Public Policy

  • April 22, 2025

    CFTC Wants Input On 24/7 Trading, Perpetual Contracts

    The U.S. Commodity Futures Trading Commission is asking the public for feedback on how it should address the availability of 24-hour trading as well as so-called perpetual derivatives that are sometimes used to speculate on the price of cryptocurrencies.

  • April 22, 2025

    Trump Admin Fights Groups' Bid To Stop Library Agency Cuts

    The Constitution vests President Donald Trump with the authority to reduce the size of the agency that disburses grants to U.S. libraries, the Trump administration told a Washington, D.C., federal judge, opposing two groups' attempt to reverse recent cuts to the Institute of Museum and Library Services.

  • April 22, 2025

    Panel Unsure If Suspension For Off-Campus Arrest Holds Up

    A Washington appellate court panel on Tuesday asked if Washington State University had the authority to suspend a student charged with conspiracy to riot at an off-campus Pride parade, with one judge questioning if an anonymous tip was too speculative to launch a student conduct probe.

  • April 22, 2025

    Kalshi, Crypto.com Fight Md. Regulator On Sports Contracts

    Trading platform KalshiEx LLC and the derivatives platform owned by Crypto.com have each sued Maryland gaming regulators for allegedly preempting federal authority with directives to shut down sports event contracts the agency contends are unregistered wagers.

  • April 22, 2025

    Insurer Says No Coverage For $668K Housing Funds Dispute

    An insurer says it owes no coverage to a low-income housing nonprofit in an underlying dispute involving a Washington county that seeks to claw back nearly $668,000 that was allegedly paid out to ineligible recipients.

  • April 22, 2025

    Michigan Panel Remands Pot Cos.' Secret Meetings Suit

    A suit challenging a Michigan city's cannabis licensing program should get a new airing at trial court, a state appellate court ruled Monday, saying the lower court erred by finding that the cannabis selection committee was not a "public body" subject to the state's Open Meetings Act.

  • April 22, 2025

    DOJ Says Google Ad Tech Win Supports Apple Antitrust Case

    The U.S. Department of Justice told a New Jersey federal court its recent win against Google in the ad tech monopolization case supports allowing claims that Apple monopolizes smartphone markets to proceed.

  • April 22, 2025

    Judge Urged To Return Asylum Applicant Sent To El Salvador

    Lawyers representing a class of young asylum-seekers told a Baltimore federal judge Tuesday that the federal government wrongly deported a 20-year-old Venezuelan asylum applicant to an El Salvador prison, arguing the Trump administration should be ordered to facilitate his return, just as it was in Kilmar Abrego Garcia's high-profile case.

  • April 22, 2025

    Phillips Steps Down As FERC Commissioner

    Federal Energy Regulatory Commission Commissioner Willie Phillips stepped down from his role on Tuesday, paving the way for President Donald Trump to install a Republican majority at the five-member agency.

  • April 22, 2025

    Calif. Judge In Migrant Kids' Funding Suit Keeps Aid Flowing

    A California federal judge denied Monday the Trump administration's request to dissolve a temporary restraining order blocking the government from cutting off migrant legal services programs for unaccompanied minors, rejecting the government's arguments that the stay runs afoul of a recent U.S. Supreme Court ruling.

  • April 22, 2025

    Montana Farmers Union Asks To Join Tribe's Anti-Tariff Suit

    The Montana Farmers Union wants to be included in a suit filed by members of the Blackfeet Nation challenging President Trump's tariffs on imports from Canada and abroad, arguing that the duties under scrutiny hurt the state's farmers the same way they hurt tribal members.

  • April 22, 2025

    Ark. Offers Credit For 50% Of New Payroll For HQ Relocations

    Arkansas created an income tax credit for businesses that relocate their corporate headquarters to the state equal to up to 50% of their payroll for qualifying employees under a bill signed by Gov. Sarah Huckabee Sanders.

  • April 22, 2025

    FCC Clears Remaining Roadblocks For Smart Car Tech

    There won't be any more need for waivers of technical rules to kickstart smart car technology in the 5.9 gigahertz spectrum band now that recent regulations have paved the way for the advancement, the Federal Communications Commission said.

  • April 22, 2025

    Jay Clayton Sworn In As Interim US Atty For SDNY

    Jay Clayton, President Donald Trump's pick to lead the U.S. Attorney's Office for the Southern District of New York, was sworn in Tuesday as the top federal prosecutor in Manhattan on an interim basis while he awaits confirmation from the Senate.

  • April 22, 2025

    Hogan Lovells Adds Ex-HHS Atty To Health Practice

    Hogan Lovells on Tuesday announced the arrival of a former U.S. Department of Health and Human Services attorney to the firm's global regulatory and intellectual property practice group.

  • April 22, 2025

    Brownstein Leads As BigLaw Sees Rise In Lobbying Revenue

    After seeing a record 2024, several BigLaw federal lobbying practices reported a strong financial start to this year as they helped clients navigate the deluge of actions from the new Trump administration, according to figures shared by firms this week.

  • April 22, 2025

    Cut Satellite Launch Costs, Loosen Limits, FCC Told

    Internet satellite company Astranis wants the Federal Communications Commission to spur more space innovation by cutting the expense of satellite launches and eliminating restrictions that delay U.S. companies' ability to obtain orbital slots.

  • April 22, 2025

    In Trump Standoff, Harvard Has Law And Money On Its Side

    With strong free-speech arguments and plenty of cash at its disposal, Harvard University appears better positioned than most Trump administration foes to win a high-stakes and closely watched showdown over threats to cut off funding, experts told Law360.

  • April 22, 2025

    Colo. Judge Extends Halt On Removal Of Venezuelan Migrants

    A Colorado federal judge on Tuesday lengthened her temporary bar on the removal of Venezuelan migrants who are or will be detained in the state under a 1798 wartime law, writing in an order that her court "must follow suit" after high court justices issued a stay in a Texas case.

  • April 22, 2025

    NYT Again Beats Palin's Defamation Claims After Retrial

    A Manhattan federal jury on Tuesday rejected Sarah Palin's libel claims against the New York Times over a 2017 editorial linking her to political violence, finding the paper and its former opinion editor not liable for an error that was promptly corrected.

  • April 22, 2025

    NC Justice Fights GOP Challenger's 'Dangerous' Vote Fight

    North Carolina Supreme Court Justice Allison Riggs urged a federal judge to dismiss the federal election law challenge brought by the Republican candidate she ran against for her seat, arguing it is "dangerous" to allow unsuccessful candidates to challenge election laws only after they have already lost.

  • April 22, 2025

    Dems Not Satisfied With BigLaw Answers On Trump Deals

    Top Democrats investigating the Trump administration's deals with major law firms are not satisfied with the initial responses they've received even though the firms say nothing about their work or philosophy has changed. 

  • April 22, 2025

    Anticipating NIL Deal, NCAA Changes Athlete Pay Rules

    The NCAA has officially adopted policy changes that will allow college athletes to be paid, to go into effect when the $2.78 billion antitrust settlement between schools and athletes receives final court approval.

  • April 22, 2025

    Vance Says US, India Finalized Guidelines For Trade Talks

    Indian Prime Minister Narendra Modi and U.S. Vice President JD Vance have finalized the terms of reference for trade negotiations aimed at doubling bilateral trade by 2030, Vance said Tuesday.

  • April 22, 2025

    Hemp Group Drops DEA From Suit Over Police Raid, Arrest

    A hemp trade group and the owner of a smoke shop are dropping claims against the U.S. government and U.S. Drug Enforcement Administration from a suit alleging law enforcement wrongfully raided the shop.

Expert Analysis

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • How Del. Supreme Court, Legislature Have Clarified 'Control'

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    The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.

  • 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.

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