Public Policy

  • March 21, 2025

    Consumer Group Doesn't Belong In FERC Fight, Court Told

    An energy efficiency aggregator fighting a Federal Energy Regulatory Commission market manipulation case carrying a potential $1 billion price tag says a consumer advocate's concern over a constitutional challenge to the agency's structure can't justify its motion to intervene in the company's lawsuit.

  • March 21, 2025

    NC Panel Weighs Judge's Bid To Toss Votes In Top Court Race

    The North Carolina state appeals court grappled Friday with whether voters can be held accountable for the mistakes of election officials as they weighed the merits of Republican candidate Judge Jefferson Griffin's election protests in the still-undecided state Supreme Court race.

  • March 21, 2025

    Nonlawyer Migrant Aides See Clear Mission But Murky Future

    "Accredited representatives," a little-known and underutilized role that allows nonlawyers to represent immigrants with the federal government's authorization, are facing unprecedented demand but also an uncertain future under the Trump administration.

  • March 21, 2025

    How King & Spalding Helped LGBTQ+ Vets Win Back Benefits

    More than a decade after the U.S. Department of Defense repealed its "don't ask, don't tell" policy, which kept LGBTQ+ troops in the closet, veterans who were kicked out for their sexual orientation have continued to suffer the effects of a scarlet letter placed on their discharge papers.

  • March 21, 2025

    La.'s First Nitrogen Execution Reflects Broader Method Shift

    At a time when many states are reassessing the use of lethal injections in capital punishment, Louisiana's recent use of nitrogen gas to execute a death row prisoner points to a shift in states' exploration of alternative methods, with even death by firing squad on the table.

  • March 21, 2025

    Ga. Tort Refom Bill Gets Lawmakers' Final Approval

    Georgia lawmakers gave final approval Friday to the state's first significant civil justice overhaul legislation in two decades, sending the bill to the desk of its biggest proponent, Gov. Brian Kemp, a day after it cleared the House of Representatives.

  • March 21, 2025

    Senator Says Plan To Cut Ed. Dept. Breaks Promise To Tribes

    The vice chairman of the U.S. Senate Indian Affairs Committee says an executive order signed by President Donald Trump that aims to dismantle the Department of Education would eliminate a critical funding source for Indigenous students and could potentially force some rural schools and tribal universities to shutter.

  • March 21, 2025

    Trump Asks NJ Judge To Send Columbia Activist Suit To La.

    The Trump administration has called on a New Jersey federal judge to transfer a petition from Columbia University graduate Mahmoud Khalil seeking release from immigration detention to Louisiana, just one day after it was sent to the Garden State.

  • March 21, 2025

    1st Circ. Affirms Hold On Education Dept. Teacher Grant Cuts

    The First Circuit on Friday kept in place a Massachusetts federal judge's temporary block on $250 million in cuts to teacher training grants that were targeted by the Department of Education over their ties to diversity initiatives.

  • March 21, 2025

    CFPB Says Comerica Trying To Forestall Agency Suit

    The Consumer Financial Protection Bureau told a Texas federal judge on Friday that Comerica Bank was merely trying to use a lawsuit against the agency to forestall an enforcement action over the bank's handling of a government benefit card program.

  • March 21, 2025

    Creek Freedmen Band Wants In On Tulsa Jurisdiction Fight

    The descendants of those once enslaved by the Muscogee Creek Nation and their attorney have sought to intervene in a federal court dispute over tribal jurisdiction in Tulsa, Oklahoma, arguing they share the same objective in blocking the city's law enforcement from prosecuting tribal citizens for traffic offenses within the boundaries of its reservation.

  • March 21, 2025

    3rd Circ. Axes Ethics Claim Against Judge Critical Of Trump

    A D.C. federal judge who criticized then-candidate Donald Trump in a CNN interview last spring has escaped judicial misconduct charges, with the Judicial Council of the Third Circuit finding that the judge had not violated judicial canons in his statements regarding Trump's social media posts amid a pending legal action.

  • March 21, 2025

    DHS Again Seeks To Toss Pot Cos.' Wrongful Seizure Suit

    The U.S. Department of Homeland Security on Friday again asked a New Mexico federal court to throw out a suit from eight cannabis companies alleging their products, cash and vehicles were wrongly seized at checkpoints.

  • March 21, 2025

    Dems Call On Trump To Reinstate Axed FTC Commissioners

    A pair of top House Democrats called on President Donald Trump on Friday to reinstate the fired Democratic commissioners of the Federal Trade Commission because their firing was a "clear violation of the law."

  • March 21, 2025

    Ex-UBS North America CEO Agrees To $4.9M FBAR Judgment

    The former North American CEO for Swiss bank UBS on Friday agreed to a $4.9 million judgment to end claims that he failed to file timely or accurate foreign bank account reports with the Internal Revenue Service between 2003 and 2013.

  • March 21, 2025

    Fed Defends Swipe Fee Cap Against Ky. Pizzeria's Challenge

    The Federal Reserve Board asked a Kentucky federal judge to uphold its existing cap on debit card swipe fees, defending the regulatory measure's substantive and procedural merits in a suit brought by a family-owned pizza shop operating in the state.

  • March 21, 2025

    DOJ Seeks To DQ Judge From Perkins Coie's Exec Order Suit

    The U.S. Department of Justice moved Friday to disqualify the D.C. federal judge presiding over Perkins Coie LLP's challenge to President Donald Trump's executive order targeting the firm for its diversity-focused hiring efforts and its political representation.

  • March 21, 2025

    Mich. Judge Dismisses $217M Dam Repair Tax Challenge

    A Michigan federal judge has dismissed a pair of lawsuits alleging a $217 million special assessment to fund the reconstruction of dams destroyed in 2020 floods was unfairly levied on certain properties, finding homeowners had the opportunity to oppose the assessment and litigate their claims in state court.

  • March 21, 2025

    DC Circ. Won't Let Apple Intervene For Google Search Fix Trial

    A D.C. Circuit panel on Friday rejected Apple's appeal seeking to participate in the remedy trial for the U.S. Department of Justice's search monopolization case against Google next month.

  • March 21, 2025

    Mass. Court Shields Welfare Workers From Child Harm Claims

    Massachusetts' highest court said Friday that child welfare workers are immune from civil claims stemming from a fatal incident in which children were left unattended at a foster home overnight, saying the oversight shortcomings didn't directly cause the harm.

  • March 21, 2025

    Judge Accused Of Bias Expresses Regret Over MDL Remarks

    The chief judge of the Eleventh Circuit has dismissed a judicial ethics complaint alleging that a Florida federal judge had shown impermissible bias in favor of women leading the multidistrict litigation over the hormonal contraceptive drug Depo-Provera, after the judge said she "regrets any misunderstanding" and took steps to address the issue.

  • March 21, 2025

    3rd Circ. Takes On NJ Judicial Privacy Law's Constitutionality

    The Third Circuit has granted requests by several data brokers to review a lower court judge's ruling that New Jersey's judicial privacy and security measure, known as Daniel's Law, is constitutional.

  • March 21, 2025

    NJ Panel Denies Bid To Block Affordable Housing Complex

    A New Jersey appellate court refused to block a Rumson affordable housing project that was being challenged by local residents who said some of the proposed buildings are too tall.

  • March 21, 2025

    New Mexico Lawmakers Approve Medical Psilocybin Bill

    New Mexico lawmakers have given final approval to legislation to create a regulated medical psilocybin program, sending the proposal to the governor's desk.

  • March 21, 2025

    EPA Senior Atty Joins Holland & Knight As Senior Counsel

    Holland & Knight LLP has hired a former senior legal counsel from the U.S. Environmental Protection Agency, who is joining the firm to continue his work with environmental regulatory matters.

Expert Analysis

  • Top 10 Healthcare And Life Sciences Issues To Watch In 2025

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    Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.

  • Birthright Order Denies 14th Amendment's Purpose, Origin

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    President Trump's executive order ending birthright citizenship invokes logic explicitly rejected by the framers of the 14th Amendment, demonstrating the administration's fundamental misunderstanding of the citizenship clauses' origins, jurisprudence, and impact on how Americans understand equality and national belonging, says Mauni Jalali at Quinn Emanuel.

  • A Look At Order Ending Federal Contractor Affirmative Action

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    To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.

  • Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

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    The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

  • Why Trump's FTC May Not U-Turn On Robinson-Patman

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    The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.

  • 4 Keys To Litigating In An Active Regulatory Environment

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    For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.

  • Perspectives

    How High Court May Rule In First Step Act Resentencing Case

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    U.S. Supreme Court justices grappled with verb tenses and statutory intent in recent oral arguments in Hewitt v. U.S., a case involving an anomalous resentencing issue under the First Step Act, and though they may hold that the statute is unambiguous, they could also decide the case on narrow, practical grounds, say attorneys at Bracewell.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Illuminating The Trend Of Florida's Unpaid Hurricane Claims

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    The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.

  • 2025 May Be A Breakout Year For The Cannabis Industry

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    The cannabis industry faced a slow and frustrating 2024, but consumer trends continue to shift in favor of cannabis, and the new administration may provide the catalyst that the industry needs, says Lynn Gefen at TerrAscend.

  • Mass. Law Shows Patchwork Money Transfer Rules Persist

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    Though Massachusetts' recently passed law governing domestic money transfers means 26 states now have a version of the Model Money Transmission Modernization Act on the books, the national framework remains a patchwork that will continue to force industry players to pay sharp attention to state variations, say attorneys at Manatt.

  • Opinion

    Firing Of Jack Smith's Team Is A Threat To Rule Of Law

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    The acting attorney general’s justifications for firing prosecutors who worked on the criminal cases against President Donald Trump rest on a mischaracterization of legal norms, and this likely illegal move augurs poorly for the rule of law, say Bruce Green at Fordham University and Rebecca Roiphe at New York Law School.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • Top Considerations For Insurance Companies In 2025

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    As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.

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