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Washington
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September 22, 2025
Feds Say Banning Canadian CEO From US Was Legal
The federal government is urging a Washington federal court to throw out a suit from Eteros Technologies USA Inc. and its officers claiming U.S. Customs and Border Protection wrongly deported and revoked their trusted traveler status over the company's cannabis-related merchandise, saying CBP's actions are in keeping with federal law.
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September 19, 2025
Trump Tags H-1B Visa Apps With $100,000 Fee
President Donald Trump on Friday signed an executive order to impose a $100,000 fee for H-1B visas, framing it as a "restriction on entry" necessary to stem the entry of high-skilled foreign workers, particularly in science and technology fields.
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September 19, 2025
Real Estate Recap: Rate Cut, REIT Rules, Construction Debt
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including reactions to the Fed's interest rate cut, new guidance for states reviewing securities issued by public nonlisted real estate investment trusts, and a look at the banks with the most construction debt.
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September 19, 2025
Gov't Must Keep Waiting To Pursue Oil Cleanup Claims
A Washington federal judge will continue to pause the U.S. government's claims against two defendants in an environmental cleanup case following a 2021 incident in which a derelict fishing vessel ran aground while being towed off the California coast.
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September 19, 2025
9th Circ.: Feds Can't Give Up On 'Unclaimed' Hearing Notices
The Ninth Circuit has ruled the government cannot merely "throw up its hands and do nothing" when it learns a removal hearing notice has been returned unclaimed, vacating a lower court's denial of a Mexican immigrant's dismissal bid in a case accusing him of reentering the United States illegally.
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September 19, 2025
Justices Asked To Review Optional NAR Rule In Zillow Case
A defunct brokerage platform is asking the U.S. Supreme Court to review its case accusing Zillow and the National Association of Realtors of stamping out competition by using the trade association's optional rule to relegate outside home listings to a secondary tab on Zillow's site.
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September 19, 2025
Beneficiaries Dispute Aviation Exclusion In Fatal Crash Row
Two beneficiaries under separate Prudential life insurance policies issued for an aviation company's pilots told a Washington federal court that they were wrongly denied benefits after their partners died in a plane crash, arguing an "aviation exclusion" either doesn't apply or should be stricken altogether.
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September 19, 2025
Wash. Biz Owner Sexually Harassed Bikini Baristas, AG Says
The owner of several Seattle-area "bikini barista" espresso stands has been hit with a sweeping employment discrimination suit claiming he made women strip naked in front of him during job interviews, provide sexual favors to keep their hours and get paid, and perform similar nude "shows" for customers.
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September 19, 2025
CDC Panel Urges Caution On COVID Vax, Punts On Hep B
A panel of advisers at the Centers for Disease Control and Prevention on Friday voted unanimously to recommend that people receiving the COVID-19 vaccine this season do so only after discussing it with their health providers.
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September 18, 2025
Starbucks Accused Of Not Paying For 'Restrictive' Dress Code
Starbucks employees from Colorado, Illinois and California on Wednesday launched legal actions against the coffeehouse giant for allegedly refusing to reimburse them for clothing and shoes despite requiring a new dress code.
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September 18, 2025
Amazon Must Face Buyers' Antitrust Suit Over Pricing Policy
A Manhattan federal judge on Thursday allowed consumers' lawsuit targeting a policy Amazon had in place until March 2019 that restricted sellers from offering cheaper prices elsewhere to proceed under antitrust and consumer protection laws in 25 states, but tossed claims brought under Kansas, Mississippi, Missouri and Tennessee laws.
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September 18, 2025
Wash. Panel Calls Gas Station Co.'s Insurance Delay Risky
Whether gas station operator Gull Industries Inc. is entitled to legal defense costs from Granite State Insurance Co. in long-running litigation over the company's environmental liability may ultimately boil down to timing, Washington state appellate judges suggested at a hearing Thursday.
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September 18, 2025
FTC Greenlights Amazon Prime Trial For Next Week
A Seattle federal judge has cleared the Federal Trade Commission's consumer protection case against Amazon to go to trial on Monday, finding the company violated at least one requirement of an e-commerce law, yet jurors must still decide if it clearly disclosed Prime subscription terms to users and offered simple cancellation methods.
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September 18, 2025
Feds Hit With Protest Over Project Labor Deal Requirement
A joint venture sued the federal government in the U.S. Court of Federal Claims, saying the Navy's requirement that companies enter into a project labor agreement with a labor union to be considered for a construction project contract violated federal law.
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September 18, 2025
9th Circ. Won't Stay Venezuelans' TPS Win Amid Feds' Appeal
The Ninth Circuit denied on Wednesday the Trump administration's latest emergency-stay request, which would have let the government continue to unwind temporary protected status for 600,000 Venezuelans as it challenges its summary-judgment loss on appeal, rejecting the government's argument that the U.S. Supreme Court's prior stay ruling in the case controls.
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September 18, 2025
AI Firm's Ex-CTO Barred From Using Trade Secrets
A Washington federal judge has barred an artificial intelligence startup's former chief technology officer from using trade secrets to hurt the company, making disparaging statements about it or contacting the company's current or prospective customers.
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September 18, 2025
Apple Affiliate Can't Ax Classes After Wage Trial, Court Told
An Apple-affiliated repair company cannot undo five classes in a wage and hour suit that snagged a nearly $840,000 win for employees, the workers told a North Carolina federal court, arguing the company's decertification request is a "Hail Mary" attempt to delay its appeal.
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September 18, 2025
1st Circ. Won't Lift Block On HHS Job, Program Cuts
The First Circuit on Wednesday rejected a bid by the Trump administration to let it move ahead with cutting 10,000 jobs and end a number of programs at the U.S. Department of Health and Human Services while it appeals a Rhode Island federal judge's order temporarily barring the plan.
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September 18, 2025
Chinook Tribe Asks High Court To Reverse Recognition Denial
The Chinook Indian Nation is asking the U.S. Supreme Court to undo a Ninth Circuit order that denied the tribe federal recognition, arguing that the appellate court misinterpreted a law that lays a path for the status through judiciary or regulatory decisions.
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September 17, 2025
'It Doesn't Look Good': CoComelon Foe Faces Uphill IP Fight
Ninth Circuit panel judges doubted Wednesday a Chinese company's appeal of its $23.4 million copyright-trial loss to the maker of the children's YouTube channel CoComelon, with one judge telling counsel "it doesn't look good for you," and another observing he's "never seen copying evidence quite as compelling as this record."
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September 17, 2025
9th Circ. Judge Hints At Upholding Seattle Housing Ordinance
A Ninth Circuit judge suggested on Wednesday that a waiver provision written into a Seattle affordable housing policy is enough to "save" the ordinance from a homeowner's constitutional claim that it kept her from realizing her property's full value by adding townhomes.
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September 17, 2025
9th Circ. Denies Appeal Of Wash. Anti-Vaxxers' Med Board Suit
The Ninth Circuit on Wednesday rejected an appeal brought by Robert F. Kennedy Jr. on behalf of anti-vaxxers challenging a Washington state medical board's disciplinary proceedings against doctors who allegedly spread false information about COVID-19.
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September 17, 2025
Boeing, DOJ Say FAA Fines Don't Sway Conspiracy Case
Boeing and the federal government have told a Texas federal judge that the Federal Aviation Administration's recent proposal to fine Boeing $3.1 million for safety violations shouldn't factor into the 737 Max 8 criminal conspiracy case they're hoping to have wiped from the docket.
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September 17, 2025
9th Circ. Seems Split On School Principal's Free Speech Suit
A Ninth Circuit panel appeared split on Wednesday over a Washington state public school employee's claims that he was unfairly punished for a political rant on Facebook, with one judge pushing back on his stance that he was speaking privately while also balking at the district's position that the post was disruptive.
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September 17, 2025
Tribal Members Tell 9th Circ. Tariff Suit Belongs In Fed. Court
Counsel for members of the Blackfeet Nation tribe told the Ninth Circuit on Wednesday their suit challenging President Donald Trump's emergency tariffs should stay in federal district courts, where constitutional and congressional claims over tribal commerce must be heard.
Expert Analysis
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Justices Rethink Minimum Contacts For Foreign Entities
Two recent U.S. Supreme Court decisions, Devas v. Antrix and Fuld v. Palestine Liberation Organization, suggest that federal statutes may confer personal jurisdiction over foreign entities that have little to no contact with the U.S. — a significant departure from traditional due process principles, says Gary Shaw at Pillsbury.
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Gauging The Risky Business Of Business Risk Disclosures
With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Birthright Opinions Reveal Views On Rule 23(b)(2) Relief
The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Plan For Increased HSR Info Sharing With Wash. Antitrust Law
Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.
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How High Court Ruling Can Aid Judgment Enforcement In US
In CC/Devas (Mauritius) v. Antrix, a unanimous U.S. Supreme Court recently ruled that only two steps are required to keep a foreign sovereign in federal court, making it a little easier for investors to successfully bring foreign states and sovereign-owned and -controlled entities into U.S. courts, says Kristie Blase at Felicello Law.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.