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Public Policy
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December 04, 2025
Squires Clarifies Points On Patent Eligibility Declarations
U.S. Patent and Trademark Office Director John Squires is reminding applicants that they can file declarations explaining why their patents are eligible under Section 101 of the Patent Act and that examiners need to consider them when filed.
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December 04, 2025
Kalshi Sues Conn. Over Online Gambling Enforcement Case
Derivatives exchange KalshiEX LLC has sued the Connecticut Department of Consumer Protection and its leaders over a cease-and-desist order issued by the department directing Kalshi to stop operations within the state.
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December 04, 2025
Gov't Watchdog To Probe FHFA Mortgage Fraud Referrals
The Government Accountability Office will review whether Federal Housing Finance Agency Director William Pulte weaponized mortgage fraud investigations against the president's perceived political opponents and flouted the agency's typical investigation process.
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December 04, 2025
Trump Admin. Slashes Work Permit Validity To 18 Months
U.S. Citizenship and Immigration Services on Thursday said work permits will only be valid for 18 months rather than five years for some categories of immigrants, including refugees, asylees and those granted withholding of removal.
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December 04, 2025
Kimmel Brouhaha Brings Out Levity At DC's 'Telecom Prom'
ABC late-night host Jimmy Kimmel's roller coaster ride at the hands of the Federal Communications Commission took center stage Wednesday at a light-hearted Washington dinner for telecom lawyers, as FCC Chair Brendan Carr served up a comedic bit over the controversy that followed Kimmel's recent war of words with the agency chief.
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December 04, 2025
9th Circ. Says Species' Competing Interests Impact ESA Cases
The Ninth Circuit has ruled that when a court-ordered injunction would protect one animal or plant covered by the Endangered Species Act but harm another, the court must weigh their "competing" interests before taking action.
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December 04, 2025
Senate Impeachment Hearing On Judges Likely In January
The Senate hearing on impeachment of "rogue" judges is likely going to be rescheduled for January, Sen. Ted Cruz, R-Texas, who will be chairing the hearing, told Law360 on Thursday.
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December 04, 2025
EU To Probe Meta's WhatsApp Restrictions On AI Providers
European enforcers have launched an investigation into recent changes Meta made to its WhatsApp policies over concerns that they block artificial intelligence providers from communicating with their users on the messaging platform.
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December 04, 2025
Dem Lawmakers Push Equity-Focused Cannabis Reforms
A group of Democratic Congress members on Thursday unveiled a proposed U.S. House of Representatives resolution urging Congress to push policies strengthening equity in the state-regulated marijuana markets and for the U.S. to encourage international drug reform.
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December 04, 2025
NY Fed. Court Urged To Vacate ICE's Courthouse Arrest Policy
Two New York-based nonprofit organizations that provide immigration and settlement services are urging a federal court to halt arrests of noncitizens at immigration courts, while the Trump administration has responded that such arrests are discretionary decisions outside the court's purview.
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December 04, 2025
CDC Vaccine Committee Punts Hepatitis B Vote Again
Federal vaccine advisers on Thursday put off a vote on changing guidelines for a long-used hepatitis B vaccine for infants, delaying again a decision expected to have wide-ranging ramifications for national childhood vaccine policy in the U.S.
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December 04, 2025
Fla. High Court Backs University Control Over Nonprofit
The Florida Supreme Court on Thursday ruled that a university can control a research nonprofit's budget and approve its board members, saying a state law doesn't impair a memorandum of understanding between the two parties.
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December 04, 2025
BREAKING: Supreme Court Allows Texas Redistricting For Now
The U.S. Supreme Court gave Texas a green light Thursday to adopt its redrawn congressional map ahead of the 2026 midterm elections, staying a decision by the lower court that blocked the new maps as the case plays out.
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December 04, 2025
9th Circ. To Decide Agents' Immunity In Fatal Ariz. Shooting
An Arizona federal judge has agreed to let three U.S. Customs and Border Patrol agents pause a lawsuit against them until the Ninth Circuit weighs in on whether they are immune from the suit claiming they wrongfully shot and killed a Tohono O'odham Nation man.
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December 04, 2025
Credit Bureaus Can't Duck Suit Over Excluded Medical Debt
A California federal judge has found that Equifax, Experian and TransUnion must face key parts of a rejiggered proposed antitrust class action from medical practices and collection agencies targeting the credit reporting agencies' decision to exclude medical debt under $500 from consumer credit reports.
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December 04, 2025
Mass. Justices Unlikely To Revive Verizon Tower Suit
Justices on Massachusetts' highest court appeared unlikely to second-guess a local health board's decision to drop an enforcement action against Verizon over perceived health effects from a cell tower after the telecom filed suit.
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December 04, 2025
LA Fitness Says FTC Can't Expand Online Shopping Law
LA Fitness urged a California federal judge to dismiss the Federal Trade Commission's lawsuit alleging the gym has burdensome cancellation methods, arguing Wednesday that it fails to state a claim under the Restore Online Shoppers' Confidence Act, which doesn't apply to brick-and-mortar businesses and only regulates online commerce.
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December 04, 2025
Fed. Circ. Prior Art Ruling Conflicts With AIA, Justices Told
The Federal Circuit ruling that the filing date of a patent application dictates whether it can be used as prior art to invalidate a later patent is at odds with the law that created the modern administrative patent review system, one of the law's chief architects told the U.S. Supreme Court this week.
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December 04, 2025
Nixon Peabody Hires Cybersecurity Atty For Boston Office
Nixon Peabody LLP has added to its cybersecurity and privacy team in Boston with a newly hired attorney from Arnall Golden Gregory LLP, saying she focuses on privacy, governance, risk, compliance and public policy matters.
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December 04, 2025
AILA Says Texas Migrant Arrest Law Not Mirror Of Federal Law
The American Immigration Lawyers Association has urged the full Fifth Circuit to affirm a split panel decision upholding an injunction of Texas' Senate Bill 4, arguing that the state's migrant arrest law conflicts with federal law in a key way.
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December 04, 2025
Mich. Judge Throws Out Mail-In Ballot Matching Guidance
A Michigan state court judge has ruled that absentee ballots returned with a missing or mismatched ballot stub may not be counted, siding with the Republican National Commitee and local challengers.
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December 04, 2025
Crenshaw Blasts SEC Short-Selling Rules Deadline Extension
The U.S. Securities and Exchange Commission's outgoing, lone Democratic commissioner has criticized the agency's decision to extend the compliance dates for a pair of Biden-era regulations aimed at bolstering transparency in the short-selling market, calling the move a "repeal by extension."
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December 04, 2025
Treasury To Float Guidance For Budget Bill's Int'l Provisions
The U.S. Treasury Department announced plans Thursday to issue regulations for international tax provisions that were modified under the federal budget bill in July, including guidance to help corporations calculate foreign tax credits on certain types of overseas income.
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December 04, 2025
US, Tribes Ask High Court To Uphold Michigan Fishing Pact
Four Michigan tribes and the federal government are asking the U.S. Supreme Court to reject a petition by the Sault Ste. Marie Tribe of Chippewa Indians to overturn a decision to uphold a 2023 Great Lakes fishing compact, telling the justices that the case is not "the stuff of certiorari."
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December 04, 2025
SDNY Judge Unsure Of Jurisdiction In Maurene Comey Suit
A Manhattan federal judge said Thursday he may not have jurisdiction over former prosecutor Maurene Comey's suit claiming President Donald Trump's rivalry with her father, former FBI Director James Comey, led to her firing.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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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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Opinion
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.
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A Close Look At The Evolving Interval Fund Space
Interval funds — closed-end registered investment companies that make periodic repurchase offers — have recently moved to the center of the conversation about retail access to private markets, spurred along by President Donald Trump's August executive order incorporating alternative assets into 401(k) plans and target date strategies, say attorneys at Simpson Thacher.