Public Policy

  • January 07, 2025

    Feds Urge 9th Circ. To Uphold Ringed Seal Protections

    The federal government and environmentalists on Monday asked the Ninth Circuit to keep Endangered Species Act protections for Arctic ringed seals in place and reject Alaska's effort to roll them back.

  • January 07, 2025

    9th Circ. To Let Feds Argue In Wash. ICE Inspection Law Fight

    The Ninth Circuit has said the U.S. government can participate in oral arguments over a blocked Washington law that allowed the state to inspect conditions at a privately-run immigration detention facility in Tacoma.

  • January 07, 2025

    Conn. AG, Feds Reach 3rd Dentist Kickback Settlement

    A joint investigation by state and federal law enforcement has netted its third settlement with a Connecticut dentist accused of using illegal patient recruiting tactics to rip off Medicaid.

  • January 07, 2025

    Cannabis Reformers Move To Oust DEA From Pot Hearings

    The U.S. Drug Enforcement Administration has worked behind the scenes to undermine an administrative process that will determine whether federal restrictions on marijuana are relaxed, a group of reformers alleged in a new filing submitted to an agency tribunal.

  • January 07, 2025

    Navajo Nation Sues Feds Over Judicial Funding, Again

    The Navajo Nation alleges in a pair of lawsuits in D.C. federal court that the U.S. Department of the Interior wrongly rejected the tribe's funding proposals for its judicial branch, kicking off a new chapter in a long-running legal saga over yearly funding for the federally recognized tribe.

  • January 07, 2025

    4th Circ. Says Farm Bill Does Not Preempt Va. Hemp Law

    The Fourth Circuit affirmed Tuesday that the federal farm bill legalizing hemp nationwide did not preempt Virginia's new law reining in intoxicating products containing THC derived from hemp.

  • January 07, 2025

    FCC Urged To Revisit New Robocall Penalty Plan

    Voice providers are calling on the Federal Communications Commission to ease robocall reporting requirements, with one prominent telecom trade group calling a potential agency proposal to fine companies $10,000 for submitting false or inaccurate compliance reports "unnecessarily punitive."

  • January 07, 2025

    Detroit Flooding Class Quizzed On Decision To Skip Expert

    A Michigan appellate panel pressed flooding victims Tuesday to explain why they didn't use an expert to bolster their case that a regional water authority's neglect led to a mass flooding event in 2021, with the judges giving away little about whether they would ultimately revive the claims.

  • January 07, 2025

    Biden Designates Two New National Monuments In California

    President Joe Biden on Tuesday designated two sites in California as national monuments amid years of calls from Native American tribes and state and federal lawmakers, in turn protecting 848,000 acres from development.

  • January 07, 2025

    'Unflattering' Story Not Defamatory, Gannett Says

    A tax firm's defamation suit against USA Today should be tossed, the newspaper's owner told Texas justices Monday, arguing that a 2021 investigative series was not defamatory even if its "gist" was "unflattering."

  • January 07, 2025

    5 Argument Sessions Benefits Attys Should Check Out In Jan.

    The U.S. Supreme Court will hear from Cornell University workers looking to revive a retirement plan mismanagement suit and a former firefighter who says federal disability bias law protects post-employment benefits, while circuit courts will weigh gender-affirming care restrictions and a battle over pension annuity payments. Here, Law360 looks at five arguments that benefits attorneys ought to keep an eye on this month.

  • January 07, 2025

    Mont. Bill Floats Mine, Data Center Property Tax Changes

    Montana would lower the property tax rate imposed on metal mines, certain agricultural land and railroads but raise the rate on data center property as part of a bill introduced in the state Senate.

  • January 07, 2025

    Mich. Town Tries To Ditch $5M Suit Over Dispensary Flip-Flop

    A Michigan township accused of greenlighting, and then blocking, a developer's special-use permit for a marijuana dispensary said Tuesday the developer suing it for $5 million never actually got the required prequalification from the state.

  • January 07, 2025

    DOJ Revamps Process For Federal Real Estate Deals

    The U.S. Department of Justice has replaced "outdated provisions" that guided how federal agencies acquired real property with 10 new federal provisions that have the goal of "promoting government efficiency and saving taxpayer funds," the DOJ said Tuesday.

  • January 07, 2025

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates more than 50 times in December on issues ranging from prison phone rates to the use of artificial intelligence in text messages, shared use of the airwaves, marketing consent rules and more.

  • January 07, 2025

    Ligado Gets OK To Tap $939M DIP Amid Spectrum Spat

    Satellite and spectrum business Ligado Networks received a Delaware bankruptcy judge's approval Tuesday to borrow a share of $939 million in Chapter 11 financing that the company will use to repay high-ranking debt and support itself during the case.

  • January 07, 2025

    Khan Says FTC Approach A Bulwark To Trump 'Backsliding'

    Outgoing Federal Trade Commission Chair Lina M. Khan on Tuesday defended the Biden administration's aggressive tack against corporate power and concentration, telling CNBC that while it's "natural" Facebook and Amazon might seek a "sweetheart deal" from the Trump administration, the past four years have made "backsliding" more difficult.

  • January 07, 2025

    Cos. Seek Pause Of Retention Credit Processing In Litigation

    Two companies that helped clients obtain pandemic-era employee retention tax credits asked Arizona federal district court Tuesday to pause the IRS' use of a system for automatically processing claims, saying harm caused by this process cannot be remedied after litigation.

  • January 07, 2025

    DHS Releases 'Playbook' For AI Public Sector Deployment

    The U.S. Department of Homeland Security released a framework on Tuesday for what it referred to as the "reasonable adoption" of generative artificial intelligence technologies based on lessons learned from the agency's various pilot programs.

  • January 07, 2025

    ND Gov. Pitches Property Tax Reform In Annual Address

    North Dakota would cap local property tax increases at 3% and double a major exemption under a plan pitched by the state's new governor that he said would eliminate the tax on many primary residences in the next decade.

  • January 07, 2025

    States Push For Jury Trial In Google Ad Tech Case

    State enforcers accusing Google of monopolizing key digital advertising technology have urged a Texas federal court to reject Google's bid to have the case decided by a judge, saying the U.S. Supreme Court's recent Jarkesy decision confirms the right to a jury trial.

  • January 07, 2025

    Mont. Bill Seeks Review Process For Tax-Exempt Property

    Montana would require the state Department of Revenue to create a program to review property that is exempt from taxation under a bill introduced in the state House of Representatives.

  • January 07, 2025

    FAR Council Withdraws Proposed Contractor Pay Equity Rule

    The Federal Acquisition Regulatory Council announced Tuesday that it will withdraw a pending rule barring federal contractors from considering a job applicant's salary history, to focus on other priorities in the waning days of the Biden administration.

  • January 07, 2025

    Developer Says Mass. Stalling $15M Brownfields Tax Credit

    The developer of a 3.5-acre luxury condo and apartment complex in Boston's Seaport District is accusing the state of improperly second-guessing the work of its licensed environmental remediation consultant to deny a $15.3 million brownfields tax credit, then dragging its feet on an administrative appeal.

  • January 07, 2025

    Trump Names Classified Docs Case Atty For White House Role

    Stanley Woodward Jr. of Brand Woodward Law LP is the latest attorney from Trump world to be tapped for a role for the incoming administration.

Expert Analysis

  • Executive Orders That Could Affect Financial Services In 2025

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    The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.

  • The State Of USPTO Rulemaking At The End Of Vidal's Term

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    As U.S. Patent and Trademark Office director, Kathi Vidal placed a particular emphasis on formal rulemaking — so as she returns to private practice this week, attorneys at Irell take stock of which of her proposals made it across the finish line, and where the rest stand on the cusp of a new administration.

  • How New Merger Filing Rules Will Affect Economic Advocacy

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    New rules from the antitrust agencies significantly change the Hart-Scott-Rodino premerger notification process and will necessitate rigorous economic analysis earlier in the merging process as the information provided in the filings reflects important antitrust considerations, says Andrea Asoni at Charles River.

  • What Loper Bright And Trump 2.0 Mean For New Transpo Tech

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    The U.S. Supreme Court's recent ruling in Loper Bright Enterprises v. Raimondo, combined with the incoming Trump administration's deregulatory agenda, will likely lead to fewer new regulations on emerging transportation technologies like autonomous vehicles — and more careful and protracted drafting of any regulations that are produced, say attorneys at Venable.

  • 'Minimal Participant' Bar Is Tough To Clear For Whistleblowers

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    Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.

  • Opinion

    How Trump Admin Should Address Indian Country Priorities

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    The incoming Trump administration should consider four high-level policy recommendations if it wants to succeed at improving the quality of life for Native Americans throughout the U.S., says Mike Andrews at McGuireWoods.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Preparing For More Limber Federal Supply Chain Oversight

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    Ahead of the Federal Acquisition Security Council Improvement Act, which would speed up federal acquisition security risk investigations and federal procurement bans, companies should take steps to identify indirect involvement with foreign adversaries in their supply chains and prepare to respond quickly to a FASC recommendation, say attorneys at Morgan Lewis.

  • A Look At SEC, CFTC's Record Year For Whistleblower Awards

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    Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.

  • Green Projects Face States' Foreign Land Ownership Limits

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    As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024

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    In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.

  • California's New AV Law May Steer Policy Nationwide

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    California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.

  • Alpine Ruling Previews Challenges To FINRA Authority

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    While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

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