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Public Policy
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September 08, 2025
NJ Justices Question Parole Board Rule's Constitutionality
The New Jersey Supreme Court suggested Monday that a state Parole Board regulation posed a due process problem by categorically barring prison inmates from accessing their psychological evaluations even if the board applies the rule in a manner that it says is constitutional.
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September 08, 2025
Longtime USPTO Rocky Mountain Director Leaves Agency
The leader of the regional U.S. Patent and Trademark Office covering Colorado, Nebraska and several other states has announced that she is no longer working at the agency.
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September 08, 2025
GAO Flags Barriers In Tribal Energy Loan Program
The U.S. Government Accountability Office said a federal agency program designed to support Indigenous nations in developing energy projects through loans is limiting its accessibility and effectiveness through high, unpredictable costs; unclear guidance; and a lack of tribal expertise.
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September 08, 2025
New Orleans' Short-Term Rental Crackdown Largely Upheld
A Louisiana federal judge mostly sided with New Orleans in a lawsuit filed by Airbnb Inc. and multiple property owners challenging the city's 2023 and 2024 short-term rental restrictions, tossing most of the plaintiffs' 11-count suit.
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September 08, 2025
FCC To Examine Impact Of State, Local Wireline Rules
The Federal Communications Commission plans to take a closer look at federal preemption of state and local rules that could impede the deployment of wireline telecom and broadband service.
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September 08, 2025
Dem Sens., AGs Increase Pressure On DOJ's HPE Merger Deal
The controversial Justice Department settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks drew further pushback from Democratic senators and state attorneys general who respectively sought answers from U.S. Attorney General Pam Bondi and told a California federal judge to reject the deal.
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September 08, 2025
Class Actions May Be The New Injunction Bid, And Next Target
In the two months since the Supreme Court hobbled universal injunctions, lawyers and trial judges have pivoted to adjust to a new litigation landscape, with class actions playing a larger role in lawsuits seeking to stop presidential policies. That, in turn, could put the tactic in the administration's crosshairs.
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September 08, 2025
Senior Int'l Tax Official At IRS To Join Baker McKenzie
A 15-year veteran of the Internal Revenue Service, who recently served as acting commissioner of the Large Business & International Division, will join Baker McKenzie's tax practice in Washington, D.C., later this month, the firm said Monday.
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September 08, 2025
Bessent Says US Will Refund Revenue If Justices Nix Tariffs
If the U.S. Supreme Court decides President Donald Trump lacked authority to impose tariffs under the International Emergency Economic Powers Act, the U.S. government will refund revenue it has collected with tariffs under that law, Treasury Secretary Scott Bessent said.
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September 08, 2025
9th Circ. Backs Trump Donor's Tax, Foreign Agent Convictions
A venture capitalist whose 12-year prison term for evading taxes and making illegal campaign contributions through foreign clients was commuted by President Donald Trump did not plead guilty to the crimes involuntarily, the Ninth Circuit found in affirming his convictions, rejecting his claim that his attorney hid information from him.
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September 08, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.
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September 08, 2025
Most Criminal Summonses In NYC Get Tossed, Study Finds
The vast majority of criminal summonses issued in New York City get dismissed in court, usually due to insufficiency of the information police officers provide in them, and they are issued disproportionately more to Black and Hispanic people, according to a study of official data released Monday.
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September 08, 2025
Conn. Tax Atty Wants Full Appeals Court To Rethink Her Firing
Connecticut's former tax legal director has asked the full Connecticut Appellate Court to reconsider an appellate panel's ruling that found her firing was proper after she used her work computer to send unauthorized draft legislation to a lobbyist, arguing that as a case of first impression it is important for the full court to weigh in.
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September 08, 2025
Appeal Limited To NJ US Atty DQ Ruling, 3rd Circ. Told
The federal government and defense counsel have agreed that the scope of a Third Circuit appeal is limited to the disqualification of New Jersey Acting U.S. Attorney Alina Habba from overseeing two cases.
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September 08, 2025
Dems Again Ask NY Ethics Body To Investigate Bove
Two Democratic senators filed an updated ethics complaint with the New York State Courts' attorney ethics body against recently confirmed Third Circuit Judge Emil Bove, citing what they called his "quid pro quo deal" to drop criminal charges against New York City Mayor Eric Adams and other alleged ethical violations.
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September 08, 2025
NC High Court Snapshot: Pot Smell Test, Atty's Divorce Feud
North Carolina's top court will return from its summer hiatus in September to address whether law enforcement can rely on the smell of marijuana alone in the age of legalized hemp to justify a warrantless search. Here are some highlights of the high court's September lineup.
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September 08, 2025
Idaho Developer Looks To Defend $2B Gold Mine Project
The developer of a proposed $2 billion Idaho gold mine wants to intervene in a tribe's challenge that looks to block the project, saying it has already invested more than $400 million in the endeavor and has an interest in developing and moving the effort forward without delay.
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September 08, 2025
Tracking The Copyright Fights Between Creators And AI Cos.
In the three years since ChatGPT burst onto the scene, artificial intelligence developers like OpenAI, Meta and Anthropic have faced dozens of lawsuits accusing them of infringing the intellectual property of authors, artists, news organizations and the like.
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September 08, 2025
FCC Ready To Kick Off Review Of Cox-Charter Deal
The Federal Communications Commission has set into motion its public interest review of the $34.5 billion deal to combine Charter Communications Inc. and Cox Communications into a powerhouse offering broadband, video and mobile services.
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September 08, 2025
Lawmakers Push To Finalize Tribal Water Rights Settlements
A bipartisan group of lawmakers is urging congressional leaders to make a move on several tribal water rights settlement bills that are pending before the U.S. Senate, saying that doing so will prevent costly litigation and ensure tribes and others have access to water.
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September 08, 2025
Ex-Judge Says Wash. DA, Court Sabotaged Election Bid
A Washington state attorney and former pro tem judge in Seattle has filed a lawsuit alleging she was racially discriminated against when a county prosecutor's office had her disqualified from hearing cases due to rulings she made from the bench.
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September 08, 2025
Pa. Bill Aims To Stop Reassessments For Small Improvements
Pennsylvania would allow small property improvements without the trigger of a reassessment under a bill introduced in the state Senate.
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September 08, 2025
Justices Let ICE Raids Continue In LA Without Restrictions
A divided U.S. Supreme Court on Monday lifted a temporary injunction on indiscriminate immigration stops in Los Angeles, after a lower court ruled in July that racial traits alone such as appearance and accent are not enough to question individuals.
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September 08, 2025
Chief Justice Pauses FTC Commissioner's Reinstatement
Chief Justice John Roberts issued an order Monday temporarily staying the reinstatement of Democratic Federal Trade Commissioner Rebecca Slaughter while the Trump administration fights to bring a case challenging her removal to the U.S. Supreme Court.
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September 08, 2025
Trump Loses 2nd Circ. Appeal Of $83M Carroll Verdict
A Second Circuit panel on Monday upheld an $83.3 million award against President Donald Trump for defaming writer E. Jean Carroll in 2019 in the wake of her sexual assault allegations, rejecting his claims of presidential immunity.
Expert Analysis
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Stablecoin Bills Present Opportunities, Challenges For Banks
Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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New FCPA Guidance May Flip The Whistleblowing Script
The U.S. Department of Justice’s updated Foreign Corrupt Practices Act guidelines lay out a new incentive structure that may put multinational U.S.-based companies in an unusual offensive whistleblowing position, potentially spurring them to conduct external investigations of their foreign rivals, says Markus Funk at Perkins Coie.
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Opinion
GENIUS Act Could Muck Up Insolvency Proceedings
While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.
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How McKesson Ruling Will Inform Interpretations Of The TCPA
Amid the U.S. Supreme Court's ruling in McLaughlin Chiropractic Associates v. McKesson, we can expect to see both plaintiffs and defendants utilizing the decision to revisit the Federal Communications Commission's past Telephone Consumer Protection Act interpretations and decisions they did not like, says Jason McElroy at Saul Ewing.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q2
The second quarter saw California become a more active protector of consumers in response to federal regulatory pullback, with regulators proposing a licensing framework for digital asset businesses, ending an enforcement exemption and otherwise signaling further expansions of oversight and enforcement, say attorneys at Stinson.
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Justices Rethink Minimum Contacts For Foreign Entities
Two recent U.S. Supreme Court decisions, Devas v. Antrix and Fuld v. Palestine Liberation Organization, suggest that federal statutes may confer personal jurisdiction over foreign entities that have little to no contact with the U.S. — a significant departure from traditional due process principles, says Gary Shaw at Pillsbury.
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Opinion
New USPTO Leadership Must Address Low-Quality Patents
With John Squires in line to become the new director of the U.S. Patent and Trademark Office, the agency has an opportunity to refocus its mission on prioritizing quality in patent examination and taking a harsher stance against low-quality patents and patent trolls, says Jill Crosby at Engine Advocacy & Foundation.
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Harmonized Int'l Framework May Boost Advanced Aircraft
International differences in the certification process for advanced air mobility aircraft make the current framework insufficient — but U.S. Secretary of Transportation Sean Duffy's recent announcement of a standards harmonization effort may help promote these innovative aviation technologies, while maintaining safety, say attorneys at Morgan Lewis.
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Capital One Deal Approval Lights Up Path For Bank M&A
The federal banking regulators' recent approval of Capital One's acquisition of Discover signals the agencies' willingness to approve large transactions and a more favorable environment generally for bank mergers under the Trump administration, say attorneys at Arnold & Porter.
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Bills' Defeat Means Brighter Outlook For Texas Renewables
The failure of a trio of bills from the recently concluded Texas legislative session that would have imposed new burdens on wind, solar and battery storage projects bodes well for a state with rapidly growing energy needs, say attorneys at Troutman.
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Examining TCPA Jurisprudence A Year After Loper Bright
One year after the U.S. Supreme Court overturned Chevron deference in Loper Bright v. Raimondo, lower court decisions demonstrate that the Telephone Consumer Protection Act will continue to evolve as long-standing interpretations of the act are analyzed with a fresh lens, says Aaron Gallardo at Kilpatrick.
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Opinion
State Bars Must Probe Misconduct Claims, Even If It's The AG
The Florida Bar’s recent refusal to look into misconduct allegations against Attorney General Pam Bondi is dangerous for the rule of law, and other lawyer disciplinary bodies must be prepared to investigate credible claims of ethical lapses against any lawyer, no matter their position, say attorneys James Kobak and Albert Feuer.
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New FCPA Guidance Creates 5 Compliance Imperatives
In light of new Foreign Corrupt Practices Act guidelines that mark a fundamental shift in enforcement priorities, companies should consider several specific steps to ensure compliance, from enhanced due diligence to robust whistleblower protections, says Andrew Wirmani at Reese Marketos.