Public Policy

February 14, 2025
Drug Costs, State Laws Fuel Push For Fed. Action On PBMs

Skyrocketing prescription drug costs and a proliferation of state laws are driving renewed calls from employers and benefit plan administrators for Congress to enact federal legislation changing how pharmacy benefit managers do business, experts say.
February 14, 2025
Feds Hit With Brady Claims As Implant Kickback Trial Looms

Two defendants nearing trial on medical device kickback claims say Boston federal prosecutors are begrudgingly sharing mountains of exculpatory materials they should have provided years ago.
February 14, 2025
8 Things Attys Should Know About Conn.'s $55B Budget

Connecticut Gov. Ned Lamont's two-year budget for the years 2026 and 2027 includes drug price limits, an expansion of the state's unfair trade practices act, key changes to hospital ownership laws and slots for 13 new judges.
February 14, 2025
Enviro Groups Back EPA On Challenged PFAS Superfund Rule

Conservation groups are urging the D.C. Circuit to deny a string of industry challenges to the U.S. Environmental Protection Agency's decision to designate two "forever chemicals" as hazardous substances under the federal government's Superfund law, arguing that they have no merit.
February 14, 2025
Trump Fires Opening Salvos In Rematch With Sanctuary Cities

Facing dozens of lawsuits looking to check the power of his administration, President Donald Trump has fired back recently with suits targeting so-called sanctuary cities, setting up a legal battle over the federal government's ability to induce state and local cooperation on immigration enforcement.
February 14, 2025
State Lawmakers Eye Tighter Restrictions On Hemp Products

Legislators in multiple states have introduced legislation aimed at regulating or restricting the manufacture and sale of products containing intoxicating cannabinoids derived or synthesized from federally lawful hemp.
February 14, 2025
Judge Upholds Pay-For-Delay Ban Law, But Only In Calif.

A California federal judge has upheld part of a new state law that the Association for Accessible Medicines alleged unlawfully restricted "reverse payment" settlements between makers of brand-name and generic drugs, finding that the law's attempt to regulate deals outside of California runs afoul of the Constitution, but is otherwise valid.
February 14, 2025
Tulsa County 'On Notice' In Jurisdiction Dispute, Suit Says

The Muscogee (Creek) Nation is asking a federal district court to block Tulsa County, Oklahoma, its sheriff and a district attorney from asserting criminal jurisdiction on its reservation, arguing they continue to defy a 2020 Supreme Court ruling that held that they lack such authority.
February 14, 2025
Texas 911 Agencies Back GPS Alternative At FCC

A coalition of emergency response agencies in Texas is urging the Federal Communications Commission to look beyond traditional GPS technology and explore ways to improve indoor location signaling for emergency calls, supporting a tech company's bid for an exclusive spectrum license to roll out next-generation navigation and positioning technology.
February 14, 2025
NC Panel Speeds Up Appeal In Contested High Court Race

North Carolina's intermediate appellate court has agreed to expedite an appeal by a Republican judge challenging the validity of tens of thousands of ballots cast in his state Supreme Court race that remains unresolved four months after the election.
February 14, 2025
House Judiciary Courts Chair Previews 'Rogue' Judges Bill

The chair of the House Judiciary Committee's courts panel is working on legislation to prevent "rogue rulings" by federal judges, which he plans to introduce on Tuesday, following adverse rulings for the Trump administration and Elon Musk's Department of Government Efficiency.
February 14, 2025
Calif. Insurance Chief Backs Wildfire Mitigation, Recovery Bills

California Insurance Commissioner Ricardo Lara announced his support Friday for a slew of bills aimed at addressing wildfire mitigation and recovery, including measures to maximize insurance claim payouts and stabilize the state's insurer of last resort.
February 14, 2025
Michigan Pot Co. Can't Intervene In Rival's Licensing Suit

A Michigan federal judge won't let a Pontiac cannabis company intervene in a competitor's suit aiming to stop the city from issuing cannabis licenses.
February 14, 2025
Judges Suggest Withdrawal Was Optional In Dam Permit Spat

D.C. Circuit judges Friday pressed a California water district on whether it was partly to blame for delays in recertifying two hydroelectric dams, suggesting it voluntarily agreed to the state board's requests that it refile the applications in order to avoid the Clean Water Act's certification time limit.
February 14, 2025
Judge Allows Grower's 4th Amendment Claim In Hemp Crop Suit

A California federal judge has partially reconsidered her prior order denying Kern County and its police officers' bid to dismiss claims by a hemp grower alleging they wrongly bulldozed 500 acres of crops, allowing the company's Fourth Amendment excessive destruction claim to proceed, but dismissing its due process claims.
February 14, 2025
DC Judge Orders Feds To Restore Foreign Funding

A D.C. federal judge ordered the Trump administration to restore foreign funding in connection with any grants or programs in place before the inauguration, saying aid organizations have made a sufficient showing that the pause threatens their very existence.
February 14, 2025
Tariffs On Drugs And Chips May Not Bring Makers Stateside

The White House's planned tariffs on semiconductors, computer chips and pharmaceuticals are likely to raise prices for consumers and businesses, but won't necessarily lead to the president's stated goal of growing domestic manufacturing, attorneys and others told Law360.
February 14, 2025
Ohio Aircraft Parts Co., Workers Indicted Over Russia Exports

An Ohio-based arm of a Russian aircraft parts supplier has been indicted along with three of its employees for allegedly dodging trade restrictions on exporting parts to Russia and Russian airlines without proper permission and licenses from the U.S. Department of Commerce.
February 14, 2025
Adams Case Careens Toward 'Messy' Hearing, Experts Say

The Manhattan federal judge overseeing the corruption case against New York City Mayor Eric Adams is unlikely to rubber stamp a request from the U.S. Department of Justice to toss the case and may instead hold a hearing on the matter, which could get "messy" and "embarrassing," experts say.
February 14, 2025
Adams Case Fiasco 'Unparalleled' In Modern US History

The mass resignation of federal prosecutors refusing to obey a Trump administration directive to drop corruption charges against New York City Mayor Eric Adams is "unprecedented," "crazy" and "very troubling," according to law professors and former prosecutors.
February 14, 2025
Mich. Panel Decides Where The Sidewalk Begins In Fall Suit

The city of Detroit must face a premises liability case from a resident who fell on a portion of crumbled curb, a Michigan state appeals court has said, finding the curb should be considered part of the sidewalk and therefore under the city's jurisdiction to maintain.
February 14, 2025
Off The Bench: Trans EO, Cards Arbitration, NASCAR Revs Up

In this week's Off The Bench, litigation begins over President Donald Trump's executive order banning transgender individuals from competing in women's sports, a former Arizona Cardinals executive's defamation suit against the team is shuffled to arbitration, and NASCAR asks an appeals panel to reverse wins handed to two teams in their antitrust suit.
February 14, 2025
Boston Reemerges As Immigration 'Obstruction' Battleground

Recent comments by newly installed Boston U.S. Attorney Leah Foley in which she declined to rule out bringing obstruction of justice charges against those who actively thwart immigration enforcement raises the specter of another high-profile case like the controversial prosecution of a state judge during the first Trump administration, experts say.
February 14, 2025
DOJ Files Motion To Drop Adams Case After Prosecutors Exit

The U.S. Department of Justice filed a motion to dismiss the corruption case against New York City Mayor Eric Adams, following a flood of resignations by government lawyers who defied a top DOJ official's orders to drop the charges for political reasons.
February 14, 2025
Acting NLRB GC Pulls Back Biden-Era Guidance Memos

Acting National Labor Relations Board general counsel William Cowen rescinded a series of memos Friday issued by ousted general counsel Jennifer Abruzzo that laid out her view of federal labor law, setting up a new path for the agency during the Trump administration.

Expert Analysis

Nixing NRC Oversight Of Small Reactors Could Cut Both Ways

A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
Anticipating How GAO Pleading Standards May Shift

The 2025 National Defense Authorization Act's mandate to create an enhanced pleading standard at the U.S. Government Accountability Office may change the calculus for where to file when challenging a U.S. Department of Defense procurement, say attorneys at Rogers Joseph.
Issues To Watch In 2025's ERISA Litigation Landscape

Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
Roundup

Banking Brief: State Law Recaps From Each Quarter Of 2024

In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
How DOGE's Bite Can Live Up To Its Bark

All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
2024 Was A Significant Year For HIPAA Compliance

The Office of Civil Rights' high level of Health Insurance Portability and Accountability Act activity in 2024 and press releases about its specific focus on certain cybersecurity issues make it abundantly clear that the OCR is not going to tolerate widespread compliance complacency, says Nathan Kottkamp at Williams Mullen.
Examining DOJ Corporate Whistleblower Pilot's First 100 Days

Though the U.S. Department of Justice’s corporate whistleblower awards pilot program has successfully elicited numerous tips since its August launch, stakeholder feedback leaves questions about how the scheme compares to other whistleblower awards and protections — and how it will fare in the incoming Trump administration, say attorneys at Joseph Greenwald.
Proactively Managing Tariff Impacts On Megaprojects

President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects — so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.
New York Climate Superfund Law May Face Preemption Fight

New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.
Forecasting The Future Of The FTC Post-Inauguration

The incoming Federal Trade Commission leadership's agenda, which is expected to be in sharp contrast with the Biden administration's enforcement posture, will be noticeable right away in the first few weeks of the Trump administration, say attorneys at Cooley.
5 Notable Information Security Events In 2024

B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
Opinion

Trump Should Pass On Project 2025's Disparate Impact Plan

The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.
Opinion

Laken Riley Act Will Not Advance Immigration Reform

By granting states legal standing to sue the U.S. Department of Homeland Security for immigration violations, the Laken Riley Act enables states to block all kinds of federal actions they don't like but provides little reason for them to be invested in positive change, says Jacob Hamburger at Cornell University Law School.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
How 2025 NDAA May Affect DOD Procurement Protests

A bid protest pilot program included in the 2025 National Defense Authorization Act shifts litigation costs onto unsuccessful bid protesters and raises claim-filing thresholds, which could increase risks to U.S. Department of Defense contractors who file protests, and reduce oversight of DOD procurement awards, say attorneys at Venable.