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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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Autonomous Vehicle Liability Trends To Watch In 2026
With autonomous vehicles increasingly making their own decisions, the liability landscape for AVs has changed over the past year — highlighting a number of important issues that companies and practitioners should keep a close eye on in 2026, says Farid Yaghoubtil at Downtown LA Law Group.
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Key Crypto Class Action Trends And Rulings In 2025
As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, according to Justin Donoho at Duane Morris.
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New Russia Energy Sanctions Add Compliance Complexity
Recent U.S. and U.K. designations of Russian oil companies and related entities, as well as a new sanctions package from EU, mark a significant escalation in restrictions on the Russian energy industry and add a new layer of regulatory complications for companies operating in the global energy sector, say attorneys at Simpson Thacher.
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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.