Public Policy

  • March 26, 2025

    Supreme Court Skeptical Of Nixing FCC Subsidy Fund

    Conservative justices took aim Wednesday at rising costs in the country's multibillion-dollar phone and broadband subsidy system, questioning whether lawmakers put meaningful limits on the program's growth, but some argued the fund works just like others created by Congress that rely on revenues from industry fees.

  • March 26, 2025

    Split DC Circ. Affirms Block On Removals Under Wartime Law

    A divided D.C. Circuit panel on Wednesday rejected the Trump administration's attempt to dissolve trial court orders blocking the deportations of Venezuelan nationals to El Salvador under the 1798 Alien Enemies Act.

  • March 26, 2025

    No Grounds To Block Third Country Deportations, DOJ Argues

    The Trump administration told a Massachusetts federal judge that an attempt to block efforts to deport noncitizens to countries with which they have no relationship interferes with its lawful execution of removal orders.

  • March 26, 2025

    5th Circ. Backs EPA Ozone Plan Rejections, Except In Miss.

    The Fifth Circuit upheld the U.S. Environmental Protection Agency's disapproval of Texas and Louisiana's plans to comply with federal ozone standards, but it said the EPA's disapproval of Mississippi's plan was arbitrary because it relied on information that wasn't available when the state submitted its plan.

  • March 26, 2025

    Atkins' Industry Ties To Be Under Scope At SEC Nom Hearing

    President Donald Trump's pick to lead the U.S. Securities and Exchange Commission is expected to receive a friendly reception from Republican senators at his confirmation hearing on Thursday, but one leading Democrat has promised to press Paul Atkins on his ties to industry and the conflicts that could create.

  • March 26, 2025

    USPTO Director To Take Lead In Considering PTAB Denials

    Citing the Patent Trial and Appeal Board's "workload needs," the acting director of the U.S. Patent and Trademark Office announced Wednesday that she will make decisions on whether every petition challenging a patent should be denied for discretionary reasons before the board considers the merits.

  • March 26, 2025

    Columbia Student Argues For Release From ICE Detention

    Columbia University graduate student Mahmoud Khalil called on a New Jersey federal judge to release him from immigration detention and halt the Trump administration's policy targeting noncitizens who criticize Israel and its military actions in Gaza for detention and removal.

  • March 26, 2025

    Baker McKenzie Partner Joins DOJ Antitrust Leadership Team

    The new head of antitrust enforcement at the U.S. Department of Justice has landed a Baker McKenzie partner for her leadership team who previously worked in the office during the administration of Barack Obama.

  • March 26, 2025

    Coalition Says Trump Admin Flouted Federal Rehiring Order

    The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.

  • March 26, 2025

    Senate Confirms Aaron Reitz To Lead DOJ Legal Policy Office

    Aaron Reitz, chief of staff for Republican Sen. Ted Cruz of Texas and a former deputy attorney general in the Lone Star State, was confirmed on Wednesday to lead the U.S. Department of Justice's Office of Legal Policy by a 52-46 vote in the Senate.

  • March 26, 2025

    DOI Lacked Authority To Cancel Arctic Leases, Judge Says

    The U.S. Department of the Interior lacked authority to cancel seven oil and gas leases issued to the Alaska Industrial Development and Export Authority in the Arctic National Wildlife Refuge, a federal judge has ruled, saying the federal agency was required to get a court order before doing so.

  • March 26, 2025

    New Bill Would Make Supreme Court Televise Future Sessions

    The U.S. Supreme Court could conduct oral arguments in front of television cameras for the first time if a bipartisan pair of senators get their way and succeed in passing a new bill that would require the high court's open sessions to be open to the public via video.

  • March 26, 2025

    Trump Pardons Ex-Hunter Biden Biz Pal For Tribal Bond Fraud

    President Donald Trump pardoned a former business partner of Hunter Biden who was convicted of helping to execute a $60 million bond scam against a South Dakota tribal corporation, saying he believes the former venture capital and private equity fund investor was treated unfairly.

  • March 26, 2025

    Trump Pick To Lead EPA Attys Grilled In Senate On Experience

    President Donald Trump's pick to lead the U.S. Environmental Protection Agency's legal division came under intense scrutiny Wednesday as Senate Democrats questioned his legal experience and his relationship with a senior member of Trump's personnel team.

  • March 26, 2025

    Ex-Aides Say AG Paxton Acted Like 'Pro Se Litigant' In Fee Fight

    Lawyers for Texas Attorney General Ken Paxton's former deputies told a judge on Wednesday that litigating against their ex-boss was "like litigating against a pro se litigant," while defending their bid for hundreds of thousands of dollars in attorney fees.

  • March 26, 2025

    Court Can't Hear Everglades Water Dispute, 11th Circ. Says

    Sugar companies challenging the stand-alone use of an Everglades reservoir component that will allegedly reduce water supplies can't raise the dispute in court because the U.S. Army Corps of Engineers hasn't made a final decision on its operation, according to an Eleventh Circuit opinion.

  • March 26, 2025

    CFPB Pulls 'Inappropriate' Brief Supporting NY's Citi Suit

    The Consumer Financial Protection Bureau has moved to withdraw a Biden-era legal brief it filed backing the New York attorney general in her ongoing lawsuit over Citibank NA's handling of online wire fraud, criticizing the brief as "inappropriate" regulatory freelancing.

  • March 26, 2025

    Court Backs Pitt, UPMC In Firing Doctor Over DEI Article

    A former program director at the University of Pittsburgh School of Medicine failed to show that officials at the University of Pittsburgh Medical Center were acting in a state capacity when they removed him from overseeing a cardiac fellowship program over his criticism of diversity initiatives, a federal judge ruled Wednesday in dismissing his case.

  • March 26, 2025

    EU Import System Fails To Prevent VAT Fraud, Report Says

    The European Union's simplified import customs procedures do not do enough to identify and prevent value-added tax fraud because of loopholes and inconsistencies, an EU watchdog said, also pointing out that various bloc members' oversight of such procedures was lacking.

  • March 26, 2025

    Texas Suit Against NCAA Over Player With CTE Brought Back

    A Texas appellate court has revived a suit against the NCAA by the family of a man who played college football in the 1960s and later died from a degenerative brain disorder, overturning a lower court's ruling that the statute of limitations had expired.

  • March 26, 2025

    Big Oil Cos. Must Face Tribal Climate Suits In State Court

    A pair of lawsuits by Washington tribes alleging Exxon Mobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 deceived consumers about the climate impacts of burning fossil fuels belong in state court, a federal judge said Wednesday, handing the tribes a win in their venue dispute with the Big Oil companies.

  • March 26, 2025

    10th Circ. Tosses Bid To Undo Block Of Okla. Immigration Law

    The Tenth Circuit dismissed Oklahoma's appeal of a district court ruling enjoining a state law barring unauthorized immigrants from residing in the state, saying the matter is moot after the Trump administration dismissed the underlying suit.

  • March 26, 2025

    AGs Seek 1st OK For $39M Apotex Deal In Price-Fixing Case

    A coalition of 50 state attorneys general on Wednesday asked a Connecticut federal judge to accept a $39.1 million deal settling claims that pharmaceutical company Apotex Corp. schemed with others to fix generic-drug prices, with 70% earmarked for a restitution fund and 30% for consumer notices and attorney fees.

  • March 26, 2025

    13 Arrested In Connection With €100M VAT Fraud Scheme

    The Italian Financial Police arrested 13 people suspected of conducting a large-scale, complex criminal operation involving the sale of plastic products that resulted in the evasion of roughly €100 million ($107.5 million) in value-added taxes, the European Public Prosecutor's Office said.

  • March 26, 2025

    False COVID Cure Claims No Longer Feds' 'Current Priority'

    The Trump administration has abandoned another case targeting allegedly false claims that an over-the-counter product could treat, or even cure, COVID-19 by dropping its case against a one-man herbal tea operation.

Expert Analysis

  • What Day 1 Bondi Memos Mean For Corporate Compliance

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    After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • SEC Motion Response Could Reveal New Crypto Approach

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    Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.

  • What Employers Should Know For Next Round Of H-1B Filings

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    With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.

  • What Contractors Can Do To Address Material Cost Increases

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    In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.

  • 5 Things For Private Employers To Do After Trump's DEI Order

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    Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.

  • What Calif. Bill Could Mean For Battery Energy Storage

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    A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.

  • 3 Ways Trump Can Nix SEC's Climate Disclosure Rules

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    Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.

  • A Compliance Update For Credit Card Reward Partnerships

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    While the Consumer Financial Protection Bureau's interest in credit card rewards programs could fade under the new administration, a recent circular focusing on both issuers and their merchant partners means that co-brand credit card partnerships with banks could be subject to increased scrutiny ahead, say attorneys at Goodwin.

  • Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?

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    New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Foreign Trade Zones Can Help Cos. With Tariff Exposure

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    Companies navigating shifts in global trade — like the Trump administration’s newly levied tariffs on Chinese goods — should consider whether the U.S. Department of Commerce's poorly understood foreign trade zone program could help reduce their import costs, says James Grogan at FTI Consulting.

  • How FTC Consumer Protection May Fare Under Reg Freeze

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    Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.

  • Critical Steps For Navigating Intensified OFAC Enforcement

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    The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.

  • Unpacking HHS' Proposal To Amend HIPAA Security Rule

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    While the U.S. Department of Health and Human Services' proposal to amend the Health Insurance Portability and Accountability Act's security rule could face scrutiny under the Trump administration, it reflects a clear concern over health data security and could push entities to implement operational changes, say attorneys at Sheppard Mullin.

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