Public Policy

  • April 09, 2025

    Bessent: 'It's Main Street's Turn' For Regulatory Rollbacks

    U.S. Treasury Secretary Scott Bessent on Wednesday sketched out ambitious Trump administration plans to cut financial rules for smaller, so-called community banks and rein in federal bank supervision, saying the goal is to lock up "bureaucratic hubris."

  • April 09, 2025

    New Coalition Pushes To Fix 'Broken' NJ Judicial Privacy Law

    A group of companies and individuals on Wednesday unveiled a campaign aimed at correcting what they see as misuse of the New Jersey state judicial privacy measure known as Daniel's Law, saying amendments to the law have opened the door to a "money chase" for third parties.

  • April 09, 2025

    Roberts Pauses Rehiring Of Fired NLRB, MSPB Members

    Chief Justice John Roberts temporarily paused an en banc D.C. Circuit's order reinstating two fired members of the National Labor Relations Board and the Merit Systems Protection Board on Wednesday, in a dispute that challenges a 90-year-old U.S. Supreme Court ruling protecting certain government officials from presidential removal.

  • April 09, 2025

    Religious Mission Justifies Philly Injection Site, 3rd Circ. Told

    Counsel for a nonprofit seeking to open a safe injection site in Philadelphia told the Third Circuit Wednesday that it qualified as a religious organization immune from prosecution, despite not having any spiritual language in its incorporation documents.

  • April 09, 2025

    New Mexico 3rd State To Legalize Psilocybin Therapy

    New Mexico Gov. Michelle Lujan Grisham has signed a bill legalizing psilocybin therapy in the state, making it the third state to create legal access to the active ingredient in psychoactive mushrooms.

  • April 09, 2025

    NC Fights Bias Finding In Death Row Case After Clemency

    North Carolina has asked the state Supreme Court to review a trial court ruling finding racial bias tainted the jury selection at a Black man's capital murder trial, saying the man's case was rendered moot in December when the outgoing governor commuted his sentence, according to a petition filed Monday.

  • April 09, 2025

    Mich. Justices Weigh Prosecutor's Use Of Outside Law Firms

    The Michigan Supreme Court grappled Wednesday with whether an elected county prosecutor may spend public funds to retain outside law firms after his relationship with in-house counsel broke down.

  • April 09, 2025

    NY Judge's Fundraising Conflicts Spur Censure And Retirement

    A New York state judge was censured and agreed to retire at the end of the year after an investigation found he had failed to recuse from cases where attorneys who served as his campaign officials and fundraisers appeared before him in court, a state ethics watchdog announced Wednesday.

  • April 09, 2025

    Mich. City Says Pot Co. Can't Challenge Rivals' Licenses

    A Michigan city is urging a federal court to throw out a suit by a would-be dispensary alleging that the city violated state law and the Constitution when it awarded its cannabis licenses, saying the company does not have a property right to sell substances that are illegal under federal law.

  • April 09, 2025

    FTC Has Authority To Bring Antitrust Case Against Amazon

    A federal court in Washington found the Federal Trade Commission has the authority to bring an antitrust case targeting Amazon's treatment of sellers on its platform directly in federal court without also pursuing an in-house administrative case.

  • April 09, 2025

    Trump EPA, FWS Nominees Clear Senate Committee Vote

    Three of President Donald Trump's nominees for top positions at the U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service on Wednesday cleared a Senate committee confirmation vote, clearing the path for a vote by the full body.

  • April 09, 2025

    Texas, NY Judges Halt Trump's Removals Under Wartime Law

    Federal judges in Texas and New York barred the Trump administration on Wednesday from deporting alleged Venezuelan gang members under the 1798 Alien Enemies Act, after the U.S. Supreme Court said such individuals are entitled to judicial review.

  • April 08, 2025

    'There Is No Duty To The World,' Hyundai Tells 9th Circ.

    Hyundai urged the Ninth Circuit on Tuesday to toss negligence claims from cities in consolidated litigation alleging the automaker and its Kia subsidiary sold vehicles with design flaws that spawned car thefts prompted by a social media challenge, saying the cities are trying to impose on manufacturers "a duty to the world."

  • April 08, 2025

    Jenner & Block, WilmerHale Seek Shutdown Of Trump Orders

    Jenner & Block LLP and WilmerHale on Tuesday asked Washington, D.C., federal judges for permanent court orders blocking President Donald Trump's executive orders targeting the firms, saying the directives threaten the firms, their clients and the entire legal system.

  • April 08, 2025

    House Working Group Fields Input On Data Privacy Efforts

    Business groups and digital rights advocates responding to an influential House committee's call for feedback on the latest push to craft federal data privacy legislation showed no signs of backing down from their dueling positions on the key issues that have long stymied such legislative efforts. 

  • April 08, 2025

    Trump's CFPB Pick Could Be Confirmed By May, Scott Says

    Senate Banking Committee Chairman Tim Scott, R-S.C., said Tuesday that a final confirmation vote could be just weeks away for Jonathan McKernan, who is President Donald Trump's nominee to head up the Consumer Financial Protection Bureau.

  • April 08, 2025

    White House Can't Bar AP Journalists Over 'Gulf Of America'

    The White House must restore the Associated Press' access to the press pool and other events with President Donald Trump, a D.C. federal judge ruled Tuesday, saying the government cannot bar the AP as punishment for not deferring to the president's preferred name for the Gulf of Mexico.

  • April 08, 2025

    FDIC To Look At 'Indexing' Size Thresholds For Bank Rules

    The Federal Deposit Insurance Corp.'s acting chief said Tuesday that the agency may recalibrate what counts as a large bank after years of inflation and is working on other broadly deregulatory plans for banks' living-will filings, a key leverage rule and more.

  • April 08, 2025

    US Seeks To Toss Utah Tribe's Water Claims Against Farm

    The United States has weighed in on a tribe's dispute against a farm over water use and land rights in Utah federal court, arguing that U.S. officials have approved the water transfer agreements at issue as well as more than 200 others like them.

  • April 08, 2025

    ACLU Sues To Block Deportation Of Venezuelan Nationals

    The American Civil Liberties Union filed an emergency lawsuit on Tuesday in Manhattan federal court seeking to halt the deportation of Venezuelan nationals under the Alien Enemies Act, after the Supreme Court ruled the Trump administration can proceed with doing so.

  • April 08, 2025

    NY High Court Probes If State Emissions Cap Preempts City's

    New York's highest court questioned Tuesday why the state Legislature did not explicitly state that it meant for a 2019 climate law to preempt a law regulating greenhouse gas emissions that New York City passed earlier that year, amid property owners' challenge to the city law.

  • April 08, 2025

    SEC's Uyeda Urges Review Of Federal-State Oversight Splits

    The acting chairman of the U.S. Securities and Exchange Commission on Tuesday called for a reevaluation of the threshold that divides federal and state oversight of investment advisers, saying he wants to better conserve SEC and taxpayer resources by focusing on the largest advisers.

  • April 08, 2025

    Justices Reshape Terrain For Alien Enemies Act Removals

    The U.S. Supreme Court's Monday ruling allowing the Trump administration to resume deportations of alleged gang members under the 1798 Alien Enemies Act has experts relieved that the justices affirmed due process rights, but worried about how and where they will be exercised.

  • April 08, 2025

    Tulsa County Seeks Quick Win In Tribal Jurisdiction Dispute

    Tulsa County is asking an Oklahoma federal court for an early win in a challenge by the Muscogee (Creek) Nation that looks to block the county and its officials from asserting criminal jurisdiction on its reservation, saying the request is an attack on state and federal Supreme Court precedent.

  • April 08, 2025

    Dems Air Grievances But Advance Telecom Bills At Markup

    The House Committee on Energy and Commerce managed to advance about 20 bills Tuesday, most of which dealt with telecom issues, including proposed legislation that would require the FCC to publish lists of licensees with ties to "adversarial" foreign countries and mandate a study on the dangers of foreign-made routers.

Expert Analysis

  • What To Expect From 'Make America Healthy Again' Actions

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    The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.

  • Texas Banking Dept. Memo Demystifies Crypto Classifications

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    A recent memorandum from the Texas Department of Banking provides clarity with respect to the classification of both stablecoins and nonstablecoin virtual currencies under the state's Money Services Modernization Act, flagging for firms that stablecoins may be scrutinized more closely as money transmission, say attorneys at Lowenstein Sandler.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • How Citizen Petitions Have Affected Drug Competition

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    In light of recent citizen petitions and proposed legislation regulating such petitions, Omar Robles at Managing Health analyzes the statistics of the extent to which citizen petitions have been filed, and to what extent they have delayed competition in prescription pharmaceuticals.

  • Texas Fraud Case Shows Dangers Of Faulty Crypto Reporting

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    The recent sentencing of a man who failed to properly report capital gains from bitcoin sales is a reminder that special attention must be given to the IRS' reporting requirements in order to stay out of the government's crosshairs, says Saverio Romeo at Fox Rothschild.

  • Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap

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    If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Justices' TikTok Ruling May Pose Threat To Online Expression

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    The U.S. Supreme Court's recent landmark ruling upholding a federal law mandating TikTok's forced divestiture in the name of data security may embolden digital censorship agendas worldwide, says IP lawyer Bahram Jafari.

  • Suggestions For CFTC Enforcement's New Leadership

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    The recent change in leadership at the U.S. Commodity Futures Trading Commission presents an opportunity to reflect on past practices and consider opportunities for improvement at the commission's Enforcement Division, including in observing precedent and providing greater enforcement transparency, say attorneys at Clifford Chance.

  • What SDNY Judge Can And Can't Do In Adams Case

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    The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.

  • Assessing PE Risk After Mass. False Claims Act Amendments

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    A law recently passed in Massachusetts amends the commonwealth's False Claims Act by dramatically expanding potential liability for private equity firms and investors, underscoring the importance of robust diligence and risk assessments for private equity firms conducting transactions in the commonwealth, say attorneys at Gibson Dunn.

  • How Crypto Firms Should Approach Patchwork Of State Laws

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    The Money Transmission Modernization Act was designed to create uniformity across state digital regulations, but the reality remains far from consistent — as demonstrated by the patchwork of laws in states like Texas, Vermont, New York and California — so as state legislatures convene in the coming weeks, crypto firms should watch closely for developments that could shape the regulatory landscape, say attorneys at Paul Hastings.

  • A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

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    Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

  • The Current And Future State Of Bank-Fintech Partnerships

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    Though the Consumer Financial Protection Bureau under President Donald Trump seems likely to cultivate an environment friendlier to the financial services industry, bank-fintech partnerships should stay devoted to proactive compliance and be ready to adapt to regulatory shifts that may intensify scrutiny from enforcers, say attorneys at Greenberg Traurig.

  • Chancery Ruling Holds Authorized Share Takeaways For Cos.

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    The Delaware Chancery Court’s recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.

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