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Public Policy
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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.
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December 12, 2025
Merchant Orgs. Fight Latest Visa, Mastercard Swipe-Fee Deal
The National Association of College Stores, Energy Markets of America and other industry groups objected Friday to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the deal "does not come close to fixing the swipe fee challenges" faced by merchants.
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December 12, 2025
OCC Conditionally Grants 5 Crypto-Focused Trust Charters
The Office of the Comptroller of the Currency on Friday gave five crypto-focused firms a preliminary nod to operate as national trust banks, clearing the way for crypto to integrate further into the banking system despite pushback from banking lobbyists.
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December 12, 2025
DOJ Shake-Up Keeps Criminal Tax Meetings, Ex-Official Says
The U.S. Department of Justice — despite recently eliminating its Tax Division as part of a broad restructuring — continues to meet with practitioners representing clients who may face federal criminal tax charges, the former division chief said Friday.
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December 12, 2025
IRS To Revamp Voluntary Disclosure Program
The Internal Revenue Service will be updating a program early next year that would allow taxpayers to voluntarily report previously undisclosed income as a way to resolve their tax issues to facilitate a simpler reporting process, the agency's criminal enforcement chief said Friday.
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December 12, 2025
7th Circ. Halts Release For Hundreds Of Ill. ICE Detainees
The Seventh Circuit on Thursday halted a Chicago federal judge's order requiring the release of hundreds of immigrants arrested by U.S. Immigration and Customs Enforcement, saying the Trump administration was likely to succeed in arguing he should have conducted individual determinations about whether their arrest violated a consent decree it had previously entered in the case.
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December 12, 2025
National Trust Sues To Halt Trump's Ballroom Construction
The National Trust for Historic Preservation asked a D.C. federal judge to stop construction on a White House ballroom until Trump administration officials complete mandatory review processes that they blew off before unilaterally razing the East Wing to make room for the structure.
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December 12, 2025
Wireless Group Calls For High Court Review Of FCC Fines
The major wireless carriers' trade group on Friday urged the U.S. Supreme Court to take up Verizon's case against a $46 million privacy fine, saying the Seventh Amendment right to jury trial is too important to leave questions unanswered about its reach.
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December 12, 2025
Duke Energy Pushes Back On DOJ's View Of 'Monopoly Broth'
Duke Energy told the U.S. Supreme Court the government is backing a rival's antitrust claims accusing the power giant of squeezing it out of the North Carolina market simply to help enforcers' own cases accusing Big Tech companies of using a "monopoly broth" to thwart competition.
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December 12, 2025
Crypto Industry Balks At Citadel Securities' Call For Regs
Cryptocurrency advocates pushed back Friday against Citadel Securities' request that the U.S. Securities and Exchange Commission more closely monitor decentralized trading platforms, contending that placing the industry under the same strictures as traditional exchanges would "undermine" innovation.
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December 12, 2025
20 States Sue Trump Admin Over $100K H-1B Visa Fee
A coalition of 20 states, led by the California attorney general, sued the Trump administration Friday to challenge a new $100,000 fee for H-1B visa applications, saying the fee goes against Congress' intent for the work visa program.
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December 12, 2025
Md. Judge Probes Limits Of Review In ICE Church Raids Suit
A Maryland federal judge on Friday seemed unsure whether a coalition of religious organizations have a viable Administrative Procedure Act challenge to a U.S. Department of Homeland Security policy loosening restrictions on where immigration enforcement can take place.
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December 12, 2025
Judge Tosses 'Problem Solver' TM Suit In Calif. Gov. Race
A California federal judge has dismissed a trademark complaint from gubernatorial candidate Stephen Cloobeck, ruling that his effort to stop Democratic primary opponent Antonio Villaraigosa from saying he is a "proven problem solver" in his campaign could stifle political expression.
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December 12, 2025
Treasury Withdraws Proposed Regs On Spousal Tax Liability
The U.S. Treasury Department has withdrawn two sets of proposed regulations addressing married individuals who filed joint tax returns then later sought relief from joint and several tax liability, according to a notice issued Friday.
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December 12, 2025
Tort Reform Fight Dominated 2025 For Ga. Lawmakers
Sweeping changes to Georgia's civil practice rules amid a Republican-led tort reform push took center stage in the state's legislative session in 2025, shaking up how litigators navigate new claims and setting the stage for years of appellate battles, attorneys in the state say.
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December 12, 2025
Ex-Rabobank Exec Will Press For Fees From OCC At 9th Circ.
A former Rabobank compliance official will make another attempt to force the Office of the Comptroller of the Currency to pick up the tab for her legal fees for the office's now-abandoned enforcement proceeding, which she says cost her millions of dollars to defend.
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December 12, 2025
Betting, Trading Platforms Form Prediction Market Alliance
A group of betting and trading platforms said they've created a new organization to advance the interests of prediction markets as betting challenges from states intensify and Congress starts to formally structure the cryptocurrency market writ large.
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December 12, 2025
FCC's Carr Cheers Trump Order Curtailing State AI Laws
Federal Communications Commission Chief Brendan Carr on Friday lauded a White House move to restrict states from passing "onerous" laws and regulations covering artificial intelligence.
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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.
Expert Analysis
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6 Laws For Calif. Employers To Know In 2026
California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.
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How New SEC Policies Shift Shareholder Proposal Landscape
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.
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NBA, MLB Betting Indictments: Slam Dunks Or Strikeouts?
Recent fraud charges against bettors, NBA players and MLB pitchers raise questions about what the government will need to prove to prosecute individuals involved in placing bets based on nonpublic information, and it could be a tough sell to juries, say attorneys at Ford O'Brien.
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Tracking The Evolution Of AI Insurance Regulation In 2025
As artificial intelligence continues to transform the insurance industry, including underwriting, pricing, claims processing and customer engagement, state regulators, led by the National Association of Insurance Commissioners, are increasing oversight to ensure that innovation does not outpace consumer protections, say attorneys at Fenwick.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation
On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.
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Prepping For 2026 Shifts In Calif. Workplace Safety Rules
California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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How AI Exec Order May Tee Up Legal Fights With States
The Trump administration's draft executive order would allow it to challenge and withhold federal dollars from states with artificial intelligence laws, but until Congress passes comprehensive AI legislation, states may have to defend their regulatory frameworks in extended litigation, says Charles Mills, a clerk at the U.S. District Court for the Northern District of West Virginia.
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Recent Proposals May Spell Supervision Overhaul For Banks
A slew of rules recently proposed by the federal banking agencies with approaching comment deadlines would rewrite supervision standards to be further tailored to banks' size and activities, while prioritizing financial risks over process, documentation and other nonfinancial risks, say attorneys at Davis Wright.
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Where DEI Stands After The Federal Crackdown In 2025
The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.
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Rule Update May Mean Simpler PFAS Reports, Faster Timeline
The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.
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What US Can Learn From Brazil's Securities Arbitration Model
To allay investor concerns about its recent approval of mandatory arbitration clauses in public company registration statements, the U.S. Securities and Exchange Commission should look to Brazil's securities arbitration model, which shows that clear rules and strong institutions can complement the goals of securities regulation, say arbiters at the B3 Arbitration Chamber.
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Navigating The New Patchwork Of Foreign-Influence Laws
On top of existing federal regulations, an expanding wave of state legislation — placing new limits on foreign-funded political spending and new registration requirements for foreign agents — creates a confusing compliance backdrop for corporations that demands careful preplanning, say attorneys at BakerHostetler.
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AI Evidence Rule Tweaks Encourage Judicial Guardrails
Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.