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Public Policy
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March 11, 2025
Feds Push Back On Enviro Orgs., Tribes In Yellowstone Bison Case
The Interior Department is asking a federal court to reconsider orders that allowed environmental groups to intervene and add two more federal agencies as necessary parties to a challenge over the management of the bison population in Yellowstone National Park, arguing the move is an attempt to hijack the litigation.
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March 11, 2025
NY's Banking Regulator Hangs 'Help Wanted' Sign In DC
At a Washington, D.C., appearance on Tuesday, New York's top financial services regulator Adrienne Harris had a message for the legions of federal financial agency employees who have been cut loose by the Trump administration in recent weeks: She's hiring.
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March 11, 2025
EPA Officially Cuts $20B In Funding For Climate Projects
The U.S. Environmental Protection Agency on Tuesday canceled $20 billion in congressionally approved grant funding for climate change projects that it had frozen for weeks and criticized as wasteful and out of step with the Trump administration's priorities.
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March 11, 2025
Trump, Ontario Back Down After Two-Day Trade Flare-Up
President Donald Trump called off additional tariffs on Canadian steel and aluminum Tuesday after the Ontario government dropped a briefly imposed surcharge on electricity exports, the White House told Law360 on Tuesday evening.
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March 11, 2025
Senate Confirms Gail Slater To Lead DOJ Antitrust
The Senate voted 78-19 on Tuesday to confirm Gail Slater to be assistant attorney general for the Antitrust Division at the U.S. Department of Justice.
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March 11, 2025
6th Circ. Won't Revisit FCC's Tanked Net Neutrality Rules
The Sixth Circuit on Tuesday turned down a bid by public interest groups for a full-court rehearing of January's decision to overturn the Federal Communications Commission's net neutrality rules.
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March 11, 2025
House Mulls Stablecoin Draft As Senate Bill Heads To Vote
House lawmakers continued to hash out the level of consumer protections and the size of state regulatory power that belongs in a federal framework for stablecoins on Tuesday as the Senate said it plans to push forward with a markup of its own Republican-led proposal.
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March 11, 2025
Trump Taps Amazon Corporate Counsel As US Atty In Philly
President Donald Trump has tapped David Metcalf, a former U.S. Department of Justice official, currently at Amazon, to be U.S. attorney for the Eastern District of Pennsylvania.
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March 11, 2025
Trump Taps DOJ Vet To Serve As Energy Dept.'s Top Lawyer
President Donald Trump has nominated a Winston & Strawn LLP partner, who formerly led the U.S. Department of Justice's Environment and Natural Resources Division during Trump's previous term, to serve as the U.S. Department of Energy's general counsel.
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March 11, 2025
Groups Say EPA Must Regulate Phosphate Mining Waste
The Center for Biological Diversity, Sierra Club and others have called on the D.C. Circuit to order the U.S. Environmental Protection Agency to regulate radioactive waste from phosphate mining and fertilizer production, which are currently excluded from federal regulation.
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March 11, 2025
12 Govs. Assert States' Sovereignty Against CTA In 5th Circ.
A dozen Republican governors, led by Georgia Gov. Brian Kemp, urged the Fifth Circuit to maintain a nationwide block of enforcement of the Corporate Transparency Act, arguing the law undermines the traditional authority states have to regulate businesses.
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March 11, 2025
Conservationists Sue FWS Over 'Blanket' Species Rule
Two conservation groups are suing the U.S. Department of the Interior in Montana federal court over an Endangered Species Act rule they say illegally gives the government power to indiscriminately restrict landowners' use of their property.
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March 11, 2025
FTC Defends Southern Glazer's Pricing Case
The Federal Trade Commission is defending its price discrimination case against alcohol distributor Southern Glazer's, telling a California federal judge Monday that the company's move to dismiss the suit "misapprehends applicable case law, ignores key allegations, and overstates the factual detail required of the pleading standard."
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March 11, 2025
DOJ's RealPage Antitrust Case Gets New Judge
The U.S. Department of Justice's price-fixing lawsuit against algorithmic real estate pricing company RealPage is getting a new judge due to a conflict.
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March 11, 2025
BigLaw Firms Join To Support Del. Corporate Law Changes
Twenty-one law firms with Delaware corporate practices have jointly endorsed pending state legislation, S.B. 21, that aims to narrow stockholder avenues for challenging corporate acts and clarify the definition of company controllers.
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March 11, 2025
FERC Can't Defend Its Enforcement Powers, Energy Co. Says
An energy efficiency aggregator insists that the Federal Energy Regulatory Commission doesn't have the authority to pursue a market manipulation case against it, telling a North Carolina federal judge that just because it can contest a penalty in court doesn't mean its constitutional rights haven't been violated.
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March 11, 2025
Former Immigration Judges Defend Legal Services Programs
A group of former immigration judges and Board of Immigration Appeals members told a D.C. federal judge that legal services programs for unrepresented detained immigrants that the Trump administration stopped funding help the courts function more efficiently.
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March 11, 2025
CMA's Big Tech Enforcement To Focus On UK Impact
An official for the Competition and Markets Authority said the agency will focus enforcement efforts against technology companies on issues that have a local impact in the United Kingdom and is less likely to act on issues already being addressed by other authorities.
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March 11, 2025
NYC Workers Can't Revive Fossil Fuel Divestment Challenge
A New York state appeals court refused Tuesday to reopen a lawsuit claiming several New York City pension plans unlawfully put politics over municipal employees' financial needs by divesting $3.9 billion from fossil fuels, backing a trial court's determination that the workers hadn't shown their benefits were affected.
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March 11, 2025
Split 2nd Circ. Says Court Records Rule Flouts Free Speech
A split panel of the Second Circuit said Tuesday that Vermont's new rule restricting access to newly filed state court complaints until they can be reviewed by court staff is unconstitutional in its current form, with one judge arguing that the majority's ruling will stifle innovation in judicial procedures.
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March 11, 2025
Colo. Justices Uneasy About Reach Of Xcel's Immunity Claim
Colorado's justices were concerned Tuesday about the potentially far-reaching consequences of Xcel Energy's claim that a regulatory tariff limits its liability from a man's personal injury claim, with one justice asking if it would be a "severe derogation of common law" for regulators to grant the utility such broad immunity.
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March 11, 2025
'Victim Of Its Own Success': The Federalist Society's Shift
The Federalist Society can now boast long-sought victories and point to scores of federal judges appointed from its ranks. But its alliance with President Donald Trump may bring about a reckoning within the conservative legal movement.
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March 11, 2025
Eric Adams Case Dying Slow Death In 'Sovereign' District
Experts say New York City Mayor Eric Adams' criminal corruption case appears on track to be tossed permanently — a looming development that could signal the end of the fierce independence of the U.S. Attorney's Office for the Southern District of New York.
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March 11, 2025
Threats Against Judges 'Top Priority,' Fed. Judiciary Says
Protecting federal judges is a "top priority" as violent threats spike against a polarized political backdrop, making congressional funding for additional security measures more important than ever, the U.S. Judicial Conference said Tuesday.
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March 11, 2025
NJ Power Broker Fights Civil Suit After Criminal Case Victory
South Jersey power broker George Norcross and his brother moved this week to dismiss a civil racketeering suit against them arguing that the plaintiff's claims "parroted" a criminal indictment against them that was recently dismissed.
Expert Analysis
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Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy
A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.
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Fund Names Rule FAQs Leave Some Interpretative Uncertainty
Although recently released FAQs clarify many specific points of the 2023 expansion to the Investment Company Act's fund names rule, important questions remain about how U.S. Securities and Exchange Commission staff will interpret other key terms when the end-of-year compliance date arrives, say attorneys at Dechert.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Justices' Certiorari Denial Leaves Interstate Tax Questions
Since the U.S. Supreme Court recently declined to review a Philadelphia resident’s claim that her Delaware state income taxes should be credited against her city wage tax liabilities, constitutional questions about state and local tax distinctions linger, and some states may continue to apply Supreme Court precedent differently, say attorneys at Dentons.
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The Fate Of Biden-Era Clinical Study Guidance Under Trump
Draft guidance about the study of sex and gender differences in medical product development issued by the outgoing Biden administration currently faces significant uncertainty and litigation potential due to the Trump administration's executive orders and other actions, say attorneys at Arnold & Porter.
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Biden-Era M&A Data Shows Continuity, Not Revolution
While the federal antitrust agencies under former President Joe Biden made broad claims about increasing merger enforcement activity, the data tells a different story, with key claims under Biden coming in at the lowest levels in decades, say attorneys at Covington.
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What Travis Hill's Vision For FDIC Could Portend For Banks
If selected to lead the Federal Deposit Insurance Corp. in a permanent capacity, acting Chairman Travis Hill is likely to prioritize removing barriers to innovation and institution-level growth, emphasizing the idea that eliminating rules, relaxing standards and reducing scrutiny will reinvigorate the industry, say attorneys at Mitchell Sandler.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Will Independent Federal Agencies Remain Independent?
For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.
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High Court Sentencing Case Presents Legal Fork In The Road
On Feb. 25, the U.S. Supreme Court will hear arguments in Esteras v. U.S. about the factors trial courts may consider when imposing a sentence of imprisonment after revoking supervised release, and the justices’ eventual decision may prioritize either discretion or originalism, says Michael Freedman at The Freedman Firm.
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5 Major Crypto Developments From The Trump Admin So Far
The early weeks of the Trump administration have set the stage for a significant transformation in U.S. digital asset policy by prioritizing regulatory clarity, innovation and a shift away from enforcement-heavy tactics, but many of these changes will require congressional support and progress may be gradual, say attorneys at Ropes & Gray.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Opinion
Admin Change May Help Reduce PTAB Invalidation Rates
It is not good for the U.S. patent system that the Patent Trial and Appeal Board finds all challenged claims to be unpatentable 70% of the time — but new leadership at the Commerce Department and U.S. Patent and Trademark Office may foster pro-patent policies and provide some relief, says Stephen Schreiner at Carmichael IP.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Navigating The Trump Enviro Rollback And Its Consequences
The Trump administration's rapid push for environmental deregulation will lead to both opportunities and challenges, requiring companies to adopt strategic approaches to a complex, unpredictable legal environment in which federal rollbacks are countered by increased enforcement by states, and risks of citizen litigation may be heightened, say attorneys at Beveridge & Diamond.