Public Policy

  • January 02, 2025

    Tempur Sealy Ups Floor Space Promise In FTC Merger Case

    Tempur Sealy is increasing its commitments to preserve floor space for rivals' mattresses in Mattress Firm stores, attempting to beat the Federal Trade Commission's merger challenge by extending the current floor space "slot" distribution after a Texas federal judge noted that prior commitments were below current allotments.

  • January 02, 2025

    Reps. Titus, Omar To Co-Chair Congressional Cannabis Caucus

    Democratic Reps. Dina Titus and Ilhan Omar announced Thursday that they have been appointed to co-chair the Congressional Cannabis Caucus, succeeding Reps. Earl Blumenauer and Barbara Lee, who are retiring at the end of the week.

  • January 02, 2025

    Biden Lauds Bipartisanship In Confirming Record No. Of Judges

    With less than three weeks left in office, President Joe Biden on Thursday celebrated putting 235 lifetime judges on the federal bench.

  • January 02, 2025

    Eli Lilly Slams Suit Alleging Shortage Of Weight-Loss Drug

    Eli Lilly is seeking permission to join a legal fight over whether compounding pharmacies can keep making copycat versions of the company's lucrative weight-loss and diabetes drug, telling a federal court Wednesday that its interests aren't adequately represented by federal regulators.

  • January 02, 2025

    Republicans Want Yellen To Answer For Chinese Cyberattack

    Congressional Republicans want U.S. Treasury Secretary Janet Yellen to explain how a Chinese state-sponsored entity hacked into Treasury's computer systems and accessed potentially sensitive information.

  • January 02, 2025

    Conn. High Court Slams Insurer's 'Conflicting' Policy Letters

    An insurance company violated basic contract law by mailing four "conflicting" letters to a roofing contractor purporting to end worker's compensation coverage while also explaining how to keep it, Connecticut's highest court has ruled.

  • January 02, 2025

    Feds Ask High Court To Unpause Corporate Transparency Law

    The federal government is asking the U.S. Supreme Court to lift a Texas judge's injunction against the Corporate Transparency Act, telling the justices in a new application that the 2021 anti-money laundering law's compliance deadlines should take effect while the Fifth Circuit hears the full case.

  • January 02, 2025

    Mich. Justices Say Detroit Fire Fee Is Legal, Not A Tax

    The Michigan Supreme Court has ruled a Detroit fee for a fire service program was not an unlawful tax but clarified that a regulatory program's main benefit cannot be the mere permission for a property owner to operate its business in the city.

  • January 02, 2025

    Colo. AG Launches 2026 Bid For Governor

    Colorado Attorney General Philip J. Weiser, a former law school dean who served in the U.S. Department of Justice's Antitrust Division, on Thursday announced his bid to become the state's next governor in 2026.

  • January 02, 2025

    US Sanctions Russia, Iran Over Attempted Election Interference

    The Biden administration has hit Russian and Iranian military and intelligence groups with a fresh round of penalties for their attempts to spread disinformation and stoke political tensions during the 2024 general election.

  • January 02, 2025

    Ex-Defender Asks 4th Circ. To Force Back Harvard Profs, Attys

    A former assistant public defender in North Carolina who lost her case accusing the judiciary of violating her equal protection and due process rights has doubled down on an attempt to reinstate her legal team of Harvard Law School professors and litigators who abruptly abandoned the case just before trial.

  • January 02, 2025

    Feds Ink $1B Supply Deal With Constellation Nuke Plants

    The U.S. General Services Administration said Thursday it has cut the largest energy procurement deal in its history after purchasing 10 million megawatt-hours of electricity from Baltimore-based Constellation New Energy Inc. in combined energy contracts totaling more than $1 billion.

  • January 02, 2025

    Dartmouth Men's Basketball Players End Unionization Push

    The men's basketball players behind a union push at Dartmouth College have ended that effort amid uncertainty over whether a Republican-led labor board would uphold the landmark decision that let them vote to unionize.

  • January 02, 2025

    Mich. Judge Revives U-Visa Seekers' Suit Over Delays

    Courts can't compel U.S. Citizenship and Immigration Services to issue work authorizations, but can consider the reasonableness of its processing delays, a Michigan federal judge said Thursday, reversing her dismissal of a proposed class action brought by U-visa petitioners.

  • January 02, 2025

    IRS, Treasury Float Regs On Excise Taxes For Drugmakers

    The IRS and Treasury proposed rules for charging excise taxes to drugmakers that refuse to negotiate drug prices with Medicare under requirements of the 2022 tax and climate law, saying the tax only would apply to manufacturers and importers that initially sell the drugs.

  • January 02, 2025

    Hoboken Pot Dispensary Was Rightly Approved, Panel Finds

    A New Jersey appeals panel has given its approval to a Hoboken marijuana dispensary, saying the trial court was wrong to block it from operating based on an ordinance passed after it submitted a conditional use application for its location.

  • January 02, 2025

    Feds Want 6 Years For Ex-FBI Informant Who Smeared Bidens

    Prosecutors told a California federal judge that a former FBI informant who falsely told agents that a Ukrainian energy company had paid off President Joe Biden and his son Hunter should be sentenced to six years in prison, saying he betrayed the United States by trying to influence the 2020 election even after being granted citizenship.

  • January 02, 2025

    Trump Transition Underway At Key Environmental Agencies

    President-elect Donald Trump's landing team — tasked with aiding the upcoming transition in the White House — is busy gathering information to set the new administration on course to implement its priorities on day one.

  • January 02, 2025

    How Jimmy Carter Transformed The Federal Bench

    Former President Jimmy Carter, who died Sunday, presided over the country's largest judicial expansion, an opportunity he seized to fill seats on the federal bench with more women and people of color than ever before.

  • January 02, 2025

    6th Circ. Overturns FCC Net Neutrality Rules

    The Sixth Circuit upended the Federal Communications Commission's net neutrality rules Thursday, holding that commercial broadband providers cannot be regulated as telecommunications common carriers.

  • January 01, 2025

    US International Tax Issues to Watch In 2025

    As President-elect Donald Trump and Republicans take control of the U.S. government in 2025, policymakers are expected to address changing international provisions in the Internal Revenue Code and reevaluate the country's role in global tax talks. Here, Law360 examines key U.S. international tax policy issues to watch in the new year.

  • January 01, 2025

    5 Big Questions For White Collar Enforcement In 2025

    White-collar lawyers are bracing for potentially seismic shifts in government enforcement as President-elect Donald Trump returns to the White House with a sweeping new set of priorities and a squadron of tech gurus and political allies to carry them out.

  • January 01, 2025

    The Top 5 High Court Cases To Watch This Spring

    The U.S. Supreme Court justices will return from the winter holidays to tackle major First Amendment questions and several administrative law disputes — all arising from the Fifth Circuit — that could further change how federal agencies promulgate rules and defend them.

  • January 01, 2025

    Trump Begins 2nd Term With At Least 45 Judge Seats To Fill

    Incoming President Donald Trump will take office Jan. 20 with 45 seats on the federal bench to fill. Currently, there are 39 empty seats on U.S. district and circuit courts and 6 pending vacancies due to announced retirements and plans to take senior status, three of which opened on Dec. 31 and another that opened Jan. 2.

  • January 01, 2025

    The Top Sports & Betting Cases To Keep An Eye On In 2025

    The name, image and likeness class action the NCAA settled in 2024 for $2.78 billion was a long time coming and packs a punch that will be felt for years to come. It overshadowed other ongoing, status quo-rocking litigation involving the NFL, NBA, MLB and more. Here, Law360 looks at the top sports and betting cases the legal world will be watching in 2025.

Expert Analysis

  • The Future Of GLP-1 Policy After Drug Shortage Ends

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    If and when the U.S. Food and Drug Administration determines that GLP-1 RA drugs are no longer in short supply, regulators will face questions of how to balance access to GLP-1 RAs with statutory and policy considerations applicable to compounded drugs, say attorneys at Skadden.

  • Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing

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    The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.

  • Del. Dispatch: The 2024 Corporate Cases You Need To Know

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    The Delaware Court of Chancery in 2024 issued several decisions that some viewed as upending long-standing corporate practices, leading to the amendment of the Delaware General Corporation Law and debates at some Delaware corporations about potentially reincorporating to another state, say attorneys at Fried Frank.

  • 2024 Regulatory Developments For Bank-Fintech Partnerships

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    Joseph Silvia at Duane Morris reviews a handful of particularly noteworthy 2024 updates regarding bank-fintech partnerships, including federal banking agencies issuing a number of important pieces of guidance that reiterate and update previous guidance in the area of third-party risk management.

  • 2025's Midmarket M&A Terrain May Hold A Few Bright Spots

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    Attorneys at Stoel Rives assess middle-market merger and acquisition trends, and explain why many dealmakers have turned cautiously optimistic about the sector's 2025 prospects, despite potential inflation and new Federal Trade Commission rules.

  • Top 10 Whistleblowing And Retaliation Events Of 2024

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    From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.

  • The Implications Of 2024's AI Rules And Regs For Patent Attys

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    Christina Huang, John Smith and Devin Stein at Faegre Drinker review this year's new rules and regulations on the development and use of artificial intelligence — from the Biden administration, the U.S. Patent and Trademark Office, the American Bar Association and various states — as they apply to patent attorneys.

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • How Texas Bill Would Transform Noneconomic Damages

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    Large noneconomic damage awards in personal injury cases have grown exponentially in Texas in recent years, but newly introduced legislation would cap such damages, likely requiring both the plaintiff and defense bars to recalibrate their litigation strategies, say attorneys at Norton Rose.

  • Changes To Expect From SEC Under Trump Nominee

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    President-elect Donald Trump's nomination of Paul Atkins for U.S. Securities and Exchange Commission chair will likely lead to significant shifts in the Division of Enforcement's priorities, likely focused on protecting retail investors and the stability of the capital markets, say attorneys at Morrison Foerster.

  • Executive Orders That Could Affect Financial Services In 2025

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    The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.

  • The State Of USPTO Rulemaking At The End Of Vidal's Term

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    As U.S. Patent and Trademark Office director, Kathi Vidal placed a particular emphasis on formal rulemaking — so as she returns to private practice this week, attorneys at Irell take stock of which of her proposals made it across the finish line, and where the rest stand on the cusp of a new administration.

  • How New Merger Filing Rules Will Affect Economic Advocacy

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    New rules from the antitrust agencies significantly change the Hart-Scott-Rodino premerger notification process and will necessitate rigorous economic analysis earlier in the merging process as the information provided in the filings reflects important antitrust considerations, says Andrea Asoni at Charles River.

  • What Loper Bright And Trump 2.0 Mean For New Transpo Tech

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    The U.S. Supreme Court's recent ruling in Loper Bright Enterprises v. Raimondo, combined with the incoming Trump administration's deregulatory agenda, will likely lead to fewer new regulations on emerging transportation technologies like autonomous vehicles — and more careful and protracted drafting of any regulations that are produced, say attorneys at Venable.

  • 'Minimal Participant' Bar Is Tough To Clear For Whistleblowers

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    Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.

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