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Public Policy
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March 13, 2025
Who Is FCC Nominee Olivia Trusty? Here's What We Know
Republicans on the five-seat Federal Communications Commission need a critical third vote to push through many of the changes they envision for the nation's telecom policies, and the White House has chosen longtime Capitol Hill aide Olivia Trusty for the role.
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March 13, 2025
Ore. Tribes Challenge Utility's Eminent Domain Bid
An Oregon Indigenous community is fighting a bid by Portland General Electric Co. to condemn five acres of public land for the maintenance and operation of its hydroelectric project, arguing that the move is a pretext to eliminate its ceremonial fishing platform at the state's largest waterfalls.
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March 13, 2025
Colo. Panel Keeps Workers' Comp Law Out Of Contractor Suit
An independent contractor cannot use Colorado's workers' compensation law to limit the damages awarded to a colleague for his negligence claim over an on-the-job injury, a state appeals panel ruled Thursday, saying that the two worked together, but not for each other.
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March 13, 2025
Judge Faces Appeal For Not Recusing From Trans Athlete Case
A group of college athletes suing to stop a transgender woman from playing volleyball want an appellate court to step in and remove from the case the Colorado federal judge overseeing it, citing the "prejudice caused" by the judge's use of the transgender athlete's preferred female pronouns.
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March 13, 2025
Del.'s Divisive Corporate Law Rework Passes In State Senate
Divisive amendments to Delaware's general corporation law cleared the state Senate Thursday with multiple questions but little debate and without dissenting votes, and will now be sent to the House amid warnings that failure to approve could weaken the state's standing as a top corporate charter hub.
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March 13, 2025
Md. Judges Told Not To Advise Bar Members On Trump EOs
Maryland state judges who participate in bar association events intended to review and provide legal analysis of presidential executive orders could be seen as practicing law or engaging in partisan political activity and should avoid such activities, the state Judicial Ethics Committee says.
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March 13, 2025
After Court Loss, DA Willis To Turn Over Trump Probe Docs
Fulton County District Attorney Fani Willis has told a Georgia state court that she will respond to the subpoenas from a state Senate committee investigating whether her personal relationship with a special prosecutor amounted to misconduct in her prosecution of President Donald Trump in an election interference case after previously losing her bid to quash the subpoenas.
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March 13, 2025
NJ State Police Agree To Clear Expungements In 120 Days
The New Jersey State Police have agreed to process judicial expungement orders within 120 days, resolving litigation over yearslong delays in the clearing of expunged criminal records, the New Jersey Office of the Public Defender announced Thursday.
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March 13, 2025
Senate Stablecoin Bill Advances With Democrats Divided
The Republican-led U.S. Senate Banking Committee advanced its stablecoin framework Thursday with the help of Democrats who broke from ranking member Sen. Elizabeth Warren's opposition, while a separate bill on what is being called debanking passed along party lines.
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March 13, 2025
5th Circ. Asks If Enforcement Delay Affects CTA Challenge
The Fifth Circuit has asked for supplemental briefing in a challenge against the Corporate Transparency Act, asking whether the case is affected by the U.S. Treasury Department's recent decision to suspend enforcement of reporting rules for domestic companies.
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March 13, 2025
RealPage Pushes Bid To Duck Antitrust Case In NC
RealPage and a group of landlords backed up a motion to shut down claims that the company's software helps fix rental prices brought by the U.S. Department of Justice and a group of states in North Carolina federal court.
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March 13, 2025
Trump's EU Threat May Aim To Boost Negotiation Leverage
President Donald Trump continued his trade tactics Thursday, threatening a 200% tariff on European alcohol imports that is almost certain to be another tool to leverage in future negotiations despite the economic uncertainty it creates.
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March 13, 2025
NY Taps Ex-CFPB Official For Top Financial Enforcement Role
New York's financial services regulator said Thursday that it has hired a new top consumer protection cop, bringing aboard a veteran enforcement official recently departed from the Consumer Financial Protection Bureau.
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March 13, 2025
Solicitor General Pick, 2 More DOJ Noms Go To Full Senate
The Senate Judiciary Committee on Thursday voted out of committee the nomination of President Donald Trump's former personal attorney, Dean John Sauer, to be solicitor general and two other nominees for major U.S. Department of Justice roles, all along party lines.
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March 13, 2025
Lobbying Group Urges Transparency In New AI Ethics Code
After more than a year of research and study, D.C.-area lobbying trade group the National Institute for Lobbying and Ethics on Thursday published its first artificial intelligence ethics code, which emphasizes core principles including transparency, fairness and inclusivity, privacy and data security, and civic engagement and education.
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March 13, 2025
NY Bill Seeks Tax Break For Residential Green Infrastructure
New York state would provide a partial property tax abatement for owners of residential properties in New York City who undertake green infrastructure projects as part of a bill introduced in the state Senate.
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March 13, 2025
Mich. House Won't Send Bills To Governor, Files Appeal
The Michigan House of Representatives said Wednesday that it will continue to hold up nine bills passed during a previous legislative session and that it has lodged an appeal of a court ruling saying the bills must go to the governor.
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March 13, 2025
Venezuelans Get Anonymity In Fight Over Protected Status
A California federal judge said two Venezuelan nationals can continue anonymously in their lawsuit challenging the Trump administration's attempt to end temporary protections for more than 500,000 Venezuelans.
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March 13, 2025
Mass. Judge Of 'Varsity Blues' Case To Take Senior Status
Massachusetts U.S. District Judge Nathaniel M. Gorton, who oversaw hundreds of trials over the course of three decades, including the "Varsity Blues" college admissions cases, plans to take senior status at the end of May.
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March 13, 2025
States Sue To Halt Cuts At Education Dept.
A group of 21 Democratic attorneys general sued the Trump administration Thursday in an effort to halt mass layoffs at the Department of Education, calling it an illegal move that will wreak havoc on states' educational systems.
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March 13, 2025
Lacking Votes, White House Pulls Weldon Nomination At CDC
The White House pulled Dr. Dave Weldon's nomination to lead the Centers for Disease Control and Prevention on Thursday after support among GOP lawmakers wavered, and it became clear he didn't have the votes to clear a Senate committee.
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March 12, 2025
'Not An Autocracy': Judge Says Trump Can't Fire FLRA Chair
President Donald Trump last month unlawfully fired the Democratic chair of the Federal Labor Relations Authority, a Washington, D.C., federal judge ruled Wednesday, saying the government "is not an autocracy" that allows the president to "remove federal officials on a whim."
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March 12, 2025
Calif. Asks Justices To Ax Fuel Groups' Clean Air Waiver Suit
California asked the U.S. Supreme Court on Wednesday to uphold the D.C. Circuit's ruling that biofuel and fossil fuel industry players don't have standing to challenge the U.S. Environmental Protection Agency's Clean Air Act waiver allowing the Golden State to set standards limiting greenhouse gas emissions for vehicles.
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March 12, 2025
GOP Senators Take Aim At CFPB Medical Debt Rule
Republican senators have introduced a measure to overturn the Consumer Financial Protection Bureau's recent rule banning medical debt from credit reports, one of the latest Biden-era regulations to be targeted for legislative repeal.
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March 12, 2025
DC Judge Challenges DOD Over Trans Military Ban Policy
A D.C. federal judge said at a hearing Wednesday that Defense Secretary Pete Hegseth either intends to ban transgender people from the military entirely or he's "sloppy" and says things on social media that contradict the policy he wrote.
Expert Analysis
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The Current And Future State Of Bank-Fintech Partnerships
Though the Consumer Financial Protection Bureau under President Donald Trump seems likely to cultivate an environment friendlier to the financial services industry, bank-fintech partnerships should stay devoted to proactive compliance and be ready to adapt to regulatory shifts that may intensify scrutiny from enforcers, say attorneys at Greenberg Traurig.
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Chancery Ruling Holds Authorized Share Takeaways For Cos.
The Delaware Chancery Court’s recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.
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What Trump Actions Mean For Federal Research Funding
New guidance from the National Institutes of Health represents a massive policy shift regarding federal funding for researchers at institutions of higher education, contributing to a perfect storm of significant resource shortfalls in upcoming years, say attorneys at Arnold & Porter.
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Opinion
NFT Bill Needs Refining To Effectively Regulate Digital Assets
A recent bill in the U.S. House proposing to regulate nonfungible tokens as digital assets would leave key concepts undefined until the U.S. comptroller general completes an after-the-fact study of NFTs, showing it needs more work before it is comprehensive enough to meaningfully protect the market, say attorneys at Duane Morris.
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How The AI Antitrust Landscape Might Evolve Under Trump
The Trump administration's early actions around artificial intelligence and antitrust policy, along with statements from competition regulators, suggest that the AI competition landscape may see reduced scrutiny around acquisitions, but not an entirely hands-off enforcement approach, say attorneys at Hogan Lovells.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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A Look At Healthcare Transaction Oversight In Oregon
Understanding Oregon's enforcement authority and its impact on proposed transactions last year provides a road map to the state's plans to strengthen its processes this year, though enforcement could be challenged by ongoing litigation, say attorneys at Ropes & Gray.
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The Political Branches Can't Redefine The Citizenship Clause
The U.S. Supreme Court’s Wong Kim Ark opinion and subsequent decisions, and the 14th Amendment’s legislative history, establish that the citizenship clause precludes the political branches from narrowing the definition of citizen based on how a parent’s U.S. presence is categorized, says federal public defender Geremy Kamens.
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Questions Remain After Justices' Narrow E-Rate FCA Ruling
The U.S. Supreme Court’s recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.
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Bill Would Bring Welcome Clarity To Del. Corporate Law
A recently proposed bill in Delaware that would provide greater predictability for areas including director independence and controlling stockholders reflects prudential adjustments consistent with the state's long history of refining and modernizing its corporate law, say attorneys at Simpson Thacher.
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Opinion
At 100, Federal Arbitration Act Is Used To Thwart Justice
The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity
A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.
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Short-Term Predictions For The CFPB's Fate Under Trump
Though the Trump administration is unlikely to succeed in abolishing the Consumer Financial Protection Bureau, new leadership will likely moderate enforcement, possibly prompting state attorneys general to step up supervision, say attorneys at Husch Blackwell.
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Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts
Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.