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Public Policy
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March 12, 2025
Justices Face Renewed Calls To Nix Mass. Wind Farm Permits
Fishing industry groups have asked the U.S. Supreme Court to undo federal approvals of the Vineyard Wind project off the Massachusetts coast, less than two months after the justices declined to consider another legal challenge by project opponents.
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March 12, 2025
Senate Confirms Trump's Pick For DOL Deputy Leader
The U.S. Senate on Wednesday in a party-line vote confirmed President Donald Trump's nominee for deputy labor secretary, the second-in-command of the U.S. Department of Labor.
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March 12, 2025
Texas Urges Court Not To Let DuPont Out Of PFAS Lawsuit
Chemical companies DuPont and Corteva are leaning on a "fraudulent transfer scheme" in order to exit a lawsuit accusing them of making and selling forever chemicals despite knowing about their toxic nature, the state of Texas said Tuesday, urging a federal court not to give them the out.
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March 12, 2025
Canada Announces Steel, Aluminum Retaliatory Tariffs On US
Canada will impose CA$29.8 billion ($20.7 billion) in retaliatory tariffs in response to the 25% rates that President Donald Trump has levied on all steel and aluminum imports, a senior Canadian government official announced on Wednesday.
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March 12, 2025
Final Google Fixes Keep Apple Payments, DOJ Tells DC Circ.
The U.S. Department of Justice doubled down on its arguments against permitting Apple to intervene in the upcoming remedies phase of its Google search monopoly lawsuit, arguing that the newly submitted final version of its sought fixes show Apple would keep getting payments it wants protected.
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March 12, 2025
Judge Narrows Injunction In Florida Migrant Transport Case
A Florida federal judge narrowed a statewide injunction blocking a state law that criminalizes the transportation of unauthorized immigrants, saying the injunction should apply only to the plaintiffs who have established standing in the case.
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March 12, 2025
Judge Blocks Order Limiting Perkins Coie Government Access
A D.C. federal judge on Wednesday halted enforcement of the Trump administration's executive order against law firm Perkins Coie LLP that cited issues including its representation of Hillary Clinton during her 2016 presidential run, calling the order "viewpoint discrimination, plain and simple."
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March 12, 2025
Property Tax Can Fund Retired Cops' Insurance, Panel Says
A Michigan state appeals court on Tuesday said property taxes imposed by four municipalities to cover the cost of health insurance for retired firefighters and police officers are not illegal, finding a law established before a constitutional amendment barring new taxes without a public vote allowed taxation for broad retirement benefits.
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March 12, 2025
White House Urged To Back Patent Eligibility Bill To Aid AI
The Council for Innovation Promotion has urged the Trump administration to support a legislative overhaul of patent eligibility law and reconsider patent office guidance on the issue as the White House aims to ensure the U.S. plays a dominant role in artificial intelligence.
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March 12, 2025
Ex-Smartmatic Execs Seek FCPA Reprieve After Trump Order
Two former executives of electronic-voting system developer Smartmatic asked a Florida federal judge on Wednesday to push back the schedule in their bribery case while the U.S. Department of Justice reviews pending Foreign Corrupt Practices Act cases.
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March 12, 2025
As Perkins Coie Fights Order, How Will Other Firms Respond?
Perkins Coie LLP, represented by Williams & Connolly LLP, is challenging President Donald Trump's executive order revoking its security clearance and launching investigations into its diversity efforts. But other firms have remained silent, raising questions about the order's potential effects on how firms handle public policy litigation, publicly support their right to defend all clients and pursue hiring initiatives.
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March 12, 2025
Arizona Lawmakers Reintroduce $5B Tribal Water Rights Act
A bipartisan group of Arizona federal lawmakers reintroduced a bill to finalize a $5.1 billion water rights settlement for three Indigenous tribes in the Colorado River Basin that, if approved, will resolve one of the Grand Canyon State's longest-running water disputes.
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March 12, 2025
HHS To Eliminate 6 Regional Offices For Legal Staff
The U.S. Department of Health and Human Services said Tuesday it will close six out of 10 regional offices where attorneys for the agency work.
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March 12, 2025
Harvard Docs Say Gov't Censored Articles With Gender Terms
A pair of Harvard Medical School researchers sued the Trump administration in Massachusetts federal court on Wednesday, claiming their work was erased from a government-run patient safety website because their articles contained terms like "LGBTQ" and "transgender."
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March 12, 2025
UK Enforcers Double Down On Apple Mobile Browser Worries
A new report from British competition enforcers claims that Apple and Google's dominance in mobile operating systems and browsers limits competition and innovation in the United Kingdom, while encouraging regulators to consider imposing pro-competition requirements on the tech giants.
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March 12, 2025
Catholic Charity Group Says Frozen Refugee Funds Abnormal
Catholic Charities Fort Worth argued before a D.C. federal judge on Wednesday that a purported pause on federal funding for refugee resettlement programs is abnormal and illegal, urging the court to unlock more than $36 million intended for resettling refugees in Texas.
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March 12, 2025
ND Lawmakers OK Recommending Tribal Land Taxation Study
North Dakota would direct state lawmakers to consider studying issues related to the taxation of land owned by enrolled tribal members who reside on Native American reservations under a bill passed by the state Legislative Assembly and headed to the governor.
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March 12, 2025
NY Judge Tees Up Bail, Venue Fights For Columbia Activist
A Manhattan federal judge on Wednesday ordered expedited briefing on whether a Palestinian activist and Columbia University graduate student who was arrested on Saturday should be granted bail pending his release petition, and on where the case belongs, saying there's "some need for speed here."
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March 12, 2025
DOL Escapes Writers' Suit Over Contractor Rule, For Now
A Tennessee federal judge tossed a suit from two freelance writers seeking to block the U.S. Department of Labor's new rule regulating whether workers are independent contractors or employees under federal law, saying the writers can't show that the regulation would hurt their career opportunities.
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March 11, 2025
Payday Lenders Want One More High Court Bout With CFPB
Payday lender groups have asked the U.S. Supreme Court to again take up their challenge to a Consumer Financial Protection Bureau rule finalized during President Donald Trump's first term, this time seeking an appeal focused on the rule's allegedly "tainted" origin.
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March 11, 2025
Feds Unsure When It Can Resume Refugee Program
A "deterioration of functions" in the federal government's refugee program means the U.S. Department of State can't currently tell how long it will take to restore the program under a recent order in Washington federal court, the Trump administration informed the court.
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March 11, 2025
DOGE Must Quickly Cough Up Records To Watchdog Group
A D.C. federal judge has ordered the U.S. Department of Government Efficiency to promptly hand over requested records on its role in mass firings and "dramatic disruptions" to federal programs to a watchdog group, finding that the public will likely be "irreparably harmed" if DOGE keeps dragging its feet.
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March 11, 2025
Dems Rip Trump's 'Sham' Invasion Claim As Power Grab
Democratic lawmakers led by the ranking member of the Senate Judiciary Committee demanded on Tuesday that President Donald Trump rescind his Jan. 20 proclamation promising states "protection against invasion" by migrants, arguing that Trump is illegally using the "sham" claim of invasion as a pretext to expand executive power unconstitutionally.
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March 11, 2025
NJ Justices Say NY Doc Can't Be On Med Mal Verdict Form
The New Jersey Supreme Court ruled Tuesday that an anesthesiologist accused of causing a patient's death during surgery can't have the verdict sheet at the upcoming trial apportion blame to a New York doctor who was never named as a party in the suit.
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March 11, 2025
USPTO Acting Director To Review Bitcoin, Railway Patents
The U.S. Patent and Trademark Office's current acting director made some of her first moves wading into patent board rulings, deciding last week to take a closer look at two board decisions involving blockchain mines and railway signs.
Expert Analysis
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High Court Sentencing Case Presents Legal Fork In The Road
On Feb. 25, the U.S. Supreme Court will hear arguments in Esteras v. U.S. about the factors trial courts may consider when imposing a sentence of imprisonment after revoking supervised release, and the justices’ eventual decision may prioritize either discretion or originalism, says Michael Freedman at The Freedman Firm.
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5 Major Crypto Developments From The Trump Admin So Far
The early weeks of the Trump administration have set the stage for a significant transformation in U.S. digital asset policy by prioritizing regulatory clarity, innovation and a shift away from enforcement-heavy tactics, but many of these changes will require congressional support and progress may be gradual, say attorneys at Ropes & Gray.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Opinion
Admin Change May Help Reduce PTAB Invalidation Rates
It is not good for the U.S. patent system that the Patent Trial and Appeal Board finds all challenged claims to be unpatentable 70% of the time — but new leadership at the Commerce Department and U.S. Patent and Trademark Office may foster pro-patent policies and provide some relief, says Stephen Schreiner at Carmichael IP.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Navigating The Trump Enviro Rollback And Its Consequences
The Trump administration's rapid push for environmental deregulation will lead to both opportunities and challenges, requiring companies to adopt strategic approaches to a complex, unpredictable legal environment in which federal rollbacks are countered by increased enforcement by states, and risks of citizen litigation may be heightened, say attorneys at Beveridge & Diamond.
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Comparing 2 Pending Bills To Regulate Stablecoins
Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.
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Citibank Wire Transfer Ruling Creates New Liability For Banks
A New York federal court's recent decision in New York v. Citibank, affirming the Electronic Fund Transfer Act's consumer protections cover wire transfers allegedly initiated by scammers who infiltrated Citibank customers' online accounts, creates new liability for sending financial institutions and upends decades-old regulatory guidance, say attorneys at Stinson.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Axed ALJ Removal Protections Mark Big Shift For NLRB
A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.
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3 Potential Developments That May Alter US Patent Rights
The Federal Circuit's upcoming decision in EcoFactor v. Google, pending legislation before Congress and the appointment of a new U.S Patent and Trademark Office director all have significant potential to strengthen or weaken patent rights, say attorneys at McKool Smith.
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Year Of The Snake Will Shake Up RE And Mortgage Finance
The year ahead may bring profound transformation and opportunities for growth in the real estate and mortgage finance sectors, with significant issues including policy battles and questions surrounding the future of Fannie Mae and Freddie Mac, says Marty Green at Polunsky Beitel.
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8 Ways Cos. Can Prep For Termination Of Their Enviro Grants
The federal government appears to be reviewing energy- and infrastructure-related grants and potentially terminating grants inconsistent with the Trump administration's stated policy goals, and attorneys at DLA Piper provide eight steps that recipients of grants should consider taking in the interim.
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The Syria Sanctions Dilemma Facing Trump Administration
Parties looking to engage in transactions involving Syria will be watching the expiration of General License 24 in July, when the Trump administration will need to decide whether to make significant changes to the Syrian sanctions program and reconsider the de facto government's status as a foreign terrorist organization, says Charlie Lyons at Ferrari & Associates.
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Inside The Uncertainty Surrounding CFPB's Overdraft Rule
The Consumer Financial Protection Bureau's overhaul of overdraft fee regulation hangs in limbo as the industry watches to see whether new leadership will repeal the rule, allow it to stay in place, or wait for congressional action or the courts to drive its demise, say attorneys at Alston & Bird.