Changes
A fair housing organization alleged in federal court that the New York State Division of Housing and Community Renewal's retroactive enforcement of changes to a renovation program needs to be blocked or participating New York City building owners won't benefit from "hundreds of millions of dollars of investment."
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November 26, 2025
Fla. Pot Legalization Campaign Will Not Appeal Court Order
The sponsor of a proposed ballot initiative seeking to legalize recreational marijuana in Florida said it would not challenge a Tallahassee judge's decision allowing the secretary of state to invalidate roughly 200,000 petition signatures, saying it had collected more than enough to get its initiative before voters.
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November 26, 2025
Squires Says AI Gets No Special Treatment In Patent Process
The U.S. Patent and Trademark Office on Wednesday replaced Biden-administration guidance on the role of artificial intelligence in inventorship with its own, but attorneys say very little changed.
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November 26, 2025
AGs Urge Congress To Reject Trump's Ban On State AI Laws
Attorneys general from 32 states are urging Congress to preserve their ability to pass laws regulating artificial intelligence, contending that the Trump administration's renewed proposal to insert a moratorium into a federal spending bill would leave states powerless in the face of AI-powered scams, harmful chatbot hallucinations and other emerging dangers.
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November 26, 2025
Catholic School Wants To Block Mich. Civil Rights Law
A Catholic school has asked a Michigan federal judge to rule that the state's anti-discrimination law is unconstitutional because it prevents the school from hiring teachers and instructing students in accordance with the church's views on gender and sexuality.
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November 26, 2025
Navajo Court Halts Council's Bid To Oust President Nygren
A Navajo Nation district court has temporarily blocked legislation that would remove President Buu Nygren and Vice President Richelle Montoya from office after the first-in-command argued that allegations within the bill are unproven and equate to a possible unlawful power grab.
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November 26, 2025
Anti-Disinformation Nonprofit Claims FTC Retaliation In Suit
An anti-disinformation nonprofit is suing the Federal Trade Commission over a civil investigation demand it claims was sent in retribution for the group's 2022 media market review that listed conservative outlets like The Daily Wire and The Federalist among its top disinformation-risk sites.
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November 26, 2025
NetChoice Fights Georgia Law On Parental Consent, Ads
Internet trade group NetChoice is urging the Eleventh Circuit to continue blocking the enforcement of a Georgia law that would block social media platforms from allowing minors under 16 from creating accounts without parental permission.
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November 26, 2025
SF Island's Ex-Owner Refutes Wetlands Label At 9th Circ.
The former owner of an island in the San Francisco Bay is asking the Ninth Circuit to reverse a lower court ruling that he illegally destroyed "critical" wetlands without first receiving a Clean Water Act permit.
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November 26, 2025
Justices Delay Copyright Chief Case Until FTC Firing Decision
The U.S. Supreme Court said it will defer ruling on whether the Trump administration's firing of the U.S. Copyright Office leader was legal until the justices resolve cases involving the terminations of a Democratic Federal Trade Commission member and Federal Reserve Gov. Lisa Cook.
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November 26, 2025
RealPage Sues Over NY Rental Pricing Software Law
Property management software company RealPage sued New York's attorney general in federal court, alleging a recently passed state law to prevent building owners from using software to collude on residential rental rates is unnecessary and violates the First Amendment.
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November 26, 2025
Kalshi Challenges Nev. Order Nixing Sports Contract Shield
Kalshi has asked the Ninth Circuit to weigh in on a Nevada federal judge's decision to vacate an earlier order shielding the trading platform's sports event contracts from the state's gaming regulators.
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November 26, 2025
Forest Council Backs Feds In Mont. Logging Project Dispute
The American Forest Resource Council is asking a Montana federal court to allow it to intervene in a challenge by a group of environmental nonprofits over a plan to clear-cut 12,331 acres in the Flathead National Forest, saying its members have economic and protective interests at stake.
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November 26, 2025
Split 6th Circ. Shields Baker Donelson, Not City Councilman
In a published opinion, the Sixth Circuit has found that Baker Donelson Bearman Caldwell & Berkowitz PC is shielded by qualified immunity as outside counsel for the city of Nashville in litigation over the law firm's firing of a city election commission chair and member of the firm.
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November 26, 2025
NTIA Can't Block BEAD's Nondeployment Funds, Dems Say
U.S. House Democrats say a Trump administration policy to withhold funds that states haven't used directly for broadband deployment projects runs afoul of the law creating a $42.5 billion plan to end the digital divide.
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November 26, 2025
Switzerland Delays Crypto Info Swaps With Tax Authorities
Switzerland will not automatically exchange information on cryptocurrency accounts with foreign tax authorities until at least 2027, although rules governing the exchanges are being adopted into law, the country's executive branch said Wednesday.
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November 26, 2025
After Big Win For 2 Trump Foes, A Third Faces 'Tougher Job'
The recent dismissal of federal criminal charges against New York Attorney General Letitia James and former FBI director James Comey does little to help President Donald Trump's ex-national security adviser John Bolton, whose defense in a classified-materials case presents a thornier set of legal and factual issues, experts say.
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November 26, 2025
NJ AG, Comptroller Blast Bill To Strip Agency's Probe Powers
New Jersey Attorney General Matthew Platkin is set to go before lawmakers on Dec. 1 to speak out against a proposed bill aimed removing investigatory powers from the Office of the State Comptroller after calling the proposal "outrageous" on social media.
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November 26, 2025
Gov.-Elect Sherrill Taps Dozens Of Attys For Transition Teams
New Jersey Gov.-elect Mikie Sherrill's recently announced transition teams feature a number of legal professionals from within New Jersey and outside the state working in a variety of roles as she prepares for her term to begin.
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November 26, 2025
Voting Group Fights DOJ's Demand For Michigan Voter Data
The U.S. Department of Justice has not sufficiently justified its demands for Michigan voters' personal information, so a lawsuit seeking the data should be dismissed, the League of Women Voters of Michigan has told a federal judge.
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November 26, 2025
DOJ Says Ex-Employees Can't Challenge Firings In Fed. Court
The government says a D.C. federal court lacks jurisdiction to adjudicate a lawsuit filed by a former assistant U.S. attorney who prosecuted defendants charged in connection with the Jan. 6, 2021, attack on the U.S. Capitol and two other ex-Department of Justice employees, alleging they were unlawfully fired.
Expert Analysis
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Opinion
Ending Quarterly Reporting Would Erode Investor Protection
President Donald Trump recently called for an end to the long-standing practice of corporate quarterly reporting, but doing so would reduce transparency, create information asymmetries, provide more opportunities for corporate fraud and risk increased stock price volatility, while not meaningfully increasing long-term investments, say attorneys at Bleichmar Fonti.
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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Strategies For Defending Banks In Elder Abuse Cases
Several recent cases demonstrate that banks have plenty of tools to defend against claims they were complicit in financial abuse of older adults, but financial institutions should also continue to educate customers about third-party scams before they happen, say attorneys at Troutman.
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AG Watch: Va. Race Spotlights Consumer Protection Priorities
Ahead of the state's attorney general election, Virginia companies should assess how either candidate's approach could affect their compliance posture, with incumbent Jason Miyares promising a business-friendly atmosphere that prioritizes public safety and challenger Jay Jones pledging to focus on economic justice and corporate accountability, says Chuck Slemp at Cozen O’Connor.
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Preparing For What DOD Cybersecurity Audits May Uncover
Defense contractors seeking certification under the U.S. Department of Defense's Cybersecurity Maturity Model Certification program that begins implementation on Nov. 10 may discover previously unknown violations, but there are steps they can take to address any issues before they come to the attention of enforcement authorities, say attorneys at Troutman.
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A Look At Project Crypto's Plans For Digital Asset Regulation
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent announcement of Project Crypto, an agencywide initiative to modernize federal securities regulations, signals a significant shift toward a more flexible regulatory framework that would shape the future of the U.S. digital asset market, say attorneys at WilmerHale.
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Breaking Down The Intersection Of Right-Of-Publicity Law, AI
Jillian Taylor at Blank Rome examines how existing right-of-publicity law governs artificial intelligence-generated voice-overs, deepfakes and deadbots; highlights a recent New York federal court ruling involving AI-generated voice clones; and offers practical guardrails for using AI without violating the right of publicity.
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Civil Maritime Nuclear Sector Poised For Growth, Challenges
The maritime industry now stands on the verge of a nuclear-powered renaissance, with the need for clean energy, resilient power generation and decarbonized logistics driving demand for commercial maritime nuclear technology — but these developments will raise significant new legal, regulatory and technical questions, say attorneys at Holland & Knight.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues
The Trump administration’s recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act’s rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.
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NY AML Rules Get Crypto Rebrand: What It Means For Banks
A recent letter from the New York State Department of Financial Services outlining how banks can use blockchain analytics in anti-money laundering efforts is a reminder that crypto activity is not exempted from banks' role in keeping the financial system safe, says Katherine Lemire at Lankler Siffert.
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What's At Stake At High Court For Presidential Removal Power
Two pending U.S. Supreme Court cases —Trump v. Slaughter and Trump v. Cook — raise fundamental questions about the constitutional separation of powers, threaten the 90-year-old precedent of Humphrey's Executor v. U.S. and will determine the president's authority to control independent federal agencies, says Kolya Glick at Arnold & Porter.
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Using The GHG Protocol For California Climate Reporting
With the California Air Resources Board's recent announcement that entities subject to the state's climate disclosure laws can use the Greenhouse Gas Protocol as a standard for structured, auditable reporting, a review of methods, data sources and disclosures under the protocol is timely for compliance planning, says Thierry Montoya at Frost Brown.
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Employer Considerations As Ill. Ends Mandatory Fact-Finding
Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.
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Courts Are Still Grappling With McDonnell, 9 Years Later
The Seventh and D.C. Circuits’ recent decisions in U.S. v. Weiss and U.S. v. Paitsel, respectively, demonstrate that courts are still struggling to apply the U.S. Supreme Court’s 2016 ruling in McDonnell v. U.S., which narrowed the scope of “official acts” in federal bribery cases, say attorneys at Quinn Emanuel.