Public Policy

  • March 11, 2025

    FTC Defends Southern Glazer's Pricing Case

    The Federal Trade Commission is defending its price discrimination case against alcohol distributor Southern Glazer's, telling a California federal judge Monday that the company's move to dismiss the suit "misapprehends applicable case law, ignores key allegations, and overstates the factual detail required of the pleading standard."

  • March 11, 2025

    DOJ's RealPage Antitrust Case Gets New Judge

    The U.S. Department of Justice's price-fixing lawsuit against algorithmic real estate pricing company RealPage is getting a new judge due to a conflict.

  • March 11, 2025

    BigLaw Firms Join To Support Del. Corporate Law Changes

    Twenty-one law firms with Delaware corporate practices have jointly endorsed pending state legislation, S.B. 21, that aims to narrow stockholder avenues for challenging corporate acts and clarify the definition of company controllers.

  • March 11, 2025

    FERC Can't Defend Its Enforcement Powers, Energy Co. Says

    An energy efficiency aggregator insists that the Federal Energy Regulatory Commission doesn't have the authority to pursue a market manipulation case against it, telling a North Carolina federal judge that just because it can contest a penalty in court doesn't mean its constitutional rights haven't been violated.

  • March 11, 2025

    Former Immigration Judges Defend Legal Services Programs

    A group of former immigration judges and Board of Immigration Appeals members told a D.C. federal judge that legal services programs for unrepresented detained immigrants that the Trump administration stopped funding help the courts function more efficiently.

  • March 11, 2025

    CMA's Big Tech Enforcement To Focus On UK Impact

    An official for the Competition and Markets Authority said the agency will focus enforcement efforts against technology companies on issues that have a local impact in the United Kingdom and is less likely to act on issues already being addressed by other authorities.

  • March 11, 2025

    NYC Workers Can't Revive Fossil Fuel Divestment Challenge

    A New York state appeals court refused Tuesday to reopen a lawsuit claiming several New York City pension plans unlawfully put politics over municipal employees' financial needs by divesting $3.9 billion from fossil fuels, backing a trial court's determination that the workers hadn't shown their benefits were affected.

  • March 11, 2025

    Split 2nd Circ. Says Court Records Rule Flouts Free Speech

    A split panel of the Second Circuit said Tuesday that Vermont's new rule restricting access to newly filed state court complaints until they can be reviewed by court staff is unconstitutional in its current form, with one judge arguing that the majority's ruling will stifle innovation in judicial procedures.

  • 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."

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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