Public Policy

  • September 15, 2025

    Utilities Slam EPA's Lead Water Rule As Too Broad, Rushed

    Drinking water utilities have told the D.C. Circuit that the federal government's 2024 rule ordering the removal of lead service lines imposes unreasonably burdensome compliance requirements, and they urged the court to strike it down.

  • September 15, 2025

    Calif. Legislators OK Requiring Oversight Of Workplace AI

    The California Senate has approved a bill that would restrict how employers can use tools powered by artificial intelligence to make employment decisions, sending the legislation to Gov. Gavin Newsom's desk despite opposition from business groups.

  • September 15, 2025

    Fears Mounting For Noncitizens Suing Over Ghana Removals

    Attorneys for noncitizens trying to prevent their removal to countries where immigration judges have ruled they may be tortured said Monday they have lost internet contact with their clients in Ghana, where the U.S. allegedly sent them en route to their home countries.

  • September 15, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.

  • September 15, 2025

    RI Opens Applications For Adult-Use Cannabis Licenses

    Rhode Island cannabis regulators on Friday opened applications for new cannabis retail licenses, signaling a significant step in the expansion of the state's recreational marijuana market following the state's legalization of the drug for adult use more than three years ago.

  • September 15, 2025

    Virginia Tribe's Fed. Recognition Bill Reintroduced In Congress

    U.S. House Rep. Jen Kiggans has introduced legislation that would give federal recognition to Virginia's Cheroenhaka (Nottoway) Indian Tribe, saying the bill marks an important step in honoring its centurieslong history and ensuring access to the federal programs and services it deserves.

  • September 15, 2025

    Lifeline Providers Hope For Increased Federal Subsidy

    Providers of the federal Lifeline phone subsidy are pressing to raise the monthly reimbursement to $30 as part of changes potentially sought by a congressional working group on universal service.

  • September 15, 2025

    US, China Agree On TikTok Ownership Transfer, Bessent Says

    The U.S. and China established a commercial framework for a deal with video sharing giant TikTok to transfer ownership of the app to the U.S., just days before a deadline to sell the app or shut it down, U.S. Treasury Secretary Scott Bessent told reporters at a press conference in Madrid on Monday.

  • September 15, 2025

    Feds Urge 3rd Circ. To Restore NJ US Atty's Authority

    The federal government has urged the Third Circuit to reverse a district court ruling disqualifying acting U.S. Attorney Alina Habba from prosecuting two criminal cases in New Jersey after the clock allegedly ran out on her interim term, arguing that her appointment is valid and that the court erred in its interpretation of the statute.

  • September 15, 2025

    S. Korea Ditches Plan To Widen Gains Tax On Stock Transfers

    South Korea's government is abandoning plans to lower a threshold for its capital gains tax on stock transfers, which would have made more shareholders liable, after receiving negative feedback from markets, the country's finance ministry said Monday.

  • September 15, 2025

    USPTO Regional Director Joins Holland & Hart In Denver

    The U.S. Patent and Trademark Office's former regional director in the Rocky Mountains has joined Holland & Hart LLP as of counsel, the firm announced Monday.

  • September 15, 2025

    EPA Backs Off Drinking Water Regs For 4 PFAS

    The U.S. Environmental Protection Agency has asked the D.C. Circuit to vacate part of its rule setting drinking water standards for certain forever chemicals, saying it now believes that those shouldn't have been included in a Biden-era rule.

  • September 15, 2025

    Ford Battery Factory Challenge Reignited By Mich. Justices

    The Michigan Supreme Court has revived a challenge to Ford Motor Co.'s plans to build an electric vehicle battery plant in Calhoun County, vacating a lower appellate ruling that affirmed the case's dismissal in light of another state top court opinion over similar zoning authority issues.

  • September 15, 2025

    FCC Knocks Provider Off Anti-Robocall Database For Lying

    Yet another voice service provider has been blocked from U.S. networks after the Federal Communications Commission said that the company submitted false information to the agency's robocall mitigation database.

  • September 15, 2025

    NJ AG Names New Leader Of Public Integrity Office

    New Jersey Attorney General Matthew Platkin announced Monday that he has appointed a longtime prosecutor with a track record of handling high-profile corruption cases to lead the state Office of Public Integrity and Accountability.

  • September 15, 2025

    9th Circ. Says Ore. Water Rights Case Is Still Relevant

    The Ninth Circuit won't dismiss the Klamath Irrigation District's appeal over water releases from an Oregon lake as moot, saying a decision would provide relief by affecting how the scarce resource is allocated regardless of the federal government's new position on the application of the Endangered Species Act.

  • September 15, 2025

    Former Nuclear Commission GC Joins Morgan Lewis In DC

    The former general counsel of the U.S. Nuclear Regulatory Commission, who spent nearly her entire career there in roles at the intersection of nuclear law and policy, has joined Morgan Lewis & Bockius LLP's Washington, D.C., office, the firm said Monday.

  • September 15, 2025

    Ohio Says Browns' Stadium Suit Is Moot After Law Change

    The state of Ohio told a federal court a Cleveland Browns lawsuit accusing the city of thwarting its move to a suburb is now moot because the state has altered the law at the center of the debate and allocated $600 million from the state budget for its relocation.

  • September 15, 2025

    Ex-Epstein Prosecutor Maurene Comey Sues DOJ Over Firing

    Maurene Comey, a former Manhattan federal prosecutor who brought high-profile criminal cases against the likes of Jeffrey Epstein and Sean "Diddy" Combs, sued the Justice Department on Monday alleging her abrupt July firing came "solely or substantially" because she is the daughter of former FBI Director James Comey, a Trump critic.

  • September 15, 2025

    RI Court Halts Political Criteria In $75M Homelessness Grant

    A Rhode Island federal judge granted a temporary restraining order directing the U.S. Department of Housing and Urban Development to disburse grants through a $75 million program to combat homelessness after groups complained the Trump administration sought to impose new barriers to winning funding.

  • September 14, 2025

    Fed's Cook Defends Reinstatement As Trump Pushes For Stay

    Federal Reserve Gov. Lisa Cook squared off with the Trump administration over the weekend as the D.C. Circuit mulls whether to keep in place a lower-court hold on President Donald Trump's effort to fire her ahead of a key interest-rate policy vote this coming week.

  • September 12, 2025

    8th Circ. Pauses Challenges To Abandoned Climate Regs

    The Eighth Circuit on Friday said it would wait to rule on challenges to Biden-era climate disclosure rules that the U.S. Securities and Exchange Commission has said it will no longer defend, giving the regulator time to decide what it wants to do with the rules.

  • September 12, 2025

    AbbVie Can't Halt Miss. Discount Drug Law, 5th Circ. Says

    AbbVie and other pharmaceutical manufacturers that participate in Medicaid cannot preliminarily block a Mississippi law barring their interference with the distribution of discounted prescriptions to pharmacies serving low-income patients, the Fifth Circuit ruled Friday, saying the drugmakers haven't shown that the statute likely effectuates a taking of their property.

  • September 12, 2025

    Calif. Sends Groundbreaking Data Use Opt-Out, AI Bills To Gov.

    The California Legislature has approved several cutting-edge measures to boost online data privacy and safety protections for consumers, including proposals that would require browser operators such as Apple and Google to enable users to easily stop the sale and sharing of their personal data across websites and push AI-powered "companion" chatbot providers to implement safeguards. 

  • September 12, 2025

    Albertsons Loses Bid For Docs On Kroger CEO's Exit

    The Kroger Co. does not have to turn over documents to Albertsons Cos. Inc. concerning former Kroger CEO Rodney McMullen's abrupt exit, the Delaware Chancery Court ruled Friday, saying that personal conduct that prompted McMullen's resignation wasn't relevant to Albertsons' litigation claims over the grocery chains' failed $25 billion merger.

Expert Analysis

  • Unpacking Ore. Law's Limits On PE Healthcare Investment

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    A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.

  • Environmental Justice Is Alive And Well At The State Level

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    Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.

  • What FinCEN's AML Rule Delay Means For Advisers

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    Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • What Insurers Must Know About New La. Proof Of Loss Law

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    Insurers that comply with all the requirements under a Louisiana law effective this month may condition claim payments on receipt of proof of loss statements, but those that overlook even one prerequisite risk penalties and late payments, say attorneys at Phelps Dunbar.

  • Legal Jeopardy Looms Over Trump's Trade Negotiation Plans

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    Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.

  • Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal

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    After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.

  • Opinion

    Furtive Changes To Federal Health Data Threaten Admissibility

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    A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.

  • State Laws Show Uniformity Is Key To Truly Fair Bank Access

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    The lack of uniformity among state laws — including new Idaho legislation — that forbid banks from discriminating against customers based on ideology shows that a single set of federally administered fair access rules would better serve financial institutions and American consumers, say attorneys at Bradley Arant.

  • A Look At Justices' Rare Decision Not To Limit Agency Powers

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    The Supreme Court's recent denial of Alpine's cert petition in its long-running case against the Financial Industry Regulatory Authority sends a strong signal that litigation strategies dependent on the elimination of government agencies merit caution, even from a court that lately hasn't been shy about paring back agency authority, say attorneys at Venable.

  • Series

    Hiking Makes Me A Better Lawyer

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    On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

  • Opportunity Zone Overhaul Is Good News For Investors

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    Recently enacted reforms making the qualified opportunity zone program permanent, restoring the basis step-up for capital gains and adding flexibility to the zone designation process enhance the program’s appeal for long-term investment, says Steven Hadjilogiou at McDermott.

  • What US-India Trade Deal Will Mean For Indian Pharma

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    Complicated by newly imposed tariffs from the U.S., the outcome of the U.S.-India trade talks is poised to reshape not just trade policy, but also the strategic alignment of the two countries' pharmaceutical ecosystems, says Jashaswi Ghosh at Holon Law Partners.

  • Opinion

    Time For Full Disclosure Of Third-Party Funding In MDLs

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    It is appropriate that the Federal Advisory Committee on Civil Rules is considering a rule to require disclosure of third-party litigation funding in civil litigation — something that is particularly needed in multidistrict litigation, which now comprises more than half of all civil cases in the federal courts, says Eric Hudson at Butler Snow.

  • Regulating Online Activity After Porn Site Age Check Ruling

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    A recent U.S. Supreme Court decision upholding an age verification requirement for accessing online adult sexual content applied a lenient rational basis standard, raising questions for how state and federal courts will determine what kinds of laws regulating online activity will satisfy this standard going forward, say attorneys at Hogan Lovells.

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