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Public Policy
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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 Rules For Taxing Foreign Gov't 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.
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December 11, 2025
House Panel Advances Nearly 20 Bills To Protect Kids Online
A package of 18 bills that propose using methods such age verification mandates, government-run studies and educational campaigns to enhance online safeguards for children passed through a House subcommittee Thursday, despite concerns from Democrats that the measures wouldn't be enough to counter recent moves to reduce the roles of states and the Federal Trade Commission in this space.
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December 11, 2025
DoorDash, Uber Sue NYC To Block Checkout Tip Prompt Law
DoorDash and Uber Eats filed suit together Thursday in Manhattan federal court, seeking to block two New York City laws that the food delivery companies say force them to solicit tips before or as customers check out, in an alleged violation of the companies' constitutional rights.
Expert Analysis
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10 Commandments For Agentic AI Tools In The Legal Industry
Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.
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New Drug Ad Regs Could Lead To A Less Informed Public
A federal push to mandate full safety warnings in pharmaceutical advertising could make drug ads less appealing for companies to air, which in turn could negatively affect consumers' health decisions by removing an accessible information source, say Punam Keller at Dartmouth College and Ceren Canal Aruoba at Berkeley Research Group.
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10th Circ. Decision May Complicate Lending In Colorado
The Tenth Circuit's decision last month in National Association of Industrial Bankers v. Weiser clears the way for interest rate limits on all consumer lending in Colorado, including loans from out-of-state banks, potentially adding new complexities to lending to Colorado residents, say attorneys at Manatt.
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What Trump's Scientific Discovery AI Order Will Mean For Cos.
Although private organizations will not see an immediate change in their compliance obligations from President Trump's recent executive order establishing a government effort to use artificial intelligence to accelerate scientific discovery, large enterprises and critical infrastructure operators will face pressure to demonstrate that their AI practices are comparable, says Shawn Tuma at Spencer Fane.
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Opinion
California Vapor Intrusion Policy Should Focus On Site Risks
As California environmental regulators consider whether to change the attenuation factor used in screenings for vapor intrusion, the most prudent path forward is to keep the current value for screening purposes, while using site-specific, risk-based numbers for cleanup and closure targets, says Thierry Montoya at Frost Brown.
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Series
Preaching Makes Me A Better Lawyer
Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.
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A Look At Middlemen Fees In 340B Drug Discount Program
A U.S. Senate committee's recent hearing on the Section 340B drug discount program, along with statistical analysis of payment amounts, contribute to a growing consensus that middlemen fees are too high, say William Sarraille at the University of Maryland, and Shanyue Zeng and Rory Martin at IQVIA.
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State, Federal Incentives Heat Up Geothermal Projects
Geothermal energy can now benefit from dramatically accelerated permitting for development on federal land as well as state-level renewable energy portfolio standards — but operating in the complex legal framework surrounding geothermal projects requires successful navigation of complex water rights and environmental regulations, say attorneys at Holland & Hart.
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FTC Focus: Amazon's $2.5B Pact Broadens Regulatory Span
Amazon's $2.5 billion deal with the Federal Trade Commission offers takeaways for counsel managing risk across both consumer protection and competition portfolios, including that design strategies once evaluated solely for conversion may now be scrutinized for their competitive effects, say attorneys at Proskauer.
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Minn. Financial Abuse Law Should Prompt Operational Review
A new Minnesota law targeting the financial exploitation of vulnerable adults with an order-for-protection mechanism will affect multiple functions across banking organizations, and in the time remaining in 2025, banks should take action to update any needed workflow and documentation protocols, say attorneys at Winthrop & Weinstine.
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SEC Penalties Trended Down In FY 2025, Offering 2026 Clues
The U.S. Securities and Exchange Commission's settled corporate penalties in fiscal year 2025 show a clear dividing line, as the largest penalties all came before Inauguration Day, a trend that may continue as the types of cases that lead to the biggest penalties seem to be no longer favored by the commissioners, say attorneys at Dentons.
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Series
Law School's Missed Lessons: Practicing Client-Led Litigation
New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.
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Navigating 2025's Post-Grant Proceeding Shakeups
Extensive changes to the U.S. Patent Trial and Appeal Board's post-grant proceedings this year, including the new settled expectations factor and revitalization of Fintiv factors, require petitioners and patent owners alike to be mindful when selecting patents to assert and challenge, say attorneys at Quinn Emanuel.
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Perspectives
Asylum Pretermission Ruling Erodes Procedural Protections
A recent Board of Immigration Appeals decision permitting immigration judges to dismiss asylum applications without notice or evidentiary hearings adopts the civil court's summary judgment mechanism without the procedural protections that make summary judgment fair, says Georgianna Pisano Goetz at GHIRP.
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What To Expect From DOD's Acquisitions Revamp
The U.S. Department of Defense’s recently announced reshuffling of offices and changes to approval processes aimed at streamlining acquisitions and foreign military sales could materially reshape how contractors position themselves, structure bids and manage compliance, say attorneys at Morgan Lewis.