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Public Policy
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March 05, 2025
Atty Who Repped Trump And Bannon Joins Brownstein Hyatt
Evan Corcoran, who represented President Donald Trump in his classified documents case and Steve Bannon in his contempt of Congress trial, has joined Brownstein Hyatt Farber Schreck LLP's Washington, D.C., office.
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March 05, 2025
Montana Tasks Tax Agency With Review Of Exempt Property
Montana directed its Department of Revenue to establish a process to review property that is exempt from taxation under a bill signed by the governor.
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March 05, 2025
Trump Delays Mexico, Canada Tariffs On Autos For A Month
President Donald Trump announced Wednesday that auto vehicles and parts imported from Canada and Mexico will get a one-month reprieve from the 25% tariffs he instituted earlier this week, according to a statement read by White House Press Secretary Karoline Leavitt.
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March 05, 2025
Trump's NIH Cost-Cutting Measure Blocked By Judge
A Massachusetts federal judge ruled Wednesday that the Trump administration cannot cap indirect costs for research grants at the National Institutes of Health, rejecting the move as a rushed cost-saving measure that violates federal law governing the expenses.
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March 05, 2025
IRS Updates Foreign Housing Expense Limits For 2025
The Internal Revenue Service released adjustments to the limitation on foreign housing expense deductions and exclusions for 2025 on Wednesday.
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March 05, 2025
High Court Allows Release Of Frozen USAID Foreign Aid
The U.S. Supreme Court on Wednesday ruled that a D.C. federal judge can require the Trump administration to release up to $2 billion in frozen foreign aid funding, but told the judge he must clarify the scope of the government's responsibility and ensure it has enough time to comply with any deadline.
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March 04, 2025
Trump Calls For Return To 'Law And Order' In Joint Address
A defiant President Donald Trump during his address to a joint session of Congress on Tuesday night condemned the supposed ability of a sitting president to "viciously prosecute" their political opponents, such as himself, and quipped "how did that work out?"
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March 04, 2025
Banks To Face New Defenders Of CFPB Overdraft Rule
A Mississippi federal judge said Tuesday that he will allow two outside nonprofits to step into litigation over the Consumer Financial Protection Bureau's $5 overdraft fee rule and defend the Biden-era regulation against a banking industry-backed legal challenge.
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March 04, 2025
Sens. Again Push Bill To Boost Online Protections For Teens
A bipartisan pair of U.S. senators on Tuesday revived a longstanding legislative proposal that would expand digital privacy protections to cover teens between the ages of 13 and 16, ban targeted advertising to minors and require companies to enable the erasure of underage users' personal information.
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March 04, 2025
Shipping Council Urges DC Circ. To Nix Maritime Rule
An ocean carrier trade association is urging the D.C. Circuit to wipe out new regulations defining unreasonable refusals to deal in the maritime industry, telling the appeals court that the "vague" rule has thrown the carriers into confusion.
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March 04, 2025
Agencies Have 'Ultimate' Authority Over Firings, OPM Says
The Office of Personnel Management on Tuesday issued a revised version of its January memo directing agency heads to identify all probationary employees, adding a disclaimer that OPM "is not directing agencies to take any specific performance-based actions" and that agencies "have ultimate decision-making authority."
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March 04, 2025
3 Takeaways From The High Court's SF Water Permit Ruling
The U.S. Supreme Court's Tuesday ruling siding with San Francisco to strike down parts of a federal water pollution permit demonstrated a majority of justices' reluctance to force permit holders to interpret gray areas that could get them in trouble.
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March 04, 2025
Justices Asked To Uphold Ruling Against Anti-Terror Law
The Palestine Liberation Organization is urging the U.S. Supreme Court to affirm a ruling striking down a 2019 law nixing a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories, arguing that the law "attempts an end-run around settled constitutional analysis."
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March 04, 2025
'Remarkable Coincidence': Judge Blasts Refugee Cuts Timing
A Washington federal judge on Tuesday criticized the U.S. State Department for canceling resettlement contracts a day after he blocked President Donald Trump's sudden shutdown of the refugee entry program, saying he had concerns it was done to deliberately circumvent his court's ruling.
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March 04, 2025
Mich. Suit Shows Courts' Growing Role In Split Governments
Michigan Republicans who faced an intra-legislature lawsuit after they stalled bills to keep them from being signed into law is another example of a trend that may see the courts brought in to settle partisan disputes, experts tell Law360.
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March 04, 2025
Dems Demand Halt To Trump Admin's Tribal Program Cuts
More than 100 Democratic lawmakers have urged the Trump administration to halt any executive orders that hurt programs and services in Indian Country, saying in a letter to the White House that the U.S. government must honor its trust and treaty obligations to tribes.
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March 04, 2025
Minn. County Officials Claim Bias In DOI's Land Trust Decision
A trio of Minnesota municipalities are asking a federal court for a quick win in a dispute over more than 3,000 acres taken into trust for the Mille Lacs Band of Ojibwe Indians, arguing that the decisions are the product of an unconstitutionally biased process.
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March 04, 2025
House Aviation Panel Weighs Air Traffic Control Fixes
Aviation workers' unions and industry stakeholders told lawmakers on Tuesday that years of political inertia and more recent tumult related to the federal workforce firings are impacting efforts to hire more air traffic controllers and overhaul the nation's outdated and overburdened ATC system.
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March 04, 2025
Fla. Med Mal Damages Loophole Facing Lawmaker Scrutiny
With the new legislative session now underway in the Florida Legislature, state lawmakers are once again considering doing away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but healthcare providers are saying not so fast.
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March 04, 2025
House GOP Push WH Right To Send State Cases To Fed. Court
House Republicans on Tuesday rallied behind a bill that would let current and former presidents move state cases against them to federal court, calling the legislation a response to weaponized prosecutions of President Donald Trump.
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March 04, 2025
10th Circ. Upholds EPA Approval Of Colo. Smog Plan Changes
A Tenth Circuit panel on Tuesday affirmed the U.S. Environmental Protection Agency's approval of two changes to Colorado's plan to bring Denver and the northern Front Range into compliance with ozone pollution standards, rejecting a challenge brought by conservation groups.
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March 04, 2025
Trump To Drop Biden-Era Suit Against Idaho Abortion Ban
The Trump administration has said it plans to drop a federal lawsuit alleging that Idaho's strict abortion ban conflicts with a federal emergency stabilization law, a reversal from the Biden administration's legal efforts that fought the ban up to the U.S. Supreme Court.
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March 04, 2025
Ruger Must Face Colorado Shooting Suits In Connecticut
Connecticut-based gunmaker Sturm Ruger & Co. Inc. must face two lawsuits in its home state over a 2021 mass shooting in a Boulder, Colorado, supermarket, a Connecticut judge has ruled, citing the state's interest in policing harms its businesses may cause in other jurisdictions.
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March 04, 2025
CFPB Says Ga. Enforcement Atty 'No Longer Employed' There
Another Consumer Financial Protection Bureau attorney, based out of the agency's Atlanta regional office, has left the bureau as it faces uncertainty under President Donald Trump's administration.
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March 04, 2025
DC Circ. Doubts FERC Was Wrong To OK Tennessee Pipeline
The D.C. Circuit struggled to understand just where environmentalists think FERC messed up when approving a Tennessee pipeline project that would serve a gas-fired power plant that's set to replace a coal-fired one, expressing varying degrees of doubt Monday during arguments.
Expert Analysis
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Takeaways From FDA's Updated Confirmatory Trial Guidance
The U.S. Food and Drug Administration's latest draft guidance about accelerated drug approval indicates the FDA's intent to address the significant lag time between accelerated approval and full approval of drugs and may help motivate the industry to complete confirmatory trials, say attorneys at Sheppard Mullin.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Inside New Commerce Tech Restrictions: Key Risk Takeaways
While there are a few limitations on the scope of a new final rule restricting certain foreign adversary products and technologies, the Commerce Department's Bureau of Industry and Security retains sweeping authority to regulate an array of risk areas, says Peter Jeydel at Troutman.
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The Most Important Schedule I Drug Regulatory Shifts Of 2024
In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.
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California's New Homeowner Law Could Hamper Foreclosures
While A.B. 2424, which took effect this month in California, gives homeowners in default additional protections, it also provides loopholes that can be used to delay foreclosure auctions, and the cost of these delays will likely be passed on to the borrower, says Stephen Britt at Severson & Werson.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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How Fintechs Can Respond To New CFPB Supervisory Rule
Even though a new Consumer Financial Protection Bureau rule pulling large payment apps into supervision faces an uncertain fate in the new administration, providers should still examine the rule's definitions and prepare for increased compliance costs and more consumer-friendly practices, say attorneys at DLA Piper.
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Ruling Shows High Court Willing To Limit Immigration Review
The U.S. Supreme Court's recent decision in Bouarfa v. Mayorkas is the latest demonstration of the court’s readiness to limit judicial review in the immigration space, a notable break from other recent decisions that expanded judicial review of agency decisions in other areas, says Mark Fleming at WilmerHale.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Despite Political Divide, FEC Found Common Ground In '24
The Federal Election Commission, although evenly split between Republicans and Democrats, reached consensus in consequential advisory opinions, enforcement actions and regulations last year, offering welcome clarity on some key questions facing campaigns, PACs and parties, say attorneys at Covington.
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How FTC Sent A $5.6M Warning Against Jumping The Gun
The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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Managing Litigation Side-Switching During 2nd Trump Admin
Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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3 Noteworthy Effects Of The 2025 NDAA
The 2025 defense budget includes further restrictions on semiconductor sales to Huawei, requiring companies to rethink customer-base oversight, but other provisions are likely to broaden procurement contract opportunities, say attorneys at Miles & Stockbridge.