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Public Policy
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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.
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December 04, 2025
Senate Confirms 4th NC Federal Judge This Week
The Senate on Thursday confirmed its fourth federal judge this week for North Carolina.
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December 04, 2025
NYT Says Pentagon Press Pass Policy Flouts Constitution
The New York Times accused the Pentagon of violating the First and Fifth Amendments with its policy of allowing officials to take away press passes of journalists who report on matters not authorized by the government, saying Thursday in a D.C. federal lawsuit that it took action after its reporters refused to agree to follow the rule.
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December 04, 2025
Data Co. Seeks To Consolidate NJ Judicial Privacy Law Cases
The data privacy firm Atlas Data Privacy has asked the New Jersey Supreme Court to consolidate over 100 ongoing cases where it is suing data brokers under the state judicial privacy statute Daniel's Law into a single multicounty litigation, according to a notice to the bar filed this week.
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December 04, 2025
School Privacy Waiver Case Belongs In State Court, Mich. Says
Michigan's top education official has urged a federal judge to let a state court decide the constitutionality of a funding package requiring schools to give up certain privacy rights to receive critical funding, while school leaders challenging the waiver are asking the federal court to block it from going into effect.
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December 04, 2025
Feds Defend Pro-Trump Policy Question On Job Applications
The Trump administration on Wednesday urged a Massachusetts federal judge not to strike a question for potential federal employees asking how they would advance the president's agenda, saying there's no evidence the question hurts an applicant's chances of getting hired.
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December 04, 2025
Oregon Labor Peace Law Unconstitutional, 9th Circ. Told
Cannabis companies that brought a successful challenge to an Oregon state law requiring marijuana businesses to have labor peace agreements told the Ninth Circuit on Wednesday the law was unconstitutional and preempted.
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December 04, 2025
Lawmakers Spar Over Plans To Overhaul Boxing Industry
An effort to revamp American boxing got underway on Capitol Hill on Thursday as lawmakers deliberated over legislation to provide better pay and workplace protections for fighters, with Democrats expressing concern over the potential for corruption to flourish in the sport.
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December 04, 2025
Bipartisan Bill Would Set Guardrails On Employers' AI Use
A bipartisan coalition of lawmakers introduced legislation Wednesday that mandates employers include human oversight when using automated decision-making software, regularly test their tools and disclose to workers when they're in play.
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December 04, 2025
Environmental Groups Sue EPA Over Methane Rule Delay
Environmental groups are challenging a final rule the U.S. Environmental Protection Agency published Wednesday to extend a number of compliance deadlines for methane pollution control requirements, calling it an unlawful handout for oil and gas companies.
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December 04, 2025
Prolonged FTC Review Kills $615M Healthcare Staffing Deal
Talent software and staffing company Aya Healthcare Inc. abandoned its planned $615 million deal for Cross Country Healthcare Inc. on Thursday, citing uncertainty from an ongoing Federal Trade Commission review that was extended by the government shutdown.
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December 04, 2025
Appeal Of US Atty Invalidations May Be 'Devastating' To DOJ
As the list of interim and acting U.S. attorneys found to be unlawfully appointed under President Donald Trump grows, so too does the pressure on his administration to make the next move, which could force a risky strategic decision on whether to push the issue up to the U.S. Supreme Court, experts said.
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December 04, 2025
Rural Carriers Upset Over FCC's AT&T Deal Approval
Wireless carriers serving rural regions are dismayed at the Federal Communications Commission's staff decision this week to approve AT&T's $1 billion spectrum license deal with UScellular, saying it relies on flawed market analysis.
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December 04, 2025
Ohio Football Player's Mother Drops Suit After NIL Approval
The football player's mother who sued the Ohio High School Athletic Association over a bylaw banning athletes from receiving name, image and likeness compensation dropped the suit after the association recently voted to rescind the ban.
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December 03, 2025
Oak View CEO Pardoned 5 Months After Bid-Rigging Charge
President Donald Trump has pardoned former Oak View Group CEO Tim Leiweke just five months after the U.S. Department of Justice charged him with rigging a bid to build and operate the Moody Center arena on the University of Texas at Austin campus.
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.