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Public Policy
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March 07, 2025
Minn. Bills Seek Sales Tax Break For Home Construction
Construction materials for single-family and multifamily homes for first-time homebuyers would be exempt from some Minnesota sales and use taxes under legislation introduced in the state Senate.
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March 07, 2025
10th Circ. Urged To Reject Bid To Nix Microcaptive Notice
The federal government urged the Tenth Circuit to affirm a ruling that rejected a plumbing supply company's request to invalidate an IRS notice that added reporting requirements for certain microcaptive insurance arrangements, saying the lower court correctly found the suit would illegally hinder tax collection.
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March 07, 2025
Retrial In Landmark Graft Case Faces Potential Roadblocks
A retrial in a public corruption case tied to an infrastructure initiative under former New York Gov. Andrew Cuomo faces possible obstacles after being returned to a federal judge by the U.S. Supreme Court, with the parties awaiting further legal guidance from the justices and the defense saying the Trump administration's priorities may sink the case.
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March 06, 2025
Trump Executive Order Creates 'Strategic Bitcoin Reserve'
President Donald Trump on Thursday signed an executive order establishing a "Strategic Bitcoin Reserve" that White House crypto czar David Sacks said would hold Bitcoin forfeited in criminal or civil asset forfeiture proceedings.
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March 06, 2025
Amid Court Setbacks, Trump Wants Foes To Foot Legal Bills
With judges hitting the brakes on the White House's aggressive agenda, President Donald Trump on Thursday vowed to up the ante with his legal adversaries by seeking legal costs and damages if his administration ultimately prevails after initial setbacks in litigation.
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March 06, 2025
Federal Arts Agency Sued Over 'Gender Ideology' Restrictions
East Coast theater groups Thursday hauled the National Endowment for the Arts into Rhode Island federal court to challenge a restriction on funding to federal grant applicants who "promote gender ideology," saying the prohibition issued after an executive order from President Donald Trump unconstitutionally placed vague restrictions on artists' speech.
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March 06, 2025
MyPillow CEO Found In Contempt For Failing To Give Up Docs
MyPillow CEO Mike Lindell was found in contempt of court by a Minnesota federal judge on Thursday for failing to produce documents in voting machine company Smartmatic's defamation suit claiming that he lied about its operations during the 2020 presidential election.
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March 06, 2025
'Debanking' In Crosshairs Of GOP Bill On Reputational Risk
Senate Republicans on Thursday unveiled legislation that would bar federal regulators from scrutinizing for "reputational risk" in bank supervision, a measure aimed at curbing the so-called debanking of crypto firms and other politically sensitive customer categories.
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March 06, 2025
CBS Calls Trump's $20B Suit 'Affront To The 1st Amendment'
Paramount Global and CBS Broadcasting urged a Texas federal court on Thursday to toss President Donald Trump's $20 billion lawsuit accusing the network of deceptively doctoring a "60 Minutes" interview with Kamala Harris before last year's election, calling the litigation "an affront to the First Amendment" and arguing it was incorrectly lodged in Texas.
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March 06, 2025
Calif. Woman Accuses Fla. Sugar Co. Of Greenwashing
Florida Crystals Corp. is deceptively advertising sugar products as eco-friendly when it knows that its farming practices are "unnecessarily poisoning people and the planet," a Santa Cruz, California, woman has said in a proposed class action accusing the company of greenwashing.
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March 06, 2025
Feds Say 11th Circ. Should Affirm Value Of Ex-Braves' Farm
Despite dropping a bid for civil fraud penalties this week against two former Atlanta Braves players accused of overvaluing a conservation easement donation, the federal government has told the Eleventh Circuit it still stands by a U.S. Tax Court ruling that the players' valuation of the property was "firmly planted in the realm of fantasy."
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March 06, 2025
State AGs Want Fees In Kroger Wash., Ore. Merger Cases
A total of 10 attorneys general kicked off two separate bids Wednesday for attorney fees in the state and federal court cases in Washington and Oregon that blocked Kroger's $24.6 billion bid to buy Albertsons, arguing in the federal lawsuit that their substantial participation alongside the Federal Trade Commission means they "substantially prevailed."
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March 06, 2025
Judge Says He's 'Wrestling' Over Int'l Aid Freeze Injunction
A D.C. federal judge said Thursday he was still "wrestling" over a requested preliminary injunction that would stop the federal government from terminating foreign assistance grants and contracts en masse, questioning plaintiff organizations on their assertions of standing and the government's claims of "unreviewable" executive power over foreign affairs.
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March 06, 2025
9th Circ. Shreds 'Muddled' Argument In Amazon Antitrust Case
A panel of the Ninth Circuit on Thursday picked apart arguments from consumers in their lawsuit alleging Amazon violated antitrust law through the e-commerce giant's fulfillment services, with the judges saying an amended complaint was "extraordinarily light on any actual evidence" and the arguments appeared "muddled."
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March 06, 2025
USPTO's AI Strategy Doc From Biden Era Gets Scrubbed
The U.S. Patent and Trademark Office has seemingly withdrawn its artificial intelligence strategy issued in the last days of the Biden administration, scrubbing from the internet a report that emphasized the safe and responsible development of the technology.
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March 06, 2025
Comerica Demands To Face Music In CFPB Suit Amid Stay Bid
Comerica Bank has urged a Texas federal judge to reject the Consumer Financial Protection Bureau's request for a stay of its lawsuit accusing the bank of mismanaging a government benefit card program, arguing the delay lacks "any legal justification" and would harm the bank.
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March 06, 2025
Wash. Biz Groups Say Water Regs Rule Likely To Be Repealed
A group of business associations is fighting a bid by Washington state and a slew of Native American tribes to dismiss the associations' challenge to a decision that established water quality standards for the Evergreen State, saying the rule is set to be repealed under the new federal administration.
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March 06, 2025
Insurer's 9th Circ. Procedural Win Highlights Appraisal Rules
A Ninth Circuit panel affirmed that a property owner could not litigate its insurer's failure to pay for losses before a required appraisal to resolve disagreements, highlighting the importance of appraisal provisions and how they could limit potential policyholder challenges. Here, Law360 speaks to Colin Kemp, an insurance recovery attorney for Pillsbury Winthrop Shaw Pittman LLP, about Mount Vernon Specialty Insurance Co.'s procedural victory and its implications for coverage challenges.
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March 06, 2025
Dems Tell DOJ Musk May Be Strong-Arming X Advertisers
Democratic lawmakers led by Sens. Elizabeth Warren, D-Mass., and Cory Booker, D-N.J., have warned the U.S. Department of Justice and the Federal Trade Commission that billionaire Elon Musk might be using his position in the Trump administration to bully companies that advertise on his social media platform, X.
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March 06, 2025
Hunter Biden Seeks To Drop Data Hack Suit Over Money Woes
Hunter Biden on Wednesday requested that a California federal court let him dismiss his lawsuit accusing a former Trump White House aide of hacking his data as part of a campaign targeting the Biden family, saying "significant debt in the millions of dollars range" has left him unable to continue litigation.
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March 06, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 50 times in February about their priorities, including opening valuable airwaves for 5G, clearing hurdles to rural broadband, and pushing T-Mobile's $4.4 billion deal to take over UScellular's wireless operations.
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March 06, 2025
Democrats Seek Clampdown On FCC 'Weaponization'
House and Senate Democrats are going after what they're calling President Donald Trump's "weaponization of the FCC" with a pair of bills that would prevent the agency from revoking the licenses of television or radio stations based on the viewpoints they air.
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March 06, 2025
Religious Org. Seeks Protective Order In Ayahuasca Row
A church seeking a religious exemption to use the federally controlled psychedelic ayahuasca in its ceremonies is urging an Arizona federal judge to protect potentially sensitive internal documents sought by drug enforcers.
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March 06, 2025
Tribal Water Rights Bills Advance To US Senate Floor
A slew of tribal water rights settlement bills are heading to the U.S. Senate for review, and, if approved, they will allow for the completion of multimillion-dollar infrastructure projects, sustainable management and the delivery of drinking water to several Indigenous communities.
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March 06, 2025
Colorado Judge Tosses AG's Kroger Merger Claim
A Colorado state judge in Denver has dismissed the state's challenge to the previously proposed merger between Kroger and Albertsons, saying it became moot when the companies dropped their proposed merger following injunctions in Oregon and Washington federal courts.
Expert Analysis
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Trump's Day 1 Orders Augur Disruptions In Travel To US
While the orders President Donald Trump issued his first day in office didn't impose immediate entry bans as some speculated, they authorized greatly increased scrutiny of foreign nationals at U.S. consulates and ports of entry, and laid the groundwork for future actions that could significantly disrupt international travel, says Jennifer Kim at Moore & Van Allen.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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How Cos. Can Respond To CFPB Digital Asset Safeguard Plan
Though the Consumer Financial Protection Bureau’s proposal to regulate online payment platforms via existing federal laws would create new challenges, digital payment companies that engage with the rulemaking process could help shape a win-win regulatory framework that protects consumer data and ensures the sector’s growth, says Allison Raley at Arnall Golden.
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Navigating The Potential End Of GLP-1 Drug Shortages
The U.S. Food and Drug Administration's determination of whether GLP-1 products are in shortage may affect how compounders provide these products and spur a range of litigation including patent disputes and unfair competition suits, say attorneys at Goodwin.
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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Politicized OIGs Could Target Federal Employees, Contractors
After President Donald Trump fired nearly 20 inspectors general last week, it’s worth exploring how the administration could use Offices of Inspectors General to target federal employees and contractors, why it would be difficult to fight this effort, and one possible bulwark against the politicization of these watchdogs, says Sara Kropf at Kropf Moseley.
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Future Of Crypto-Asset Classification Is In 2nd Circ.'s Hands
A definitive ruling from the Second Circuit in a rare interlocutory appeal in the U.S. Securities and Exchange Commission's ongoing court battle with Coinbase could finally establish clear guidelines on the classification of digital assets, influencing how they are regulated and traded in the U.S., say attorneys at Manatt.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from Practical Guidance
The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.
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Assessing Gary Gensler's Legacy At The SEC
Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.