Public Policy

  • March 11, 2025

    Colo. Justices Uneasy About Reach Of Xcel's Immunity Claim

    Colorado's justices were concerned Tuesday about the potentially far-reaching consequences of Xcel Energy's claim that a regulatory tariff limits its liability from a man's personal injury claim, with one justice asking if it would be a "severe derogation of common law" for regulators to grant the utility such broad immunity.

  • March 11, 2025

    'Victim Of Its Own Success': The Federalist Society's Shift

    The Federalist Society can now boast long-sought victories and point to scores of federal judges appointed from its ranks. But its alliance with President Donald Trump may bring about a reckoning within the conservative legal movement.

  • March 11, 2025

    Eric Adams Case Dying Slow Death In 'Sovereign' District

    Experts say New York City Mayor Eric Adams' criminal corruption case appears on track to be tossed permanently — a looming development that could signal the end of the fierce independence of the U.S. Attorney's Office for the Southern District of New York.

  • March 11, 2025

    Threats Against Judges 'Top Priority,' Fed. Judiciary Says

    Protecting federal judges is a "top priority" as violent threats spike against a polarized political backdrop, making congressional funding for additional security measures more important than ever, the U.S. Judicial Conference said Tuesday.

  • March 11, 2025

    NJ Power Broker Fights Civil Suit After Criminal Case Victory

    South Jersey power broker George Norcross and his brother moved this week to dismiss a civil racketeering suit against them arguing that the plaintiff's claims "parroted" a criminal indictment against them that was recently dismissed.

  • March 11, 2025

    California Entities Escape State Judge's Underpayment Suit

    A California state judge threw out some claims in a proposed class action from a judge who alleges she was underpaid the last several years, saying the state's retirement agency and its controller showed they didn't have much authority over judges' pay.

  • March 11, 2025

    Publix's Suit Over Ga. County's Private Attys 'Beyond Reason'

    Publix can't sue a metro Atlanta county to force it to drop its private attorneys who filed an opioid suit against the supermarket chain, the Georgia Court of Appeals has said, ruling that the company "fails to show what right the county has violated by its choice of counsel."

  • March 11, 2025

    Colorado Pot Grower Sues Regulators Over Lax Enforcement

    A Colorado cannabis grower is suing state regulators, alleging that they are failing to crack down on illegal businesses and retaliating against legitimate operations for blowing the whistle on noncompliant actors.

  • March 11, 2025

    Trump Admin Drops Suit Over COVID Nasal Spray Ads Claims

    The U.S. Department of Justice quietly moved Monday to drop a Utah federal court lawsuit filed on behalf of the Federal Trade Commission accusing a sinus nasal spray company of falsely claiming its products could help prevent and treat COVID-19.

  • March 11, 2025

    NJ High Court Approves AG Conflicts Waiver Pilot Program

    The New Jersey Supreme Court has given the go-ahead for a two-year pilot program through which the state attorney general will be allowed to waive conflicts of interest for public clients represented by the Office of the Attorney General.

  • March 11, 2025

    Bipartisan Bill Penalizing Child Labor Violations Reintroduced

    A bill that would heavily penalize companies that have been found in violation of child labor laws and would bar them from securing government contracts has been reintroduced by two senators.

  • March 11, 2025

    1st Circ. Upholds Block On Trump's Birthright Citizenship Order

    The First Circuit on Tuesday refused to disturb a Massachusetts federal judge's ruling that blocked the Trump administration's move to end birthright citizenship, rejecting the government's claim that states suing over the policy lacked standing.

  • March 11, 2025

    Utah Lawmakers OK Min. Tax Rate Consensus Certification

    Utah would require a minimum property tax rate imposed by school districts to be certified by the state's tax commission, the governor's Office of Planning and Budget and the state Legislature's Office of the Legislative Fiscal Analyst under a bill approved by state lawmakers and headed to the governor.

  • March 11, 2025

    White House Names Ex-Goldman Sachs Atty To Lead USPTO

    U.S. President Donald Trump has nominated John Squires, Goldman Sachs' former longtime chief intellectual property counsel, to serve as the next U.S. Patent and Trademark Office director.

  • March 11, 2025

    Trump Admin Must Restore $250M In Teacher Grants For Now

    A federal judge in Massachusetts late Monday ordered the Trump administration to temporarily restore $250 million in funding for teacher training grants that it had slashed over their ties to diversity, equity and inclusion initiatives.

  • March 11, 2025

    Womble Bond Partner Named US Attorney For Western NC

    A white collar defense attorney and business litigator from Womble Bond Dickinson's Charlotte office will helm the U.S. Attorney's Office for the Western District of North Carolina, filling a vacancy left by former U.S. Attorney Dena J. King.

  • March 10, 2025

    CFPB Hasn't Justified Pausing Comerica Suit, Judge Rules

    A Texas federal judge on Monday refused to pause the Consumer Financial Protection Bureau's case accusing Comerica of mismanaging a government benefit card program, ruling that the CFPB hasn't explained why staying the case "would be in the interest of justice."

  • March 10, 2025

    Justices Seen Resolving Circuit Split Over Med Mal Law

    The U.S. Supreme Court said Monday it will decide whether a Delaware medical malpractice statute requiring an expert affidavit can apply in federal court, which experts said will give the justices the opportunity to reassess the so-called Erie doctrine and the relationship between state and federal courts.

  • March 10, 2025

    EPA Says It Wants To Redo Biden-Era Chemical Risk Rule

    The U.S. Environmental Protection Agency on Monday told the D.C. Circuit it wants to reconsider a Biden-era rule that strengthened regulations to assess chemicals' health and environmental risks.

  • March 10, 2025

    Warren Says Defense Nominee Has 'Clear Conflict Of Interest'

    Democratic Sen. Elizabeth Warren called out deputy defense secretary nominee Stephen Feinberg on Sunday for a "clear conflict of interest" due to his ties to Ligado Networks, which is suing the federal government for $40 billion, and urged him to agree to recuse himself from any decisions about the company.

  • March 10, 2025

    Split SEC Pulls Subpoena Authority From Enforcement Head

    A divided U.S. Securities and Exchange Commission on Monday withdrew a 15-year-old policy that allowed the director of enforcement to greenlight new investigations and approve the issuance of subpoenas, leaving the decision squarely in the hands of the agency's Republican majority.

  • March 10, 2025

    ICE Can't Deport Columbia Student Suing Over Campus Arrest

    A New York federal judge barred immigration officials Monday from deporting a pro-Palestinian Columbia University graduate student, a day after he sued the Trump administration for allegedly violating his constitutional rights by arresting him outside his on-campus home that he shares with his pregnant wife who is a U.S. citizen.

  • March 10, 2025

    FCC Chair Suggests YouTube Censors Christian Content

    The Federal Communications Commission's new leader wants to know if YouTube and Google have a policy, "secret or otherwise," of discriminating against faith-based programming after receiving a complaint from the network that owns the popular Christian streaming service PureFlix.

  • March 10, 2025

    Tribal Nations, Students Sue Feds Over School Staffing Cuts

    Three tribal nations and five Native American students are asking a D.C. federal court to block a Trump administration executive order calling for large-scale federal workforce reductions, saying the directive devastated operations and undermined Bureau of Indian Education schools across the nation.

  • March 10, 2025

    Bad Police Work Led To 30-Year Sentence, Conn. Jury Told

    A Connecticut man who served 30 years in prison for a murder he did not commit should be compensated because one local police officer failed to disclose key evidence and another sat by as the state police fed facts to an informant, his attorneys told a federal jury Monday afternoon.

Expert Analysis

  • As EPA Backs Down, Expect Enviros To Step Up Citizen Suits

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    As President Donald Trump's U.S. Environmental Protection Agency draws down federal enforcement efforts, environmental groups will step into the void and file citizen suits — so companies should focus on compliance efforts, stay savvy about emerging analytical and monitoring methods, and maintain good relations with neighbors, say attorneys at Beveridge & Diamond.

  • CFPB's Message To States Takes On New Weight Under Trump

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    The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.

  • What's Next For State Regulation Of Hemp Cannabinoids

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    Based on two recent federal court cases that indisputably fortify broad state authority to regulate intoxicating hemp cannabinoid products, 2025 will feature continued aggressive state regulation of such products as industry stakeholders wait for Congress to release its plans for the next five-year Farm Bill, say attorneys at Foley Hoag.

  • What Companies Should Consider During FCPA Pause

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    While waiting for updated guidance on Foreign Corrupt Practices Act criminal investigations after a Feb. 10 executive order froze FCPA enforcement, companies should consider the implications of several possible policy shifts, rather than relaxing internal oversight of questionable business practices, say attorneys at Simpson Thacher.

  • How Criminal Enforcement Of Trump Tariffs May Work

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    While tariff enforcement has traditionally been handled as a civil matter, tariffs are central to President Donald Trump's broader economic, immigration and national security agendas — making it likely that the U.S. Department of Justice will be tasked with criminal enforcement of tariff evasion, say attorneys at BakerHostetler.

  • Takeaways From CFTC's Private Fund Rule Amendments

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    The U.S. Commodity Futures Trading Commission's recently adopted amendments to Rule 4.7 of the Commodity Exchange Act ensure that investors in the complex derivatives markets receive relevant and comprehensive information, and further align suitability criteria for investors in private funds, says Rita Molesworth at Willkie.

  • National Bank Act Rulings Facilitate More Preemption Analysis

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    Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • Emphasize Social Spaces During RE Project Public Review

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    As Boston continues to work through revisions to its public review process for real estate projects, developers attempting to balance impact mitigation and community improvements may benefit from emphasizing the ways in which development plans can facilitate open social exchange, says David Linhart at Goulston & Storrs.

  • What NHTSA's Autonomous Vehicle Proposal Means For Cos.

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    The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.

  • Preparing For Stricter Anti-Boycott Enforcement Under Trump

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    Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.

  • Opinion

    New DOJ Leaders Should Curb Ill-Conceived Prosecutions

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    First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.

  • Tips For Pharma-Biotech Overlap Reporting In New HSR Form

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    While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • A Look At Drug Price Negotiation Program's Ongoing Impact

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    More than two years after the passage of the Inflation Reduction Act and the rapid implementation of the drug price negotiation program, attorneys at Ropes & Gray discuss how the IRA has influenced licensing strategies, and how maximum fair prices under the law have economically affected certain drugs.

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