Public Policy

March 03, 2025
Gov't Wants End Of Judicial Review, Atty For MSPB Head Says

An attorney for the briefly ousted head of the Merit Systems Protection Board said Monday that the U.S. Department of Justice was effectively calling for the end of judicial review during impassioned arguments on an injunction that would keep the official on the board after a temporary order reinstating her expires Tuesday.
March 03, 2025
SEC Expands Confidential Filing Options For Companies

The U.S. Securities and Exchange Commission on Monday said it is expanding the range of filings that companies can submit for confidential review before such documents become public, predicting that the new accommodations will spur capital formation.
March 03, 2025
Judge Tosses SEC Crypto Case For Lack Of US Ties

Crypto founder Richard Heart has beaten a U.S. Securities and Exchange Commission suit over his Hex, PulseChain and PulseX crypto projects after the Brooklyn federal judge overseeing the case found the regulator failed to show enough stateside ties.
March 03, 2025
Catholic Charity Org. Sues HHS Over Frozen Refugee Funds

Catholic Charities Fort Worth sued the Trump administration in D.C. federal court Monday, accusing the U.S. Department of Health and Human Services of illegally withholding more than $36 million in grant funding meant for resettling refugees in Texas.
March 03, 2025
FDIC Beats Bank's Constitutional Fight Over In-House Judges

A Kansas federal judge tossed on Monday a local bank's constitutional challenge to administrative law judges presiding over the Federal Deposit Insurance Corp.'s $20.5 million anti-money laundering enforcement proceeding against the bank, ruling that the district court does not have the jurisdictional authority to hear the bank's Seventh Amendment claims.
March 03, 2025
Texas High Court Told Telecom Law Clears State Constitution

Texas is hoping its highest court will overturn a ruling that found the state violated its own constitutional rules about gift-giving by capping the amount cities can charge telecoms for using their rights-of-way to such a degree that they were basically forced to give away public money.
March 03, 2025
Transparency Law Flouts Biz Owners' Privacy, Judge Says

A Michigan federal judge on Monday ruled the Corporate Transparency Act's beneficial ownership reporting requirements constitute an unreasonable intrusion into business owners' privacy, shortly after the U.S. Department of the Treasury said it was suspending enforcement of the embattled law.
March 03, 2025
Conn. Justices Set New Atty Duty In Deathbed Will Dispute

Three intended beneficiaries of a late businessman's will can sue attorney Anthony J. Palermino for allegedly failing to tell his client that TD Ameritrade account documents would need to be changed to fulfill his deathbed wishes, the Connecticut Supreme Court ruled Monday, finding that attorneys have a duty to third-party beneficiaries in such situations.
March 03, 2025
National Gaming Chair Gets Pause In Alaskan Casino Suit

A federal judge has paused litigation against acting National Indian Gaming Commission Chairwoman Sharon M. Avery until the court can determine if an Alaskan Native village is a required party in the dispute that looks to block plans for a 58,000-square-foot casino in Anchorage.
March 03, 2025
Calif. Farm Sues Tenn. Sheriff Over $3.9M In Destroyed Hemp

A California hemp farm is suing a Tennessee sheriff's department, alleging that a deputy wrongly arrested a driver who was carrying $3.9 million in legal hemp and had it destroyed.
March 03, 2025
Trump Admin Defends Right To Send DOGE Into Agencies

A group of unions is trying to limit the president's right to oversee the executive branch by claiming that Elon Musk's Department of Government Efficiency can't access agencies' computer systems, the Trump administration told a D.C. federal judge, asking him to nix the unions' injunction bid.
March 03, 2025
DOJ Opposes Anthropic's Amicus Bid In Google Search Case

The U.S. Department of Justice is telling a D.C. federal judge to keep Anthropic PBC out of the remedies phase of its search antitrust case against Google, arguing that the artificial intelligence company is trying to backdoor its way to intervenor privileges through an amicus curiae request.
March 03, 2025
SEC's Peirce Taps Ex-Willkie Partner For Crypto Task Force

The U.S. Securities and Exchange Commission has hired a former Willkie Farr & Gallagher LLP partner into a leadership role in its new task force created to transform the agency's approach toward the cryptocurrency industry.
March 03, 2025
Some 'ComEd Four' Bribery Counts Vacated Over Jury Charge

An Illinois federal judge on Monday ordered a retrial on four bribery charges in the case against an ex-Commonwealth Edison executive and three lobbyists convicted of conspiring to bribe former Illinois House Speaker Michael Madigan, finding the jury was improperly instructed in the wake of a recent U.S. Supreme Court ruling but leaving intact the overarching conspiracy conviction.
March 03, 2025
Chamber Leads Group Challenging NY Climate Superfund Bill

A U.S. Chamber of Commerce-led coalition asked a New York federal judge to block a "plainly unconstitutional" Empire State law that promises to impose $75 billion in cost-recovery demands on fossil fuel companies to help pay for climate adaptation projects.
March 03, 2025
EPA Chief Asks Watchdog To Investigate $20B Grant Program

The U.S. Environmental Protection Agency said Monday it's asking its internal investigators to look into how $20 billion in congressionally supplied grant money has been distributed.
March 03, 2025
Trump's Refugee Shutdown 'Eviscerates' Law, Judge Says

A Washington federal judge has further explained his decision to block President Donald Trump's sudden shutdown of the U.S. refugee entry program, saying the president's "America First" policy unlawfully "eviscerates" a plan approved by Congress decades ago.
March 03, 2025
Ligado Says It's Time To Share Weather Satellite Band

It's time for the government to start sharing a slice of spectrum previously set aside for weather instruments, Ligado Networks and a host of other industry players are telling the Federal Communications Commission after the agency signaled it was open to considering the idea.
March 03, 2025
Enviro Groups Say DOGE Teams Are Violating Transparency Law

Five federal agencies are violating their legal obligations to provide transparency about their connection to the Elon Musk-headed entity that's leading the Trump administration's effort to reduce government staffing and spending levels, environmentalists said in a D.C. federal lawsuit filed Monday.
March 03, 2025
Pa. Supreme Court Snapshot: Negligence Damages Caps

The Pennsylvania Supreme Court will start and end its March session examining long-standing precedents, beginning Tuesday with an argument that will spotlight damages against government entities, and wrapping up Wednesday with a matter hinging on a rule that lets general contractors share their subcontractors' immunity under the workers' compensation law.
March 03, 2025
Vape Co.'s Challenge Of FDA Penalty Rejected

A Washington, D.C., federal judge has thrown out an online vape retailer's constitutional challenge to a U.S. Food and Drug Administration enforcement proceeding, ruling that claims fell outside the court's jurisdiction.
March 03, 2025
Monthly Merger Review Snapshot

Japan's Nippon Steel is challenging a decision blocking its $14.9 billion merger with U.S. Steel Corp. on national security grounds, as door manufacturer Jeld-Wen continues fighting a landmark order forcing it to sell a Pennsylvania factory and the Justice Department pushes cases targeting mergers in the home health, networking and corporate travel spaces.
March 03, 2025
2nd Circ. Denies Amish Schools' Vaccine Rule Challenge

The Second Circuit on Monday denied a religious challenge to New York's immunization law from three Amish schools and two Amish parents, saying both the appellate court and the U.S. Supreme Court have a history of upholding school immunization requirements implemented by states.
March 03, 2025
ACLU Sues To Halt Trump Admin Guantánamo Transfers

The American Civil Liberties Union has sued the Trump administration in D.C. federal court, seeking to halt the future transfer of noncitizens from the United States to Guantánamo Bay, which it said is being carried out in violation of the Immigration and Nationality Act.
March 03, 2025
Oklahoma DAs Look To Nix DOJ's Jurisdiction Lawsuits

Two Oklahoma district attorneys are asking a federal court to dismiss a challenge by the United States that seeks to block them from prosecuting Native Americans for conduct on tribal lands, arguing that the lawsuits are a collateral attack on a recent state appellate court decision.

Expert Analysis

Issues To Watch In 2025's ERISA Litigation Landscape

Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
Roundup

Banking Brief: State Law Recaps From Each Quarter Of 2024

In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
How DOGE's Bite Can Live Up To Its Bark

All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
2024 Was A Significant Year For HIPAA Compliance

The Office of Civil Rights' high level of Health Insurance Portability and Accountability Act activity in 2024 and press releases about its specific focus on certain cybersecurity issues make it abundantly clear that the OCR is not going to tolerate widespread compliance complacency, says Nathan Kottkamp at Williams Mullen.
Examining DOJ Corporate Whistleblower Pilot's First 100 Days

Though the U.S. Department of Justice’s corporate whistleblower awards pilot program has successfully elicited numerous tips since its August launch, stakeholder feedback leaves questions about how the scheme compares to other whistleblower awards and protections — and how it will fare in the incoming Trump administration, say attorneys at Joseph Greenwald.
Proactively Managing Tariff Impacts On Megaprojects

President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects — so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.
New York Climate Superfund Law May Face Preemption Fight

New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.
Forecasting The Future Of The FTC Post-Inauguration

The incoming Federal Trade Commission leadership's agenda, which is expected to be in sharp contrast with the Biden administration's enforcement posture, will be noticeable right away in the first few weeks of the Trump administration, say attorneys at Cooley.
5 Notable Information Security Events In 2024

B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
Opinion

Trump Should Pass On Project 2025's Disparate Impact Plan

The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.
Opinion

Laken Riley Act Will Not Advance Immigration Reform

By granting states legal standing to sue the U.S. Department of Homeland Security for immigration violations, the Laken Riley Act enables states to block all kinds of federal actions they don't like but provides little reason for them to be invested in positive change, says Jacob Hamburger at Cornell University Law School.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
How 2025 NDAA May Affect DOD Procurement Protests

A bid protest pilot program included in the 2025 National Defense Authorization Act shifts litigation costs onto unsuccessful bid protesters and raises claim-filing thresholds, which could increase risks to U.S. Department of Defense contractors who file protests, and reduce oversight of DOD procurement awards, say attorneys at Venable.
Looking Back At 2024's Noteworthy State AG Litigation

State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
What Broker-Dealers Must Know Before Selling Bitcoin ETPs

Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.