Public Policy

  • April 02, 2025

    5th Circ. Presses Jackson, Miss., About Lead Levels In Water

    A Fifth Circuit panel pressed the city of Jackson, Mississippi, about its allegedly slipshod handling of lead contamination in city drinking water during oral arguments Wednesday, with one judge saying city officials seemingly "very artfully avoided" questions about poisoned drinking water to skirt culpability.

  • April 02, 2025

    NIH Sued By Researchers Over 'Ideological Purge' On Grants

    The American Public Health Association and others sued the federal government in Massachusetts federal court on Wednesday over the cancellations of billions of dollars worth of National Institutes of Health research grants on such issues as gender identity, diversity, vaccine hesitancy and climate change, claiming the "ideological purge" is illegal.

  • April 02, 2025

    DC Judge Probes EPA's Reasons For Freezing Climate Funds

    A D.C. federal judge on Wednesday pressed a U.S. Department of Justice lawyer about the U.S. Environmental Protection Agency's explanation for cutting off $20 billion in grant money for climate change projects as a trio of nonprofits seek to turn the funding back on.

  • April 02, 2025

    Justices' Ghost Gun Decision Worrisome Win For Gun Control

    The U.S. Supreme Court's recent decision upholding a Bureau of Alcohol, Tobacco, Firearms and Explosives rule restricting so-called ghost gun kits is a clear-cut win for gun control proponents, but experts said it also signals a problematic shift to a supervisory role for the courts.

  • April 02, 2025

    DC Circ. To Hear Trump Admin's Bid To Stay CFPB Injunction

    A D.C. Circuit panel said Wednesday that it will hold a hearing next week on whether to stay a federal judge's order barring the Trump administration from shutting down the Consumer Financial Protection Bureau, taking up what has also become a jurisdictional dispute.

  • April 02, 2025

    Congress Demands VA Update Health Record System Costs

    A bipartisan group of congressional leaders has sent a letter demanding that the U.S. Department of Veterans Affairs update its schedule and cost estimate for its problem-ridden, multibillion-dollar electronic health record modernization program, just as the VA announced it would roll out the system to nine additional sites in 2026.

  • April 02, 2025

    Attys Call Ending DOJ Tax Division 'Epic Failure' In Efficiency

    The U.S. Department of Justice's plan to dissolve its Tax Division would jeopardize effective tax enforcement nationwide, a slew of tax controversy lawyers told the DOJ Wednesday, saying such a move would defeat President Donald Trump's stated overarching goal to improve government efficiency.

  • April 02, 2025

    Immigration Officials Restrict Sex Recognition To The Binary

    U.S. Citizenship and Immigration Services said Wednesday that it will recognize only two biological sexes — male and female — ending the Biden administration's short-lived policy of allowing nonbinary immigrants to select an "X" gender marker on some forms.

  • April 02, 2025

    Serial Acquisitions Are Still On The FTC's Radar

    The previous administration's focus on private equity firms making serial acquisitions in the same industry may continue under the Federal Trade Commission's new leadership, an agency official said Wednesday.

  • April 02, 2025

    Sotomayor Seems Wary Of 'Magic Words' For Medicaid Rights

    The U.S. Supreme Court's liberal bloc on Wednesday bristled at the notion that "magic words" were necessary to cement a public insurance program recipient's right to sue, suggesting that a private right of action is inherent in the Medicaid Act's provider choice provision.

  • April 02, 2025

    5th Circ. Asks If Miss. Discount Drug Law Is Constitutional

    A Fifth Circuit panel struggled to untangle a Mississippi state law requiring drugmakers to distribute products to pharmacies at a discount, asking Wednesday whether the law unconstitutionally deprives drugmakers of their right to decide what they do with their property.

  • April 02, 2025

    Boeing CEO Tells Senate Panel Safety Overhaul Progressing

    Boeing's CEO told a Senate panel Wednesday that the company remains focused on overhauling its corporate culture and plugging safety gaps on production lines, as the plane-maker continues to stabilize its business after being rocked by two 737 Max 8 crashes and a door-plug blowout.

  • April 02, 2025

    Florida Sued Over New Criminal Penalties For Migrants

    Advocates for immigrant and farmworker rights lodged a putative class action Wednesday challenging a Florida law criminalizing the entry of unauthorized migrants into the state, saying the law gives state officials unprecedented power to prosecute noncitizens and no defense to asylum seekers.

  • April 02, 2025

    Trump Unveils New Tariffs On Dozens Of Countries

    President Donald Trump announced sweeping tariffs on major trading partners Wednesday, including a 10% rate on all goods entering the U.S. to take effect later this week, in a "declaration of economic independence" he says will jump-start domestic industry and production.

  • April 02, 2025

    DOJ Fights Bid To End Suit Over Ill. Sanctuary Laws

    The U.S. Department of Justice responded Tuesday to a bid by Illinois and other sanctuary jurisdictions within the state to dismiss the Trump administration's suit challenging their policies toward immigrants, casting them as an "extraordinary assault" on the federal government's attempt to enforce federal immigration laws.

  • April 02, 2025

    Signal Steals The Show At Cybersecurity Oversight Hearing

    Democrats and Republicans faced off Wednesday morning at a House Subcommittee on Military and Foreign Affairs hearing over how to prevent state-sponsored cyberattacks, crossing swords over whether Democrats were "politicizing" the hearing by bringing up the recent Signal app leak of plans to attack targets in Yemen.

  • April 02, 2025

    With Dems Fired, GOP Recused, FTC Pauses PBMs Case

    The Federal Trade Commission has stayed its insulin price-fixing case against pharmacy benefit managers for more than three months, saying it does not have any commissioners to hear it after two Republican members recused themselves and the two Democratic commissioners were removed from their posts by President Donald Trump last month.

  • April 02, 2025

    'You Sound Like Tobacco Cos.,' 9th Circ. Judge Tells Tech Atty

    A Ninth Circuit judge expressed doubts Wednesday about a tech trade group's effort to preliminarily block California from enforcing a new law barring platforms from using algorithms to deliver addictive feeds to children, telling the group's counsel that social media might be worse than a carcinogen and "you sound like the tobacco companies."

  • April 02, 2025

    Groups Say Interior Is Ignoring Aging Calif. Oil Platforms

    The federal government has failed to require Sable Offshore Corp. to update safety and pollution control plans at oil and gas drilling facilities off the California coast that fed an onshore pipeline that spilled in 2015, a new lawsuit says.

  • April 02, 2025

    Broadcasters Ask FCC To Lift National Ownership Cap

    Broadcasters asked the Federal Communications Commission on Wednesday to lift the 39% federal cap on national market share, one of the industry's longest-sought changes to media ownership rules.

  • April 02, 2025

    Colo. Regulators Want Pot Grower's Enforcement Suit Tossed

    The Colorado Department of Revenue is urging a state court to throw out a suit by a cannabis farm alleging that the Marijuana Enforcement Division has failed to enforce its regulations, saying that there's no final agency action for the farm to challenge in the courts.

  • April 02, 2025

    Feds Claim Immunity For ICE Agent Who Made Midtrial Arrest

    Lawyers with the U.S. attorney's office in Boston asked a federal judge Wednesday to toss a state court judge's contempt finding against an Immigration and Customs Enforcement agent who detained a defendant midtrial, calling the decision a "damaging state intrusion into federal functions."

  • April 02, 2025

    Judge Won't Let Feds Cut Legal Funding For Migrant Kids Yet

    A California federal judge said the federal government can't cut funding for groups that provide legal representation to unaccompanied immigrant children, finding that the public interest strongly weighs in favor of maintaining the status quo. 

  • April 02, 2025

    CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts

    CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.

  • April 02, 2025

    Calif. Tribe Sues After DOI Rescinds $700M Casino Eligibility

    The U.S. Department of the Interior's sudden decision to rescind gambling eligibility for a $700 million tribal casino-resort project violates the California tribe's due process rights and is an overreach of the agency's authority, the tribe told a D.C. federal judge in a new lawsuit.

Expert Analysis

  • How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes

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    Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.

  • Include State And Local Enforcers In Cartel Risk Evaluations

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    Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • How Del. Supreme Court, Legislature Have Clarified 'Control'

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    The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.

  • Service By Token Is Transforming Crypto Litigation Landscape

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    As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.

  • What To Expect For Stem Cell Regulation Under Trump Admin

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    The new administration's push for deregulation, plus the post-Chevron legal landscape, and momentum from key political and industry players to facilitate stem cell innovation may create an opportune backdrop for a significant reduction in the U.S. Food and Drug Administration's regulatory framework for stem cells, say attorneys at Sheppard Mullin.

  • Rebuttal

    6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • Executive Orders Paving Way For New Era Of Crypto Banking

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    Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.

  • Opinion

    After Fires, Calif. Must Streamline Enviro Reviews For Housing

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    Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.

  • How Calif. Algorithmic Pricing Bills Could Affect Consumers

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    California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.

  • Jurisdiction Argument In USAID Dissent Is Up For Debate

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    A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.

  • How Importers Can Minimize FCA Risks Of Tariff Mitigation

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    False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.

  • Explaining CFPB's Legal Duties Under The Dodd-Frank Act

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    While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.

  • State Securities Enforcers May Fill A Federal Enforcement Gap

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    The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

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