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Public Policy
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March 17, 2025
Okla. Gov. Looks To Dismiss Tribe's Jurisdiction Dispute
Oklahoma Gov. Kevin Stitt is asking a federal court to dismiss a paused jurisdiction dispute between the Muscogee (Creek) Nation and the city of Tulsa, or be allowed to intervene, arguing that the municipality has signaled a willingness to abandon the defense of the state's interests.
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March 17, 2025
X Says Nonprofit Is Using Calif. Court To Evade Texas Suit
X Corp. told a Texas federal judge a left-leaning media watchdog was trying to use a California court to weasel out of a suit accusing the nonprofit of running defamatory articles, saying Monday it was first to file and that the suit should stay in the Lone Star State.
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March 17, 2025
Full 7th Circ. Won't Revive Suit Over Late Medicaid Payments
The full Seventh Circuit has answered the "enormous question" of whether a Chicago hospital can sue the state of Illinois to force the managed-care organizations it contracts with to make timely Medicaid payments, concluding the hospital doesn't have a federal right to prompt payments for fear of turning federal trial courts into "de facto Medicaid claims processors."
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March 17, 2025
Colo. Justices Reject Bid To Toss Election Defamation Suit
Colorado's justices have rejected petitions from President Donald Trump's campaign and conservative media personalities arguing that a former Dominion Voting executive's defamation suit should be tossed under a state anti-SLAPP law, according to an en banc order Monday declining to review the case.
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March 17, 2025
SEC's Acting Chair Uyeda Promises To Slow Rulemaking
Acting U.S. Securities and Exchange Commission Chair Mark Uyeda said Monday that he has directed staff to reassess a number of finalized and proposed regulations championed by the Biden administration, including those targeting mutual fund disclosures and the handling of crypto assets, as he championed a "smoother regulatory course" for the agency.
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March 17, 2025
NC AG Fights TikTok's Early Exit From Addiction Suit
North Carolina is pushing back on TikTok's bid to sidestep a lawsuit accusing it of knowingly addicting young users to its platform, arguing that the state court has jurisdiction because the company has engaged directly with "over a million children and teens" within its borders.
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March 17, 2025
Ginnie Mae Says Texas Bank Can't Undo Ruling On Lien
Ginnie Mae and the U.S. Department of Housing and Urban Development have urged a Texas federal court to grant them summary judgment in a Texas bank's lawsuit, which alleges the government wrongfully extinguished the bank's first-priority lien for nearly $30 million of collateral, saying the court already upheld the authority to terminate the lien.
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March 17, 2025
Union, Green Groups Fight EPA Bid To Redo Biden TSCA Rule
Labor unions and green groups are asking the D.C. Circuit to reject the U.S. Environmental Protection Agency's bid to reconsider a Biden-era rule that strengthened regulations to assess chemicals' health and environmental risks.
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March 17, 2025
Wash. AG Seeks $32M In Legal Fees In Kroger Merger Case
Washington's attorney general said the state is entitled to recover $32.4 million in legal fees for prevailing in its lawsuit opposing Kroger's $24.6 billion bid to buy Albertsons, including nearly $10 million for Munger Tolles & Olson LLP's assistance in the state court case.
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March 17, 2025
FERC Grid Upgrade Fight Has DC Circ. Judges Flummoxed
D.C. Circuit judges appeared to struggle Monday with how to determine ownership of new grid upgrades needed for a Michigan solar farm as they consider a transmission company's challenge to the Federal Energy Regulatory Commission's refusal to grant it sole ownership.
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March 17, 2025
Fraud Victims Claim CRE Fintech Firm Skirted Securities Law
A group of investors pointed to a recent fraud case in seeking to claw back more than $1 billion raised by fintech firm CrowdStreet, claiming in a proposed class action filed in Texas federal court that the platform operated outside state and federal financial regulations for a decade.
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March 17, 2025
NJ Offshore Wind Farm Permit Pulled Over Trump Orders
An environmental permit for a wind power facility off the New Jersey shore has been sent back to regulators for reconsideration in light of President Donald Trump's executive order temporarily halting all offshore wind leases for review, according to a federal environmental appeals board order.
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March 17, 2025
HUD, DOI To Identify Federal Land For Affordable Housing
The U.S. Department of Housing and Urban Development and the U.S. Department of the Interior will work together on identifying federal land that could be used as the sites of affordable housing, according to a joint announcement.
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March 17, 2025
Ore. Lawmakers OK $5B Insurer, Hospital Tax Extension
Oregon would extend medical provider and insurance assessments otherwise slated to expire, raising $5 billion for the state's healthcare programs over four years, under legislation passed Monday by the state Senate.
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March 17, 2025
Pot Staffing Co. Wants COVID-19 Relief Contract Wiped Out
A cannabis industry online staffing company and its parent company are suing a consultant in Colorado state court, alleging that it failed to do any work on a contract to receive COVID-19 relief from the IRS but is demanding $474,000 in payments.
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March 17, 2025
Georgia Justices Urged To Revive Trump Election Charges
Prosecutors argued that the Georgia Supreme Court should reinstate certain criminal charges against President Donald Trump, former New York Mayor Rudy Giuliani and others alleging interference in the 2020 presidential election, saying lower courts wrongly dismissed the charges because of the indictment's purported lack of detail.
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March 17, 2025
House Panel Probes Medical Residency Antitrust Exemption
The chair of the House Judiciary Committee's antitrust panel is looking into whether to do away with an antitrust exemption Congress granted over 20 years ago to the medical residency matching system, which the congressman said could be harming new doctors and even patients.
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March 17, 2025
Trump Revokes Fed. Contractor Wage Order That Led To Suits
President Donald Trump rescinded former President Joe Biden's executive order increasing the minimum wage for federal contract workers to $15 an hour, leaving an uncertain future for the U.S. Department of Labor rule implementing the order and ongoing court challenges to the rule.
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March 17, 2025
Houston Midwife Arrested In Texas' 1st Criminal Abortion Case
A Houston-area midwife has been arrested after an investigation by the Texas attorney general's office for allegedly providing illegal abortions, Attorney General Ken Paxton announced Monday, the first such criminal charges brought since the state issued its near-total abortion ban.
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March 17, 2025
Pittsburgh Workers Challenge City's Residency Requirement
A bargaining unit representing maintenance workers for the city of Pittsburgh claims an amendment to the city charter requiring them to live within city limits should be thrown out, pointing to a court ruling that tossed a similar requirement for Pittsburgh police officers.
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March 17, 2025
Feds Defend Prof's Deportation As Arnold & Porter Withdraws
Government lawyers told a Massachusetts federal judge Monday they did not disobey a court order halting the deportation of a Brown University doctor and professor with an H-1B visa, as a team of Arnold & Porter Kaye Scholer LLP lawyers who lobbed that claim abruptly withdrew from the case.
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March 17, 2025
Foreign Students Can't Be Deported For Speech, Suit Says
Two Cornell University graduate students and a Cornell professor sued the Trump administration to block parts of two executive orders they say restrict pro-Palestinian speech and put international students and scholars at risk of deportation.
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March 17, 2025
NC Appeals Court Leaves Judge's Ballot Challenge To Panel
The full North Carolina Court of Appeals has shot down Democratic Justice Allison Riggs' request for an en banc hearing of her Republican challenger's suit seeking to throw out more than 60,000 ballots cast in their race for a seat on the state's highest court, leaving the dispute for a panel to decide first.
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March 17, 2025
DC Commercial Property Taxable Values Drop Nearly 8%
Commercial property values in Washington, D.C., dropped 7.87% in their 2025 assessments compared with a year earlier, the district's tax office said.
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March 17, 2025
Mich. Couple Wants Pot Facility Shut Down As Nuisance
A Michigan couple is urging a federal court to shut down a cannabis facility near their home, saying it is creating a nuisance and harming both the health of their children and the value of their rural home.
Expert Analysis
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What Trump's Order Means For The Legal Status Of IVF
An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.
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During Financial Regulatory Uncertainty, Slow Down And Wait
Amid the upheaval at the Consumer Financial Protection Bureau and the slowdown in activity at the prudential agencies, banks must exercise patience before adopting strategic and tactical plans, as well as closely monitor legal and regulatory developments concerning all the federal financial regulators, say attorneys at Dorsey.
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1st Circ. iMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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Opinion
It's Time To Fix The SEC's Pay-To-Play Rule
Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Navigating The Growing Thicket Of 'Right To Repair' Laws
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Implementation, Constitutional Issues With Birthright Order
President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.
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A Closer Look At Money Laundering Sentencing Issues
Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.
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What Advisory On Alcohol And Cancer May Mean For Cos.
While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.
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Why NY May Want To Reconsider Its LLC Transparency Law
Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.
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Expectations For SEC Exams As Private Credit Market Grows
The U.S. Securities and Exchange Commission may rely heavily on its Division of Examinations for regulating private credit markets amid their expansion into the retail investor space, so investment advisers should be prepared to address several likely areas of focus when confronted with an exam, say attorneys at Dechert.
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AG Watch: Texas Is Entering New Privacy Enforcement Era
The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.