Public Policy

  • April 04, 2025

    Mohawk Nation Drops Out Of NY Suit Over Deal Disagreement

    A New York federal judge has granted a tribal nation's bid to dismiss its claims against the state in a land dispute stemming from a 1796 treaty after the tribe told the judge it can't go along with a proposed settlement.

  • April 04, 2025

    Split DC Circ. Denies Calif. Subsidies For Border Hospitals

    A split D.C. Circuit panel on Friday found it was not unconstitutional for California to exclude hospitals bordering the state from a program distributing supplemental payments to providers that serve Medi-Cal beneficiaries.

  • April 04, 2025

    Detained Tufts Student's Suit Transferred To Vermont

    A Massachusetts federal judge on Friday transferred a Tufts University student's habeas corpus suit to Vermont, rejecting the federal government's bid to dismiss the suit or transfer it to Louisiana, where the Turkish doctoral student is currently detained.

  • April 04, 2025

    Broadcasters Seek Updated Tech Rules For Emergency Alerts

    A national trade association for over-the-air radio and television broadcasters has renewed its 2022 request for the U.S. Federal Communications Commission to update its emergency alert rules, citing the recent announcement that one of the remaining vendors for the emergency alert system's devices will soon stop making the relevant equipment.

  • April 04, 2025

    Feds Must Bring Back Wrongly Deported Md. Man, Judge Says

    A Maryland federal judge Friday ordered the Trump administration to bring back a Maryland man who was deported and imprisoned in El Salvador due to an "administrative error," finding his removal likely violates the Immigration and Nationality Act.

  • April 04, 2025

    Railroads Worry Growing Spectrum Needs Won't Be Met

    The Association of American Railroads is warning the Federal Communications Commission that its frequencies need to be better protected from interference in order to assure that trains keep running properly and safely.

  • April 04, 2025

    Judge Halts Denver Dam Work For More Enviro Review

    A Colorado federal judge has temporarily halted construction on a Denver dam, pending a hearing on what is "reasonable and necessary" to ensure the dam will be structurally safe while the federal government takes a second look at its dredging permit approval.

  • April 04, 2025

    Va. Tribe Accuses State Of Obstructing Medicaid Program

    The Nansemond Indian Nation and its healthcare entity have sued the Commonwealth of Virginia in federal court, saying the state made changes to its Medicaid program without lawful authority in a "systematic" campaign to undermine the sovereign rights of tribes.

  • April 04, 2025

    NIH Wants Prompt 1st Circ. Review Of Agency's Grant Caps

    The National Institutes of Health is seeking a quicker path to appeal a ruling that blocked its cap on research grant costs, asking a Boston federal judge on Friday to make permanent the preliminary injunction that put the agency's cost-cutting plans on hold. 

  • April 04, 2025

    Jury Must Hear Law School Remote Learning Disability Suit

    A Michigan federal judge on Friday said a jury should determine whether it was reasonable for Wayne State University to deny a blind student's request to attend classes virtually because it claimed doing so would alter the curriculum, noting that the school went entirely online during the COVID-19 pandemic.

  • April 04, 2025

    House Dem Seeks Caffeine Warnings After Student Death

    Fast food chains and energy drink makers should be required to slap a "high caffeine" warning on certain beverages, a U.S. House Democrat said, announcing his intention to push such a bill while standing next to the parents of a University of Pennsylvania student who died after drinking a now-discontinued caffeinated drink.

  • April 04, 2025

    Ex-BigLaw Attorney, Aspen Officals Drop Remodeling Fee Suit

    Litigator Steven Molo and a county government agreed to dismiss a lawsuit claiming officials improperly charged nearly $750,000 in impact fees for a 2023 remodeling project on the attorney's Aspen, Colorado, home under a 2020 land use ordinance.

  • April 04, 2025

    Texas Says San Antonio Is Funding Out-Of-State Abortions

    Texas Attorney General Ken Paxton accused the city of San Antonio of appropriating taxpayer funds to pay for pregnant women to travel out of state to seek abortions, in a lawsuit filed in state court Friday.

  • April 04, 2025

    11th Circ. Told Worker Was Illegally Fired Over Anti-Gay Article

    A former Miami-Dade County employee on Friday urged the Eleventh Circuit to reinstate his lawsuit alleging he was illegally fired for authoring a transphobic and anti-gay blog post on his own time, saying a policy prohibiting the publication of offensive statements is constitutionally overbroad and violates his First Amendment rights.

  • April 04, 2025

    Colo. Union Vote Overhaul Hangs In Balance With Veto Threat

    A proposal to overhaul Colorado's law requiring unions to go through a second election before negotiating union security clauses is undergoing last-minute discussions over its final form in hopes of thwarting the governor's veto threat.

  • April 04, 2025

    DC Judge Wary Of Blocking ICE From Raiding Churches

    The D.C. federal judge who is set to decide whether to block the Trump administration from carrying out immigration raids or arrests in places of worship seemed skeptical Friday morning about her ability to do so.

  • April 04, 2025

    Youths Ask Alaska High Court To Stop LNG Project

    A group of young Alaskans is asking the state's high court to block a deal to develop the only permitted liquefied natural gas export project on the Pacific coast of the U.S.

  • April 04, 2025

    ​​​​​​​Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates nearly 100 times in March about their priorities, including a rework of prison phone rate caps, efforts to clear broadband deployment hurdles, the transition to next-generation TV and more. Here's a look at some of the groups that met with the FCC in March and what they're concerned about.

  • April 04, 2025

    Colo. Residents Say City Stormwater Fees Are Unlawful Taxes

    A Boulder, Colorado, community organization has alleged in state court that the city is unlawfully charging residents fees for stormwater and flood management in order to pay for $66 million worth of bonds issued for a local flood mitigation project.

  • April 04, 2025

    Ohio AG Takes Trans Care Limits Bid To State Justices

    Ohio Attorney General Dave Yost has taken his bid to reinstate limits on gender-affirming care for transgender youths to the state's highest court and wants the law's enforcement to continue throughout his appeal.

  • April 04, 2025

    Texas Justices Deny UnitedHealthcare, Humana Records Row

    The Texas Supreme Court declined Friday to take up a dispute between United HealthCare Services Inc. and Humana Insurance Co. over whether UnitedHealthcare should have to turn over Medicare documents connected to a state retirement plan.

  • April 04, 2025

    SEC Says Reserve-Backed Stablecoins Aren't Securities

    The U.S. Securities and Exchange Commission's Division of Corporation Finance said Friday the offer and sale of reserve-backed dollar stablecoins aren't securities transactions, in the latest statement to set out the staff's views on the boundaries of its jurisdiction over digital assets.

  • April 04, 2025

    6th Circ. Allows Tenn. Gas Plant Pipeline To Proceed

    The Sixth Circuit on Friday rejected conservation groups' challenges to federal and state Clean Water Act approvals to a Kinder Morgan unit's pipeline that would serve a Tennessee Valley Authority natural gas-fired power plant in Cumberland City.

  • April 04, 2025

    Fed's Barr Says Bank Regulators Should 'Explore' Gen AI

    Federal Reserve Gov. Michael Barr called Friday for banking regulators to look into how they themselves might harness generative artificial intelligence, arguing the experience could help them better understand how banks' use of the technology should be overseen.

  • April 04, 2025

    No Basis To Upend Time Bar On Veterans' Claims, DOJ Says

    Veterans challenging a federal appeals court's ruling that a six-year statute of limitations applies to retroactive combat-related special compensation that Congress has authorized can't show lawmakers intended otherwise, the federal government told the U.S. Supreme Court.

Expert Analysis

  • Takeaways From Oral Argument In High Court Trademark Case

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    Unpacking oral arguments from Dewberry Group v. Dewberry Engineers, which the U.S. Supreme Court is expected to rule on this year, sheds light on the ways in which the decision could significantly affect trademark infringement plaintiffs' ability to receive monetary damages, say attorneys at Buchanan Ingersoll.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • What Banks Need To Know About Trump's Executive Orders

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    While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.

  • How SDNY US Atty Nom May Shape Enforcement Priorities

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    President Donald Trump’s nominee for U.S. attorney in the Southern District of New York, former U.S. Securities and Exchange Commission Chair Jay Clayton, will likely shift the office’s enforcement priorities, from refining whistleblower policies to deemphasizing novel prosecutorial theories, say attorneys at Cohen & Gresser.

  • How FAR Council's Proposal May Revamp Conflicts Reporting

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    The Federal Acquisition Regulatory Council's recent proposal for updating organizational conflict of interest rules includes some welcome clarifications, but new representation and disclosure obligations would upend long-standing practices, likely increase contractors’ False Claims Act risks, and necessitate implementation of more complex OCI compliance programs, say attorneys at Wiley.

  • 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.

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