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Public Policy
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December 15, 2025
Fed. Court Asked To Block IRS' Microcaptive Reporting Rule
A Texas federal court should vacate an IRS rule aimed at flagging potential tax avoidance by requiring companies to disclose information about their microcaptive insurance transactions because it undermines Congress' authority, according to a Texas plastics company and its microcaptive adviser.
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December 15, 2025
Texas, Toronto Stock Exchanges End Trademark Dispute
The Texas Stock Exchange has buried the hatchet with the Toronto Stock Exchange and ended its suit seeking a court finding that the two exchanges' logos are dissimilar.
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December 15, 2025
11th Circ. Wants Alabama High Court's Help On Voting Law
The Eleventh Circuit balked Monday at ruling on a challenge to Alabama statutes enacted last year which restrict voters from receiving help in applying for an absentee ballot, asking the state's Supreme Court to first try to untangle what it called "not a very clear law."
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December 15, 2025
Atty Seeks To Block Law Banning Fee-Sharing With ABS Firms
The attorney challenging a California law that blocks fee-sharing with out-of-state law firms owned by nonlawyers has petitioned for enforcement of the law to be suspended before it is set to go into effect on Jan. 1.
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December 15, 2025
DC Judge Blocks ICE Plan To Funnel Teens To Adult Detention
A D.C. federal judge blocked a U.S. Immigration and Customs Enforcement policy aimed at transferring people who entered the country as unaccompanied minors into adult immigrant detention centers once they turn 18 and age out of Office of Refugee Resettlement custody.
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December 15, 2025
Sen. Tim Scott's Ex-Chief Of Staff Joins Holland & Hart
Holland & Hart LLP has tapped the former chief of staff for Sen. Tim Scott, R-S.C., to serve as a senior director of federal affairs in the firm's Washington, D.C., office, according to a Monday announcement.
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December 15, 2025
Employee-Related Charges Against Goldstein Are Tossed
A Maryland federal judge has dismissed several charges against SCOTUSblog founder Tom Goldstein related to employees at his law firm, agreeing that prosecutors had failed to establish a clear rule for determining whether employees are legitimate for tax purposes.
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December 15, 2025
PTAB Creates New Prehearing Conference For AIA Reviews
The Patent Trial and Appeal Board has rolled out a change to its trial practice guide that will create a new prehearing conference 15 days prior to oral hearings under the America Invents Act in cases implemented by the U.S. Patent and Trademark Office director.
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December 15, 2025
High Court Will Review Racial Bias In Miss. Jury Strikes
The U.S. Supreme Court agreed on Monday to hear its second case involving the same Mississippi prosecutor's peremptory strikes of Black prospective jurors in a Black defendant's death penalty case — and the same state judge's approval of those strikes.
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December 15, 2025
Court Says Anti-SLAPP Doesn't Shield Facebook Insult Of Atty
The Massachusetts Appeals Court on Monday ruled that the state's anti-SLAPP law does not cover a Facebook insult hurled at an attorney on a local political page, though the court still held that the lawyer cannot sue over the online slight.
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December 12, 2025
1st Circ. OKs Barring Medicaid Planned Parenthood Coverage
A First Circuit panel on Friday upheld the Trump administration's ban on Medicaid funding for Planned Parenthood, vacating a lower court's order that would've kept in place Medicaid reimbursements for Planned Parenthood clinics in 22 states.
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December 12, 2025
Live Nation Consumers Get Class Certified In Antitrust Case
A California federal judge Friday certified a class of consumers accusing Live Nation of monopolizing the live entertainment industry, rejecting the company's argument that there aren't common issues that predominate over individual ones and adopting a tentative ruling he issued earlier this month.
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December 12, 2025
Reddit Fights Australia's Social Media Ban For Kids Under 16
Global online discussion forum Reddit on Thursday launched a legal challenge to Australia's first-of-its-kind law prohibiting children under 16 from creating accounts on nearly a dozen popular social media platforms, telling the country's top court that the measure illegally restrains minors' political communications and that there are "less restrictive" ways to protect kids online.
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December 12, 2025
Fired MSPB Member Urges Full DC Circ. To Rehear Case
A D.C. Circuit panel based its decision to uphold Merit Systems Protection Board member Cathy Harris' firing on a mischaracterization of the agency, Harris argued Friday to the full D.C. Circuit, asking the en banc court to override the decision, bring her back to work and preserve MSPB members' job protections.
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December 12, 2025
Texas Justices Broaden Protections For Road Contractors
The Texas Supreme Court ruled Friday that contractors doing work superintended by the state Department of Transportation may be able to avoid personal injury liability, reasoning that an appellate panel erroneously found the department had to hire the contractors for the statute's protections to apply.
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December 12, 2025
Mich. High Court Backs Rejection Of Farmwork Comp Suit
A closely divided Michigan Supreme Court on Friday let stand a lower appellate court holding that a nonprofit's legal challenge to a state policy denying workers' compensation pay to unauthorized immigrants was filed too late.
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December 12, 2025
Wash. Fines Insurer $350K For 'Sharing Ministry' Health Plans
Washington Insurance Commissioner Patty Kuderer has announced a $350,000 fine against a Texas-based insurer and other businesses over "healthcare sharing ministry" memberships that her office claimed violated state law by excluding coverage of preexisting conditions and services such as abortion.
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December 12, 2025
Squires Institutes 7 AIA Reviews, Denies 12 Other Petitions
U.S. Patent and Trademark Office Director John Squires has instituted seven America Invents Act reviews in the second round of cases where he has found that patent challenges warrant consideration since taking over the institution process.
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December 12, 2025
30 Years On, PSLRA Debates Still Rage In Securities Cases
Thirty years ago this month, Congress overrode a presidential veto to enact a law that changed the landscape of shareholder class action lawsuits. How the Private Securities Litigation Reform Act will continue to change that landscape remains a live issue as courts continue to wrestle with the question of how investors can prove that they've been injured by alleged corporate malfeasance.
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December 12, 2025
Senate Passes Bill To Consolidate VA Procurement
The U.S. Senate unanimously passed a bill on Thursday that would create a centralized office in the U.S. Department of Veterans Affairs to oversee major acquisition programs and overhaul the agency's contracting processes.
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December 12, 2025
CFTC Drops 'Outdated' Crypto Guidance On Actual Delivery
The Commodity Futures Trading Commission has withdrawn what it called "outdated" guidance on the actual delivery of cryptocurrency, to be more in line with recommendations from the President's Working Group on Digital Asset Markets, and has issued no-action letters to several prediction market platforms.
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December 12, 2025
Wash. Justices Retroactively Lower Bar Exam's Passing Score
As Washington state is preparing to transition to a new bar exam, its Supreme Court has ordered a retroactive adjustment to the current exam's minimum passing score, making an estimated hundred-plus law school graduates who narrowly failed in recent years newly eligible for admission to practice law.
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December 12, 2025
Bill Would Let Fed Workers Use Uniformed Services Works
Federal lawmakers have introduced a copyright bill to the U.S. House of Representatives that would give employees of the federal government permission to use literary works produced by civilian members of the Uniformed Services University of the Health Sciences for work and other purposes.
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December 12, 2025
Full 3rd Circ. Will Review NJ 'Sensitive Places' Gun Law
The Third Circuit has agreed to rehear en banc a high‑profile challenge to New Jersey's firearms law, vacating a September panel decision that upheld major portions of the state's sweeping "sensitive places" restrictions while striking down others.
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December 12, 2025
Dropped FTC Complaint: Pepsi Gave Walmart A 'Price Gap'
The Federal Trade Commission's newly unsealed New York federal court complaint confirms that the agency had accused Pepsi of favoring Walmart, until the newly Republican-controlled FTC abandoned the lawsuit alleging the soda giant both gave Walmart discounts denied others and actively sought to raise Walmart's rivals' own prices.
Expert Analysis
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6 Shifts In Trump Tax Law May Lend A Hand To M&A Strategy
Changes in the Trump administration's recent One Big Beautiful Bill Act stand to create a more favorable environment for mergers and acquisitions, including full bonus depreciation and an expanded code section, say attorneys at K&L Gates.
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Trends In Post-Grant Practice Since USPTO Denial Guidance
Six months after the U.S. Patent and Trademark Office updated its guidance on discretionary denial of inter partes review and post-grant review, noteworthy trends in denial statistics have emerged, warranting a reassessment of strategies for parallel proceedings, says Andrew Ramos at Bayes.
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Examining The Quietest EEOC Enforcement Year In A Decade
The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.
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Transource Ruling Affirms FERC's Grid Planning Authority
The Third Circuit's recent decision in Transource Pennsylvania v. DeFrank, reversing a state agency's denial of an electric transmission facility permit, provides a check on states' ability to veto needed power projects, and is a resounding endorsement of the Federal Energy Regulatory Commission's regional transmission planning authority, say attorneys at Wilson Sonsini.
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Assessing The Future Of The HIPAA Reproductive Health Rule
In light of a Texas federal court's recent decision to strike down a U.S. Department of Health and Human Services rule aimed to protect the privacy of patients seeking abortions and gender-affirming care, entities are at least temporarily relieved from compliance obligations, but tensions are likely to continue for the foreseeable future, says Liz Heddleston at Woods Rogers.
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State Paid Leave Laws Are Changing Employer Obligations
A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.
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How Crypto Embrace Will Affect Banks And Credit Unions
The second Trump administration has moved aggressively to promote crypto-friendly reforms and initiatives, and as the embrace of stablecoins and distributed ledger technology grows, community banks and credit unions should think strategically as to how they might use these innovations to best serve their customers, says Jay Spruill at Woods Rogers.
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In NY, Long COVID (Tolling) Still Applies
A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.
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Navigating The SEC's Evolving Foreign Private Issuer Regime
As the U.S. Securities and Exchange Commission reevaluates foreign private issuer eligibility, FPIs face not only incremental compliance costs but also a potential reshaping of listing strategies, capital access, enforcement exposure and global regulatory coordination, potential unintended effects that deserve further exploration, say attorneys at Simpson Thacher.
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New Conn. Real Estate Laws Will Reshape Housing Landscape
With new legislation tackling Connecticut's real estate landscape, introducing critical new requirements and legal ambiguities that demand careful interpretation, legal counsel will have to navigate a significantly altered and more complex regulatory environment, say attorneys at Harris Beach.
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USPTO Under Squires: A Look At The First Month
New U.S. Patent and Trademark Office Director John Squires' opening acts — substantive and symbolic — signal a posture that is more welcoming to technological improvements and focused on rebalancing the office's gatekeeping role, say attorneys at Seyfarth.
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Iran Sanctions Snapback Raises Global Compliance Risks
The reimplementation of U.N. sanctions targeting Iran’s nuclear program, under a Security Council resolution's snapback mechanism, and related actions in Europe and the U.K., may change U.S. due diligence expectations and enforcement policies, particularly as they apply to non-U.S. businesses that do business with Iran, says John Sandage at Berliner Corcoran.
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Hermes Bags Antitrust Win That Clarifies Luxury Tying Claims
A California federal court recently found that absent actual harm to competition in the market for ancillary products, Hermes may make access to the Birkin bag contingent on other purchases, establishing that selective sales tactics and scarcity do not automatically violate U.S. antitrust law, say attorneys at Holland & Knight.
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Glimmers Of Clarity Appear Amid Open Banking Disarray
The Consumer Financial Protection Bureau's vacillation over data rights rules has created uncertainty, but a recent proposal is a strong signal that open banking regulations are here to stay, making now the ideal time for entities to take action to decrease compliance risk, says Adam Maarec at McGlinchey Stafford.
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Opinion
High Court, Not A Single Justice, Should Decide On Recusal
As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.