Public Policy

February 14, 2025
Trump Aims To End Limits On President's Power To Fire

President Donald Trump has his sights set on taking down a 90-year-old U.S. Supreme Court ruling that protects certain government officials from being fired, a U.S. Department of Justice letter confirms, and he plans to leverage his prior legal victories to deliver the precedent's death knell and expand presidential power.
February 14, 2025
Ga. School District Must Face Bullying Claim At Trial

A federal judge said that it will be up to a jury to decide whether a Georgia school district did enough to stop bullying that allegedly led to a teen's suicide, but ruled that school and district officials were off the hook for his mother's claims that they were negligent.
February 14, 2025
At 'Fly In,' Carriers Stress Broadband Funding To Lawmakers

Regional telecom carriers gathered on Capitol Hill to call for stable future funding to build high-speed communications networks and make sure rural areas have enough access to spectrum in the coming years.
February 14, 2025
Old Permits Irrelevant To Pollution Controls, Texas Justices Say

The Texas Supreme Court said that previous emissions permits have no bearing on the definition of the best available pollution control technology for new projects, weighing in on a Fifth Circuit dispute over a proposed liquefied natural gas terminal in Port Arthur, Texas.
February 14, 2025
DC Judge Declines To Block New OPM Email System

A D.C. federal judge on Monday declined to temporarily stop the Office of Personnel Management from using a new centralized messaging system that a putative class of federal employees claims is insecure.
February 14, 2025
Texas Investigates DeepSeek For State Privacy Law Breach

Texas announced an investigation into Chinese AI startup DeepSeek, saying the company has run afoul of state privacy laws and has seemingly stolen Texas citizens' data.
February 14, 2025
Bill Opposing Artists' Radio Station Royalties Back In House

The battle over whether local radio stations should pay royalties to performers whose songs they air is heating up.
February 14, 2025
Trump Admin To Cut Thousands Of Federal Health Employees

The Trump administration has started to cut thousands of federal healthcare employees, following through on its promises to shrink government and enact mass changes to agencies that oversee the health of millions of Americans.
February 14, 2025
EPA Fires Hundreds Of Employees, Cuts Millions In Contracts

The U.S. Environmental Protection Agency on Friday kept up the pace of cuts to staffing and spending, firing 388 probationary workers and canceling $60 million in contracts related to diversity, equity and inclusion and environmental justice programs.
February 14, 2025
Minn. Compacts Will Give Tribes Access To Cannabis Market

Proposed compacts would allow Minnesota's 11 federally recognized tribes to license up to five cannabis dispensaries each outside of their reservation lands, according to a draft of the agreement.
February 14, 2025
9th Circ. Judge Grills Feds In Immigrant Detention Regs Case

A Ninth Circuit judge pressed the federal government Friday on its stance that a Washington state law goes too far in setting health and safety benchmarks for a privately run immigration detention center, drawing an "apples-to-apples" comparison with similar rules for contractor-run psychiatric hospitals.
February 14, 2025
New Delisting Rules Shorten Leash For Distressed Companies

Distressed companies should take heed of new stock exchange rules that are likely to accelerate delistings for stocks that trade below minimum requirements, particularly targeting businesses that rely on reverse stock splits to inflate their share prices, attorneys say.
February 14, 2025
Mich. Abortion Provider Rule Not Evidence-Based, Judge Told

A professor of midwifery testified Friday that abortions can be safely performed by nondoctor clinicians, on the second day of a trial to determine if certain abortion regulations in Michigan have unconstitutionally limited access to the procedure.
February 14, 2025
Justices Urged To Curb Feds' Ability To Prosecute Medical Pot

A Maine man accused of running an illicit medical marijuana cultivator has asked the U.S. Supreme Court to hear an appeal arguing that congressional spending legislation bars federal prosecutors from bringing cases against state-compliant cannabis operations.
February 14, 2025
EPA, Energy Dept. Rush To Fulfill Trump's Appliance Order

The U.S. Environmental Protection Agency and U.S. Department of Energy said they're acting to comply with President Donald Trump's order — delivered via social media post — that they should undo Biden-era appliance efficiency standards.
February 14, 2025
'Cruel And Sadistic': Orgs Decry Cuts To Refugee Program

With a one-two punch suspending refugee admissions and halting federal grants for nonprofits that have worked in tandem with the U.S. Department of State for decades, the Trump administration has effectively crippled the U.S. refugee program, according to groups providing resettlement services.
February 14, 2025
FCC Could Pull Equipment OKs For New Dahua US Owner

The Federal Communications Commission is threatening to pull authorizations for a Taiwanese network infrastructure company's U.S. subsidiary, saying the company appears to be selling video surveillance products that are restricted as part of the commission's "covered list" of equipment found to pose a national security risk.
February 14, 2025
NTSB Probes Faulty Helicopter Data In DC Collision

The National Transportation Safety Board said that the U.S. Army Black Hawk helicopter involved in last month's deadly midair collision over the Potomac River may not have heard crucial instructions from air traffic controllers and may have been getting inaccurate readings from the cockpit's altimeters.
February 14, 2025
House Dems Amplify ABA Decision On High Court Ethics

Democrats on the House Judiciary Committee's courts panel urged the U.S. Supreme Court on Friday to adopt a binding and enforceable code of ethics after the American Bar Association's policy-making body advocated for such.
February 14, 2025
Insurer Can Proceed With Miami Retaliation Coverage Dispute

A Florida federal court partially rejected on Friday a magistrate judge's dismissal recommendations in a dispute between the city of Miami and an insurer over coverage for underlying lawsuits that allege political retaliation, allowing the parties to litigate the insurer's potential duty to defend.
February 14, 2025
House Dems Question Rationale For OSHA Guidance Purge

Democratic members of the House Committee on Education and the Workforce demanded that the U.S. Department of Labor provide details about why certain worker safety documents were removed from the federal government's website, saying some information seems to have been arbitrarily removed because it referenced "diversity" or "gender."
February 14, 2025
Corporate Transparency Act Vital For Nat'l Security, Circs. Told

A nationwide registry of beneficial ownership information is critical to U.S. foreign policy and national security goals, which makes a law aimed at creating one, the Corporate Transparency Act, a valid exercise of congressional authority, groups told the Fourth and Fifth circuits.
February 14, 2025
Judge Needs Time To Mull Block On DOGE's Agency Audits

A Washington, D.C., federal judge said he plans to rule "promptly" on a request by worker and consumer advocates to stop the Department of Government Efficiency from accessing three federal agencies' data but couldn't say when following a wide-ranging hearing on the bid.
February 14, 2025
Drug Costs, State Laws Fuel Push For Fed. Action On PBMs

Skyrocketing prescription drug costs and a proliferation of state laws are driving renewed calls from employers and benefit plan administrators for Congress to enact federal legislation changing how pharmacy benefit managers do business, experts say.
February 14, 2025
Feds Hit With Brady Claims As Implant Kickback Trial Looms

Two defendants nearing trial on medical device kickback claims say Boston federal prosecutors are begrudgingly sharing mountains of exculpatory materials they should have provided years ago.

Expert Analysis

Nixing NRC Oversight Of Small Reactors Could Cut Both Ways

A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
Anticipating How GAO Pleading Standards May Shift

The 2025 National Defense Authorization Act's mandate to create an enhanced pleading standard at the U.S. Government Accountability Office may change the calculus for where to file when challenging a U.S. Department of Defense procurement, say attorneys at Rogers Joseph.
Issues To Watch In 2025's ERISA Litigation Landscape

Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
Roundup

Banking Brief: State Law Recaps From Each Quarter Of 2024

In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
How DOGE's Bite Can Live Up To Its Bark

All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
2024 Was A Significant Year For HIPAA Compliance

The Office of Civil Rights' high level of Health Insurance Portability and Accountability Act activity in 2024 and press releases about its specific focus on certain cybersecurity issues make it abundantly clear that the OCR is not going to tolerate widespread compliance complacency, says Nathan Kottkamp at Williams Mullen.
Examining DOJ Corporate Whistleblower Pilot's First 100 Days

Though the U.S. Department of Justice’s corporate whistleblower awards pilot program has successfully elicited numerous tips since its August launch, stakeholder feedback leaves questions about how the scheme compares to other whistleblower awards and protections — and how it will fare in the incoming Trump administration, say attorneys at Joseph Greenwald.
Proactively Managing Tariff Impacts On Megaprojects

President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects — so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.
New York Climate Superfund Law May Face Preemption Fight

New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.
Forecasting The Future Of The FTC Post-Inauguration

The incoming Federal Trade Commission leadership's agenda, which is expected to be in sharp contrast with the Biden administration's enforcement posture, will be noticeable right away in the first few weeks of the Trump administration, say attorneys at Cooley.
5 Notable Information Security Events In 2024

B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
Opinion

Trump Should Pass On Project 2025's Disparate Impact Plan

The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.
Opinion

Laken Riley Act Will Not Advance Immigration Reform

By granting states legal standing to sue the U.S. Department of Homeland Security for immigration violations, the Laken Riley Act enables states to block all kinds of federal actions they don't like but provides little reason for them to be invested in positive change, says Jacob Hamburger at Cornell University Law School.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
How 2025 NDAA May Affect DOD Procurement Protests

A bid protest pilot program included in the 2025 National Defense Authorization Act shifts litigation costs onto unsuccessful bid protesters and raises claim-filing thresholds, which could increase risks to U.S. Department of Defense contractors who file protests, and reduce oversight of DOD procurement awards, say attorneys at Venable.