Public Policy

  • January 17, 2025

    9th Circ. Backs Vacating Some Trump-Era Oil And Gas Leases

    A split Ninth Circuit ruled Friday that an Idaho federal court, but not a Montana federal court, abused its discretion in striking down oil and gas leases sold during the Trump administration, but halted "surface-disturbing activity" while the federal government reconsiders the leasing decisions.

  • January 17, 2025

    NM Justices Reject Utility Challenges To Solar Rule

    New Mexico's top court issued a slip opinion explaining its decision to back a community solar rule enacted by state regulators and to reject arguments by an Xcel Energy unit and other utilities claiming the rule ran afoul of a Community Solar Act passed by lawmakers.

  • January 17, 2025

    Red States And Oil Groups Attack Biden's Coastal Drilling Ban

    Louisiana-led states and fossil fuel groups are asking a federal judge in the Pelican State to scrap a pair of Biden administration memos that recently banned new oil and gas leasing across more than 625 million acres of federal waters.

  • January 17, 2025

    Instacart, Uber Team Up Against Driver Job Security Law

    Instacart has joined Uber's fight against Seattle's new app-based worker account deactivation rules, with both companies urging the judge who refused to temporarily block the law to grant a stay while the companies appeal to the Ninth Circuit.

  • January 17, 2025

    DC Circ. Seems Of Split Mind On EPA Air Compliance Suit

    The D.C. Circuit seemed split Friday on what to do about a Republican state-led appeal accusing the U.S. Environmental Protection Agency of stepping on their toes when issuing a rule that changed the deadline for submitting Clean Air Act compliance plans for power plants.

  • January 17, 2025

    DOJ Wants No Jail Time For Cross-Border Monopoly Member

    The U.S. Department of Justice has told a Texas federal judge that a woman who pled guilty to conspiring to monopolize cross-border sales of used vehicles should be sentenced to up to 14 months of home detention.

  • January 17, 2025

    Ga. Panel Won't Revive Nixed Charges Against Trump, Others

    The Georgia Court of Appeals on Friday affirmed the dismissal of six counts in the state's election interference case against President-elect Donald Trump, former New York Mayor Rudy Giuliani and other co-defendants, upholding a trial judge's decision that the charges must be tossed for lack of detail.

  • January 17, 2025

    Texas-Led States Join Challenge To EPA Methane Tax

    A coalition of Texas-led states has joined a slew of industry groups challenging a U.S. Environmental Protection Agency rule that imposes fees oil and gas companies must pay if their methane emissions exceed certain thresholds.

  • January 17, 2025

    NC Judge Adamant 'Nobody Needs A Cellphone' In Court

    A North Carolina federal judge didn't mince words in rejecting a joint request from opposing parties in an upcoming redistricting trial who sought a reprieve from a local rule largely barring electronics in the courthouse, saying "nobody needs a cellphone in the courtroom."

  • January 17, 2025

    DOL's Subminimum Wage Rule Draws Support, Scrutiny

    The U.S. Department of Labor's proposed rule to end the program allowing employers to pay subminimum wages to workers with disabilities drew polarized opinions as the comment period ended Friday, with supporters arguing it is time to pay those workers fairly and critics saying the rule will limit workers' options.

  • January 17, 2025

    Muscogee Look To Renew Alabama Burial Grounds Dispute

    The Muscogee (Creek) Nation is asking a federal district court for permission to file a new complaint in a dispute over a sacred Alabama burial ground site after the Eleventh Circuit last year allowed the tribe to reinstate its allegations.

  • January 17, 2025

    Feds Say Pa. Investment Adviser Stole $20M From Clients

    A Pennsylvania investment adviser's alleged misappropriation of more than $20 million worth of client funds has landed him criminal charges and civil enforcement action from U.S. Securities and Exchange Commission.

  • January 17, 2025

    Up Next At High Court: Forum Shopping & TCPA Definitions

    The U.S. Supreme Court will return to the bench Tuesday for a short argument session, during which the justices will consider the U.S. Food and Drug Administration's bid to limit forum shopping by manufacturers challenging agency decisions and how much deference district courts must give to Federal Communications Commission orders.

  • January 17, 2025

    Justices Take Up Md. Parents' LGBTQ Storybook Opt-Out Suit

    The U.S. Supreme Court said Friday it will take on a case from group of Maryland parents contending their local board of education stifled their religious freedom rights by weaving LGBTQ-themed storybooks into its curriculum without giving families the chance to opt-out.

  • January 17, 2025

    FirstEnergy Execs Hit With RICO Charges Over Bribe Scandal

    Two former executives of FirstEnergy Corp. have been hit with federal racketeering charges over their alleged scheme to bribe Ohio House of Representatives members for a billion-dollar bailout that has drawn scrutiny from government agencies and led to long prison sentences for others involved in the scandal.

  • January 17, 2025

    DEA Judge Kicks Pot Rescheduling Back To Administrator

    The Drug Enforcement Administration judge who paused hearings on a proposal to loosen federal restrictions on marijuana has kicked the matter back to the agency's administrator after reformers said the DEA stacked the deck against changing pot's status.

  • January 17, 2025

    Colo. AG, FTC Say Greystar Advertised Deceptive Rent Prices

    The Federal Trade Commission sued developer and property manager Greystar in Colorado federal court Thursday, alleging Greystar advertised deceptive prices for its units to entice prospective tenants to apply, only to later slap them with mandatory hidden fees not included in the marketed price.

  • January 17, 2025

    Crypto Coder Sues Feds To Block 'Money Transmitter' Label

    Crypto policy think tank Coin Center is supporting one of its fellows in suing the federal government over its allegedly "mistaken view" of how criminal money transmission statutes apply to crypto software.

  • January 17, 2025

    Trade Group Sues To Stop Federal Mental Health Parity Regs

    A benefits-focused employer trade group sued the U.S. Department of Labor and other federal agencies in D.C. federal court Friday, seeking to block recently finalized mental health parity regulations the group alleges are unconstitutional and violate administrative procedure laws.

  • January 17, 2025

    Hospice Compliance Program Uses Faulty Data, Providers Say

    A Biden administration regulation that resulted in a list of hospice providers who fail to meet certain standards erroneously includes high-performing facilities because of its flawed algorithm, a group of hospice facilities in multiple states alleged.

  • January 17, 2025

    3rd Circ. Vexed By Remedies For Defunct Vax Mandate

    The Third Circuit wrestled Friday with how it could remedy injuries claimed to be suffered by nurses who lost their jobs for not complying with New Jersey Gov. Phil Murphy's vaccine mandate for healthcare workers, asking what order it could give about something that is no longer in effect and about jobs they no longer have.

  • January 17, 2025

    Ga. Judge Shoots Down Bias Deal Between Feds, Fire Dept.

    A Georgia federal judge has shot down a deal that would have resolved allegations of racial bias in hiring against a metro Atlanta county's fire department, ruling that the proposed settlement with the U.S. Department of Justice lacked a basis to justify prioritizing future Black applicants.

  • January 17, 2025

    COST Pans Maine's Receipt Sourcing Change For Cos.

    Maine's plan to change its apportionment methodology from sourcing business receipts where services are received to where they are acquired or experienced overreaches from what lawmakers had originally intended, the Council on State Taxation said Friday.

  • January 17, 2025

    GOP Reps. Look To End President's National Monument Power

    Two Republican members of Congress have launched a bill seeking to strip the president's power to declare national monuments, saying the Antiquities Act of 1906 is in dire need of reform that would hand over that authority to Congress.

  • January 17, 2025

    US Steel Can't Quicken Probe Into Alleged Merger Plot

    U.S. Steel won't get an expedited look into communications between rival Cleveland-Cliffs Inc. and the United Steelworkers to look for evidence of an alleged conspiracy to sabotage its $14.9 billion merger with Japan's Nippon Steel Corp., after a Pittsburgh federal judge deemed the request "premature" on Friday.

Expert Analysis

  • The State Of USPTO Rulemaking At The End Of Vidal's Term

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    As U.S. Patent and Trademark Office director, Kathi Vidal placed a particular emphasis on formal rulemaking — so as she returns to private practice this week, attorneys at Irell take stock of which of her proposals made it across the finish line, and where the rest stand on the cusp of a new administration.

  • How New Merger Filing Rules Will Affect Economic Advocacy

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    New rules from the antitrust agencies significantly change the Hart-Scott-Rodino premerger notification process and will necessitate rigorous economic analysis earlier in the merging process as the information provided in the filings reflects important antitrust considerations, says Andrea Asoni at Charles River.

  • What Loper Bright And Trump 2.0 Mean For New Transpo Tech

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    The U.S. Supreme Court's recent ruling in Loper Bright Enterprises v. Raimondo, combined with the incoming Trump administration's deregulatory agenda, will likely lead to fewer new regulations on emerging transportation technologies like autonomous vehicles — and more careful and protracted drafting of any regulations that are produced, say attorneys at Venable.

  • 'Minimal Participant' Bar Is Tough To Clear For Whistleblowers

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    Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.

  • Opinion

    How Trump Admin Should Address Indian Country Priorities

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    The incoming Trump administration should consider four high-level policy recommendations if it wants to succeed at improving the quality of life for Native Americans throughout the U.S., says Mike Andrews at McGuireWoods.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Preparing For More Limber Federal Supply Chain Oversight

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    Ahead of the Federal Acquisition Security Council Improvement Act, which would speed up federal acquisition security risk investigations and federal procurement bans, companies should take steps to identify indirect involvement with foreign adversaries in their supply chains and prepare to respond quickly to a FASC recommendation, say attorneys at Morgan Lewis.

  • A Look At SEC, CFTC's Record Year For Whistleblower Awards

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    Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.

  • Green Projects Face States' Foreign Land Ownership Limits

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    As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024

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    In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.

  • California's New AV Law May Steer Policy Nationwide

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    California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.

  • Alpine Ruling Previews Challenges To FINRA Authority

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    While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

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