Public Policy

  • March 26, 2025

    Even With Few Openings, Courts Can Still Shift Under Trump

    There were record low vacancies on the federal bench when Donald Trump took office in January, but the president could still radically alter some courts and swing the judiciary rightward, especially if Congress creates more judgeships during his second tenure.

  • March 26, 2025

    Fla. Appeals Court Upholds Fees For Medical Pot Businesses

    Florida's intermediate appellate court on Wednesday affirmed that the state's Department of Health acted within its authority when it enacted rules requiring medical marijuana dispensaries to pay more than a million dollars in license renewal fees every other year.

  • March 26, 2025

    Need For Individual Analyses Sinks Class Bid In Vax Bias Suit

    A group of former workers claiming they were unlawfully denied medical and religious exemptions from a Pittsburgh public transportation system's COVID-19 vaccination policy cannot proceed as a class, a Pennsylvania federal judge ruled, saying the case involved too many individual issues.

  • March 26, 2025

    Trump Admin Asks Justices To End 'Fiscal Micromanagement'

    The U.S. Department of Education asked the Supreme Court on Wednesday to vacate a Boston federal judge's order reinstating $250 million in teacher training grants that the Trump administration targeted for cuts, saying the case presents an ideal vehicle to put a stop to "district-court fiscal micromanagement" of the executive branch.

  • March 26, 2025

    Governor Quickly Signs Delaware Corporate Law Revision Bill

    Delaware's governor has promptly signed into law closely watched legislation that has been described as an overhaul of the First State's corporation law.

  • March 26, 2025

    Holland & Knight Gains Ex-EPA Regional Leader In Dallas

    Holland & Knight LLP has boosted its ability to serve clients with complex environmental challenges by bringing on a former Environmental Protection Agency regional counsel as a partner in Dallas.

  • March 26, 2025

    House Panel Urges Labor Head To Keep Subminimum Wage

    Republican members of a U.S. House committee urged the head of the U.S. Department of Labor on Wednesday to drop a Biden administration proposal to phase out the ability of employers to pay workers with disabilities below the federal minimum wage.

  • March 26, 2025

    High Court Upholds ATF's Ghost Gun Rule

    The U.S. Supreme Court on Wednesday found that a Bureau of Alcohol, Tobacco, Firearms and Explosives rule restricting so-called ghost gun kits was wrongly invalidated by a lower appeals court and said the bureau has authority to regulate weapons parts and unfinished frames.

  • March 25, 2025

    Feds Say They Had To Stop Deportations, Not Fly People Back

    The U.S. Department of Justice is digging its heels in defending the government's deportation of Venezuelans under a 1798 wartime law, telling U.S. District Judge James Boasberg late Tuesday that his injunction blocking the deportations doesn't require the government to undo removal flights that have already taken off.

  • March 25, 2025

    Public-Sector Unions Win Bid To Sue In Fed Court For Firings

    U.S. District Judge William Alsup said Monday he has jurisdiction to hear claims from public-sector unions over the mass firing of probationary employees within the federal government, flipping from his position last month and splitting from federal courts that have held the claims must be processed through governing labor agencies.

  • March 25, 2025

    Trump's DEI Certification Mandate Meets Skeptical Ill. Judge

    An Illinois federal judge weighing recent executive orders restricting federal diversity, equity and inclusion programs appeared highly skeptical of their requirement that organizations certify compliance with anti-discrimination laws, saying the government's silence on what could violate those laws seems to be what imposing a chilling effect "is all about."

  • March 25, 2025

    Virginia Gov. Vetoes AI Bias Bill, Citing Industry Impact

    Virginia's governor has blocked legislation that would have required the developers and deployers of "high-risk" artificial intelligence systems used in employment, healthcare and other areas to implement safeguards against algorithmic discrimination, saying that the "burdensome" proposal would have "stifled" the burgeoning AI industry. 

  • March 25, 2025

    Intelsat Seeks Fast C-Band Relocation Payments

    The Federal Communications Commission should be paying satellite operators to partially clear out of the upper C-band and it should be doing it quickly, according to Intelsat, which told the agency that it has already done its part.

  • March 25, 2025

    Docs Sought By Paper Likely To End Up In Suit, Dallas Says

    The city of Dallas told a Texas appeals court Tuesday that making it turn over records on a federal housing discrimination investigation to The Dallas Morning News would disturb " the equal footing between governmental bodies and individuals" because the records at issue will likely end up in a lawsuit.

  • March 25, 2025

    PTAB Leader Explains Denial Policy After Withdrawn Memo

    The Patent Trial and Appeal Board's chief judge has provided guidance to the board's other members on how to decide whether to use discretion to deny review of patents based on related litigation, after a previous memo on the issue was withdrawn last month.

  • March 25, 2025

    Baltimore Bridge Collapse: One Year Later

    Federal accident investigators' recent determination that Maryland could've done more to protect Baltimore's Francis Scott Key Bridge from a devastating collapse may complicate the sprawling legal battle over liability and damages in the year since a cargo ship struck the bridge and crippled a major East Coast transportation hub.

  • March 25, 2025

    Tariffs, Economic Concerns Bring Record Q1 Deals Lull

    U.S. deal transaction numbers plummeted in the first quarter of 2025 to the lowest levels seen since the financial crisis, driven by volatile trade policies and rising geopolitical tensions, but a March bump provided hope for an upswing, according to a Tuesday report from Mergermarket.  

  • March 25, 2025

    Texas Panel Asks If Guadalupe Diversion Meshes With Law

    A Texas appeals panel questioned the state on Tuesday on why it didn't conduct site-specific assessments before issuing a permit to divert water from the Guadalupe River, saying that the Texas Water Code appeared to conflict with the state's process.

  • March 25, 2025

    9th Circ. OKs Jan. 20 Pause On New Refugee Admissions

    The Ninth Circuit granted in part Tuesday the Trump administration's emergency bid to stay a preliminary injunction barring President Donald Trump from suspending the U.S. refugee program, but clarified that refugees whose requests were processed prior to Trump's Jan. 20 order must be admitted.

  • March 25, 2025

    Boeing, DOJ 737 Max Criminal Conspiracy Trial Set For June

    Boeing Co. will face a June trial in its 737 Max criminal conspiracy case, a Texas federal court said Tuesday, in a dramatic shift in the American aerospace giant's legal saga as the company continues to renegotiate its plea agreement with the U.S. Department of Justice.

  • March 25, 2025

    Philly Beats Curfew Suit By Minority-Owned Liquor Stores

    A Pennsylvania federal judge dismissed, for now, a constitutional challenge by Asian American and Arab American business owners who alleged Philadelphia city officials unfairly targeted their shops with arbitrary late-night curfews and nuisance ordinances, ruling Monday they lacked standing since none of them received fines or were ordered to shut down.

  • March 25, 2025

    Dem State AGs Back Preserving Biden-Era Parole Programs

    More than a dozen Democratic state attorneys general are urging a Massachusetts federal judge to preserve humanitarian parole programs for immigrants from Afghanistan, Ukraine, Cuba and other countries, backing noncitizens from those countries and U.S.-based sponsors in their challenge to the Trump administration's block on the programs.

  • March 25, 2025

    Home Sellers Oppose DOJ Statement In Mass. Listing Deal

    Home sellers that agreed to a $3.95 million settlement with a multiple listing service over its broker commission rules are defending the deal from the U.S. Department of Justice's attacks, telling the Massachusetts federal judge weighing approval that the government has yet to suggest terms it would find acceptable.

  • March 25, 2025

    GOP-Led House Committee Mulls Bills To Ease Capital Raising

    The U.S. House of Representatives Financial Services Committee on Tuesday debated bills that would ease rules governing private and public securities offerings, marking Congress' latest push to deregulate capital markets under President Donald Trump's second term.

  • March 25, 2025

    Utah Tribe 'Doubled-Down' In Bidding Scheme Row, Court Told

    Utah Gov. Spencer Cox and other state officials are asking a federal court to dismiss a challenge by the Ute Indian Tribe that accuses them of a racist bidding scheme to prevent a land purchase just outside its reservation, arguing that its claims are precluded by federal law.

Expert Analysis

  • Emphasize Social Spaces During RE Project Public Review

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    As Boston continues to work through revisions to its public review process for real estate projects, developers attempting to balance impact mitigation and community improvements may benefit from emphasizing the ways in which development plans can facilitate open social exchange, says David Linhart at Goulston & Storrs.

  • What NHTSA's Autonomous Vehicle Proposal Means For Cos.

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    The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.

  • Preparing For Stricter Anti-Boycott Enforcement Under Trump

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    Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.

  • Opinion

    New DOJ Leaders Should Curb Ill-Conceived Prosecutions

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    First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.

  • Tips For Pharma-Biotech Overlap Reporting In New HSR Form

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    While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • A Look At Drug Price Negotiation Program's Ongoing Impact

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    More than two years after the passage of the Inflation Reduction Act and the rapid implementation of the drug price negotiation program, attorneys at Ropes & Gray discuss how the IRA has influenced licensing strategies, and how maximum fair prices under the law have economically affected certain drugs.

  • Opinion

    Congress Must Consider Accurate Data About Patent Thickets

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    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.

  • Aviation Watch: Litigation Liabilities After DC Air Tragedy

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    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.

  • 5 Key Takeaways From Energy Secretary's Confirmation

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    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.

  • What Day 1 Bondi Memos Mean For Corporate Compliance

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    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.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    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.

  • SEC Motion Response Could Reveal New Crypto Approach

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    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.

  • What Employers Should Know For Next Round Of H-1B Filings

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    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.

  • What Contractors Can Do To Address Material Cost Increases

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    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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