Public Policy

  • January 15, 2025

    FTC Defends Authority To Bring Amazon Antitrust Case

    The Federal Trade Commission is pushing back on Amazon's claims that the commission can't bring an antitrust case in federal court without first launching an administrative complaint, telling the Washington federal judge overseeing its case against the e-commerce giant that the Ninth Circuit has already cleared such a move.

  • January 15, 2025

    DOD Chief's Secret Hospitalizations Risked National Security

    A U.S. Department of Defense watchdog has called for the DOD to improve notification and authority transfer procedures for when its leader is incapacitated, saying secrecy around Defense Secretary Lloyd Austin's 2023 and 2024 hospitalizations had risked national security.

  • January 15, 2025

    Dem AGs Want In On Case Challenging 'Dreamers' Healthcare

    Democratic attorneys general from 14 states sought to intervene Wednesday in a Kansas-led challenge to a Biden administration regulation that allows DACA recipients to get federal health insurance through the Affordable Care Act exchanges.

  • January 15, 2025

    Free Speech Groups Push State Law In Trump Defamation Suit

    Several free speech advocacy groups and the American Civil Liberties Union of Pennsylvania urged a federal judge Wednesday to apply the Keystone State's anti-SLAPP law in a defamation suit brought against President-elect Donald Trump by the so-called Central Park Five but took neither party's side on dismissal.

  • January 15, 2025

    Madigan Testimony Requires Separate Trials, Ex-Friend Says

    Michael Madigan's former longtime friend and political ally on Tuesday renewed his request to be separated from the ex-Illinois House speaker as they defend criminal racketeering and bribery charges at trial, arguing that Madigan's testimony amounts to an attack against the former lobbyist that is impossible for him to fend off.

  • January 15, 2025

    EPA Tells DC Circ. Truck GHG Emissions Rule Is Sound

    The U.S. Environmental Protection Agency is defending its tightened greenhouse gas emission standards for heavy-duty vehicles against a challenge brought by dozens of states and industry groups, telling the D.C. Circuit that federal law empowers the agency to regulate all motor vehicles — electric or otherwise.

  • January 15, 2025

    3M Wants Conn. AG's PFAS Case Paused For 2nd Circ. Appeal

    3M has urged a Connecticut Superior Court to stay the state's environmental lawsuit seeking damages for "forever chemical" pollution the company allegedly created, saying the Second Circuit should first review a federal judge's order remanding the case to state court.

  • January 15, 2025

    Block Pays Regulators $80M Over Cash App AML Compliance

    Jack Dorsey's fintech company Block Inc. has reached an $80 million settlement over alleged anti-money laundering compliance failures by its mobile payments platform Cash App, a coalition of state banking regulators announced Wednesday.

  • January 15, 2025

    Calif. Tribe Fights State's Bid To Ax Gaming Compact Suit

    A federally recognized Indian tribe suing California and Gov. Gavin Newsom over a tribal-state gaming compact has asked a federal judge to deny their bid to dismiss state claims in the suit, saying they wrongly argue that state laws implementing the Indian Gaming Regulatory Act are independent of IGRA's requirements.

  • January 15, 2025

    DOJ Reports $2.9B Haul Under FCA, Largest In 3 Years

    Litigation under the False Claims Act generated a little over $2.9 billion in settlements and judgments in the most recent fiscal year, a 5% bump over 2023's total and the most in three years, according to data released Wednesday by the U.S. Department of Justice.

  • January 15, 2025

    More IRS Partnership 'Soft Letters' Coming, Official Says

    The Internal Revenue Service will keep using an educational compliance tool called soft letters to prod taxpayers to comply with a centralized partnership audit regime that has recently turned its focus to larger and more complicated entities, an agency official said Wednesday.

  • January 15, 2025

    Oil Biz Must Face Action Alleging It Dodged Well Cleanup

    Oil and gas company HRM Resources cannot escape a lawsuit from Colorado landowners alleging the business transferred 200 oil and gas wells to a smaller oil company, which soon after declared bankruptcy, in order to shift cleanup obligations to the state, after a Colorado federal judge found the plaintiffs alleged they were injured by the scheme.

  • January 15, 2025

    3rd Circ. Preview: NFL Concussion Benefits Fight Tops January

    The case of late NFL players' family members who say they shouldn't have to exhume their loved ones' remains to receive benefits from the national concussion settlement takes center stage in the Third Circuit's January argument session.

  • January 15, 2025

    Legislators Say Transparency Act Defies First Amendment

    The Corporate Transparency Act is an unnecessary intrusion into the First Amendment rights of Americans, U.S. Sen. Thom Tillis, R-N.C., and 13 House members told the Supreme Court in seeking to maintain an injunction issued in December.

  • January 15, 2025

    Noncompete Ban Has A Defender In Wings If Trump FTC Won't

    Entrepreneurs group Small Business Majority wants the Fifth and Eleventh circuits to let it intervene to defend the Federal Trade Commission's currently blocked noncompetes ban if FTC Republicans stop arguing for the rule as expected once they take power.

  • January 15, 2025

    Conn. Set To End Pollution Review On Property Transfers

    Connecticut regulators have finalized a set of new rules to catch environmental contamination that will replace a system of mandatory inspections on commercial and industrial property transfers, leaving New Jersey as the only U.S. state with such a policy.

  • January 15, 2025

    Australia Gives Guidance On Foreign-Funded Construction

    The Australian Taxation Office laid out a number of key areas that private companies receiving foreign funding from a related party for property or construction projects need to be aware of in order to not run afoul of the country's transfer pricing rules.

  • January 15, 2025

    Feds Float Safety Rule For Growing CO2 Pipeline Network

    Gas- and liquid-phase carbon dioxide pipelines would be subject to new safety standards including improved emergency response and public communications practices under a rule proposed Wednesday by the federal government.

  • January 15, 2025

    7th Circ. Wary Of New Bribery Trial Sought Over FBI Interview

    A Seventh Circuit panel appeared skeptical Wednesday of a sweepstakes machine business owner's argument that his roughly five-year bribery sentence should be vacated because his conviction was largely based on audio from an FBI interview that the original jurors shouldn't have been allowed to hear.

  • January 15, 2025

    Justices Struggle With Tech Advances In Texas Porn Law Row

    Several U.S. Supreme Court justices on Wednesday focused on how a decadesold brick-and-mortar precedent applies to a Texas law requiring age verification on porn websites while struggling to reconcile technological advancements with First Amendment protections.

  • January 15, 2025

    Pa. Malpractice Fund Can't Get Second Chance At 3rd Circ.

    The administrator of Pennsylvania's state-established medical malpractice insurance fund won't get a second chance to convince the Third Circuit that its funds are private, after the court on Wednesday declined to reconsider a December ruling that the state could access the money.

  • January 15, 2025

    Texas Court Unsure State Can Shutter Immigrant Nonprofit

    A Texas appellate court seemed doubtful Wednesday that the state attorney general has authority to shut down a nonprofit over its political speech, with the justices suggesting that Texas might be blurring the line between state and federal nonprofit oversight.

  • January 15, 2025

    9th Circ. Won't Review Nixed Deductions For Disbarred Atty

    The Ninth Circuit on Wednesday rejected a disbarred California attorney's requests to review its December decision to uphold a U.S. Tax Court ruling denying his bid to take business deductions for the cost of challenging his disbarment and a court's declaration that he is a "vexatious litigant."

  • January 15, 2025

    Fla. Man Says Gov't Miscalculated Forfeiture In PPP Fraud

    A Haitian man currently serving a 50-month prison sentence for concealing a COVID-19 loan fraud scheme from U.S. immigration officials to get citizenship urged the Eleventh Circuit on Wednesday to reverse a forfeiture judgment against him, arguing that the government miscalculated the amount of his ill-gotten gains from the scheme.

  • January 15, 2025

    SMU Can't Chuck 100-Year Ties To Church, Justices Suggest

    Texas Supreme Court justices piled questions on Southern Methodist University over its split with the United Methodist Church, saying during oral arguments Wednesday that the school seemingly used "clever lawyering" over a "hot button political issue" to wrestle control from the church.

Expert Analysis

  • The OIG Report: Preparing For Oversight In 2025

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    Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.

  • What To Expect In Higher Ed Enforcement Under Trump

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    Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

  • Takeaways From SEC's Mixed Results In '24 Crypto Litigation

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    Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.

  • Opinion

    Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI

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    A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.

  • How To Manage During A Trade Dispute With USMCA Partners

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    Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.

  • Reviewing The High Court's Approach To Free Speech Online

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    As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.

  • Series

    In The CFPB Playbook: A Sprint To The Finish Line

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    The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.

  • 3 Factors Affecting Retail M&A Deals In 2025

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    Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.

  • What FARA Enforcement In 2024 Reveals For The Year Ahead

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    A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.

  • How New Fraud Enforcement Tool Affects Gov't Contractors

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    Government contractors will likely face greater scrutiny under the recently enacted Administrative False Claims Act, which broadens federal agencies' authority to pursue low-dollar fraud claims, but contractors may also find the act makes settlement of such claims easier to negotiate, say attorneys at Wiley.

  • Predicting What's Next For SEC By Looking At Past Dissents

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    While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.

  • FTC Picks Augur Pro-Business Bent For Much Of Economy

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    President-elect Donald Trump's choice of two top Federal Trade Commission officials suggests a business-friendly climate for a significant portion of the U.S. economy, with noteworthy exceptions of continued scrutiny of healthcare and Big Tech companies, excluding artificial intelligence, say attorneys at BCLP.

  • Takeaways From 2024's Emerging IP Licensing Trends

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    Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.

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