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Public Policy
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March 07, 2025
GAO Says Congress Can't Undo Calif. Emissions Waivers
The U.S. Government Accountability Office is weighing in against the Trump administration's effort to team up with Congress to take away California's ability to set its own greenhouse gas emissions standards for vehicles.
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March 07, 2025
AGs Back Fight Against End Of Venezuelans' Protected Status
The attorneys general of 18 states urged a California federal judge on Friday to postpone the U.S. Department of Homeland Security's early termination of deportation protections for more than 500,000 Venezuelans, saying DHS Secretary Kristi Noem gave no sound reason for ending the temporary protections.
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March 07, 2025
USPTO Scraps Expedited Review Program For New Filers
The U.S. Patent and Trademark Office is winding down a program that expedites review of patent applications from first-time filers, the agency announced, saying the initiative will "expire as scheduled" on Tuesday.
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March 07, 2025
Okla. Gov.'s Brother Can't Use McGirt Ruling to Avoid Ticket
Keith Stitt, brother of Oklahoma Gov. Kevin Stitt, can't dodge a speeding ticket on the back of a 2020 landmark U.S. Supreme Court ruling, a state appeals court panel said, arguing that the city of Tulsa, Oklahoma, maintains jurisdiction over the dispute.
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March 07, 2025
CPKC Rail Merger Enviro Review Needs Redo, DC Circ. Told
A group of Illinois towns told the D.C. Circuit on Friday that federal regulators relied on flawed train traffic data to approve Canadian Pacific's $31 billion merger with Kansas City Southern, failing to account for significant public safety and environmental harms to Windy City communities.
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March 07, 2025
Trump DOJ's Shift Threatens To Upend Police Reform
As the Trump administration abandons consent decrees — court-ordered agreements designed to curb police misconduct — experts warn that a crucial mechanism for law enforcement accountability is disappearing.
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March 07, 2025
SD Lawmakers Request Study Of Tax Relief For Homeowners
South Dakota instructed its Legislative Research Council to review the state's property tax policies and identify ways to provide property tax relief to homeowners under a concurrent resolution approved by state lawmakers.
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March 07, 2025
Ex-Santos Staffer Gets 1 Year For Fundraising Fraud
A former staffer for expelled U.S. Rep. George Santos, R-N.Y., was sentenced to a year and a day in prison Friday after pleading guilty to posing as a top aide to former House Speaker Kevin McCarthy to solicit donations.
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March 07, 2025
Ukraine Off The Hook For European Import Duties On Steel
The European Commission on Friday proposed a year's extension to its exemption of duties for steel imports from Ukraine, in support of the country's economy following Russia's "unprovoked and unjustified war of aggression," it said in a statement.
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March 07, 2025
Cosmetics Co. Sues Insurer Over Calif. Water Pollution Claims
A cosmetics company facing water pollution claims told a California federal court its insurer denied coverage in bad faith, saying though the insurer agreed to defend a lawsuit from the California attorney general, the insurer still wrongly refused to reimburse costs from two prior, related suits that were ultimately rescinded.
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March 07, 2025
Trucker Overtime Carveout Is Focus Of Reintroduced Bill
A bipartisan group of lawmakers introduced a bill that would nix a Fair Labor Standards Act carveout making certain truck drivers overtime-exempt.
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March 07, 2025
Prison Phone Co. Floats New FCC Rate Cap Plan
Prison phone company NCIC Correctional Services is hoping to kill several birds with one stone by presenting the Federal Communications Commission with a proposal it says would fix issues with a 2024 order changing how the phone prison payment system works and resolve some issues it has on appeal at the First Circuit.
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March 07, 2025
Tariffs, Diversity And DOGE Dominate Trump 2.0 'Risk Factors'
Public companies are busily reworking risk disclosures since the arrival of President Donald Trump's second administration, seeking to walk a fine line of being upfront with investors about potential threats to business despite vast legal and policy uncertainties.
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March 07, 2025
U. Of Washington To Pay $4M To End COVID Tuition Case
The University of Washington will pay $4 million to settle a class action filed by students seeking tuition reimbursement from the COVID-19 campus shutdown, according to a settlement that received a judge's preliminary approval this week.
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March 07, 2025
NY's Crackdown On Illicit Pot Is Unconstitutional, Club Says
A self-described cannabis club has launched a legal challenge to New York policies aimed at combating unregulated marijuana sales, saying authorities' raids unconstitutionally shut down its businesses.
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March 07, 2025
GOP Rep Wants Legislative Redo Of Broadband Program
A key House Republican has filed legislation to overhaul the U.S. Commerce Department's multibillion-dollar broadband deployment program to remove some regulations tied to federal funding.
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March 07, 2025
Conn. Justice Questions Fairness Of Water Rate Hike Rebuff
Connecticut's utility regulator may have treated an Eversource subsidiary unfairly when it told the company it could not increase consumers' water rates to make up for $42 million in capital expenditures, a state Supreme Court justice said Friday.
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March 07, 2025
DOJ Cites SDNY Prosecutors' Texts In Bid To End Adams Case
President Donald Trump's Justice Department doubled down Friday on its bid to toss the corruption case against New York City Mayor Eric Adams, citing newly released internal correspondence showing "troubling conduct" by Southern District of New York prosecutors the agency criticized as "careerist" and insubordinate.
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March 07, 2025
Judicial Impeachment Calls Could Drive Anger At Bench
Twenty-nine years ago, then-U.S. Chief Justice William Rehnquist laid out a cautionary tale on impeachments of judges.
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March 07, 2025
Judge Slams 'Unreasonable' Atty Fee Request in FOIA Case
A D.C. federal judge rejected an asylum-seeker's request for more than $130,000 in attorney fees in a successful Freedom of Information Act case against the federal government, saying "serious deficiencies" in her attorney's billing practices render the request "patently unreasonable."
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March 07, 2025
Budtenders Say Curaleaf's Tips Policy Violates Federal Law
A proposed class of budtenders for Curaleaf Inc.'s Maryland dispensaries are suing the company, saying it violates the Fair Labor Standards Act with its policy of paying out tips to managers.
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March 07, 2025
Judge Upholds Denial Of Class Cert. For 'Bridgegate' Drivers
A New Jersey federal judge has refused to disturb his 2023 denial of class certification for George Washington Bridge travelers who claimed the infamous "Bridgegate" traffic jam violated their constitutional rights, ruling that the plaintiffs' arguments were already considered and found to be immaterial to the case.
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March 07, 2025
EPA To Drop Enforcement Suit Against La. Neoprene Maker
The Trump administration is dropping a lawsuit alleging that a neoprene manufacturer's air emissions pose a health threat to the surrounding community, saying the action is part of its effort to "end radical DEI programs" and "eliminate ideological overreach."
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March 07, 2025
California Bar Orders Investigation Of Flawed Exam
The State Bar of California is bringing on an independent investigator to look into the problem-plagued administration of the February bar exam, which left scores of test-takers feeling cheated.
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March 07, 2025
Mass. Housing Law Called Unfunded Mandate In Latest Suit
A controversial Massachusetts housing law requiring multifamily zoning near Boston-area transit facilities is facing a new legal challenge after the town of Wrentham argued in a Thursday state court suit that it's an unfunded mandate on localities.
Expert Analysis
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Reg Waiver Eases Calif. Rebuilding, But Proceed With Care
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.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
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.
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Trump's Energy Plans: Climate, Data Centers, LNG And More
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.
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AI Will Soon Transform The E-Discovery Industrial Complex
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.
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What To Do When ICE Shows Up At The Hospital
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.
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Unpacking The Legal Foundation Of Trump's New Trade War
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.
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A View Of The Shifting Insurance Regulatory Landscape
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.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
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.
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When Innovation Overwhelms The Rule Of Law
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.
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FTC Focus: Avoiding 'Gun Jumping' Violations
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.
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What Compensation Committees Must Keep In Mind In 2025
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.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
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.
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Preparing For A Possible End To The Subminimum Wage
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.
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Engaging With Feds On Threats To Executives, Employees
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.
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The Risk And Reward Of Federal Approach To AI Regulation
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.