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Public Policy
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April 15, 2025
Judge Orders Discovery On Actions In Abrego Garcia Case
A Maryland federal judge ordered two weeks of discovery and depositions of at least four Trump administration officials into whether it's complying with her order to get back a Maryland man sent to a Salvadoran megaprison, saying that the updates she's gotten so far have shown that "nothing has been done."
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April 15, 2025
Calif. Residents Sue Feds Over Tribe's Federal Status, Casino
Three Plymouth, California, residents and a civil rights nonprofit have alleged in a suit that the federal government conspired to approve federal recognition, fee-to-trust and gaming applications for the Ione Band of Miwok Indians, questioning the constitutionality of the trust relationship between the U.S. and Indigenous nations.
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April 15, 2025
NCAA Transfer Player Seeking Extra Season Denied By Judge
A West Virginia federal judge on Tuesday backed the NCAA and the consent decree that overturned the restrictions on athletes transferring schools, denying a temporary restraining order and preliminary injunction for a college basketball player who wants to play one more season next year.
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April 15, 2025
Pot Shop Challenges NY Cannabis Labor Peace Law
A New York cannabis company on Monday launched a federal lawsuit challenging a provision of the state's marijuana legalization law that requires licensed businesses to maintain labor peace agreements with their workers, saying it is preempted by federal law.
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April 15, 2025
UBH Can't Nix Class Status In Coverage Guidelines Suit
United Behavioral Health can't unwind class certification in a lawsuit claiming it unlawfully imposed overly restrictive guidelines for coverage of residential mental health treatments, a California federal judge ruled, saying the group's parameters could be adjusted to meet a recent Ninth Circuit standard.
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April 15, 2025
Judge Blocks DHS From Ending Biden-Era Parole Program
A Massachusetts federal judge temporarily blocked the Trump administration from ending the parole status of nearly half a million immigrants from Cuba, Haiti, Nicaragua and Venezuela, saying the government's early termination of the parole programs was likely arbitrary and capricious.
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April 15, 2025
7 Arrested In France In €3.4M Cross-Border VAT Fraud Case
The European Public Prosecutor's Office arrested seven people suspected of carrying out a value-added tax fraud scheme involving what it called valuable vehicles that resulted in at least €3.4 million ($3.8 million) in tax losses, the EPPO said Tuesday.
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April 15, 2025
Submarine Cable Rules Need To Follow NIST, Feds Told
Companies that use undersea cables should have flexibility in how they develop their individual cybersecurity plans — as long as those plans comply with the framework laid out by the government's National Institute of Standards and Technology, a trade group is telling the Federal Communications Commission.
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April 15, 2025
Judge Vacates CFPB's Credit Card Late Fee Rule
A Texas federal judge on Tuesday vacated the Consumer Financial Protection Bureau's $8 credit card late fee rule after the agency reached a deal with the U.S. Chamber of Commerce and other trade groups to settle their litigation over the agency's Biden-era rule.
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April 15, 2025
Mich. Tribunal Rejects Hotel's Challenge To $10M Valuation
A hotel owned by a Hilton franchisee was valued at $10 million by the Michigan Tax Tribunal, agreeing with a local assessor and reducing a previous valuation by $2.2 million but rejecting a further reduction sought by the owner.
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April 15, 2025
Trump Wants Tariffs Suit In Court Of International Trade
The Trump administration asked Tuesday to transfer a lawsuit challenging tariffs on Chinese imports from a Florida federal court to the U.S. Court of International Trade, arguing that the trade court has exclusive jurisdiction over the dispute.
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April 15, 2025
NJ Judge Unsure Of Law Prof's Bid To Revive Free Speech Suit
A New Jersey federal judge seemed unconvinced by a law professor's argument that he should reconsider dismissing her lawsuit alleging Kean University violated her free speech, noting during oral arguments Tuesday that he'd already tossed the case twice.
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April 15, 2025
Entergy Can't Fight FERC Market Rule Change, DC Circ. Says
The D.C. Circuit on Tuesday said Entergy lacks standing to challenge the Federal Energy Regulatory Commission's rejection of a regional grid operator's change to its capacity market rules after the agency concluded the change would give Entergy too much market power.
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April 15, 2025
Colorado Judge Tosses Counties' Suit Over $25M Tax Transfer
A Colorado state judge has dismissed a lawsuit brought by seven counties challenging the transfer of $25 million from a state fund aimed at offsetting the impacts of extractive industries, finding in an order that the state Legislature had full authority to move the dollars.
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April 15, 2025
Trump's Tariff Reprieves Buy Lawyers Time To Strategize
President Donald Trump's expanded tariff exclusion for electronic goods from China and the pause on higher rates for all countries except China gives lawyers an opportunity to seek mitigation solutions for importers, but the moves do little to create long-term business certainty.
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April 15, 2025
Law Students Say EEOC Overreached With DEI Info Demands
A trio of law students sued the U.S. Equal Employment Opportunity Commission in D.C. federal court Tuesday, claiming the agency "grossly overstepped" by demanding workplace diversity information, including personal details about applicants and workers, from prominent law firms.
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April 15, 2025
NJ Judicial Privacy Law Is Unconstitutional, 3rd Circ. Told
A group of data brokers told the Third Circuit that the New Jersey judicial privacy measure, Daniel's Law, is facially unconstitutional and that a federal district judge effectively "rewrote" it when he found otherwise.
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April 15, 2025
DC Maintains, Expands Tax Exemptions For NBA, NHL Arena
The District of Columbia maintained and expanded tax breaks for the property and airspace of Capital One Arena, home to the NBA's Washington Wizards and NHL's Washington Capitals, as part of legislation that became law, according to a notice published in the district's register.
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April 15, 2025
DOL Blocked From Forcing Contractors To Swear Off DEI
The U.S. Department of Labor cannot force federal funding recipients to certify that they don't operate programs that violate recent executive orders targeting diversity, equity and inclusion initiatives, an Illinois federal judge held, saying President Donald Trump's directive likely violates the First Amendment.
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April 15, 2025
MIT Bros. Cite DOJ Memo In Bid To Get $25M Crypto Case Axed
Two Massachusetts Institute of Technology-educated brothers accused of stealing $25 million worth of cryptocurrency cited a U.S. Department of Justice memo instructing prosecutors to pull back from novel cases involving digital assets as they urged a New York federal judge to dismiss the charges.
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April 15, 2025
Pot Farm, Michigan Town Say No RICO Case In Couple's Suit
Newfield Township, Michigan, and a cannabis company permitted to operate in the town are urging a federal judge to deny an injunction requested by a Newfield couple aimed at shutting down the company's farm, saying the couple have failed to show evidence of racketeering or that they face current or imminent harm.
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April 15, 2025
DC Circ. Zaps FERC Fight Over Grain Belt Express Line
A D.C. Circuit panel on Monday said Illinois landowners, farmers and residents fighting the $7 billion Grain Belt Express high-voltage transmission project lack standing to challenge a Federal Energy Regulatory Commission order that amended its negotiated rate authority.
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April 15, 2025
Judge Upholds Jury Verdict Against Project Veritas
A D.C. federal judge upheld a $120,000 jury verdict against Project Veritas for its sting operation on the liberal consulting firm Democracy Partners, ruling that the conservative activist group's activities are not protected by heightened First Amendment standards because the case involved non-expressive conduct, not speech content.
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April 15, 2025
Honigman Hires FCPA Expert, 21-Year Miller & Chevalier Vet
As evolving U.S. trade policy continues to create global economic uncertainty, Honigman LLP is the latest firm in recent months to announce the hiring of an attorney with a background in international trade.
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April 15, 2025
EU Still Open To Zero-Tariff US Deal, Trade Chief Says
The European Union remains open to a trade deal with the United States to reach zero tariffs on all goods between the country and the trade bloc, the EU trade commissioner said.
Expert Analysis
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Opinion
Upholding Tribal Sovereignty Benefits US And Indian Country
The Trump administration's broad moves to end diversity, equity and inclusion programs are negatively affecting many tribal programs, but supporting tribal sovereignty would serve the federal government's deregulatory goals and ensure that tribes have the resources they need, says Ellen Grover at BB&K.
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Constitutional Foundations Of Gov't-Guaranteed Investments
For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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How 2025 Is Shaping The Future Of Bank Mergers So Far
Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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What's Old And New In The CFTC's Self-Reporting Advisory
Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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How Trump's Crypto Embrace Is Spurring Enforcement Reset
The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.
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After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands
The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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What Trump's Order Means For The Legal Status Of IVF
An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.
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During Financial Regulatory Uncertainty, Slow Down And Wait
Amid the upheaval at the Consumer Financial Protection Bureau and the slowdown in activity at the prudential agencies, banks must exercise patience before adopting strategic and tactical plans, as well as closely monitor legal and regulatory developments concerning all the federal financial regulators, say attorneys at Dorsey.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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Opinion
It's Time To Fix The SEC's Pay-To-Play Rule
Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.