Public Policy

  • February 12, 2025

    Unions Beef Up Suit To Keep DOGE Out Of Federal Agencies

    Unions and nonprofits seeking to stop Elon Musk's Department of Government Efficiency from accessing the U.S. Department of Labor's data have enhanced their injunction request, looking also to shield the Consumer Financial Protection Bureau's and Department of Health and Human Services' data and prove they have standing to sue.

  • February 12, 2025

    DOJ Removes For-Cause Protection For FTC, Other Agencies

    The U.S. Department of Justice has determined that for-cause removals for members of the Federal Trade Commission, National Labor Relations Board and Consumer Product Safety Commission are unconstitutional, acting Solicitor General Sarah Harris informed Sen. Dick Durbin, D-Ill., ranking Democrat of the Senate Judiciary Committee, in a letter Wednesday.

  • February 12, 2025

    Trump's Trans Sports Ban Challenged In New Hampshire Suit

    President Donald Trump's executive order banning transgender individuals from competing in women's sports was hit with its first court challenge Wednesday, as two New Hampshire trans teenagers added the federal government to their lawsuit challenging a similar state-level policy.

  • February 12, 2025

    Avangrid Unit's Counterclaim Cut From Plant Cleanup Fight

    The United Illuminating Co. cannot assert a counterclaim against the commissioner of Connecticut's energy regulator as they battle over the cleanup of the defunct and polluted English Station power plant in New Haven because the utility has not overcome the state's sovereign immunity, a state court has ruled.

  • February 12, 2025

    OSC Sues FEMA Worker Who Skipped Trump Houses

    The U.S. Office of Special Counsel, whose leader President Donald Trump is attempting to fire, filed a complaint Tuesday seeking to discipline a Federal Emergency Management Agency staffer who instructed employees last fall to avoid homes with Trump campaign signs.

  • February 12, 2025

    FCC Chief Says Comcast To Be Probed For Supporting DEI

    The FCC's new leader is going after Comcast and NBCUniversal for their efforts to be diverse and inclusive, revealing Wednesday that he had directed the agency to open an investigation into the pair of companies to ensure they aren't "promoting invidious forms of discrimination."

  • February 12, 2025

    OCC Departs International Network Focused On Climate Risks

    The Office of the Comptroller of the Currency on Tuesday became the latest U.S. government entity to withdraw from the Network of Central Banks and Supervisors for Greening the Financial System, an international consortium focused on the financial sector's responses and resilience to climate change.

  • February 12, 2025

    Colo. Judge Tosses Online Fax Co.'s Junk Ad Suit

    A Colorado federal judge dismissed an online fax service provider's Telephone Consumer Protection Act suit alleging a group of companies overwhelmed its system with "junk" faxes, finding in a Wednesday order that the law's prohibition specifically applies to a "machine" that receives and prints faxes.

  • February 12, 2025

    DOJ Wants Nationwide Injunction Trimmed In Citizenship Case

    The U.S. Department of Justice has called on a Maryland federal judge to narrow the scope of a nationwide injunction blocking the implementation of President Donald Trump's executive order limiting birthright citizenship, saying it should apply only to the individuals identified in the suit. 

  • February 12, 2025

    GOP Sens. Pitch $1K Tax On EVs To Boost Highway Fund

    Republican senators on Wednesday proposed legislation that would establish a $1,000 tax on all new electric vehicles to help bolster a federal fund that pays for highway, road, bridge and transit upgrades nationwide.

  • February 12, 2025

    Groups Try To Stop Trump's 'Catastrophic' Refugee Shutdown

    A group of refugees and nonprofits suing President Donald Trump over his suspension of a refugee program are urging a Seattle federal judge to block enforcement of the executive order, warning refugees will otherwise remain stranded abroad as the program is dismantled.

  • February 12, 2025

    Copyright Office's Economist Report Chimes In On AI Debate

    A report released Wednesday by a group of economists convened by the U.S. Copyright Office explores the complicated — and sometimes fraught — economic considerations at the heart of the debate over copyright policy and artificial intelligence.

  • February 12, 2025

    USPTO Ends Fast Exams Of Patents Targeting Climate Change

    The U.S. Patent and Trademark Office has suspended a program that sped up examination of patent applications for inventions that are intended to mitigate climate change, saying any future petitions to participate in the program will not be granted.

  • February 12, 2025

    RI Judge Won't Pause Order To Unfreeze Funds Amid Appeal

    A Rhode Island federal judge refused Wednesday to pause a court order blocking a freeze on funding for federal grants and programs while the Trump administration appeals the ruling to the First Circuit.

  • February 12, 2025

    Chester, Pa., Can Probe Water Utility's Assets In Ch. 9

    A Pennsylvania bankruptcy judge gave the ailing city of Chester the green light Wednesday to probe a water utility about its assets, but stopped short of allowing the city under Chapter 9 protection to share the information or allowing an auditor to visit the utility's property.

  • February 12, 2025

    5th Circ. OKs Drop Of Litigation Over Biden-Era GHG Rule

    The Fifth Circuit has signed off on the Trump administration's decision to cease litigation over a Biden-era rule that required states to set targets for reducing greenhouse gas emissions tied to federally funded highway projects.

  • February 12, 2025

    Fintech Group Wants To Defend CFPB's Open Banking Rule

    Fintech industry group the Financial Technology Association on Wednesday filed to defend the Consumer Financial Protection Bureau's open banking rule in an ongoing challenge from the banking industry since the agency's own defense of the rule is uncertain in the wake of Trump administration shake-ups.

  • February 12, 2025

    Judge Jackson Bars White House's Special Counsel Switch

    A D.C. district judge late Wednesday issued a temporary restraining order preventing the Trump Administration from replacing the head of the U.S. Office of Special Counsel until the court rules on request for a preliminary injunction blocking the move.

  • February 12, 2025

    House Antitrust Chair Wants To Override Merger Overhaul

    The head of the House antitrust subcommittee, Rep. Scott Fitzgerald, R-Wisc., introduced a bill Tuesday that would unwind the newly in-effect overhaul to merger filing requirements that practitioners say will significantly increase upfront burdens but that the Federal Trade Commission's Republican leadership has argued will lower costs.

  • February 12, 2025

    OPM Violated Employees' Privacy Rights, Unions Say

    The U.S. Office of Personnel Management violated federal privacy laws when it gave Elon Musk's recently established Department of Government Efficiency access to its employment records, unions representing federal employees and administrative law judges said in a lawsuit filed in New York federal court.

  • February 12, 2025

    Advocates Sue DHS Over Access To Guantanamo Deportees

    The Trump administration has transported dozens of immigrants to Guantanamo and is now holding them "incommunicado" without access to attorneys, family members, or the outside world, a group of immigrants' rights advocates said in a lawsuit filed Wednesday in D.C. federal court.

  • February 12, 2025

    Colo. City Asks State Justices To Revive Pot Ballot Question

    The city of Colorado Springs is asking the Colorado Supreme Court to revive a ballot initiative that a district court struck from an upcoming election that would repeal an initiative passed in November authorizing the retail sale of cannabis in city limits.

  • February 12, 2025

    Trump Nominates New EPA Air, Water, Legal Division Leaders

    President Donald Trump on Tuesday nominated new leaders for the U.S. Environmental Protection Agency's legal, air, water and financial offices, all of whom are veterans of his first term.

  • February 12, 2025

    ICE Says Advocacy Groups Can't Sue Over Border Asylum Halt

    U.S. Immigration and Customs Enforcement has fired back at a lawsuit challenging the Trump administration's move to shut down all avenues for asylum at the southern border, saying the immigrant advocacy organizations behind the suit lack standing and can't "override the president's judgment."

  • February 12, 2025

    Tribal Healthcare In Danger Due To Hiring Freeze, Letter Says

    The top Democratic ranking members for subcommittees that oversee federal funding for the Indian Health Service are demanding the U.S. Department of Health and Human Services intervene to stop cuts to the agency's workforce, saying without it Indigenous communities' access to needed services is in jeopardy.

Expert Analysis

  • Searching For Insight On Requested Google Chrome Remedy

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    The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.

  • Opinion

    3 New Year's Resolutions For Antitrust Agencies To Consider

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    James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.

  • FTC Focus: A Changing Of The Guard

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    While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • 8 Trends And Predictions Following PE's Late 2024 Surge

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    Private equity will remain at the forefront of value creation in 2025, and anticipated market trends include sponsors' desire to return capital to investors and a more business-friendly tack by the Antitrust Division of the U.S. Department of Justice, say attorneys at Weil.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • How Changes In State Gift Card Laws May Affect Cos. In 2025

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    2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.

  • Health Tech Regulatory Trends To Watch In 2025

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    With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.

  • Expect Continued Momentum For Nuclear Power In 2025

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    With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • Predicting The Lasting Changes CFPB May Face In 2025

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    President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.

  • 5 Proactive Immigration Best Practices For Employers In 2025

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    Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.

  • 2025 Patent And TM Policy At USPTO: What We Know So Far

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    This upcoming year at the U.S. Patent and Trademark Office promises a continued focus on artificial intelligence-related policies, as well as initiatives to drive efficiency and modernize standard processes, say attorneys at Knobbe Martens.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

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