Public Policy

  • March 10, 2025

    Ga. Judge Rejects 'Futile' Bid To Amend Utility Commish Suit

    A Georgia federal judge has refused to revive a lawsuit that challenged the legality of how the state elects members of its utility commission, calling residents' bid to amend the suit — after an initial win was nixed by the Eleventh Circuit — "unduly delayed, inherently prejudicial, and futile."

  • March 10, 2025

    Trump Asks For Stay Of NLRB Member's Reinstatement

    The Trump administration asked the D.C. Circuit on Monday to stay a federal judge's order reinstating fired National Labor Relations Board member Gwynne Wilcox, saying the order steps on the president's authority to control the workings of the executive branch.

  • March 10, 2025

    Ariz. Power Co. Asks Justices To Review Tax On Tribal Plant

    An energy company asked the U.S. Supreme Court to review Arizona court decisions that said a power plant it owns on tribal land is subject to property taxes, arguing that privately owned improvements located on Native American reservations are exempt from state and local taxes.

  • March 10, 2025

    Tribal Casino Says Sovereign Immunity Sinks 401(k) Fee Suit

    A tribal hospitality and casino company said it shouldn't face a proposed class action alleging its 401(k) plan was bogged down by exorbitant costs and underperforming investment options, telling a New York federal court it's immune from the case as an arm of the Oneida Indian Nation.

  • March 10, 2025

    Feds Sue FDIC For $1.9M For First Republic Tax Bill

    The U.S. government sued the Federal Deposit Insurance Corp. in D.C. federal court as receiver for the failed First Republic Bank, alleging the bank understated its withholding tax for U.S.-sourced income of foreigners and now owes almost $2 million to the federal government.

  • March 10, 2025

    DOJ Accuses Live Nation Of 'Delay Tactics' In Antitrust Suit

    U.S. Department of Justice officials have urged a New York federal judge to issue an order compelling Live Nation Entertainment Inc. to produce documents held by several executives, accusing the company of using "delay tactics" in the lawsuit alleging anticompetitive behavior since merging with Ticketmaster Entertainment LLC in 2010.

  • March 10, 2025

    Treasury's CTA Halt Doesn't Justify Block, Feds Tell 5th Circ.

    The U.S. Treasury Department halting enforcement of the Corporate Transparency Act on domestic entities doesn't add justification to a nationwide block on the law because it's a valid exercise of Congress' powers to regulate commerce, taxes, foreign affairs and national security, the U.S. government told the Fifth Circuit.

  • March 10, 2025

    Trump Says Refugee Groups Can't Challenge Axed Contracts

    The Trump administration urged a Washington federal judge to reject resettlement agencies' challenge to its termination of all cooperative agreements with resettlement agencies, saying the federal government has the legal authority to do so without notice if its priorities change.

  • March 10, 2025

    National Lawyers Guild Slams Trump's Perkins Coie Order

    The Seattle Chapter of the National Lawyers Guild denounced President Donald Trump's recent executive order revoking Perkins Coie LLP's security clearances, saying on Monday the decision "exemplifies his complete disregard for the rule of law and his contempt for core American democratic values."

  • March 10, 2025

    Public Interest Groups Seek Revamped FCC Subsidy

    Advocates for federal broadband aid urged the Federal Communications Commission to support a revamp of the universal service program to make it work like the now-defunct Affordable Connectivity Program's subsidy for low-income families.

  • March 10, 2025

    11th Circ. Affirms FCC Ownership Ruling, But Scraps Penalty

    The Eleventh Circuit upheld a Federal Communications Commission finding that Gray Television broke ownership consolidation rules when it bought a CBS affiliate in Anchorage, Alaska, but vacated a $518,283 penalty against the broadcast company, saying the agency failed to serve Gray proper notice on an "egregiousness" finding.

  • March 10, 2025

    Colo. Proposal Seeks Taxpayer Votes On New State Fees

    Colorado voters could decide whether to require future votes to approve new state fees and other charges to fund major state enterprises under a pair of proposed initiatives with titles approved by a state board.

  • March 10, 2025

    Trump Tells 9th Circ. To Undo Birthright Citizenship Injunction

    President Donald Trump urged the Ninth Circuit to undo a Washington federal court's injunction on his executive order limiting birthright citizenship, saying children born to noncitizens in the United States do not fall within the Fourteenth Amendment's Citizenship Clause.

  • March 10, 2025

    Troops Renew Bid To Block Trans Military Ban Post Guidance

    Transgender service members filed a renewed bid to halt President Donald Trump's executive order barring those with gender dysphoria from serving in the military, after the U.S. Department of Defense issued new guidance the troops say effectively ends the ability for transgender people to serve.

  • March 10, 2025

    SEC Leaves Meme Coin Fraud For Other Cops To Chase

    The U.S. Securities and Exchange Commission staff's decision to say that so-called meme coins are beyond the agency's purview is a welcome change from past practices, experts say, but the devil is in the details when it comes to policing fraud and helping consumers recover when projects go bust.

  • March 10, 2025

    NC Bill Allocates $80M To Move Helene-Damaged Courthouse

    A state legislative proposal that would allocate $80 million in the form of a one-time grant for the relocation of a historic North Carolina county courthouse rendered unusable by Hurricane Helene cleared its first hurdle Monday.

  • March 10, 2025

    Iowa Opposes Vapers' Bid To Block E-Cig Regulation

    The state of Iowa on Monday urged a federal court to deny a motion from a group of vape interests seeking to block enforcement of a newly enacted law prohibiting the sale of e-cigarette products that lack federal authorization.

  • March 10, 2025

    High Court Will Review Colo.'s Conversion Therapy Ban

    The U.S. Supreme Court announced Monday that it will review a challenge to Colorado's ban on licensed therapists providing conversion therapy to transgender minors, in a case that asks whether the state's law is a permissible regulation of professional conduct or an unconstitutional restriction of speech.

  • March 10, 2025

    Colo. Justices To Weigh Attys' Duties When Borrowing Claims

    Colorado justices will consider if and when attorneys can borrow claims from other lawsuits and still satisfy their personal duty to conduct a "reasonable inquiry" under professional rules, according to an order on Monday agreeing to hear a telecommunications company's challenge to a stockholder suit.

  • March 10, 2025

    Denver Strip Clubs Challenge $14M Wage Theft Fines

    The city of Denver engaged in "shocking and unconstitutional government overreach" by conducting unlawful probes into a group of strip clubs' pay practices and ordering them to pay almost $14 million in fines, the entities told a Colorado federal court.

  • March 10, 2025

    Colo. Court Affirms Property Tax Valuation For Partial Build

    A partly built commercial building in Colorado was properly valued by a county board of equalization, as the state doesn't have an exemption for partial builds, a state appeals court ruled.

  • March 10, 2025

    Judge Who Shot Wife Gets Mistrial As Jury Hangs On Murder

    A California judge declared a mistrial Monday in the murder trial of Orange County Superior Court Judge Jeffrey Ferguson, who shot and killed his wife in their Anaheim Hills home in 2023, after jurors said they remained at an impasse over whether he was guilty of second-degree murder.

  • March 10, 2025

    Justices To Weigh If Del. Expert Law Applies In Federal Court

    The U.S. Supreme Court on Monday agreed to review whether federal courts must apply a Delaware state law requiring an expert affidavit for all medical malpractice complaints.

  • March 10, 2025

    Supreme Court Vacates Ruling On Nazi-Looted Art Dispute

    The U.S. Supreme Court on Monday vacated a unanimous Ninth Circuit decision holding that a Spanish museum is not obligated to return a painting that was stolen from a Jewish family by the Nazis, months after California changed its law in response to the dispute.

  • March 07, 2025

    As Key Hearing Looms, CFPB Emails Hint At Signs Of Life

    Recent batches of Consumer Financial Protection Bureau internal emails hint at early, fumbling efforts to bring parts of the agency back online, but whether these flickers of life will undercut an employee union's fight to keep the agency intact remains to be seen.

Expert Analysis

  • Emerging Energy Trends Reflect Shifting Political Landscape

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    As the Trump administration settles in, some emerging energy industry trends, like expanded support for fossil fuel production, are right off of its wish list — while others, like the popularity of Inflation Reduction Act energy tax credits, and bipartisan support for carbon capture, reflect more complex political realities, say attorneys at Greenberg Traurig.

  • 4 Potential Effects Of 3rd Circ.'s Coinbase Ruling

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    The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.

  • Applying ABA Atty Role Guidance To White Collar Matters

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    The American Bar Association’s recently published guidance, clarifying the duties outside counsel owes to both organizational clients and those organizations' constituents, provides best practices that attorneys representing companies in white collar and other investigative matters should heed, say attorneys at MoFo.

  • What Trump Admin's Anti-DEI Push Means For FCA Claims

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    President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.

  • Pete Seeger's Lessons For 2025 Congressional Investigations

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    The constitutional invalidation of singer Pete Seeger's contempt of Congress conviction serves as a reminder for the 119th Congress to focus its investigations on the details, instead of committee member motivations, says Matthew Miller at Foley Hoag.

  • 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.

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