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Public Policy
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March 14, 2025
9th Circ. Axes Dershowitz Sanction, Clarifies 'Of Counsel' Law
The Ninth Circuit on Friday rejected Alan Dershowitz's arguments that his First Amendment rights shield him from being sanctioned for filing frivolous election-related litigation as "for counsel" representing Republican Arizona candidates, but the panel nevertheless reversed sanctions against Dershowitz since it's the first time the circuit has clarified the law.
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March 14, 2025
Columbia Activist Has Steep Legal Climb To Fight Removal
Columbia University graduate student and green card holder Mahmoud Khalil may have some avenues to fight his deportation based on an obscure provision of immigration law, but a 25-year-old precedent may work against the Palestinian activist.
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March 14, 2025
Judge Backs Conn. Utility's $2M Enviro Penalty In Rate Hike Row
An Avangrid Inc. unit must suffer a roughly $2 million annual penalty for failing to remediate pollution at the defunct English Station power plant in New Haven, Connecticut, a judge has ruled as part of a broader order that upholds most of the state utility regulator's decision to slash a requested $131 million rate hike.
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March 14, 2025
Justices Told 11th Circ.'s FTCA Ruling Is 'Upside-Down'
An Eleventh Circuit decision that scuttled a Georgia family's lawsuit after they were subjected to a botched no-knock raid by the FBI turned "upside-down" the intent of the Constitution's supremacy clause and "would nullify" the Federal Tort Claims Act, advocacy group Public Citizen told the U.S. Supreme Court Friday.
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March 14, 2025
Calif. Insurance Chief OKs State Farm Rates Pending Hearing
The California Department of Insurance on Friday provisionally approved State Farm's request for an emergency rate hike following the Los Angeles fires, including a nearly 22% increase for homeowners, saying final approval will be contingent on the insurer justifying its request at a hearing.
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March 14, 2025
DC Circ. Asks If FERC Oil Orders Are In Its Purview
The D.C. Circuit is questioning its own decades-long practice of reviewing orders from the Federal Energy Regulatory Commission that help determine the cost of transporting oil through pipelines, asking litigants whether it has jurisdiction to consider an appeal nearing its conclusion.
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March 14, 2025
Legalese Aside, Live Nation Judge Keeps Damages Claims
A New York federal judge refused Friday to pare back a lawsuit filed by the government and 40 states accusing Live Nation of quashing competition and hiking ticketing prices, preserving claims that artists have been forced to use Live Nation promotion services and deeming state attorneys general to have standing to seek damages.
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March 14, 2025
Gov't Tells Justices FCC Subsidy Critics Target 'Strawman'
Opponents of the Federal Communications Commission's nearly 30-year-old telecom subsidy system are making "strawman" arguments by claiming taxing power has been unlawfully delegated away from Congress, the government told the U.S. Supreme Court.
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March 14, 2025
Apple Tells DC Circ. It's Still Singled Out In Final Google Fixes
Apple told the D.C. Circuit that it still needs to intervene in the U.S. Department of Justice's search monopolization case against Google because the government's final remedy proposal still treats the iPhone-maker differently than other companies.
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March 14, 2025
Calif. Tribe Looks To Defend Casino Land Trust Decision
A California tribe at the crux of an Interior Department decision to take 221 acres of trust land for the construction of its casino development wants to intervene in a challenge to the order, saying it and the federal agency have different goals in dismissing the dispute.
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March 14, 2025
FCC Chief Presses Congress For Spectrum Pipeline Soon
The Republican chair of the Federal Communications Commission told lawmakers the U.S. won't make critical advances on the wireless technology front until they free up dedicated blocks of airwaves for private licensing.
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March 14, 2025
Senate Approves Full-Year Funding Resolution
The U.S. Senate on Friday passed a continuing resolution funding the federal government for the remainder of fiscal year 2025, after a small group of Democrats sided with Republicans to end debate on the bill.
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March 14, 2025
DOJ Drops Biden-Era Suit Over Iowa Immigration Law
The U.S. Department of Justice on Friday voluntarily dropped a lawsuit lodged under the former Biden administration that challenged Iowa legislation empowering state officials to arrest and remove previously deported noncitizens, months after the Eighth Circuit upheld an order blocking the law.
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March 14, 2025
SpaceX Suit Against Coastal Commission Grounded, For Now
A California federal judge dismissed SpaceX's suit Friday alleging the California Coastal Commission wrongly tried to block its rocket launches, but allowed leave to amend the complaint after warning the company's lawyer he would not grant any leave if he kept up his current line of attack on the suit.
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March 14, 2025
FTC Urges 8th Circ. Not To Pause Insulin Pricing Case
The Federal Trade Commission has urged the Eighth Circuit not to pause its in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, telling the appeals court the pharmacy benefit managers have no chance of winning on their constitutional claims.
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March 14, 2025
11th Circ. Upholds Toss Of Avian Orgs.' Bid To Import Parrots
The Eleventh Circuit on Friday affirmed a judgment against two exotic bird nonprofits trying to get approval to import two parrot species, ruling that the Wild Bird Conservation Act does not allow for a carveout of only captive-bred parrot species from certain countries.
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March 14, 2025
Connecticut Wants Retailers' Hemp Law Challenge Tossed
The state of Connecticut has asked a federal judge to toss a lawsuit by nearly a dozen hemp retailers challenging statutes designed to regulate hemp-derived products with high levels of THC, saying the retailers' lawsuit is deficient in multiple ways.
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March 14, 2025
Ex-De Blasio Admin Official Admits To Arranging ICE Arrest
A former director in ex-New York City Mayor Bill de Blasio's administration pled guilty Friday to leveraging his law enforcement connections to arrange for a U.S. Immigrations and Customs Enforcement agent to make an arrest.
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March 14, 2025
New State Courts Org. President On Its 'Vitally Important' Role
Elizabeth Clement, chief justice of the Michigan Supreme Court and the incoming president of the National Center for State Courts, joined Law360 Pulse for a conversation about her new role in maintaining the functioning and independence of state court systems around the country.
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March 14, 2025
Dr. Oz Pledges 'Upcoding' Crackdown If Confirmed At CMS
Dr. Mehmet Oz told lawmakers he would combat rising healthcare costs by showing there's a "new sheriff in town" opposed to so-called upcoding by Medicare Advantage plans, as he sought support Friday for his nomination to lead the U.S. Centers for Medicare and Medicaid Services.
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March 14, 2025
Meet The Ex-Judge Hoping To Unseat Philly's District Attorney
Former Philadelphia Municipal Court Judge Patrick Dugan has his eyes set on fellow Democrat Larry Krasner's position as the City of Brotherly Love's top prosecutor, hoping to come out on top in a primary race that will determine who ends up in control of the district attorney's office.
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March 14, 2025
Convict Seeks Prison Delay Ahead Of Nadine Menendez Trial
An associate of former U.S. Sen. Robert Menendez who is appealing his conviction for bribing the politician with gold and cash asked a New York federal judge Friday to postpone his voluntary surrender for imprisonment as he prepares to testify in the trial of the ex-politician's wife.
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March 14, 2025
Atty Gets 8½ Years For Attempted Embassy Attack
A Florida attorney who pled guilty to damaging a San Antonio sculpture and unsuccessfully trying to detonate explosives outside the Chinese Embassy in Washington, D.C., was sentenced to 8½ years Friday, after the judge overseeing the case said the defendant's own statements at the hearing likely got him more time.
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March 14, 2025
Reject Next-Gen TV Tuner Mandate, Consumer Tech Org. Says
It's a bad idea to force TV manufacturers to include devices that make them compatible with the next generation of television broadcasting technology on all new sets, a consumer technology trade group told the Federal Communications Commission.
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March 14, 2025
6th Circ. Rejects Tribe's Appeal Of Great Lakes Fishing Pact
A Sixth Circuit panel upheld a 2023 decree governing fishery management in the Great Lakes on Thursday, finding that a Michigan federal judge had the prerogative to enter the decree over the objections of a Native American tribe.
Expert Analysis
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10 Key Worker-Friendly California Employment Law Updates
New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.
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FTC Report On AI Sector Illuminates Future Enforcement
The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.
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FCA Enforcement Would Make Trump's Tariffs More Effective
In implementing its trade policies, the Trump administration is likely to employ the False Claims Act, a powerful enforcement tool that would give tariffs and customs duties teeth, help raise promised revenue and prevent evaders from gaining a competitive advantage, says Sam Buffone at Buffone Law.
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End-Of-Year FCPA Enforcement Surge Holds Clues For 2025
The last three months of 2024 saw more Foreign Corrupt Practices Act enforcement actions than any quarter in the previous four years, providing lessons for companies — even as a new administration raises doubts about whether this momentum will continue, say attorneys at Norton Rose.
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What's Next For Accounting Enforcement After SEC's Big 2024
The U.S. Securities and Exchange Commission under the Trump administration will likely continue to focus enforcement efforts on many of the same accounting and auditing issues that it pursued over the past year — but other areas, such as ESG, internal controls and cryptocurrency cases, may fall out of focus, say attorneys at Debevoise.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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Insights For Finance Firms, Regulators From House AI Report
Though a U.S. House of Representatives report encourages the financial sector to embrace artificial intelligence tools, its focus on ensuring high-quality datasets, transparent development and equitable access underscores that firms and regulators must strike a delicate balance between technological innovation and responsible implementation, says Brendan Palfreyman at Harris Beach.
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LA Wildfires' Effect On Calif. Insurer Of Last Resort
Attorneys at Willkie discuss the background of California's insurer of last resort — known as the Fair Access to Insurance Requirements Plan — and examine the process of assessing member insurers and relevant recent property insurance market developments in light of the destruction from the ongoing Los Angeles wildfires.
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How PAGA Reform Can Inform Employer Strategies In 2025
While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.
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Takeaways From FDA's Updated Confirmatory Trial Guidance
The U.S. Food and Drug Administration's latest draft guidance about accelerated drug approval indicates the FDA's intent to address the significant lag time between accelerated approval and full approval of drugs and may help motivate the industry to complete confirmatory trials, say attorneys at Sheppard Mullin.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Inside New Commerce Tech Restrictions: Key Risk Takeaways
While there are a few limitations on the scope of a new final rule restricting certain foreign adversary products and technologies, the Commerce Department's Bureau of Industry and Security retains sweeping authority to regulate an array of risk areas, says Peter Jeydel at Troutman.
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The Most Important Schedule I Drug Regulatory Shifts Of 2024
In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.
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California's New Homeowner Law Could Hamper Foreclosures
While A.B. 2424, which took effect this month in California, gives homeowners in default additional protections, it also provides loopholes that can be used to delay foreclosure auctions, and the cost of these delays will likely be passed on to the borrower, says Stephen Britt at Severson & Werson.