Public Policy

  • April 21, 2025

    Justices Kick Flavored-Vape Dispute Back To 5th Circ.

    After the U.S. Supreme Court affirmed the U.S. Food and Drug Administration's authority to reject an e-cigarette company's application to market flavored vapes, the high court on Monday granted summary disposition on one other pending case on the same subject, while denying certiorari to three others.

  • April 20, 2025

    High Court's Pause Of Removals Was 'Premature,' Alito Says

    The U.S. Supreme Court's decision early Saturday morning to prohibit the Trump administration from using a 1798 wartime law to remove alleged Venezuelan gang members detained in northern Texas to an El Salvadoran prison was hasty and premature, Justice Samuel Alito wrote in a dissent joined by Justice Clarence Thomas.

  • April 19, 2025

    Up Next At High Court: Preventive Healthcare, LGBTQ Books

    The U.S. Supreme Court will hear arguments in five cases this week, including disputes over the constitutionality of a task force that sets preventive healthcare coverage requirements, a school district's introduction of LGBTQ-themed storybooks and whether parties can establish standing based on harms affecting third parties. 

  • April 19, 2025

    Justices Temporarily Block Removals Under Wartime Law

    The U.S. Supreme Court on Saturday ordered the Trump administration to halt removals of alleged Venezuelan gang members detained in Texas under the 1798 Alien Enemies Act, pending further input from the court.

  • April 18, 2025

    Tufts Student's ICE Detention Fight To Proceed In Vermont

    A Vermont federal judge ruled Friday that Tufts University graduate student Rumeysa Ozturk can fight her U.S. Immigration and Customs Enforcement detention in the state and not the Trump administration's choice of Louisiana, ordering the federal government to bring her back to Vermont no later than May 1.

  • April 18, 2025

    FDIC Eases Big Banks' 'Living Will' Requirements

    The Federal Deposit Insurance Corp. moved Friday to spare large banks from certain requirements for what should go into the next version of their so-called living wills, saying it wants to put more emphasis on planning for quicker, potentially weekend sales of failing banks.

  • April 18, 2025

    WTO's Position In New Trump Administration Remains Unclear

    The Trump administration's aggressive imposition of tariffs has laid the groundwork for an onslaught of likely toothless claims brought against the U.S. at the World Trade Organization, even as the U.S.' stance with the international body remains guarded at best.

  • April 18, 2025

    Venezuelans Ask High Court And 5th Circ. To Pause Removals

    A group of Venezuelans detained in northern Texas launched a multipronged effort Friday to prevent the Trump administration from removing them to El Salvador under the Alien Enemies Act before they can have their day in court, asking the U.S. Supreme Court, the Fifth Circuit and two district courts for emergency relief.

  • April 18, 2025

    Trump Moves For More Power To Hire, Fire Federal Workers

    The Office of Personnel Management on Friday proposed a rule that would give President Donald Trump's administration the power to hire and fire some 50,000 career federal employees, a move that federal worker unions say will allow the president "to replace qualified public servants with political cronies."

  • April 18, 2025

    Google May See Some Light In The Ad Tech Ruling

    The ruling this week in the U.S. Department of Justice's ad tech monopolization case against Google was a major victory but not a total win for the government, and it raises questions about what the fix should be, especially with a trial looming over remedies in a separate case over search.

  • April 18, 2025

    JPMorgan, BofA Face GOP Pressure Over Chinese Co.'s IPO

    The chair of a China-focused U.S. House committee has urged Bank of America and JPMorgan Chase & Co. not to underwrite a Hong Kong initial public offering of Contemporary Amperex Technology Co. Ltd. over concerns the Chinese electric car battery maker is affiliated with the Chinese military.

  • April 18, 2025

    FCC Rejects Changes To 'Silkwave-2' Satellite Plan

    The Federal Communications Commission has said no to a satellite operator's request to launch a new satellite after it promised that satellite would be space-bound before it retired a previous one but it didn't happen.

  • April 18, 2025

    Colo. Says Telecom Fiber Installer Sued Too Soon

    Whatever beef a telecom contractor has with the Colorado Department of Transportation, the venue for dealing with it is the dispute process the pair agreed on when the agency inked a deal for the company to carry out a fiber-optic installation for it, that agency told a state court.

  • April 18, 2025

    1st Circ. Upholds Massachusetts' Assault Weapons Ban

    The First Circuit on Thursday upheld a lower court's decision that a challenge to Massachusetts' 20-year-old ban on assault weapons is unlikely to succeed on the grounds that the ban comports with historical tradition.

  • April 18, 2025

    Enviro Groups Tell 10th Circ. Denver's Dam Appeal Ill-Timed

    Environmental groups have asked the Tenth Circuit to preserve a lower court's order halting construction on a Denver dam, saying a stay requested by the city was filed prematurely.

  • April 18, 2025

    Cybersecurity Ruling Misconstrues Law, FCC Told

    Rural broadband companies are voicing opposition to a recent Federal Communications Commission decision requiring them to combat cybersecurity threats, saying the commission failed to consider the regulatory burden the new rules would impose on carriers.

  • April 18, 2025

    Apache Ask High Court For Quick Ruling In Oak Flat Land Row

    An Apache nonprofit behind the effort to save an ancient worship site from destruction in Arizona is urging the U.S. Supreme Court to quickly rule on its petition after the federal government announced it is moving forward with plans to transfer the site to Resolution Copper for mining.

  • April 18, 2025

    AG Paxton Sues Dallas Over Firearms Ban At Arts Facilities

    Texas Attorney General Ken Paxton has accused the city of Dallas in two lawsuits of violating the state's government code by prohibiting license to carry holders from having firearms on city properties.

  • April 18, 2025

    5th Circ. Says FCC Can't Fine AT&T $57M Without Trial

    The Fifth Circuit has wiped out the $57 million fine that the Federal Communications Commission slapped AT&T with after it and the other major mobile carriers were found to have been selling off people's location data, saying such a penalty without a jury trial was unconstitutional.

  • April 18, 2025

    Democratic AGs Say Trump Illegally Fired FTC Commissioners

    Attorneys general from 20 states and the District of Columbia filed an amicus brief Friday in D.C. federal court backing two fired Democratic Federal Trade Commission members, writing that President Donald Trump's actions violate federal law prohibiting their removal except for cause. 

  • April 18, 2025

    High Court's Cornell Ruling Eases Path For ERISA Suits

    The U.S. Supreme Court's revival of Cornell University workers' class action alleging excessive retirement plan fees will likely spur a rise in lawsuits zeroing in on employers' arrangements with recordkeepers and other service providers, and could make those cases tougher to knock out of court, attorneys say.

  • April 18, 2025

    Tribal 'Window' For New Spectrum Licenses Defended At FCC

    A pair of public interest groups asked Democrats on the Federal Communications Commission to support a tribal "window" allowing Native American bidders a chance to reserve licenses in a commercial spectrum band that's poised for FCC auction.

  • April 18, 2025

    Texas Panel Says State Can Pursue Block Of Pot Amnesty Law

    A Texas appeals panel has found the state can pursue an injunction blocking the enforcement of a city of San Marcos ordinance that prohibits enforcement of some cannabis laws, saying the city is not immune to claims that the ordinance is in violation of state law.

  • April 18, 2025

    Ex-CFO Says He's 'Extremely Remorseful' Of $44M Fraud

    The former chief financial officer of the Detroit Riverfront Conservancy said he is "extremely remorseful" and "ashamed" of his decade-long scheme of defrauding the nonprofit of more than $44 million, asking the court to consider other factors beyond "sensationalism" when sentencing him this month.

  • April 18, 2025

    Boeing Bashed For 'Stonewalling' Discovery In 737 Fraud Suit

    Norwegian Air subsidiaries accusing Boeing of fraud in connection with jet purchase deals have urged a Washington federal judge to force the aerospace giant to hand over documents in the case, citing Boeing's apparent "playbook of repeated delay, resistance and obfuscation."

Expert Analysis

  • Will Trump Order On Transgender Women In Sports Survive?

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    Attorneys at Venable consider whether President Donald Trump's executive order banning transgender women from women's sports will survive legal challenges, and if it does, how federal agencies will enforce it.

  • Reconciling 2 Smoke Coverage Cases From California

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    As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q1

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    The most noteworthy developments from the first quarter of the year in New York financial services include newly proposed regulations on overdraft fees, a groundbreaking settlement by the state attorney general, and a potentially precedent-setting opinion regarding the Electronic Fund Transfer Act, say attorneys at Quinn Emanuel.

  • SEC Crypto Mining Statement Delivers Regulatory Clarity

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    The U.S. Securities and Exchange Commission's March 20 statement clarifying that certain crypto mining activities do not constitute the offer and sale of securities marks the end of the SEC's enforcement-first approach and ushers in a more predictable environment for blockchain innovation and investment, says Jeonghoon Ha at Ha Law.

  • State Extended Producer Responsibility Laws: Tips For Cos.

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    As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Reviewing Calif. Push To Restrict Private Equity In Healthcare

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    A recent proposed bill in California aims to broaden the state's existing corporate practice of medicine restrictions, so investors must ensure that there is clear delineation between private equity investment in practice management and physicians' clinical decision-making, say attorneys at Debevoise.

  • NLRB Firing May Need Justices' Input On Removal Power

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    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

  • The OCC's Newly Relaxed Approach To Bank Crypto Activity

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    With the early March rescission of Biden-era interpretive guidance, the Office of the Comptroller of the Currency has loosened its approach to regulating national banks and federal savings associations' crypto-asset activities, possibly removing one barrier to banks engaging in such activities, say attorneys at Debevoise.

  • Contractor Remedies Amid Overhaul Of Federal Spending

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    Now that the period for federal agencies to review their spending has ended, companies holding procurement contracts or grants should evaluate whether their agreements align with administration policies and get a plan ready to implement if their contracts or grants are modified or terminated, say attorneys at DLA Piper.

  • 5 Steps To Promote Durable, Pro-Industry Environmental Regs

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    The U.S. Environmental Protection Agency's planned wave of deregulation will require lengthy reviews, and could be undone by legal challenges and future changes of administration — but industry involvement in rulemaking, litigation, trade associations, and state and federal legislation can help ensure favorable and long-lasting regulatory policies, say attorneys at Balch & Bingham.

  • Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike

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    The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • Opinion

    7 Ways CFTC Should Nix Unnecessary Regulatory Burdens

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    Several U.S. Commodity Futures Trading Commission regulations do not work efficiently in practice, all of which can be abolished or improved in order to comply with a recent executive order requiring the elimination of 10 regulations for every new one implemented, say attorneys at K&L Gates.

  • Key Issues To Watch As USPTO Changes Abound

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    As 2025 continues to unfold, changes at the U.S. Patent and Trademark Office — including new leadership, operational reforms, legislative initiatives and AI-related policies — have potential to influence proceedings, including efforts to prosecute patents and adversarial proceedings before the Patent Trial and Appeal Board, say attorneys at Morgan Lewis.

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