Public Policy

  • March 24, 2025

    Bank Groups Take Aim At Fed's Stress-Test Methodology

    Top bank trade groups are pressing their Ohio federal court challenge to the Federal Reserve Board's stress tests of big banks, asking for a ruling that would force major changes to the way the annual assessments of firm resilience are designed and executed.

  • March 24, 2025

    Contract Consolidation Under GSA Could Hurt Innovation

    The pending consolidation of more than $490 billion in annual federal procurement under the General Services Administration could exacerbate the ongoing shrinking of the federal contracting base and stymie contracting innovation, undercutting its stated efficiency goal.

  • March 24, 2025

    DC Circ. Appears Divided In Venezuelan Deportation Appeal

    A D.C. Circuit panel seemed split on Monday as the appellate judges contended with the Trump administration's bid to dissolve a trial court order blocking the deportations of some Venezuelan nationals to El Salvador under the 1798 Alien Enemies Act.

  • March 24, 2025

    Kimmel's Use Of Santos Videos Not Fair, 2nd Circ. Told

    Cameo videos recorded by former U.S. Rep. George Santos were designed to be satirical jokes, and their rebroadcast by ABC comedian Jimmy Kimmel was not a transformative work protected by the copyright law's fair use doctrine, Santos' attorney told the Second Circuit on Monday.

  • March 24, 2025

    Ore. Tribe Backs Hydro Utility's Eminent Domain Bid At Falls

    The Confederated Tribes of Siletz Indians has asked an Oregon federal judge to approve a utility company's attempt to condemn five acres of public land for the operation of a hydroelectric project, saying another tribe believes wrongly that condemnation would eliminate its fishing platform.

  • March 24, 2025

    Venezuelans Seek Hold On End To DHS Removal Protections

    Lawyers representing Venezuelans living in the United States urged a California federal judge on Monday to pause actions by Homeland Security Secretary Kristi Noem that would end temporary deportation protections for hundreds of thousands of Venezuelans in the country, saying the actions were driven in part by racial animus.

  • March 24, 2025

    NC Urges Court To Rule Fla. Realty Co. Duped Homeowners

    The North Carolina Attorney General's Office has urged a state business court to find that a Florida real estate company targeted homeowners and tricked them into signing long-term predatory agreements in exchange for small cash advances, saying it is undisputed that the law was broken.

  • March 24, 2025

    Colo. Judge Doubts Iffy Firing Facts Can Get Restaurant A Win

    A Colorado federal judge was skeptical Monday that he, rather than a jury, should be the one to decide whether a seafood restaurant fired a worker because of her nationality or because she drank alcohol before a shift, in a suit brought by the U.S. Equal Employment Opportunity Commission.

  • March 24, 2025

    'Enough Is Enough': Tornado Cash Users Demand Judgment

    Challengers to the Treasury Department's now-dissolved sanctions of crypto mixer Tornado Cash on Monday urged a Texas federal judge to make clear that the designation was unlawful despite the government's claims that the case is moot now that it has removed Tornado Cash from its blocked persons list.

  • March 24, 2025

    HHS To Share Immigration Status Of Migrant Kid Sponsors

    The U.S. Department of Health and Human Services on Monday removed part of a regulation barring it from sharing the immigration status of potential sponsors of unaccompanied children with law enforcement or immigration enforcement agencies.

  • March 24, 2025

    T-Mobile, UScellular Deal Could Cut Service, FCC Warned

    The planned multibillion-dollar tie-up between T-Mobile and UScellular wireless operations could harm consumers by shutting down cell towers in areas that can't be served without government deployment aid, the deal's opponents told the Federal Communications Commission.

  • March 24, 2025

    4th Circ. Halts Removal Of PFAS Suits Against 3M

    The Fourth Circuit agreed on Monday to halt a panel's split decision allowing 3M to remove to federal court lawsuits brought by Maryland and South Carolina alleging environmental contamination from forever chemicals, while it considers their request for rehearing.

  • March 24, 2025

    Justices Asked To Weigh Mississippi Ban On Medical Pot Ads

    The owner of a Mississippi medical marijuana company has asked the U.S. Supreme Court to hear a First Amendment challenge to the state's ban on cannabis advertisements, which was recently upheld by the Fifth Circuit.

  • March 24, 2025

    Judge OKs NIL Recruiting Rules Deal​​​​​​​ Between States, NCAA

    A Tennessee federal judge has signed off on a settlement that resolves antitrust litigation over the NCAA's practice of banning the use of possible name, image and likeness compensation when recruiting athletes.

  • March 24, 2025

    Feds Argue That Medicare Extrapolation Audits Are Valid

    Humana Inc.'s challenge to a federal rule that revamps how Medicare Advantage organizations are audited would send the government "back to where it started more than six years ago," the U.S. Department of Health and Human Services told a federal court Friday.

  • March 24, 2025

    Judge Won't Stop Calif. Offshore Lease Fight For Gov't Redo

    A California federal judge has refused to pause litigation challenging extensions for offshore oil and gas leases in the area of a 2015 pipeline spill, saying she wasn't convinced that the U.S. Department of the Interior would seriously reconsider its decision.

  • March 24, 2025

    Judge Blocks Texas A&M's Drag Show Ban, Cites First Amendment

    A federal judge in Houston on Monday blocked a Texas A&M University System policy banning drag performances on its campuses, writing that a student group's drag performance is a form of theater that could proceed this week as planned.

  • March 24, 2025

    Colo. Justices Say ABA Standards Don't Trump State's Rules

    The Colorado Supreme Court on Monday affirmed disciplinary sanctions against a lawyer who unloaded expletives at school staff in the presence of his minor client, finding in an opinion that the American Bar Association's standards for lawyer sanctions are "an important guiding authority" but don't override Colorado's own rules.

  • March 24, 2025

    Judge Slams Pa. County For 'Sneaky' Climate Suit End Run

    A Pennsylvania state judge seemed skeptical Monday that Bucks County's Big-Tobacco style lawsuit against oil companies should move forward, calling out the county for what he said was its commissioners' attempt to avoid scrutiny by filing the lawsuit without first providing the public adequate notice.

  • March 24, 2025

    Conn. Hospital Lacks Justiciability In $8.3M Fight, State Says

    A Connecticut state court cannot offer any practical relief to a children's hospital that says the Department of Social Services should have paid it an $8.3 million performance-based bonus for 2022, so a lawsuit that seeks only declaratory rulings should be thrown out, the state said Monday.

  • March 24, 2025

    DHS Deporting Immigrants To Arbitrary Countries, Suit Says

    A group of immigrants have filed a proposed class action in Massachusetts federal court challenging the U.S. Department of Homeland Security's purported policy of deporting noncitizens without warning to countries that are neither their country of origin nor a country where they have status or citizenship.

  • March 24, 2025

    Trump Proposes 25% Tariff On Venezuelan Oil Buyers

    President Donald Trump detailed plans Monday on his social media platform to set a 25% tariff on any country purchasing Venezuelan oil, later clarifying in a White House press appearance that those levees would come on top of any existing tariffs.

  • March 24, 2025

    Groups Press DC Judge To Unfreeze EPA Climate Funds

    Three nonprofits awarded billions of dollars under climate change investment initiatives established under the Inflation Reduction Act have asked a federal judge to restore their access to grant funds that they claim the Trump administration has unlawfully blocked.

  • March 24, 2025

    Texas High Court Revives Developer's Floodplain Takings Suit

    The Texas Supreme Court has said a developer can again argue at trial court that Houston's new floodplain system thwarted its planned community and amounted to a regulatory taking, even though the ordinance was a valid exercise of police power.

  • March 24, 2025

    SEC, FINRA Enforcement Heads Say Crypto Still A Focus

    Heads of enforcement at the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority indicated Monday the agencies are keeping their eyes on cryptocurrency, even as the former has backed off of various cases and investigations involving crypto.

Expert Analysis

  • A View Of The Shifting Insurance Regulatory Landscape

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    Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.

  • Trump's Energy Plans: Funding, Permits And Nuclear Power

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    In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • FTC Focus: Avoiding 'Gun Jumping' Violations

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    The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.

  • What Compensation Committees Must Keep In Mind In 2025

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    New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.

  • Likely Doomed CFPB Contract Rule Still Has Industry Pointers

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    While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.

  • Engaging With Feds On Threats To Executives, Employees

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    In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.

  • The Risk And Reward Of Federal Approach To AI Regulation

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    The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.

  • Losing A Motion To Dismiss Ruling Isn't Necessarily The End

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    A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.

  • Anticipating Direction Of Cosmetics Regulation Under Trump

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    It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.

  • Drug Pricing Policy Trends To Expect In 2025 And Beyond

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    Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.

  • Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.

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    President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.

  • IRS Basis-Shifting Rule Poses Notable Reporting Obligations

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    While the IRS’ recently finalized rule requiring partnerships to report certain related-party basis adjustment transactions is narrower than originally proposed, taxpayers and their advisers will still need to comb through myriad transactions to comply, say attorneys at Debevoise.

  • How Cos. Can Prepare Now For SEC E-Filing System Changes

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    The U.S. Securities and Exchange Commission's amendments to the Electronic Data Gathering, Analysis and Retrieval system are designed to improve access to and management of EDGAR accounts, and with the March 24 effective date fast approaching, and the transition requiring significant coordination, companies should begin planning now, say attorneys at Debevoise.

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