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Public Policy
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March 11, 2025
House Mulls Stablecoin Draft As Senate Bill Heads To Vote
House lawmakers continued to hash out the level of consumer protections and the size of state regulatory power that belongs in a federal framework for stablecoins on Tuesday as the Senate said it plans to push forward with a markup of its own Republican-led proposal.
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March 11, 2025
Trump Taps Amazon Corporate Counsel As US Atty In Philly
President Donald Trump has tapped David Metcalf, a former U.S. Department of Justice official, currently at Amazon, to be U.S. attorney for the Eastern District of Pennsylvania.
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March 11, 2025
Trump Taps DOJ Vet To Serve As Energy Dept.'s Top Lawyer
President Donald Trump has nominated a Winston & Strawn LLP partner, who formerly led the U.S. Department of Justice's Environment and Natural Resources Division during Trump's previous term, to serve as the U.S. Department of Energy's general counsel.
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March 11, 2025
Groups Say EPA Must Regulate Phosphate Mining Waste
The Center for Biological Diversity, Sierra Club and others have called on the D.C. Circuit to order the U.S. Environmental Protection Agency to regulate radioactive waste from phosphate mining and fertilizer production, which are currently excluded from federal regulation.
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March 11, 2025
12 Govs. Assert States' Sovereignty Against CTA In 5th Circ.
A dozen Republican governors, led by Georgia Gov. Brian Kemp, urged the Fifth Circuit to maintain a nationwide block of enforcement of the Corporate Transparency Act, arguing the law undermines the traditional authority states have to regulate businesses.
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March 11, 2025
Conservationists Sue FWS Over 'Blanket' Species Rule
Two conservation groups are suing the U.S. Department of the Interior in Montana federal court over an Endangered Species Act rule they say illegally gives the government power to indiscriminately restrict landowners' use of their property.
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March 11, 2025
FTC Defends Southern Glazer's Pricing Case
The Federal Trade Commission is defending its price discrimination case against alcohol distributor Southern Glazer's, telling a California federal judge Monday that the company's move to dismiss the suit "misapprehends applicable case law, ignores key allegations, and overstates the factual detail required of the pleading standard."
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March 11, 2025
DOJ's RealPage Antitrust Case Gets New Judge
The U.S. Department of Justice's price-fixing lawsuit against algorithmic real estate pricing company RealPage is getting a new judge due to a conflict.
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March 11, 2025
BigLaw Firms Join To Support Del. Corporate Law Changes
Twenty-one law firms with Delaware corporate practices have jointly endorsed pending state legislation, S.B. 21, that aims to narrow stockholder avenues for challenging corporate acts and clarify the definition of company controllers.
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March 11, 2025
FERC Can't Defend Its Enforcement Powers, Energy Co. Says
An energy efficiency aggregator insists that the Federal Energy Regulatory Commission doesn't have the authority to pursue a market manipulation case against it, telling a North Carolina federal judge that just because it can contest a penalty in court doesn't mean its constitutional rights haven't been violated.
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March 11, 2025
Former Immigration Judges Defend Legal Services Programs
A group of former immigration judges and Board of Immigration Appeals members told a D.C. federal judge that legal services programs for unrepresented detained immigrants that the Trump administration stopped funding help the courts function more efficiently.
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March 11, 2025
CMA's Big Tech Enforcement To Focus On UK Impact
An official for the Competition and Markets Authority said the agency will focus enforcement efforts against technology companies on issues that have a local impact in the United Kingdom and is less likely to act on issues already being addressed by other authorities.
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March 11, 2025
NYC Workers Can't Revive Fossil Fuel Divestment Challenge
A New York state appeals court refused Tuesday to reopen a lawsuit claiming several New York City pension plans unlawfully put politics over municipal employees' financial needs by divesting $3.9 billion from fossil fuels, backing a trial court's determination that the workers hadn't shown their benefits were affected.
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March 11, 2025
Split 2nd Circ. Says Court Records Rule Flouts Free Speech
A split panel of the Second Circuit said Tuesday that Vermont's new rule restricting access to newly filed state court complaints until they can be reviewed by court staff is unconstitutional in its current form, with one judge arguing that the majority's ruling will stifle innovation in judicial procedures.
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March 11, 2025
Colo. Justices Uneasy About Reach Of Xcel's Immunity Claim
Colorado's justices were concerned Tuesday about the potentially far-reaching consequences of Xcel Energy's claim that a regulatory tariff limits its liability from a man's personal injury claim, with one justice asking if it would be a "severe derogation of common law" for regulators to grant the utility such broad immunity.
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March 11, 2025
'Victim Of Its Own Success': The Federalist Society's Shift
The Federalist Society can now boast long-sought victories and point to scores of federal judges appointed from its ranks. But its alliance with President Donald Trump may bring about a reckoning within the conservative legal movement.
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March 11, 2025
Eric Adams Case Dying Slow Death In 'Sovereign' District
Experts say New York City Mayor Eric Adams' criminal corruption case appears on track to be tossed permanently — a looming development that could signal the end of the fierce independence of the U.S. Attorney's Office for the Southern District of New York.
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March 11, 2025
Threats Against Judges 'Top Priority,' Fed. Judiciary Says
Protecting federal judges is a "top priority" as violent threats spike against a polarized political backdrop, making congressional funding for additional security measures more important than ever, the U.S. Judicial Conference said Tuesday.
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March 11, 2025
NJ Power Broker Fights Civil Suit After Criminal Case Victory
South Jersey power broker George Norcross and his brother moved this week to dismiss a civil racketeering suit against them arguing that the plaintiff's claims "parroted" a criminal indictment against them that was recently dismissed.
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March 11, 2025
California Entities Escape State Judge's Underpayment Suit
A California state judge threw out some claims in a proposed class action from a judge who alleges she was underpaid the last several years, saying the state's retirement agency and its controller showed they didn't have much authority over judges' pay.
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March 11, 2025
Publix's Suit Over Ga. County's Private Attys 'Beyond Reason'
Publix can't sue a metro Atlanta county to force it to drop its private attorneys who filed an opioid suit against the supermarket chain, the Georgia Court of Appeals has said, ruling that the company "fails to show what right the county has violated by its choice of counsel."
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March 11, 2025
Colorado Pot Grower Sues Regulators Over Lax Enforcement
A Colorado cannabis grower is suing state regulators, alleging that they are failing to crack down on illegal businesses and retaliating against legitimate operations for blowing the whistle on noncompliant actors.
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March 11, 2025
Trump Admin Drops Suit Over COVID Nasal Spray Ads Claims
The U.S. Department of Justice quietly moved Monday to drop a Utah federal court lawsuit filed on behalf of the Federal Trade Commission accusing a sinus nasal spray company of falsely claiming its products could help prevent and treat COVID-19.
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March 11, 2025
NJ High Court Approves AG Conflicts Waiver Pilot Program
The New Jersey Supreme Court has given the go-ahead for a two-year pilot program through which the state attorney general will be allowed to waive conflicts of interest for public clients represented by the Office of the Attorney General.
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March 11, 2025
Bipartisan Bill Penalizing Child Labor Violations Reintroduced
A bill that would heavily penalize companies that have been found in violation of child labor laws and would bar them from securing government contracts has been reintroduced by two senators.
Expert Analysis
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Opinion
Congress Must Consider Accurate Data About Patent Thickets
If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports — such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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5 Key Takeaways From Energy Secretary's Confirmation
The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.
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What Calif. Bill Could Mean For Battery Energy Storage
A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.
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3 Ways Trump Can Nix SEC's Climate Disclosure Rules
Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.
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A Compliance Update For Credit Card Reward Partnerships
While the Consumer Financial Protection Bureau's interest in credit card rewards programs could fade under the new administration, a recent circular focusing on both issuers and their merchant partners means that co-brand credit card partnerships with banks could be subject to increased scrutiny ahead, say attorneys at Goodwin.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Foreign Trade Zones Can Help Cos. With Tariff Exposure
Companies navigating shifts in global trade — like the Trump administration’s newly levied tariffs on Chinese goods — should consider whether the U.S. Department of Commerce's poorly understood foreign trade zone program could help reduce their import costs, says James Grogan at FTI Consulting.