Public Policy

  • March 28, 2025

    Microcaptive Case Doesn't Curb Tax Collection, 10th Circ. Told

    The IRS mischaracterized a lawsuit seeking to set aside guidance requiring additional reporting for microcaptive insurance arrangements, a plumbing supply company and its owners told the Tenth Circuit, saying their suit isn't barred because it doesn't restrain tax collection as the agency claimed.

  • March 28, 2025

    Masonry Exec Charged In Plot To Bribe Amtrak Official

    The president of an Illinois-based masonry contractor awarded a $58 million federal contract to renovate Philadelphia's historic 30th Street Station has been charged with conspiring to bribe an Amtrak official, the U.S. attorney's office in the city said Friday.

  • March 28, 2025

    US Can Weigh In On Osage Reservation Boundary Dispute

    An Oklahoma federal judge will allow the United States to weigh in on a dispute between the Osage Nation and the state's tax commission over the tribe's reservation boundaries after the federal government said a U.S. Supreme Court ruling at the crux of the litigation is of interest to the government.

  • March 28, 2025

    Ill. Judge Blocks Trump's DEI Certification Mandate

    An Illinois federal judge has blocked the U.S. Department of Labor from requiring federal grant recipients to certify that they don't operate programs that violate President Donald Trump's recent executive orders targeting diversity, equity and inclusion initiatives, saying the mandate puts them "in a difficult and perhaps impossible position."

  • March 28, 2025

    No Admission Needed For Conn. Atty To Use Anti-SLAPP Law

    A Connecticut attorney and his Hartford firm weren't required to admit that they engaged in allegedly disparaging speech against a former employee in order to use the anti-SLAPP statute in their attempt to toss the case, a state appeals court ruled Friday in a matter of first impression. 

  • March 28, 2025

    Trump Can Fire NLRB, MSPB Members, DC Circ. Says

    A split D.C. Circuit panel on Friday paused district court orders restoring fired members of the National Labor Relations Board and Merit Systems Protection Board to work, once again removing them from their posts while the president's challenges play out.

  • March 28, 2025

    SEC Dismisses Kraken, Consensys, Cumberland Crypto Suits

    The U.S. Securities and Exchange Commission filed to dismiss crypto-focused enforcement actions against Kraken, Consensys and Cumberland DRW, solidifying a series of resolutions the firms announced earlier this month as the SEC charts a new path on crypto policy.

  • March 28, 2025

    LA Zoo Org. Not Covered In City Contract Row, Insurer Says

    An insurer has no duty to defend or indemnify the Los Angeles Zoo's nonprofit arm in a contractual dispute brought by the city, the carrier told a California federal court, saying claims arising out of a breach of contract or related to the association's professional services are excluded.

  • March 28, 2025

    UK's CMA Floats Revised Fixes For Atlantic Air Travel Deal

    The United Kingdom's Competition and Markets Authority took an important step Friday toward updating antitrust fixes for a partnership covering trans-Atlantic air routes among American Airlines, British Airways, Iberia, Aer Lingus and Finnair, putting the revised commitments out for public comment.

  • March 28, 2025

    Feds Settle NC Insurer's Medicare Reimbursement Suit

    The U.S. Department of Health and Human Services has settled a North Carolina state-created insurance association's suit arguing it did not need to pay back the federal Medicare program for claims that should otherwise be covered by private insurance, and the parties jointly dismissed the matter Thursday.

  • March 28, 2025

    Bank Regulators Will Seek To Rescind Biden-Era CRA Rules

    Federal banking regulators said Friday that they plan to roll back Biden-era rules intended to increase bank lending in underserved areas, a pivot that comes after they had previously defended the rules amid a banking industry legal challenge.

  • March 28, 2025

    Former A&O Shearman Trade Atty Joins DLA Piper In DC

    DLA Piper has expanded its national security and global trade group with a former Allen Overy Shearman Sterling partner and former U.S. Department of Commerce official, who will continue advising clients on trade policies that have seen significant changes at the start of President Donald Trump's second administration.

  • March 28, 2025

    Congress Insider Joins Holland & Hart Federal Affairs Team

    Holland & Hart LLP has hired an attorney with 10 years of experience working in policy, advisory and operational roles for members of Congress and in the Senate and House.

  • March 28, 2025

    DOGE Officials Arrive At SEC With Unclear Agenda

    Staffers with Elon Musk's Department of Government Efficiency have made the U.S. Securities and Exchange Commission the latest target of their cost-cutting measures, as the agency confirmed Friday that it has begun onboarding DOGE staff.

  • March 28, 2025

    Judge Blocks Trump Shutdown Of Voice Of America

    A Manhattan federal judge on Friday temporarily blocked the Trump administration's move to gut the agency that controls international news outlet Voice of America, saying it appeared to be a "classic case" of arbitrary policymaking.

  • March 28, 2025

    Trump Asks Justices To Allow Venezuelan Removals

    President Donald Trump asked the U.S. Supreme Court on Friday to lift a D.C. federal judge's order blocking the removal of alleged Venezuelan gang members from the United States under the Alien Enemies Act, arguing the order infringes on his unique authority to make sensitive national security decisions. 

  • March 28, 2025

    Trump's Gender Policies Cloud Trans Asylum Claims

    Amid a flurry of executive actions defining gender as binary, immigration attorneys say their transgender clients are fearful and they themselves are worried about how to navigate claims for asylum and other forms of removal protection in this new landscape.

  • March 28, 2025

    Judges Block Trump's Jenner & Block, WilmerHale Orders

    Jenner & Block LLP and WilmerHale both won temporary restraining orders late Friday blocking President Donald Trump's executive orders targeting the firms, with two Washington, D.C., federal judges determining the firms have shown the orders are likely retaliation for their representation of certain clients.

  • March 27, 2025

    Trump Targets National Security Workers' Bargaining Rights

    President Donald Trump on Thursday issued an executive order ending collective bargaining with unions representing workers at a number of agencies "with national security missions," saying that allowing the workers to bargain is "dangerous" in agencies with such responsibilities.

  • March 27, 2025

    FTC Seeks Amazon Execs' Financials For Prime Renewal Suit

    The Federal Trade Commission urged a Washington federal court to make several Amazon executives hand over an accounting of their assets and liabilities, saying the financial information was essential for determining civil penalties in its lawsuit accusing the e-commerce giant of trapping consumers into renewing Prime subscriptions.

  • March 27, 2025

    New Procedures Expected To Result In More PTAB Denials

    Under new procedures where the director of the U.S. Patent and Trademark Office will decide whether petitions challenging patents should be denied for discretionary reasons, such denials will likely increase, although the policy leaves many unanswered questions, attorneys say.

  • March 27, 2025

    Trade Court Skewers ITC Over Secretive Redaction Policy

    The U.S. Court of International Trade issued a stinging rebuke of the U.S. International Trade Commission Thursday, clarifying disclosure laws and accusing the quasi-judicial agency of being too protective of information it deems "confidential" in violation of basic transparency rules.

  • March 27, 2025

    Commerce Nominee Demurs On Broadband Fund At Hearing

    Sen. Ted Cruz's top aide, Arielle Roth, skirted the question Thursday when asked how much each state would receive under the $42.5 billion broadband deployment program during her confirmation hearing to be the next head of the National Telecommunications and Information Administration.

  • March 27, 2025

    Pulled CFPB Amicus 'Irrelevant' To Citibank Case, NY AG Says

    The Consumer Financial Protection Bureau's move to withdraw a Biden-era brief backing New York Attorney General Letitia James' lawsuit over Citibank NA's handling of online wire fraud is "irrelevant to any matter currently pending before this court," James' office told a federal court Thursday.

  • March 27, 2025

    Trump Targets WilmerHale In 5th BigLaw Executive Order

    WilmerHale became the fifth large law firm to be on the receiving end of an executive order restricting its ability to practice law, with President Donald Trump on Thursday targeting the firm over its ties to former special counsel Robert Mueller as well as its immigration pro bono work and diversity practices.

Expert Analysis

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • 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.

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