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Public Policy
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March 18, 2025
Fate Of Boston Women's Soccer Stadium Turns On Site Status
Opponents of a $200 million project to turn a decrepit 75-year-old stadium into the home of a new professional women's soccer team at a historic Boston park urged a judge on Tuesday to find that officials have failed to follow a state law intended to preserve public parks.
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March 18, 2025
Dem Ex-EEOC Officials Call Law Firm DEI Letters Overreach
A group of Democrat-appointed former U.S. Equal Employment Opportunity Commission officials urged acting Chair Andrea Lucas on Tuesday to rescind letters seeking information from 20 law firms about their diversity, equity and inclusion practices, saying she had exceeded the agency's power.
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March 18, 2025
Texas Tells 5th Circ. Trump Executive Order Nixes Pay Ruling
The Texas attorney general told the Fifth Circuit that its ruling in favor of the Biden administration's mandate increasing the minimum wage for federal contractors to $15 per hour must now be thrown out because President Donald Trump overturned the rule in an executive order last week.
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March 18, 2025
Savannah Wants 3M PFAS Pollution Suit Back In State Court
Savannah's lawsuit against 3M Inc. and others over the "forever chemical" contamination of its drinking water should remain in Georgia state court, the city argued in an emergency bid, saying the company wants to push the municipality into a "judicial purgatory."
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March 18, 2025
White House Asks Agencies For Info On Union Contract Costs
The Office of Personnel Management has asked federal agencies to detail how much they have spent on bargaining with the unions that represent their workers, launching a probe of potentially "substantial" costs as the Trump administration reexamines the relationship between the government and federal unions.
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March 18, 2025
Bank Groups Push For Permanent Block On Ill. Swipe Fee Law
Banking industry groups moved late Monday to deliver a final blow to an Illinois state law that bans swipe fees on tax and tip portions of payment card transactions, asking a Chicago federal judge to go ahead and finish off the ban before it takes effect this summer.
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March 18, 2025
Chief Justice Speaks Out After Trump's Impeachment Push
U.S. Supreme Court Chief Justice John G. Roberts Jr. issued a rare statement Tuesday saying "impeachment is not an appropriate response to disagreement concerning a judicial decision" after President Donald Trump called for impeaching a judge who blocked the deportation of Venezuelans.
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March 17, 2025
US Chamber Says FCA Qui Tam Provisions Unconstitutional
The U.S. Chamber of Commerce on Monday endorsed a legal challenge aimed at bringing down the whistleblower provisions in the False Claims Act, arguing there is a "manifest conflict between the modern FCA's qui tam provisions and Article II's text."
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March 17, 2025
DOGE Wants Judge To Reconsider Records Production Order
The Department of Government Efficiency has asked a D.C. federal judge to reconsider an order requiring it to share requested records with a watchdog group, doubling down on its position that DOGE is not an agency subject to public records law.
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March 17, 2025
OCC Green-Lights SmartBiz, Centrust Fintech Bank
The Office of the Comptroller of the Currency announced Monday it has given the green light for SmartBiz Loans to roll its new acquisition, CenTrust Bank NA, into a financial technology company called SmartBiz Bank NA.
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March 17, 2025
Gutting USAID Threatens US Credibility, 22 Ex-Officials Say
A bipartisan group of former high-ranking national security and defense officials on Monday voiced opposition to the Trump administration's decision to dismantle the U.S. Agency for International Development, saying in an amicus brief filed in D.C. federal court that the shutdown undermines the United States' credibility while allowing China and Russia to build theirs.
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March 17, 2025
Judge Extends Block On Data Sharing With DOGE
A Maryland federal judge extended her temporary restraining order blocking the U.S. Department of Education and U.S. Office of Personnel Management from turning over sensitive personal information on federal employees to Department of Government Efficiency workers Monday, giving herself another week to rule on the workers' preliminary injunction request.
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March 17, 2025
NCAA, States Ask Judge To OK Deal On NIL Recruiting Rules
A coalition of states and the NCAA asked a Tennessee federal judge to sign off Monday on a settlement that seeks to resolve antitrust litigation over the NCAA's ban on athlete recruits' name, image and likeness compensation, revealing new details of the deal, including a permanent bar on future policies.
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March 17, 2025
Fox Mischaracterizes Philly License Controversy, Critics Say
A public interest group has urged the Federal Communications Commission to restore an inquiry into whether Fox TV's Philadelphia station should have been denied a broadcast license renewal for airing election falsehoods in 2020 from Fox's cable news channel.
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March 17, 2025
New Bills Target 'Patent Thickets' And 'Product Hopping'
A bipartisan group of senators is backing two bills it says will use the patent system to lower the price of prescription drugs, in part by targeting "patent thickets" and making "product hopping" a violation of antitrust laws.
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March 17, 2025
Savannah Sues Over PFAS Pollution In River
Numerous chemical and manufacturing companies, including 3M and DuPont, tainted the water supply of the city of Savannah, Georgia, with "forever chemicals" despite knowing for decades the dangers these substances pose, according to a lawsuit removed to federal court.
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March 17, 2025
NYC To Pay $140M To End Taxi Drivers' Unfair Suspension Suit
New York City has agreed to pay $140 million to settle a nearly two-decade-old federal class action alleging its practice of summarily suspending licenses for taxi drivers who've been arrested but not yet convicted deprives them of due process by denying them meaningful opportunities to challenge their suspensions.
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March 17, 2025
Judge Questions DOJ Timing Of Deportations After Injunction
U.S. Chief District Judge James Boasberg admonished the Trump administration Monday for its seeming noncompliance with an oral order to turn around flights carrying Venezuelans who were deported under a presidential proclamation invoking the 1798 Alien Enemies Act.
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March 17, 2025
Private Equity Billionaire Greenlighted As Pentagon's No. 2
Private equity billionaire Stephen Feinberg was confirmed as deputy defense secretary on Friday by a 59-40 vote in the U.S. Senate.
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March 17, 2025
DC Judge Holds Off Ruling On Immigration Legal Aid Funds
A D.C. federal judge on Monday held off on deciding whether to order the Trump administration to continue funding programs that give noncitizens access to legal aid and information, as requested in a lawsuit from nonprofit groups, noting that other court orders in separate lawsuits have mandated that federal funds keep flowing.
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March 17, 2025
DJI Says DOD Chinese Military Co. Listing Was Irrational
Drone manufacturer SZ DJI Technology Co. Ltd. has urged a D.C. federal judge to order the U.S. Department of Defense to take the company off a list of Chinese military companies, saying the listing was based on faulty reasoning and a failure to consider relevant evidence.
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March 17, 2025
LA Settles Suit Over Port's Alleged Pollutant Discharges
Los Angeles and an environmental nonprofit announced they have settled a Clean Water Act suit filed this past summer in federal court that accused the city of violating its wastewater discharge permit by exceeding limits on dangerous pollutants dispersed into the San Pedro Bay.
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March 17, 2025
VA To End Medical Care For Gender Dysphoria
The U.S. Department of Veterans Affairs will stop offering medical treatments for gender dysphoria in order to comply with an executive order by President Donald Trump, the agency announced Monday.
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March 17, 2025
Judge Ikuta's Sr. Status Plans Give Trump 9th Circ. Opening
U.S. Circuit Judge Sandra Segal Ikuta of the Ninth Circuit will be taking semi-retired status upon appointment of her successor, a court representative confirmed to Law360 on Monday.
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March 17, 2025
DOJ Unit Invites Immigration Judges Biden Fired To Reapply
The acting director of the Executive Office for Immigration Review issued a new memo calling into question the termination of more than a dozen immigration judges during the Biden administration, inviting them to reapply.
Expert Analysis
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Expectations For SEC Exams As Private Credit Market Grows
The U.S. Securities and Exchange Commission may rely heavily on its Division of Examinations for regulating private credit markets amid their expansion into the retail investor space, so investment advisers should be prepared to address several likely areas of focus when confronted with an exam, say attorneys at Dechert.
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AG Watch: Texas Is Entering New Privacy Enforcement Era
The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
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5 Merger Deal Considerations In Light Of The New HSR Rules
Now that the new Hart-Scott-Rodino Act rules are in effect, current priorities include earlier preparation for merging parties, certain confidentiality covenants, and key elements of letters of intent and term sheets, say attorneys at Fried Frank.
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Considerations As Trump Admin Continues To Curtail CFPB
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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NCAA Rulings Signal Game Change For Athlete Classification
A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.
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6 Laws Transforming Calif.'s Health Regulatory Framework
Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.
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Cos. Should Prepare For Mexican Payments Surveillance Tool
The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.
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How Foreign Cos. Should Prep For New UK Fraud Law
As the U.K. prepares to hold companies criminally liable for failing to prevent fraudulent acts of their associates, U.S. and global companies should review their compliance measures against the broad language of this new offense, which could permit prosecution of acts committed entirely abroad, say attorneys at Latham & Watkins.
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Opinion
NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake
While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.
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What FERC Scrutiny Of Directors, Assets Means For Investors
The Federal Energy Regulatory Commission has recently paid dramatically increased attention to appointments of power company directors by investors, and ownership of vertical assets that provide inputs for electric power production and sale — so investors in FERC-regulated entities should be paying more attention to these matters as well, say attorneys at Day Pitney.
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What's Potentially In Store For CFTC Under New Leadership
Under the leadership of acting U.S. Commodity Futures Trading Commission Chairman Caroline Pham, and with the nomination of former commissioner Brian Quintenz to serve as permanent chair, the commission is set to widely embrace digital assets and event contracts, say attorneys at Davis Wright.
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Revived Executive Order Is A Deregulatory Boon To Banks
A recently reinstated 2019 executive order reveals the Trump administration’s willingness to provide unprecedented protections for regulated parties — including financial institutions — but to claim them, banks and other entities must adopt a forward-leaning posture to work with the regulators, say attorneys at Davis Wright.