Public Policy

  • March 29, 2025

    Up Next At High Court: Terror Liability, Health Provider Choice

    The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers. 

  • March 28, 2025

    Colo. Beats Amgen's Drug Price Cap Challenge, For Now

    A Colorado federal judge Friday threw out Amgen's challenge to the Centennial State's drug price cap system, finding that Amgen is not subject to "direct regulation" under the law it's challenging and therefore doesn't have standing to sue.

  • March 28, 2025

    Judge Tosses 3 Suits Challenging Ban On Native Mascots

    A New York federal judge has tossed several school district lawsuits seeking to void a state law banning the use of Native American team mascots and names, throwing out individual board members' free speech claims but saying they can amend their suits as private citizens.

  • March 28, 2025

    FCC Chief Orders Probe Into Disney, ABC DEI Practices

    The Federal Communications Commission's leader ordered on Friday a probe into Walt Disney Co. and its ABC network over their efforts to be diverse and inclusive, following similar FCC investigations into Comcast and NBCUniversal.

  • March 28, 2025

    States Urge Justices To Skip Teacher Grants Case

    California, New York and six other states told the U.S. Supreme Court on Friday it doesn't need to weigh in on the validity of a Massachusetts federal judge's order reinstating $250 million in teacher training grants the Trump administration targeted for cuts, noting the dispute will soon be moot.

  • March 28, 2025

    Burt Lake Band Drops Suit Against Interior Over Tribal Rule

    The Burt Lake Band of Ottawa and Chippewa Indians has dropped a lawsuit in D.C. federal court against the U.S. Department of the Interior after the agency finalized a rule governing which tribes can gain federal recognition, saying it obtained the relief it sought.

  • March 28, 2025

    DOJ Alleges Missing Docs In Agri Stats Price-Fixing Case

    The U.S. Department of Justice asked a Minnesota federal judge to force Agri Stats Inc. to produce more information in a case alleging the company's industry reports facilitate price-fixing by chicken, pork and turkey producers, raising concerns over widespread discovery failures and "facially unsupported privilege claims."

  • March 28, 2025

    GM's Cruise Must Face Trimmed Securities Fraud Suit

    A Michigan federal judge on Friday trimmed a proposed class action alleging General Motors and its self-driving car unit Cruise LLC misrepresented the technological capabilities of its autonomous vehicles, but said the investor plaintiffs plausibly alleged that some Cruise executives made recklessly false statements.

  • March 28, 2025

    Mich. Judge Wonders If Methane Fee Block Moots EPA Suit

    A Michigan federal judge has said trade groups challenging the constitutionality of a methane waste emissions charge and the U.S. Environmental Protection Agency should prepare to tell the court whether recent Trump administration orders disapproving the EPA's methane rule renders the case moot.

  • March 28, 2025

    Feds Must Consider Whales, Climate In Gulf Gas Lease Sale

    The U.S. Bureau of Ocean Energy Management failed to fully consider the effects an oil and gas lease sale offering 73 million acres in the Gulf of Mexico could have on the endangered Rice's whale and climate change, a D.C. federal judge has ruled.

  • March 28, 2025

    Thompson Ruling Warrants Slimmer Trial, Ill. Lawmaker Says

    An Illinois state senator set to face a jury on accusations that he accepted a bribe to help a red-light camera company has argued that the government should drop a charge from its upcoming trial following a recent U.S. Supreme Court decision interpreting a statute criminalizing specifically false statements.

  • March 28, 2025

    Minors Sue Over Alleged Trafficking At Metro-Atlanta Hotels

    Two unidentified minors have filed separate suits in federal court alleging the owners and operators of two Atlanta area hotels knew the minors were being sex trafficked but did nothing to stop it.

  • March 28, 2025

    Columbia Activist Slams Transfer Bid As Venue Shopping

    Counsel for the Columbia University student activist facing deportation for his part in pro-Palestinian campus protests urged a New Jersey federal judge on Friday to reject the government's bid to send the case to Louisiana, where he is in detention, saying prosecutors are venue shopping while they chill his speech.

  • March 28, 2025

    GOP Rep. Says Lawmakers Ready For FCC Subsidy Fix

    Congress will be prepared to reform the country's telecom subsidy programs for low-income and rural consumers if the U.S. Supreme Court decides they must be overhauled, according to a key House Republican.

  • March 28, 2025

    Judge Orders Due Process For Removal To Unrelated Countries

    A Massachusetts federal judge on Friday blocked the Trump administration from removing immigrants to countries where they have no prior ties without first providing them with notice of where they are being sent and a "meaningful" opportunity to raise any safety concerns.

  • March 28, 2025

    Carriers Challenge Midco's 'Unsubsidized Competitor' Status

    Two Minnesota telecoms say the FCC must take seriously their petitions to strip a rival of its "unsubsidized competitor" status and adjust their federal deployment aid because the companies have gone through the trouble of individually checking thousands of addresses to back their claims.

  • March 28, 2025

    Cannabis Equipment Biz Can't Speed Up Canada Import Case

    The U.S. Court of International Trade has ruled that a cannabis equipment company cannot expedite its case challenging the hurdles it faces importing from Canada, saying the business has not presented good cause to have the matter fast-tracked.

  • March 28, 2025

    NY Ski Resort Co. Appealing Court's Antitrust Ruling

    A New York ski resort operator told a state court on Friday that it's appealing the state's victory in its antitrust suit, which alleged that the operator purposefully closed a local competitor after acquiring it.

  • March 28, 2025

    FDIC Eases Crypto Rules For Banks, No Prior Approval Needed

    The Federal Deposit Insurance Corp. affirmed Friday that FDIC-supervised institutions may engage in certain cryptocurrency-related activities without receiving prior approval from the corporation.

  • March 28, 2025

    Del. Corporate Law Rework Might Upend Over 3 Dozen Cases

    Legislation pushed through Delaware's General Assembly last week has called into question dozens of corporate law precedents, including some of the state's most important, according to a Columbia Law School professor and researcher.

  • March 28, 2025

    DC Circ. Tosses Green Groups' Challenge To La. Gas Pipelines

    A D.C. Circuit panel on Friday rejected an environmental challenge to a Tellurian subsidiary's $1.5 billion plan to construct parallel, roughly 30-mile gas pipelines in Louisiana, ruling that federal energy regulators reasonably weighed greenhouse gas impacts and market demand in approving the project.

  • March 28, 2025

    FCC Gives Newly Built Stations Leeway On License Requests

    The Federal Communications Commission has signaled that it's prepared to be more lenient on deadlines for new licenses after overturning a previous decision that denied a permit to run a newly built FM translator station in Louisiana.

  • March 28, 2025

    Pot Co.'s Challenge To DEA Admin Procedures Dismissed

    A Rhode Island federal judge on Friday dismissed a cannabis company's challenge to the lawfulness of U.S. Drug Enforcement Administration internal administrative law proceedings, finding that the company had failed to show how those procedures would harm it.

  • March 28, 2025

    FedEx Workers' Wage Suit Will Wait On Conn. Justices' Input

    A Connecticut federal judge pressed pause on a class action alleging FedEx Ground Package System Inc. failed to pay workers for their time spent undergoing preshift security screenings, giving the state's high court a chance to weigh in on a similar dispute.

  • March 28, 2025

    Ex-Director Of DOJ's Bankruptcy Watchdog Appeals Removal

    The former director of the Department of Justice's U.S. Trustee Program, which oversees bankruptcy proceedings, has filed an appeal of her termination, saying it was without cause and violated her due process rights, according to documents obtained by Law360 on Friday

Expert Analysis

  • What To Do When ICE Shows Up At The Hospital

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    In light of recent executive orders and changes to enforcement directives permitting U.S. Immigration and Customs Enforcement agents to enter sensitive locations like hospitals, healthcare providers should understand how to balance compliance with existing health laws and patient care obligations, say attorneys at Davis Wright.

  • Unpacking The Legal Foundation Of Trump's New Trade War

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    President Donald Trump's recent executive orders and proclamations regarding emergencies at the U.S. border are based on statutory powers enabling a president to address extraordinary external threats — and could be used to fend off legal challenges to the tariffs levied on Mexican and Canadian goods, says Chris Zona at Mandelbaum Barrett.

  • A View Of The Shifting Insurance Regulatory Landscape

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    Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.

  • Trump's Energy Plans: Funding, Permits And Nuclear Power

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    In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • FTC Focus: Avoiding 'Gun Jumping' Violations

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    The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.

  • What Compensation Committees Must Keep In Mind In 2025

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    New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.

  • Likely Doomed CFPB Contract Rule Still Has Industry Pointers

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    While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.

  • Engaging With Feds On Threats To Executives, Employees

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    In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.

  • The Risk And Reward Of Federal Approach To AI Regulation

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    The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.

  • Losing A Motion To Dismiss Ruling Isn't Necessarily The End

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    A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.

  • Anticipating Direction Of Cosmetics Regulation Under Trump

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    It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.

  • Drug Pricing Policy Trends To Expect In 2025 And Beyond

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    Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.

  • Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.

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    President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.

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