Public Policy

  • March 10, 2025

    Trump Tells 9th Circ. To Undo Birthright Citizenship Injunction

    President Donald Trump urged the Ninth Circuit to undo a Washington federal court's injunction on his executive order limiting birthright citizenship, saying children born to noncitizens in the United States do not fall within the Fourteenth Amendment's Citizenship Clause.

  • March 10, 2025

    Troops Renew Bid To Block Trans Military Ban Post Guidance

    Transgender service members filed a renewed bid to halt President Donald Trump's executive order barring those with gender dysphoria from serving in the military, after the U.S. Department of Defense issued new guidance the troops say effectively ends the ability for transgender people to serve.

  • March 10, 2025

    SEC Leaves Meme Coin Fraud For Other Cops To Chase

    The U.S. Securities and Exchange Commission staff's decision to say that so-called meme coins are beyond the agency's purview is a welcome change from past practices, experts say, but the devil is in the details when it comes to policing fraud and helping consumers recover when projects go bust.

  • March 10, 2025

    NC Bill Allocates $80M To Move Helene-Damaged Courthouse

    A state legislative proposal that would allocate $80 million in the form of a one-time grant for the relocation of a historic North Carolina county courthouse rendered unusable by Hurricane Helene cleared its first hurdle Monday.

  • March 10, 2025

    Iowa Opposes Vapers' Bid To Block E-Cig Regulation

    The state of Iowa on Monday urged a federal court to deny a motion from a group of vape interests seeking to block enforcement of a newly enacted law prohibiting the sale of e-cigarette products that lack federal authorization.

  • March 10, 2025

    High Court Will Review Colo.'s Conversion Therapy Ban

    The U.S. Supreme Court announced Monday that it will review a challenge to Colorado's ban on licensed therapists providing conversion therapy to transgender minors, in a case that asks whether the state's law is a permissible regulation of professional conduct or an unconstitutional restriction of speech.

  • March 10, 2025

    Colo. Justices To Weigh Attys' Duties When Borrowing Claims

    Colorado justices will consider if and when attorneys can borrow claims from other lawsuits and still satisfy their personal duty to conduct a "reasonable inquiry" under professional rules, according to an order on Monday agreeing to hear a telecommunications company's challenge to a stockholder suit.

  • March 10, 2025

    Denver Strip Clubs Challenge $14M Wage Theft Fines

    The city of Denver engaged in "shocking and unconstitutional government overreach" by conducting unlawful probes into a group of strip clubs' pay practices and ordering them to pay almost $14 million in fines, the entities told a Colorado federal court.

  • March 10, 2025

    Colo. Court Affirms Property Tax Valuation For Partial Build

    A partly built commercial building in Colorado was properly valued by a county board of equalization, as the state doesn't have an exemption for partial builds, a state appeals court ruled.

  • March 10, 2025

    Judge Who Shot Wife Gets Mistrial As Jury Hangs On Murder

    A California judge declared a mistrial Monday in the murder trial of Orange County Superior Court Judge Jeffrey Ferguson, who shot and killed his wife in their Anaheim Hills home in 2023, after jurors said they remained at an impasse over whether he was guilty of second-degree murder.

  • March 10, 2025

    Justices To Weigh If Del. Expert Law Applies In Federal Court

    The U.S. Supreme Court on Monday agreed to review whether federal courts must apply a Delaware state law requiring an expert affidavit for all medical malpractice complaints.

  • March 10, 2025

    Supreme Court Vacates Ruling On Nazi-Looted Art Dispute

    The U.S. Supreme Court on Monday vacated a unanimous Ninth Circuit decision holding that a Spanish museum is not obligated to return a painting that was stolen from a Jewish family by the Nazis, months after California changed its law in response to the dispute.

  • March 07, 2025

    As Key Hearing Looms, CFPB Emails Hint At Signs Of Life

    Recent batches of Consumer Financial Protection Bureau internal emails hint at early, fumbling efforts to bring parts of the agency back online, but whether these flickers of life will undercut an employee union's fight to keep the agency intact remains to be seen.

  • March 07, 2025

    Trump DOJ Agrees: Google Must Sell Chrome Browser

    The Department of Justice on Friday reiterated to a D.C. federal judge that Google should have to divest the Chrome browser to give rival search engines a fighting chance against its illegal monopoly, but backed off its previous request that Google sell its investments in artificial intelligence companies.

  • March 07, 2025

    ByteDance Wants Sanctions For Attys After Client's Perjury

    TikTok's parent company ByteDance has urged a California court to sanction Nassiri & Jung LLP attorneys it says "enabled" a former engineer's perjury in a suit alleging he was wrongly fired, arguing that the lawyers should've prevented their client's "abuse of the justice system."

  • March 07, 2025

    Feds Say California Tribes' Casino Challenge Comes Too Late

    The U.S. Department of the Interior and other agencies have asked a D.C. federal judge to deny two tribes' challenge to another tribe's plan to build a casino-hotel complex on 221 acres of trust land, saying their request for a stay is improper and untimely.

  • March 07, 2025

    Trump Sues Capital One Over 'Illegal' De-Banking

    President Donald Trump's company and his son Eric Trump sued Capital One on Friday in a Florida state court, claiming it illegally canceled hundreds of Trump-affiliated accounts in the aftermath of the Jan. 6, 2021, attacks on the U.S. Capitol.

  • March 07, 2025

    Colo. Judge Won't Block DHS 'Protected Area' Policy

    A Colorado federal judge on Friday declined Denver Public Schools' bid to temporarily block Department of Homeland Security guidance on immigration enforcement in "protected areas," ruling at a hearing that an injunction wouldn't actually protect the district and its students from immigration actions.

  • March 07, 2025

    4th Circ. Overturns Remand Of Md., SC PFAS Suits Against 3M

    U.S. district court judges erred when they sent lawsuits Maryland and South Carolina filed against 3M over environmental contamination from consumer products containing forever chemicals back to state courts, a split Fourth Circuit panel ruled Friday.

  • March 07, 2025

    FTC: Outlining World Sans Amazon Price-Floor 'Not Possible'

    The Federal Trade Commission told a Washington federal judge Friday that it can only offer pieces, and not the entire outline, of what an alternative world might look like without Amazon.com's allegedly monopolistic pricing floor created by penalties for sellers offering their goods more cheaply through other retailers.

  • March 07, 2025

    Contractor Can't Bury Medical Marijuana Discrimination Suit

    A Pennsylvania federal judge on Friday denied a Cleveland construction company's bid to escape a prospective employee's suit alleging that the company violated Pennsylvania's medical cannabis law when it rescinded his job offer, saying there are questions of fact about whether he would have been able to do the job.

  • March 07, 2025

    AGs Say Anti-Trans Admin Puts $367M Hospital Grants At Risk

    Attorneys general from Washington and three other states told a federal court that the Trump administration has canceled thousands of dollars in grant funding for gender-affirming care — and threatened to strip up to nearly $370 million more — in violation of court injunctions.

  • March 07, 2025

    Grand Rapids Moves Social Equity Fee Dispute To Fed. Court

    The city of Grand Rapids, Michigan, is looking to push into federal court a state lawsuit filed by cannabis companies looking to upend the fees, fines and residency requirements of the municipality's social equity program, arguing Friday that their claims all touch on federal issues.

  • March 07, 2025

    Hints Of A New High Court Majority Emerge In Trump Cases

    The U.S. Supreme Court's recent rejection of President Donald Trump's bid to keep frozen nearly $2 billion in foreign aid funding gave court watchers a glimpse of a coalition majority that could end up thwarting some of the president's more aggressive and novel attempts to expand executive power.

  • March 07, 2025

    Immigration Lawyers Sue Feds Over Surprise Form Changes

    The American Immigration Lawyers' Association and Benach Collopy LLP sued U.S. Citizenship and Immigration Services in D.C. federal court on Friday, saying the agency abruptly revised 10 forms to eliminate gender markers without prior warning.

Expert Analysis

  • Reg Waiver Eases Calif. Rebuilding, But Proceed With Care

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    California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.

  • The Post-Macquarie Securities Fraud-By-Omission Landscape

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    While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.

  • Trump's Energy Plans: Climate, Data Centers, LNG And More

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    With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • What To Do When ICE Shows Up At The Hospital

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    In light of recent executive orders and changes to enforcement directives permitting U.S. Immigration and Customs Enforcement agents to enter sensitive locations like hospitals, healthcare providers should understand how to balance compliance with existing health laws and patient care obligations, say attorneys at Davis Wright.

  • Unpacking The Legal Foundation Of Trump's New Trade War

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    President Donald Trump's recent executive orders and proclamations regarding emergencies at the U.S. border are based on statutory powers enabling a president to address extraordinary external threats — and could be used to fend off legal challenges to the tariffs levied on Mexican and Canadian goods, says Chris Zona at Mandelbaum Barrett.

  • A View Of The Shifting Insurance Regulatory Landscape

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    Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.

  • Trump's Energy Plans: Funding, Permits And Nuclear Power

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    In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • FTC Focus: Avoiding 'Gun Jumping' Violations

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    The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.

  • What Compensation Committees Must Keep In Mind In 2025

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    New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.

  • Likely Doomed CFPB Contract Rule Still Has Industry Pointers

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    While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.

  • Engaging With Feds On Threats To Executives, Employees

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    In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.

  • The Risk And Reward Of Federal Approach To AI Regulation

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    The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.

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