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Public Policy
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March 07, 2025
Trump DOJ's Shift Threatens To Upend Police Reform
As the Trump administration abandons consent decrees — court-ordered agreements designed to curb police misconduct — experts warn that a crucial mechanism for law enforcement accountability is disappearing.
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March 07, 2025
SD Lawmakers Request Study Of Tax Relief For Homeowners
South Dakota instructed its Legislative Research Council to review the state's property tax policies and identify ways to provide property tax relief to homeowners under a concurrent resolution approved by state lawmakers.
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March 07, 2025
Ex-Santos Staffer Gets 1 Year For Fundraising Fraud
A former staffer for expelled U.S. Rep. George Santos, R-N.Y., was sentenced to a year and a day in prison Friday after pleading guilty to posing as a top aide to former House Speaker Kevin McCarthy to solicit donations.
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March 07, 2025
Ukraine Off The Hook For European Import Duties On Steel
The European Commission on Friday proposed a year's extension to its exemption of duties for steel imports from Ukraine, in support of the country's economy following Russia's "unprovoked and unjustified war of aggression," it said in a statement.
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March 07, 2025
Cosmetics Co. Sues Insurer Over Calif. Water Pollution Claims
A cosmetics company facing water pollution claims told a California federal court its insurer denied coverage in bad faith, saying though the insurer agreed to defend a lawsuit from the California attorney general, the insurer still wrongly refused to reimburse costs from two prior, related suits that were ultimately rescinded.
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March 07, 2025
Trucker Overtime Carveout Is Focus Of Reintroduced Bill
A bipartisan group of lawmakers introduced a bill that would nix a Fair Labor Standards Act carveout making certain truck drivers overtime-exempt.
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March 07, 2025
Prison Phone Co. Floats New FCC Rate Cap Plan
Prison phone company NCIC Correctional Services is hoping to kill several birds with one stone by presenting the Federal Communications Commission with a proposal it says would fix issues with a 2024 order changing how the phone prison payment system works and resolve some issues it has on appeal at the First Circuit.
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March 07, 2025
Tariffs, Diversity And DOGE Dominate Trump 2.0 'Risk Factors'
Public companies are busily reworking risk disclosures since the arrival of President Donald Trump's second administration, seeking to walk a fine line of being upfront with investors about potential threats to business despite vast legal and policy uncertainties.
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March 07, 2025
U. Of Washington To Pay $4M To End COVID Tuition Case
The University of Washington will pay $4 million to settle a class action filed by students seeking tuition reimbursement from the COVID-19 campus shutdown, according to a settlement that received a judge's preliminary approval this week.
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March 07, 2025
NY's Crackdown On Illicit Pot Is Unconstitutional, Club Says
A self-described cannabis club has launched a legal challenge to New York policies aimed at combating unregulated marijuana sales, saying authorities' raids unconstitutionally shut down its businesses.
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March 07, 2025
GOP Rep Wants Legislative Redo Of Broadband Program
A key House Republican has filed legislation to overhaul the U.S. Commerce Department's multibillion-dollar broadband deployment program to remove some regulations tied to federal funding.
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March 07, 2025
Conn. Justice Questions Fairness Of Water Rate Hike Rebuff
Connecticut's utility regulator may have treated an Eversource subsidiary unfairly when it told the company it could not increase consumers' water rates to make up for $42 million in capital expenditures, a state Supreme Court justice said Friday.
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March 07, 2025
DOJ Cites SDNY Prosecutors' Texts In Bid To End Adams Case
President Donald Trump's Justice Department doubled down Friday on its bid to toss the corruption case against New York City Mayor Eric Adams, citing newly released internal correspondence showing "troubling conduct" by Southern District of New York prosecutors the agency criticized as "careerist" and insubordinate.
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March 07, 2025
Judicial Impeachment Calls Could Drive Anger At Bench
Twenty-nine years ago, then-U.S. Chief Justice William Rehnquist laid out a cautionary tale on impeachments of judges.
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March 07, 2025
Judge Slams 'Unreasonable' Atty Fee Request in FOIA Case
A D.C. federal judge rejected an asylum-seeker's request for more than $130,000 in attorney fees in a successful Freedom of Information Act case against the federal government, saying "serious deficiencies" in her attorney's billing practices render the request "patently unreasonable."
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March 07, 2025
Budtenders Say Curaleaf's Tips Policy Violates Federal Law
A proposed class of budtenders for Curaleaf Inc.'s Maryland dispensaries are suing the company, saying it violates the Fair Labor Standards Act with its policy of paying out tips to managers.
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March 07, 2025
Judge Upholds Denial Of Class Cert. For 'Bridgegate' Drivers
A New Jersey federal judge has refused to disturb his 2023 denial of class certification for George Washington Bridge travelers who claimed the infamous "Bridgegate" traffic jam violated their constitutional rights, ruling that the plaintiffs' arguments were already considered and found to be immaterial to the case.
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March 07, 2025
EPA To Drop Enforcement Suit Against La. Neoprene Maker
The Trump administration is dropping a lawsuit alleging that a neoprene manufacturer's air emissions pose a health threat to the surrounding community, saying the action is part of its effort to "end radical DEI programs" and "eliminate ideological overreach."
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March 07, 2025
California Bar Orders Investigation Of Flawed Exam
The State Bar of California is bringing on an independent investigator to look into the problem-plagued administration of the February bar exam, which left scores of test-takers feeling cheated.
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March 07, 2025
Mass. Housing Law Called Unfunded Mandate In Latest Suit
A controversial Massachusetts housing law requiring multifamily zoning near Boston-area transit facilities is facing a new legal challenge after the town of Wrentham argued in a Thursday state court suit that it's an unfunded mandate on localities.
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March 07, 2025
NC High Court Hopeful Fights Judge's Recusal Over Donation
A Republican judge challenging ballots cast in the North Carolina Supreme Court race he lost by 734 votes said his colleague on the state Court of Appeals shouldn't be recused from hearing his case because he contributed to the GOP jurist's campaign, noting the panel hasn't even been selected yet.
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March 07, 2025
DC Judge Declines To Block DOGE From Treasury Systems
A D.C. federal judge on Friday declined to wall off access to the federal government's payment systems from employees of the so-called Department of Government Efficiency during a lawsuit brought by retirees and union groups, determining the alleged privacy risks were not enough to warrant the court's intervention.
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March 07, 2025
Immigrant Rights Groups Fight IRS Data Sharing With DHS
Two Illinois-based immigrant and Latino rights groups filed a suit Friday seeking to block the Internal Revenue Service from disclosing the names and addresses of taxpayers with taxpayer identification numbers to the U.S. Department of Homeland Security and other agencies with the purpose of enforcing immigration laws.
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March 07, 2025
Minn. Bill Seeks To Subtract OT, Tips, Bonuses From Income
Minnesota would allow taxpayers to subtract the amount of overtime pay, tips and bonuses earned from their gross income under a bill introduced in the state Senate.
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March 07, 2025
Minn. Bills Seek Sales Tax Break For Home Construction
Construction materials for single-family and multifamily homes for first-time homebuyers would be exempt from some Minnesota sales and use taxes under legislation introduced in the state Senate.
Expert Analysis
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Nippon Order Tests Gov't Control Over Foreign Investments
The U.S. government is primarily interested in restraining foreign transactions involving countries of concern, but former President Joe Biden’s January order blocking the merger of Nippon Steel and U.S. Steel shows that all foreign direct investments are under the federal government’s microscope, say attorneys at Blank Rome.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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How Trump Orders Roll Back Energy Efficiency Mandates
President Donald Trump's first-day executive orders — including a freeze on administrative rules, an order to withdraw the U.S. from the Paris Agreement, and a directive to broaden consumers' appliance choices — have shifted federal policy on energy efficiency, and bring new considerations for companies engaging with the U.S. Department of Energy, say attorneys at HWG.
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What Financial Intermediaries Can Expect From New Admin
Understanding the current regulatory landscape of consumer financial services — and anticipating how it might evolve under Trump 2.0 — is essential for brokers, lead generators and digital platforms, and they should consider strategies for managing regulatory uncertainty, say attorneys at Sheppard Mullin.
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Expect Continued Antitrust Enforcement In Procurement
The scope of federal antitrust enforcement under the second Trump administration remains uncertain, but the Procurement Collusion Strike Force, which collaborates with federal and state agencies to enforce antitrust laws in the government procurement space, is likely to remain active — so contractors must stay vigilant, say attorneys at Ballard Spahr.
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Takeaways From Oral Argument In High Court Trademark Case
Unpacking oral arguments from Dewberry Group v. Dewberry Engineers, which the U.S. Supreme Court is expected to rule on this year, sheds light on the ways in which the decision could significantly affect trademark infringement plaintiffs' ability to receive monetary damages, say attorneys at Buchanan Ingersoll.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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How SDNY US Atty Nom May Shape Enforcement Priorities
President Donald Trump’s nominee for U.S. attorney in the Southern District of New York, former U.S. Securities and Exchange Commission Chair Jay Clayton, will likely shift the office’s enforcement priorities, from refining whistleblower policies to deemphasizing novel prosecutorial theories, say attorneys at Cohen & Gresser.
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How FAR Council's Proposal May Revamp Conflicts Reporting
The Federal Acquisition Regulatory Council's recent proposal for updating organizational conflict of interest rules includes some welcome clarifications, but new representation and disclosure obligations would upend long-standing practices, likely increase contractors’ False Claims Act risks, and necessitate implementation of more complex OCI compliance programs, say attorneys at Wiley.
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Emerging Energy Trends Reflect Shifting Political Landscape
As the Trump administration settles in, some emerging energy industry trends, like expanded support for fossil fuel production, are right off of its wish list — while others, like the popularity of Inflation Reduction Act energy tax credits, and bipartisan support for carbon capture, reflect more complex political realities, say attorneys at Greenberg Traurig.
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4 Potential Effects Of 3rd Circ.'s Coinbase Ruling
The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.
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Applying ABA Atty Role Guidance To White Collar Matters
The American Bar Association’s recently published guidance, clarifying the duties outside counsel owes to both organizational clients and those organizations' constituents, provides best practices that attorneys representing companies in white collar and other investigative matters should heed, say attorneys at MoFo.
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What Trump Admin's Anti-DEI Push Means For FCA Claims
President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.
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Pete Seeger's Lessons For 2025 Congressional Investigations
The constitutional invalidation of singer Pete Seeger's contempt of Congress conviction serves as a reminder for the 119th Congress to focus its investigations on the details, instead of committee member motivations, says Matthew Miller at Foley Hoag.