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February 21, 2025
Off The Bench: White House Hosts PGA Tour-LIV Golf Summit
In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.
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February 21, 2025
Psychedelic Law Community Copes With Industry Ego Death
After emerging as a hot-ticket practice a few years ago, the psychedelic law sector has encountered some recent setbacks as progress toward loosening state and federal restrictions on mind-altering substances has stalled. But while several psychedelic boutiques have folded, attorneys say that the small community of lawyers passionate about this area of law aren't going anywhere.
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February 21, 2025
NIH Research Cuts Stay On Hold As Judge Mulls Objections
A Boston federal judge on Friday extended her hold on a Trump administration proposal to slash reimbursements from the National Institutes of Health for research grant costs, a move colleges, hospitals and other institutions have said would wreak havoc on scientific research.
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February 21, 2025
Justices Knock Ala. For Immunizing State Officials
The U.S. Supreme Court on Friday ruled a group of Alabama unemployment applicants can pursue allegations that delays in the state's benefits review process violated their federal civil rights, holding a state law that requires litigants to exhaust administrative remedies before filing suit doesn't bar their procedural claims.
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February 20, 2025
Trump Trans Edicts Will Cause More Teen Suicides, States Say
Washington, Colorado, Oregon and Minnesota argued Wednesday for a court order halting President Donald Trump's executive orders targeting federal funding for gender-affirming care for young people, saying the edicts are unconstitutional and have "unleashed unbridled fear and irreparable harms."
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February 20, 2025
Trump Admin Says CFPB Defunding Suit Guesses At Harms
The Trump administration on Thursday pushed back on a lawsuit alleging it seeks to "defund" the Consumer Financial Protection Bureau, arguing that concerns about access to a consumer complaint database and other information are "baseless speculation" about the agency's future financial decisions that don't justify an injunction.
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February 20, 2025
Boston, Other Cities And MassBio Back Challenge To NIH Cuts
The city of Boston and 44 other cities, counties and elected officials around the country and, separately, the life sciences industry group Massachusetts Biotechnology Council asked a Massachusetts federal judge on Thursday to extend a temporary restraining order blocking steep cuts to National Institutes of Health reimbursement for research projects.
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February 20, 2025
Feds Say DC Judge Can't Bar 'Hypothetical' Spending Freezes
A Justice Department attorney argued before a D.C. federal judge Thursday that there is no basis to continue blocking the Trump administration from implementing a blanket suspension on federal spending, saying the court cannot bar "hypothetical" future freezes.
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February 20, 2025
Salon Can't Deduct Product Costs From Pay, Colo. Panel Says
A Colorado Court of Appeals panel on Thursday found a Denver hair salon's agreement with a cosmetologist deducting the cost of hair care products from her pay was improper, finding those expenses were part of the salon's cost of doing business and can't be shifted to employees.
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February 19, 2025
Trump Wants Birthright Citizenship EO Enacted Amid Appeal
The Trump administration on Wednesday urged a Massachusetts federal judge to set aside his preliminary injunction blocking the president's executive order limiting birthright citizenship, arguing that the federal government should be permitted to implement it while the First Circuit considers its appeal.
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February 19, 2025
Colorado Joins Fight Against Trump Trans Health Order
Colorado on Wednesday joined Washington and two other states opposing President Donald Trump's executive order targeting federal funding for gender-affirming care for people younger than 19, in an amended complaint that noted Colorado was the first state to include gender-affirming care among essential health benefits.
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February 19, 2025
PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe
Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.
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February 19, 2025
10th Circ. Says ARCO Superfund Suit Wasn't Too Late
A Tenth Circuit panel on Wednesday determined ARCO's lawsuit to force a smelter to contribute to environmental cleanup costs at an old Colorado mine wasn't time-barred because a district court mischaracterized the claim.
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February 19, 2025
Full Fed. Circ. Stands By Reviving Crocs False Ad Case
The full Federal Circuit on Tuesday declined to revisit a panel decision reviving false advertising claims against Crocs Inc. over its statement that its shoes were made with "patented, proprietary, and exclusive" materials that were not, in fact, patented.
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February 19, 2025
NBA Teams Urge Justices To Take Up 'Discovery Rule' Case
Eight NBA teams facing copyright lawsuits for songs used in promotional videos without permission have filed a brief supporting a petition asking the U.S. Supreme Court to review the so-called discovery rule, a judicially created doctrine that allows claims to be brought outside the three-year statute of limitations.
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February 19, 2025
Pronoun Rule Prompts Recusal Request In Trans Athlete Suit
The plaintiffs in a lawsuit opposing the inclusion of a transgender woman on the San Jose State University woman's volleyball team want the judge removed from the case for insisting that the parties call the athlete in question by their preferred pronoun.
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February 19, 2025
Buyers Say Berkshire Unit's Threats Raised Prices
A company that buys calsil insulation filed a proposed class action on Wednesday against a Berkshire Hathaway-owned maker of the insulation, claiming a Colorado jury's antitrust verdict shows the manufacturer engaged in anticompetitive practices and passed on monopoly prices to buyers.
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February 19, 2025
Pot Consultant Says Ex-Partner Breached NDA, Swiped Client
A Colorado-based cannabis consulting firm is suing one of its subcontractors, saying the other company breached a nondisclosure agreement and used confidential information to steal a contract with a California city.
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February 19, 2025
Judge Won't Narrow Injunction In Birthright Citizenship Case
A Maryland federal judge declined to narrow an injunction blocking the enforcement of President Donald Trump's executive order limiting birthright citizenship, saying a nationwide injunction is appropriate given the Asylum Seeker Advocacy Project's 680,000-person membership across all 50 states.
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February 18, 2025
Human Rights Atty Sees 'Serious Risks' Of Neural Data Abuse
International human rights attorney Jared Genser spoke with Law360 Healthcare Authority about the "serious risks of misuse and abuse of neurotechnologies" that have led California and Colorado to expand their state consumer privacy laws in the last year to include neural data, with similar bills pending in Montana, Massachusetts and Illinois.
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February 18, 2025
Construction Co. Awarded $75M In Colo. Casino Fight
A Colorado state judge has awarded a Denver construction company $74.6 million in a complicated fight over the quarter-billion-dollar expansion of a casino resort, finding the casino owner was "combative and adversarial" and caused the bulk of the project's delays.
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February 18, 2025
Colo. Property Owner Sued For Substandard Conditions
A proposed class of Denver tenants has claimed in Colorado state court that property manager Centerspace LP neglected its apartment building to the point that it became uninhabitable over the previous three years.
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February 18, 2025
DHS Campaign Warns Unauthorized Immigrants To Leave
A new U.S. Department of Homeland Security ad campaign warns people not to even think about entering the U.S. without authorization and to leave if they already have.
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February 18, 2025
Denver Landlord Says Defunct Moye White Owes Nearly $4M
A Denver landlord accused defunct law firm Moye White LLP in Colorado state court of owing almost $4 million after the law firm closed down in 2024.
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February 15, 2025
Real Estate Recap: Practice Pivot, Tariff Tax, Lennar's Lawyers
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the latest shifts in real estate law practice, a Big Law leader's predictions for a looming tariff "tax" debate, and a look at the legal talent behind homebuilder Lennar Corp.'s $5.8 billion spinoff.
Expert Analysis
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Should Focus On State AI Laws Despite New DOL Site
Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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2 Rulings Show How Courts Assess Health Benefit Denials
Two recent decisions from federal appeals courts offer important insights into how courts are assessing denials of health benefit claims brought under the Employee Retirement Income Security Act, including guidance on how plan administrators should evaluate claims and what documents must be disclosed, says Mark DeBofsky at DeBofsky Law.
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Harris Unlikely To Shelve Biden Admin's Food Antitrust Stance
A look at Vice President Kamala Harris' past record, including her actions as California attorney general, shows why practitioners should prepare for continued aggressive antitrust enforcement, particularly in the food and grocery industries, if Harris wins the presidential election, says Steve Vieux at Bartko.