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Washington
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November 03, 2025
Capital One 'Refer-a-Friend' Text Suit Dropped In Wash.
People who say they were pelted with unsolicited Capital One texts due to the bank's "refer a friend" marketing initiatives have quietly dropped their suit against the financial institution in Washington federal court.
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November 03, 2025
Insurance Law Firm's Bid For $600K Biz Tax Refund Flops
Washington appellate judges spurned a Pacific Northwest law firm's request for a roughly $600,000 tax refund on Monday, agreeing with state regulators that the firm owes business taxes on legal services for insurance clients when the litigation unfolded within the Evergreen State.
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November 03, 2025
College Apparel Co. Denied New Trial In Penn State TM Suit
A Washington sportswear company can't get a new trial over its alleged infringement of Pennsylvania State University's trademarks on its print-on-demand merchandise, after the company was permanently barred from using the university's name or logos by a federal judge.
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November 03, 2025
Trump Blocked Again From Sending Guard To Portland
An Oregon federal judge on Sunday again blocked President Donald Trump from deploying federalized National Guard troops to Portland, finding after a bench trial that the federal government hasn't shown local protests of Trump's immigration policies constitute a "rebellion" or impede agents from executing laws to justify the Guard's deployment.
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November 03, 2025
Philip Morris To Pay $66M Under New Wash. Tobacco Deal
Washington will receive $66 million from Philip Morris under a new settlement resolving long-running disputes over annual payments owed by the major tobacco company under a landmark multistate deal with tobacco producers in 1998 over public health costs, according to the Washington State Attorney General's Office.
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November 03, 2025
Intel Says Engineer Absconded With Top Secret Files
Intel Corp. has accused a former engineer of stealing nearly 18,000 files, including some marked as "top secret," before his employment was terminated in July, according to a lawsuit filed in Washington federal court.
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November 03, 2025
Tribe, Coalition Fight 9th Circ. Bid To Nix Ariz. Land Exchange
An Apache tribe and conservation groups are fighting a Ninth Circuit bid to dismiss their efforts to block a 2,500-acre land exchange within Tonto National Forest, saying the federal government and mining company's arguments inaccurately center on a sentence in the 2014 Southeast Arizona Land Exchange and Conservation Act.
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November 03, 2025
New Loan Forgiveness Rule Targets Trump Critics, States Say
Two lawsuits filed Monday, one by a coalition of states and the other by a group of cities, unions and advocacy organizations, are challenging a new Trump administration rule imposing "intentionally vague" and allegedly illegal restrictions on student loan forgiveness for public employees intended to stifle dissent.
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November 03, 2025
Landlords Fight States' Objection To RealPage Settlements
A group of landlords urged a Tennessee federal court to reject arguments lodged by several attorneys general who criticized $141.8 million worth of proposed antitrust settlements that aim to resolve multidistrict litigation accusing the landlords of using property management software company RealPage Inc.'s technology for rent price fixing.
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November 03, 2025
Justices Skeptical Of Tolling Supervised-Release Absconders
The U.S. Supreme Court appeared hesitant Monday to embrace the government's arguments that the "fugitive tolling" doctrine, which bans criminal defendants from earning credits to reduce prison sentences while they are not behind bars, should also be used to penalize defendants who abscond from supervised release.
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October 31, 2025
9th Circ. Nixes Exemption To Bioengineered Food Label Rule
The Ninth Circuit delivered a mixed ruling Friday in some food advocacy groups' challenge to federal food labeling regulations, affirming that the U.S. Department of Agriculture can use the term "bioengineered" over "GMO" or "genetically modified" but reversing an order exempting highly refined foods from receiving the bioengineered label.
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October 31, 2025
Seattle Wins Injunction Against Trump's Anti-DEI Grant Terms
A Washington federal judge shielded Seattle on Friday from a pair of Trump administration executive orders requiring federal grant recipients to cease diversity programming and refrain from using any of the money to "promote gender ideology," saying the city's legal challenge will likely succeed.
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October 31, 2025
Real Estate Recap: Retail Rebirth, Data Center Outlier, SCIFs
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a look at how recent big-box store bankruptcies could usher in a retail sector revival, Florida's comparative inertia building data centers, and a rise in the niche asset class known as "sensitive compartmented information facilities."
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October 31, 2025
Up Next At High Court: Tariffs, Fugitives & Contractor Liability
The U.S. Supreme Court will begin its November oral argument session Monday, during which the justices will consider President Donald Trump's authority to impose tariffs on foreign countries under an emergency statute, whether military contractors can be held liable for alleged breaches of contracts in war zones, and if there are time limits for litigants who want to vacate a void judgment. Here, Law360 breaks down the week's oral arguments.
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October 31, 2025
Valve Wants Sanctions In 'Patent Troll' Suit In Wash.
Video game company Valve Corp. has asked for sanctions against a patent-licensing company executive in a lawsuit over alleged patent trolling, saying he hasn't properly responded to requests for information in the case.
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October 31, 2025
Gov't Owes $330K In Fees For NSF Funding Fight, Court Told
A higher education association seeks more than $330,000 in attorney fees and costs from the government after winning a ruling blocking the Trump administration from cutting certain National Science Foundation funding, according to a memorandum filed in Massachusetts federal court.
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October 31, 2025
Trump Admin Must Keep SNAP Running, Federal Judges Say
A Rhode Island federal judge Friday ordered the Trump administration to use contingency funds to sustain Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown, while a Boston federal judge gave the government until Monday to choose one of two paths to keep the program running to some degree.
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October 31, 2025
Wash. High Court Disbars Oregon Lawyer Who Ghosted Client
An Oregon attorney can no longer practice law in Washington state as the result of an Oregon Supreme Court ruling that found he took fees from a new client while his license was suspended, then ignored the woman's repeated attempts to contact him.
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October 31, 2025
3 Argument Sessions Benefits Attys Should Watch In Nov.
The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November.
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October 31, 2025
Insurer, Subcontractor Settle Sinkhole Coverage Dispute
A subcontractor and its insurer told a Washington federal court that they've settled their coverage dispute over whether the subcontractor lodged an untimely defense tender for a now-settled counterclaim concerning a sinkhole at a Seattle ship canal project.
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October 30, 2025
Lufthansa Must Face Same-Sex 'Outing' Suit, 9th Circ. Says
Deutsche Lufthansa AG cannot ground a same-sex couple's lawsuit accusing the German airline of outing their marriage to the Saudi Arabian government, a split Ninth Circuit panel ruled Thursday, saying there are enough strings tying the case to California to meet jurisdiction requirements.
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October 30, 2025
Med Robot Co. Tells 9th Circ. Not To Revive 'Disfavored' Suit
Intuitive Surgical urged the Ninth Circuit not to revive a surgical repair company's claims alleging it blocked third parties from refurbishing components for its popular da Vinci surgery robot, defending the district court's findings that cases alleging anticompetitive harm to a single brand aftermarket are "rare and disfavored."
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October 30, 2025
Wash. Justices Debate Judge's Future Amid Court Discord
The Washington Supreme Court on Thursday asked about the practical effect of returning a suspended municipal judge to the bench, probing whether there's any evidence that Judge Tracy S. Flood and staff of the Bremerton Municipal Court would be able to avoid further discord and subsequent impacts on litigants if she went back to her post.
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October 30, 2025
Washington Pot Board Says Racial Bias Claims Nothing New
There is nothing new about accusations that the Washington State Liquor and Cannabis Board disproportionately favored white applicants over minorities when issuing marijuana licenses, state regulators told a federal court, arguing that a Black entrepreneur's public advocacy renders untimely his lawsuit over a license denial.
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October 30, 2025
Wash. Justices Doubt Lawyer's Bid For Disbarment Rehearing
An attorney for a Washington state lawyer facing disbarment for allegedly stealing more than $250,000 in client funds urged the state's highest court Thursday to reverse the disbarment recommendation and order a rehearing in the disciplinary case.
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Reviewing Trump Admin's Rapid Pro-Crypto Regulatory Pivot
The digital asset industry has received a boost from the explicitly pro-crypto Trump administration, which in its first few months reversed Biden-era rules and installed industry proponents at regulatory agencies, marking one of the biggest regulatory about-faces by a government in recent memory, says Robert Appleton at Olshan Frome.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Closer Look At Amendments To Virginia Noncompete Ban
Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.