Public Policy

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Acting National Labor Relations Board general counsel William Cowen rescinded a series of memos Friday issued by ousted general counsel Jennifer Abruzzo that laid out her view of federal labor law, setting up a new path for the agency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.
February 14, 2025
Melgren Takes Senior Status, Opening Kansas Seat For Trump

Chief U.S. District Judge Eric Melgren of the District of Kansas will take senior status later this year, bringing the total of current and upcoming judicial vacancies President Donald Trump has available to fill to 53.
February 14, 2025
2nd Judge Blocks Trump Trans Health Order, Chides DOJ Atty

A Washington federal judge put a second temporary block on President Donald Trump's executive order targeting funding for gender-affirming care for people younger than 19, at a Seattle hearing where the judge said she was extremely frustrated with a federal government attorney's inability to answer questions about the order's discriminatory impact on transgender youth.
February 14, 2025
CFPB's Vought Agrees To Pause Layoffs Amid Union Litigation

The Trump administration agreed to a temporary reprieve for the Consumer Financial Protection Bureau, promising to preserve data and hold off for now on any more broad firings of employees pending a challenge by the agency's union.
February 14, 2025
Trump Illegally Fired FLRA Chair, Suit Says

The former chair of the Federal Labor Relations Authority is the latest government official to sue President Donald Trump, saying in a complaint filed in D.C. federal court that she was fired illegally.
February 14, 2025
DOJ Takes Military Bias Dispute With Nev. To 9th Circ.

The U.S. Department of Justice said it will appeal to the Ninth Circuit after a federal judge tossed its suit accusing the state of Nevada and its public employees retirement system of overcharging service members for pension credits.
February 14, 2025
Judge Leaves Curbs On DOGE Treasury Access After Hearing

A Manhattan federal judge left in place temporary curbs on sweeping powers handed by President Donald Trump to Elon Musk's government-slashing U.S. DOGE Service Temporary Organization, after 19 states challenged the organization's access to U.S. Treasury payment systems.
February 13, 2025
House Dems Push Against GOP's Proposed Tax Cuts

House Budget Committee Republicans on Thursday passed a resolution that would allow for the passage of up to $4.5 trillion in tax cuts and the repeal of the Inflation Reduction Act.
February 13, 2025
More CFPB Employees Axed As Union Presses For Injunction

The Trump administration moved late Thursday to slash more of the Consumer Financial Protection Bureau's workforce, initiating another round of layoffs shortly after lawyers for the agency's union petitioned a D.C. federal court for an emergency injunction to prevent it.
February 13, 2025
9th Circ. Panel Doubts SEC's 'Gag Rule' Violates Free Speech

A Ninth Circuit panel on Thursday appeared to doubt a First Amendment challenge to the U.S. Securities and Exchange Commission's "gag rule" that settling parties cannot deny allegations against them, as each judge noted that the agreements are voluntary.
February 13, 2025
DeepSeek's Rapid Rise Adds Fuel To AI Policy Push

Chinese startup DeepSeek has made waves globally with an artificial intelligence chatbot app that it claims to have made more efficiently than its competitors, but experts say its quick ascent is likely to accelerate efforts to broadly regulate data privacy and national security risks presented by the emerging technology.
February 13, 2025
Fed. Unions' New Suit Fights Layoffs, Resignation Incentive

A second group of unions representing federal workers has challenged the Trump administration's attempt to shrink the federal workforce through layoffs and a resignation incentive program, telling a D.C. federal judge that the executive branch's actions violate separation-of-powers principles because Congress largely controls federal agencies.
February 13, 2025
DOD Says Injunction Isn't Needed In Transgender Ban Suit

The U.S. Department of Defense has urged a D.C. federal judge to deny a preliminary injunction in a challenge to an executive order effectively barring transgender troops from serving in the military, saying the motion is premature and unlikely to succeed.
February 13, 2025
Wash. Justices Wary Of Pay Transparency Law Stances

Washington's highest court grilled attorneys on both sides of a debate over state pay transparency law on Thursday, with some justices suggesting the employer's stance put too much onus on workers while another expressed doubt the protections should extend to people who apply for jobs they have no chance to get.
February 13, 2025
Bus Co. Sues NYC For 'Frivolous' Migrant Busing Suit

Roadrunner Charters told the Southern District of New York that New York City's complaint seeking $708 million from it and 16 other charter bus companies for transporting migrants from Texas to New York was "unprecedented and frivolous," and violated its constitutional rights.
February 13, 2025
Apple Pushes DC Circ. To Intervene In Google Remedies Case

Apple has urged the D.C. Circuit to undo a district court order barring the company from intervening in the U.S. Justice Department's remedies case against Google, arguing it moved with all speed to step in when it saw a government proposal "designed to force Apple to develop its own general search engine."
February 13, 2025
Tax Atty's Firing Not Due To Husband's Testimony, Judge Says

A man failed to prove that his testimony against a Connecticut Department of Revenue Services official during a state legislative hearing cost his high-level tax attorney wife her job, a federal judge has ruled, issuing a win to two agency leaders.
February 13, 2025
Senate Dems Say FCC Looking To 'Punish' Broadcasters

A trio of Senate Democrats wrote to Republican leaders on the Federal Communications Commission questioning recent agency decisions they said "appear politically motivated and designed to punish, censor or intimidate" broadcasters.
February 13, 2025
Ga. Sheriff Must Face $11M Excessive Force Suit, Judge Says

A Georgia federal judge on Thursday refused to dismiss a suit against a county sheriff accused of using excessive force against a man who says he was wrongly arrested for groping the lawman's wife, finding qualified immunity does not apply.
February 13, 2025
Exec Cops To Conspiring To Overbill Gov't In Station Project

A former executive for a masonry contractor involved in the multimillion-dollar restoration of Philadelphia's historic 30th Street Station has admitted to a scheme that involved bribing an Amtrak employee to overcharge the federal government $2 million for the project, the U.S. Attorney's Office in Philadelphia said Thursday.

Expert Analysis

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.
Looking Back At 2024's Noteworthy State AG Litigation

State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
What Broker-Dealers Must Know Before Selling Bitcoin ETPs

Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.
Opinion

A Federal Insurance Mandate For Private Aviation Is Overdue

A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.