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Public Policy
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March 14, 2025
Justices Set Deadline In Birthright Citizenship Injunction Row
The U.S. Supreme Court on Friday gave states and organizations challenging President Donald Trump's executive order aimed at limiting birthright citizenship until early next month to address Trump's request for the high court to limit three federal judge's injunctions that preliminarily blocked the order's implementation across the U.S.
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March 14, 2025
4th Circ. Lets White House Anti-DEI Efforts Proceed
The Fourth Circuit on Friday lifted a temporary injunction blocking President Donald Trump's administration from implementing the bulk of his executive orders targeting diversity, equity and inclusion programs, though each judge on the panel had differing views on the matter.
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March 14, 2025
11th Circ. Again Upholds Fla. Ban On Under-21 Gun Sales
Florida's law banning sales of firearms to anyone under 21 is constitutional, a divided Eleventh Circuit ruled Friday on en banc review, finding that America's 18- to 20-year-olds have had their gun rights checked since the nation's founding.
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March 14, 2025
Looming Virginia AI Bill Likely Just Start Of State Law Flood
Virginia is on the brink of becoming the second state to regulate high-risk uses of artificial intelligence, a move that would kick-start the formation of a patchwork that is similar to the one emerging in the data privacy realm and that is expected to rapidly expand in the wake of the federal government's disavowal of stringent rules in the AI space.
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March 14, 2025
9th Circ. Axes Dershowitz Sanction, Clarifies 'Of Counsel' Law
The Ninth Circuit on Friday rejected Alan Dershowitz's arguments that his First Amendment rights shield him from being sanctioned for filing frivolous election-related litigation as "for counsel" representing Republican Arizona candidates, but the panel nevertheless reversed sanctions against Dershowitz since it's the first time the circuit has clarified the law.
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March 14, 2025
Columbia Activist Has Steep Legal Climb To Fight Removal
Columbia University graduate student and green card holder Mahmoud Khalil may have some avenues to fight his deportation based on an obscure provision of immigration law, but a 25-year-old precedent may work against the Palestinian activist.
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March 14, 2025
Judge Backs Conn. Utility's $2M Enviro Penalty In Rate Hike Row
An Avangrid Inc. unit must suffer a roughly $2 million annual penalty for failing to remediate pollution at the defunct English Station power plant in New Haven, Connecticut, a judge has ruled as part of a broader order that upholds most of the state utility regulator's decision to slash a requested $131 million rate hike.
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March 14, 2025
Justices Told 11th Circ.'s FTCA Ruling Is 'Upside-Down'
An Eleventh Circuit decision that scuttled a Georgia family's lawsuit after they were subjected to a botched no-knock raid by the FBI turned "upside-down" the intent of the Constitution's supremacy clause and "would nullify" the Federal Tort Claims Act, advocacy group Public Citizen told the U.S. Supreme Court Friday.
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March 14, 2025
Calif. Insurance Chief OKs State Farm Rates Pending Hearing
The California Department of Insurance on Friday provisionally approved State Farm's request for an emergency rate hike following the Los Angeles fires, including a nearly 22% increase for homeowners, saying final approval will be contingent on the insurer justifying its request at a hearing.
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March 14, 2025
DC Circ. Asks If FERC Oil Orders Are In Its Purview
The D.C. Circuit is questioning its own decades-long practice of reviewing orders from the Federal Energy Regulatory Commission that help determine the cost of transporting oil through pipelines, asking litigants whether it has jurisdiction to consider an appeal nearing its conclusion.
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March 14, 2025
Legalese Aside, Live Nation Judge Keeps Damages Claims
A New York federal judge refused Friday to pare back a lawsuit filed by the government and 40 states accusing Live Nation of quashing competition and hiking ticketing prices, preserving claims that artists have been forced to use Live Nation promotion services and deeming state attorneys general to have standing to seek damages.
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March 14, 2025
Gov't Tells Justices FCC Subsidy Critics Target 'Strawman'
Opponents of the Federal Communications Commission's nearly 30-year-old telecom subsidy system are making "strawman" arguments by claiming taxing power has been unlawfully delegated away from Congress, the government told the U.S. Supreme Court.
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March 14, 2025
Apple Tells DC Circ. It's Still Singled Out In Final Google Fixes
Apple told the D.C. Circuit that it still needs to intervene in the U.S. Department of Justice's search monopolization case against Google because the government's final remedy proposal still treats the iPhone-maker differently than other companies.
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March 14, 2025
Calif. Tribe Looks To Defend Casino Land Trust Decision
A California tribe at the crux of an Interior Department decision to take 221 acres of trust land for the construction of its casino development wants to intervene in a challenge to the order, saying it and the federal agency have different goals in dismissing the dispute.
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March 14, 2025
FCC Chief Presses Congress For Spectrum Pipeline Soon
The Republican chair of the Federal Communications Commission told lawmakers the U.S. won't make critical advances on the wireless technology front until they free up dedicated blocks of airwaves for private licensing.
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March 14, 2025
Senate Approves Full-Year Funding Resolution
The U.S. Senate on Friday passed a continuing resolution funding the federal government for the remainder of fiscal year 2025, after a small group of Democrats sided with Republicans to end debate on the bill.
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March 14, 2025
DOJ Drops Biden-Era Suit Over Iowa Immigration Law
The U.S. Department of Justice on Friday voluntarily dropped a lawsuit lodged under the former Biden administration that challenged Iowa legislation empowering state officials to arrest and remove previously deported noncitizens, months after the Eighth Circuit upheld an order blocking the law.
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March 14, 2025
SpaceX Suit Against Coastal Commission Grounded, For Now
A California federal judge dismissed SpaceX's suit Friday alleging the California Coastal Commission wrongly tried to block its rocket launches, but allowed leave to amend the complaint after warning the company's lawyer he would not grant any leave if he kept up his current line of attack on the suit.
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March 14, 2025
FTC Urges 8th Circ. Not To Pause Insulin Pricing Case
The Federal Trade Commission has urged the Eighth Circuit not to pause its in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, telling the appeals court the pharmacy benefit managers have no chance of winning on their constitutional claims.
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March 14, 2025
11th Circ. Upholds Toss Of Avian Orgs.' Bid To Import Parrots
The Eleventh Circuit on Friday affirmed a judgment against two exotic bird nonprofits trying to get approval to import two parrot species, ruling that the Wild Bird Conservation Act does not allow for a carveout of only captive-bred parrot species from certain countries.
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March 14, 2025
Connecticut Wants Retailers' Hemp Law Challenge Tossed
The state of Connecticut has asked a federal judge to toss a lawsuit by nearly a dozen hemp retailers challenging statutes designed to regulate hemp-derived products with high levels of THC, saying the retailers' lawsuit is deficient in multiple ways.
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March 14, 2025
Ex-De Blasio Admin Official Admits To Arranging ICE Arrest
A former director in ex-New York City Mayor Bill de Blasio's administration pled guilty Friday to leveraging his law enforcement connections to arrange for a U.S. Immigrations and Customs Enforcement agent to make an arrest.
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March 14, 2025
Dr. Oz Pledges 'Upcoding' Crackdown If Confirmed At CMS
Dr. Mehmet Oz told lawmakers he would combat rising healthcare costs by showing there's a "new sheriff in town" opposed to so-called upcoding by Medicare Advantage plans, as he sought support Friday for his nomination to lead the U.S. Centers for Medicare and Medicaid Services.
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March 14, 2025
Meet The Ex-Judge Hoping To Unseat Philly's District Attorney
Former Philadelphia Municipal Court Judge Patrick Dugan has his eyes set on fellow Democrat Larry Krasner's position as the City of Brotherly Love's top prosecutor, hoping to come out on top in a primary race that will determine who ends up in control of the district attorney's office.
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March 14, 2025
Convict Seeks Prison Delay Ahead Of Nadine Menendez Trial
An associate of former U.S. Sen. Robert Menendez who is appealing his conviction for bribing the politician with gold and cash asked a New York federal judge Friday to postpone his voluntary surrender for imprisonment as he prepares to testify in the trial of the ex-politician's wife.
Expert Analysis
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Opinion
State FCAs Should Cover Local Fund Misuse, State Tax Fraud
New Jersey and other states with similar False Claims Acts should amend them to cover misappropriated municipal funding, and state and local tax fraud, which would encourage more whistleblowers to come forward and increase their recoveries, says Kenneth Levine at Stone & Magnanini.
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Dewberry Ruling Is A Wakeup Call For Trademark Owners
The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.
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Anticipating Calif. Oversight Of PE Participation In Healthcare
A new bill recently introduced in the California Senate revives last year's attempt to increase oversight of healthcare transactions involving private equity groups and hedge funds, meaning that attorneys may soon need to assess the compliance status of existing management relationships and consider modifying contract terms, says Andrew Demetriou at Husch Blackwell.
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A Look At The Student Loan Case Pending At Supreme Court
The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.
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New HSR Rules Augur A Deeper Antitrust Review By Agencies
After some initial uncertainty, the new Hart-Scott-Rodino Act rules did go into effect last month, and though their increased information requirements create greater initial burdens for merging parties, the rules should lead to greater certainty and predictability through a more efficient and effective review process, says Craig Malam at Edgeworth Economics.
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New Fla. Financial Abuse Law May See Limited Buy-In
Florida's newly effective financial protection law comes with compliance burdens and uncertainties that could discourage financial institutions from participating, even though the law aims to shield them from liability for delaying transactions when they suspect exploitation of elderly and vulnerable account holders, say attorneys at Shutts & Bowen.
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Navigating The Uncertain Future Of The Superfund PFAS Rule
The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Opinion
IRS Should Revise Overbroad Microcaptive Regs
Rather than seeking to curtail use of congressionally sanctioned microcaptive insurance programs by imposing burdensome disclosure obligations, the Internal Revenue Service should revisit its recently finalized regulations and implement rules tailored to address areas of specific abuse, say attorneys at Zerbe Miller.
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How GSA Lease Clauses May Affect DOGE Terminations
The Department of Government Efficiency has begun to cut the U.S. General Services Administration's enormous real estate portfolio, but some standard lease clauses include limits helpful to landlords that may slow progress toward the administration's cost-cutting goals, say attorneys at Pillsbury.
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Considering The Future Of AI Regulation On Health Sector
As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.
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How Banks Can Prepare For NYDFS Overdraft Overhaul
The New York State Department of Financial Services' recent proposal to amend overdraft rules for financial institutions underscores states' potential to create consumer protection mechanisms in the absence of meaningful federal action, say attorneys at Steptoe.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.