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November 21, 2025
Real Estate Recap: REIT Reporting, Defining Water
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including reactions from real estate attorneys in two areas primed for deregulation.
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November 21, 2025
SEIU Unit Fights Hospital Worker's Firing Over Pot Test
A Service Employees International Union unit said an Ohio hospital must comply with an arbitrator's order to rescind its write-up of a worker who tested positive for cannabis use after a random drug test, telling a federal court Thursday in a suit that a prior effort to clean a worker's slate was successful.
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November 21, 2025
Justices Urged To Uphold $268M Tax Break For Truck Co.
The U.S. Supreme Court should let stand the denial of $268 million in excise tax exemptions for a Tennessee truck company, the federal government urged, saying the case doesn't meet any of the traditional requirements for high court review and raises an isolated issue.
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November 21, 2025
Full 6th Circ. Won't Rehear FirstEnergy Investors' Appeal
The Sixth Circuit on Friday denied a request for a rehearing en banc of a ruling blocking FirstEnergy investors from accessing documents prepared by BigLaw firms investigating the company's $1 billion bribery scandal, after previously denying a panel rehearing and a motion for clarification on the ruling.
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November 20, 2025
FirstEnergy Must Pay $250M In Ohio Bribery Scandal Fallout
FirstEnergy Corp.'s Ohio utilities were ordered to pay a combined $250.7 million in restitution to customers and civil forfeitures by the Public Utilities Commission of Ohio as part of the commission's investigation in response to the massive bribery scheme behind a $1.3 billion bailout for two nuclear energy plants.
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November 20, 2025
Bricker Graydon, Wyatt Tarrant Firms To Merge
Ohio-based firm Bricker Graydon LLP announced Thursday it is merging with Kentucky-based Wyatt Tarrant & Combs LLP to form Bricker Graydon Wyatt, which will have an estimated 325 attorneys across four states.
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November 20, 2025
State Of NIL Play At High Schools
An Ohio state judge's temporary halt of a policy barring name, image and likeness compensation for high school athletes may have the domino effect of wiping out the ban in the handful of states that still have it. Here, Law360 takes a look at the holdout states and the legislative and bylaw changes they are contemplating to lift the ban.
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November 19, 2025
Libby Parent Accuses OpenAI Of Infringing TM With Sora App
OverDrive Inc., the company behind the popular library app Libby, has accused OpenAI's Sora app of infringing its student library app Sora, claiming that it damages the integrity of its brand and could confuse and harm the children who use its collection of ebooks, audiobooks and read-alongs.
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November 19, 2025
First Financial Says Medical Device Maker Owes $13.6M
Ohio-based First Financial Bank asked a Connecticut federal court for a judgment saying it is owed at least $13.6 million after a medical and aerospace device manufacturer breached multiple loan agreements before telling the bank it was insolvent.
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November 19, 2025
6th Circ. Won't Explain Docs Ruling To FirstEnergy Investors
The Sixth Circuit on Wednesday denied a request from FirstEnergy investors to clarify a ruling blocking them from accessing documents prepared by BigLaw firms investigating the company's $1 billion bribery scandal.
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November 19, 2025
Ex-Detroit Riverfront CFO Fights 19-Year Embezzling Sentence
A former executive who pled guilty to stealing more than $40 million from the Detroit Riverfront Conservancy told the Sixth Circuit his sentence should not be based on the length of time he worked for the organization or Detroit's past economic struggles.
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November 19, 2025
Cintas Corp. Owes Wash. Workers OT And Breaks, Suit Says
Cintas Corp., which provides supplies and services to businesses, routinely shortchanged Washington-based employees on rest and meal breaks, sick leave, overtime pay and other wages, according a proposed class action the employer took to federal court in the Evergreen State on Tuesday.
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November 18, 2025
CFPB's Gradler Takes Deputy Post Amid Agency Uncertainty
Geof Gradler, a former industry lobbyist who recently joined the Consumer Financial Protection Bureau's front office, said that he is taking over as the agency's deputy director, a job that positions him as a potential successor to acting director Russell Vought.
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November 18, 2025
6th Circ. Revives Deadly Force Suit Against Mich. Police
A divided Sixth Circuit panel found Tuesday that a pair of Lansing, Michigan, police officers are not entitled to qualified immunity for shooting and killing a man outside his home, reviving an excessive force claim against the officers.
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November 18, 2025
DSW Faces Sony IP Suit Amid Jurisdictional Issues For Others
A California federal judge has ruled that Sony Music Entertainment and other music companies can proceed with a lawsuit that accuses DSW Shoe Warehouse of infringing song copyrights with social media ads, but the plaintiffs must do more to establish jurisdiction over other defendants.
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November 17, 2025
Clothier Loft Tied Up In Latest Wash. Spam Email Suit
Women's apparel brand Loft is facing a proposed class action in Seattle federal court accusing the company of misleading Washington shoppers through false or misleading subject lines on marketing emails, adding to a string of suits filed in recent months under the state's Commercial Electronic Mail Act.
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November 17, 2025
Ohio Asks To Revive Google Common Carrier Case
The Ohio Attorney General's Office told a state appeals court that Google's search engine meets all the requirements to be declared a common carrier, arguing that a lower court misapplied the law by failing to see information as a good that can be transported.
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November 17, 2025
ABA Decries Lawmaker Calls For Impeachments Of Judges
The American Bar Association said on Monday it's "alarmed" by lawmakers' interest in impeaching judges just because they don't like their rulings.
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November 17, 2025
Tucker Ellis Names New Leaders In Cleveland, Chicago
Tucker Ellis LLP on Monday named new office leaders in Cleveland and Chicago, selecting the former head of the firm's finance group and a national food and beverage industry leader for the roles.
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November 14, 2025
FirstEnergy Investors Ask Again For 6th Circ. Clarification
A week after the Sixth Circuit declined to reconsider a ruling blocking FirstEnergy investors from accessing documents prepared by BigLaw firms investigating the company's $1 billion bribery scandal, investors have once again asked the court to clarify its decision, arguing that it is "premised on a clear error of fact."
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November 14, 2025
Real Estate Recap: Public RMBS Revival?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a U.S. Securities and Exchange Commission veteran's view into how public offerings of residential mortgage-backed securities could return for the first time since financial crisis-era reforms.
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November 14, 2025
How To Kill A Person: A Legal Battle Over Execution Methods
As botched executions pile up and states reach for untested methods like nitrogen hypoxia, prisoners are turning to the courts for a say in how they will die — and are being met with a legal framework stacked against finding execution methods unconstitutional.
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November 14, 2025
Ohio Panel Revives Brain Injury Suit Tossed As Untimely
An Ohio appeals court on Friday reinstated a woman's medical malpractice claim alleging she suffered a brain injury as a result of a failed intubation, saying the trial court was too hasty in determining that her claims were filed outside the state's one-year statute of limitations.
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November 14, 2025
Ohio Panel Voids Drug Conviction Over Plea Agreement Errors
An appeals panel in Ohio has tossed a man's plea agreement, conviction and sentence for various drug charges after it found he was not advised that the deal would require him to complete probation after his prison sentence.
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November 14, 2025
DC Circ. Urged To Block Trump Org. From IRS Leaker's Appeal
President Donald Trump's private business organization should not be allowed to intervene in a former IRS contractor's challenge to his prison sentence for leaking Trump's and other wealthy people's tax returns, the contractor told the D.C. Circuit, saying the organization's participation would unfairly bias the court.
Expert Analysis
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.
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6th Circ. FirstEnergy Ruling Protects Key Legal Privileges
The Sixth Circuit’s recent grant of mandamus relief in In re: First Energy Corp. confirms that the attorney-client privilege and work-product protections apply to internal investigation materials, ultimately advancing the public interest, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Client Service
Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.
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Loper Bright's Evolving Application In Labor Case Appeals
Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.
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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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What 2 Recent Rulings Mean For Trafficking Liability Coverage
Two recent federal district court decisions add to a growing number of courts concluding that Trafficking Victims Protection Reauthorization Act claims may trigger coverage under commercial general liability policies, rejecting insurer arguments regarding public policy and exclusion defenses, says Joe Cole at Shumaker.
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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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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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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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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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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Assessing Legal, Regulatory Hurdles Of Healthcare Offshoring
The offshoring of administrative, nonclinical functions has emerged as an increasingly attractive option for healthcare companies seeking to reduce costs, but this presents challenges in navigating the web of state restrictions on the access or storage of patient data outside the U.S., say attorneys at McDermott.
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Utilizing 6th Circ.'s Expanded Internal Investigation Protection
A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.