Public Policy

  • April 08, 2025

    Plastics Group Loses Challenge To Calif.'s Pollution Subpoena

    A D.C. federal judge won't stop the California attorney general from enforcing a subpoena on a plastics industry group as part of an investigation into global plastics pollution, finalizing an earlier determination that his court lacks jurisdiction.

  • April 08, 2025

    Ore. House OKs Tax Court Standing For Associations

    Associations, chambers and other organizations in Oregon could seek relief in the state tax court on behalf of their aggrieved members under legislation approved unanimously by the state House of Representatives.

  • April 08, 2025

    Justices Halt Order To Reinstate Federal Workers

    The U.S. Supreme Court on Tuesday hit pause on a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, agreeing with the Trump administration that the nonprofit groups that obtained the order lack standing to challenge the firings. 

  • April 07, 2025

    Split 5th Circ. Undoes Injunction On Texas Strip Club Fee Law

    The Fifth Circuit on Monday reversed an injunction barring the Texas comptroller from enforcing a state law imposing fees on strip clubs that allow on-site alcohol consumption, saying in a split unpublished opinion that a Houston club challenging the law was bound by a 2011 decision that upheld the law.

  • April 07, 2025

    1st Circ. Won't Pause Block Of Unrelated Country Deportation

    The First Circuit on Monday declined to stay a Massachusetts federal judge's order blocking the Trump administration from removing immigrants to countries where they have no prior ties without first providing them with notice of where they are being sent and a "meaningful" opportunity to raise any safety concerns.

  • April 07, 2025

    CMS' Nursing Home Staffing Requirements Struck Down

    A Texas federal judge on Monday struck down new staffing standards for nursing homes participating in Medicare or Medicaid, ruling that federal health officials overstepped their authority by establishing a one-size-fits-all requirement.

  • April 07, 2025

    Policy Group Tells 4th Circ. Drug Discount Law Needs Reform

    The Fourth Circuit on Monday allowed a Boston-based think tank to file an amicus brief supporting a district court's injunction against a West Virginia law that pharmaceutical companies and lobbyists claim unconstitutionally expands a federal drug discount program.

  • April 07, 2025

    NJ Panel Upholds Nix Of Police Unions' Retroactive Pay Suit

    Two New Jersey police unions couldn't convince a state appeals court that Atlantic City and the state owed retroactive raises to officers, an appellate panel ruled Monday, finding a law focused on assisting municipalities with financial troubles supplants agreements about wage increases and promotions.

  • April 07, 2025

    FCC Agrees To Bankers' Request To Delay Call Consent Rule

    The Federal Communications Commission agreed Monday to delay for a year a new rule expanding the scope of call consent revocation, after banking groups said they need more time to comply.

  • April 07, 2025

    Mont. State Senator, Farmer Challenge Canadian Tariff Orders

    A Montana state senator and a Blackfeet Nation farmer are asking a federal court to block several Trump administration executive orders and proclamations that impose tariffs on Canadian goods and declare an energy emergency, arguing that the decisions are an unconstitutional attempt to regulate commerce while violating their treaty rights.

  • April 07, 2025

    Homeland Secretary Waives Fed Laws For Calif. Border Wall

    Homeland Security Secretary Kristi Noem has issued a federal notice that she is waiving a slew of environmental and historical preservation laws to facilitate the construction of a barrier wall and roads in the San Diego area, citing illegal border crossings and drug trafficking.

  • April 07, 2025

    Attys Say Feds Violating Order By Deporting Migrant Kids

    Attorneys challenging cuts to federal funding for groups providing legal representation to unaccompanied immigrant children told a California federal judge Monday that the government is violating the court's injunction by deporting children without representation, while the government says a new U.S. Supreme Court ruling "severely undermines" the court's jurisdiction.

  • April 07, 2025

    No Basis To Revive Leasing Withdrawals Ruling, Trump Says

    The Trump administration urged an Alaska federal judge not to reinstate a decision barring it from undoing former President Barack Obama's withdrawal of offshore waters from oil and gas leasing, while it fights to revoke additional Biden administration removals.

  • April 07, 2025

    Wage Access Co. Says NY AG Threatened Suit, Seeks Relief

    Earned-wage access provider DailyPay sued Letitia James on Monday seeking a declaratory judgment that its payments do not constitute loans under New York law or violate federal and state laws, alleging the state attorney general has effectively declared all such products illegal.

  • April 07, 2025

    T-Mobile Says 5G Rural Fund Could Be Unnecessary

    T-Mobile thinks a federal program to patch holes in rural 5G service using an auction fund could end up wasting money by getting off the ground too soon, and has urged the Federal Communications Commission to put the whole idea on ice.

  • April 07, 2025

    USPTO Gets New Acting General Counsel, Policy Officer

    The personnel shuffle at the U.S. Patent and Trademark Office continues, with familiar faces at the agency temporarily taking over the general counsel and chief policy officer roles.

  • April 07, 2025

    OMB Issues Guidance On Agency Use, Purchasing Of AI

    The Office of Management and Budget issued a pair of memorandums last week that replaced the Biden administration's safeguards on the federal acquisition of artificial intelligence with a policy aimed at accelerating federal agencies' use and procurement of artificial intelligence.

  • April 07, 2025

    Agri Stats Pushes Back Against DOJ Doc Bid In Antitrust Case

    Agri Stats Inc. has told a Minnesota federal court that a U.S. Department of Justice motion seeking documents is just an effort to delay the government's case accusing the data firm of helping chicken, pork and turkey producers share competitively sensitive information.

  • April 07, 2025

    Drug Buyers, Generics Cos. Fight Over Bellwether Litigation

    Generic drug buyers vied Friday with the pharmaceutical companies they've accused of price-fixing over how to shape the first rounds of long-gestating Pennsylvania federal court litigation that the plaintiffs want heard in separate consecutive trials and that the drugmakers want combined.

  • April 07, 2025

    Justices Remove Bar On Venezuelan Removals

    The U.S. Supreme Court on Monday ruled the Trump administration can move forward with its removal of alleged Venezuelan gang members from the United States under the Alien Enemies Act, vacating a D.C. federal judge's order that had temporarily blocked President Donald Trump's invocation of the 1798 wartime law.

  • April 07, 2025

    Ex-Exec Says Pot Tracking Co. Fired Him For Whistleblowing

    A former executive at Metrc, the company that provides product tracking services for a majority of U.S. regulated cannabis markets, has alleged in a new federal lawsuit that he was fired for speaking out about the company's business practices.

  • April 07, 2025

    ACLU, Others Slam Bid To 'Magic Eraser' CFPB Redlining Deal

    A slew of public interest groups mobilized Friday against the Trump administration's bid to recant a recently settled Consumer Financial Protection Bureau redlining case, telling an Illinois federal judge that the move is about politics, not fairness, and should be denied.

  • April 07, 2025

    GOP Lawmaker Floats Bill To Block PWFA Abortion Rules

    A Republican representative introduced legislation that aims to block U.S. Equal Employment Opportunity Commission regulations that would require employers to accommodate workers' abortions under the Pregnant Workers Fairness Act.

  • April 07, 2025

    Kroger Says State AGs' Strategy Dooms Merger Row Fees Bid

    Kroger and Albertsons have urged an Oregon federal judge not to grant legal fees to the attorneys general who challenged their now-nixed $24.6 billion merger alongside the Federal Trade Commission, arguing U.S. Supreme Court precedent clearly requires more than a temporary court block to win costs.

  • April 07, 2025

    Trump Threatens Triple-Digit Tariff Rates If China Retaliates

    President Donald Trump on Monday threatened an additional 50% tariff on Chinese imports entering the U.S., which would drive the total rate above 100%, if Beijing follows through on the retaliatory tariffs announced last week in response to Trump's reciprocal plan.

Expert Analysis

  • Service By Token Is Transforming Crypto Litigation Landscape

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    As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.

  • What To Expect For Stem Cell Regulation Under Trump Admin

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    The new administration's push for deregulation, plus the post-Chevron legal landscape, and momentum from key political and industry players to facilitate stem cell innovation may create an opportune backdrop for a significant reduction in the U.S. Food and Drug Administration's regulatory framework for stem cells, say attorneys at Sheppard Mullin.

  • Rebuttal

    6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • Executive Orders Paving Way For New Era Of Crypto Banking

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    Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.

  • Opinion

    After Fires, Calif. Must Streamline Enviro Reviews For Housing

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    Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.

  • How Calif. Algorithmic Pricing Bills Could Affect Consumers

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    California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.

  • Jurisdiction Argument In USAID Dissent Is Up For Debate

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    A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.

  • How Importers Can Minimize FCA Risks Of Tariff Mitigation

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    False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.

  • Explaining CFPB's Legal Duties Under The Dodd-Frank Act

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    While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.

  • State Securities Enforcers May Fill A Federal Enforcement Gap

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    The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • 10 Practical Takeaways From FDA's Biopharma AI Guidance

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    Recent guidance from the U.S. Food and Drug Administration provides much-needed insight on the usage of artificial intelligence in producing information to support regulatory decision-making regarding drug safety, with implications ranging from life cycle maintenance to AI tool acquisition, say attorneys at Covington.

  • Making The Opportunity Zones Program Great At Last

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    As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.

  • What Rodney Hood's OCC Stint Could Mean For Banking

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    Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

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