Public Policy

  • April 23, 2025

    CEOs Urge SEC To Ban Political Activists' Proxy Proposals

    The Business Roundtable on Wednesday urged the U.S. Securities and Exchange Commission and Congress to quickly reform the shareholder proposal process for public companies, including by banning activists' proposals relating to environmental, social and political issues, saying proxy statements have become "battlegrounds for political debates."

  • April 23, 2025

    Fla. AG Tells Cops TRO Blocking Migrant Law Is Unlawful

    Florida's Attorney General on Wednesday informed law enforcement agencies of a federal judge's extension of a temporary restraining order blocking enforcement of a law criminalizing the entry of unauthorized migrants but told them he could not stop them from enforcing the law because "no lawful, legitimate order" prevents them from doing so.

  • April 23, 2025

    Judge's Same-Sex Wedding Ban Legal In Texas, Justices Hear

    A Texas appeals panel balked at a state judge's argument that refusing to officiate same-sex marriages keeps with Texas law during oral arguments Wednesday, saying the discussion had gotten "far afield" of the issues before the court.

  • April 23, 2025

    Trump Admin Gives States More Time To Finalize BEAD Plans

    The U.S. Department of Commerce branch in charge of disbursing $42.5 billion in broadband deployment aid gave states an extra 90 days to finalize their plans due to federal changes underway that could impact how states spend the money.

  • April 23, 2025

    Fed. Circ. Won't Revive Minority Farmer COVID Debt Relief Suit

    The Federal Circuit declined to revive claims by socially disadvantaged farmers who said the government owes them millions of dollars after repealing a coronavirus pandemic-era debt relief program, ruling Tuesday the farmers failed to show the government had a mutual intent to enter a binding contract.

  • April 23, 2025

    After Sanction Bid, Savannah Aims To Toss Cop Shooting Suit

    Months after seeking sanctions against the attorneys representing the family of a Georgia man killed by police, the city of Savannah asked a federal judge Tuesday to toss the family's civil rights lawsuit and "refrain from second guessing" an officer's decision to shoot the man after he allegedly flashed a gun.

  • April 23, 2025

    Senate Panel To Vote On Trump FCC Nominee Next Week

    The Senate Commerce Committee plans to vote on the nomination of Olivia Trusty to the Federal Communications Commission on April 30.

  • April 23, 2025

    DC Judges Doubt Feds' Rationale For Orders Against Firms

    Two D.C. federal judges on Wednesday expressed skepticism toward the Trump administration's justifications for targeting WilmerHale and Perkins Coie LLP with executive orders, with one judge invoking a comparison to the Red Scare.

  • April 23, 2025

    Denver Water Says Dam Work Won't Hurt Environment

    The utility Denver Water urged the Tenth Circuit to lift part of a Colorado district court's ruling that stopped construction of a new dam, arguing that allowing construction to go forward won't impact environmental issues that environmental groups are actually concerned about.

  • April 23, 2025

    10th Circ. Says Lower Court Erred On Pollution Coverage

    A Tenth Circuit panel determined Wednesday that absolute pollution exclusions in insurance policies unambiguously prevented a New Mexico property owner from obtaining coverage for underlying contamination litigation, reversing a decision by a district court and saying that court erred "in all key respects."

  • April 23, 2025

    FINRA Acts On Entrex Application After SEC Gets Complaint

    The Financial Industry Regulatory Authority has approved Entrex Carbon Market Inc.'s requests for a name change and approval of stock splits, shareholders of the carbon offset trading platform have said, although they indicated they will proceed pursuing structural reforms at the self-regulating watchdog of brokers.

  • April 23, 2025

    Trump, OPM Say Unions Are 'Bystanders' In Schedule F Row

    A D.C. federal judge must not disturb President Donald Trump's executive order aimed at making it easier to fire career federal employees, the government argued in a motion to dismiss, saying two unions that brought the challenge lack standing and their allegations are unripe for the court.

  • April 23, 2025

    NC Justice Hammers Home Depot's Reading Of Sales Law

    A North Carolina Supreme Court justice reminded Home Depot on Wednesday that it was arguing to "a lot of textualists" in a case about the state's ban on referral sales programs, with the justice suggesting the language in the law does not require a showing of inducement to prove harm.

  • April 23, 2025

    Texas Court Skeptical Of 'Death Star' Standing Argument

    A Texas appellate judge asked the state Wednesday if it expected three of its largest cities to " wait for a thousand tiny cuts" before being allowed to challenge a bill nicknamed the "Death Star" by opponents, which they say infringe on their ability to manage their own affairs.

  • April 23, 2025

    Judge To Consider Bond For Detained Palestinian Student

    A Vermont federal judge asked for more input on Wednesday from the government and a Palestinian green card holder fighting his detention and removal on foreign policy grounds, while scheduling a bond hearing for the Columbia University student for next week.

  • April 23, 2025

    6th Circ. Calls Compassionate Release Change A 'Power Grab'

    The U.S. Sentencing Commission overstepped by telling prisoners serving unusually long sentences that they can seek early release due to changes in sentencing law, the Sixth Circuit ruled Tuesday, deeming the move "a heavy-handed and unseemly power grab by the commission." 

  • April 23, 2025

    Justices Hint That Fuel Groups Can Fight Emissions Waiver

    U.S. Supreme Court justices on Wednesday appeared to back a contention from fuel industry groups that they have standing to challenge the U.S. Environmental Protection Agency's Clean Air Act waiver allowing California to set its own greenhouse gas emissions standards for vehicles.

  • April 23, 2025

    Judge Says Calif. Tribes Can't Intervene In $700M Casino Row

    A District of Columbia federal judge refused on Wednesday to allow three California tribes and a company to intervene in another California tribe's suit accusing the federal government of wrongfully rescinding gambling eligibility for the tribe's $700 million casino project.

  • April 23, 2025

    Wash. AG Tries To Move O'Reilly Pregnancy Bias Suit To Trial

    The Washington State Attorney General's Office is fighting O'Reilly Auto's recent bid to avoid trial in an employment discrimination case, pointing to evidence it claims shows the company "mocked and otherwise discriminated against pregnant workers, and retaliated against them for being pregnant."

  • April 23, 2025

    New Mexico Wildfire Sparks Suit Against Federal Government

    The federal government is being hit with a lawsuit challenging the U.S. Forest Service's alleged failure to follow its own prescribed burn plan, saying the lapse eventually led to the destruction of nearly 46,000 acres in the Jemez Mountains in New Mexico.

  • April 23, 2025

    Conservative Legal Group Sues For Federal Judiciary Records

    In its latest federal suit, the Washington-based conservative litigation group America First Legal Foundation has brought a claim against Chief U.S. Justice John Roberts, alleging that records held by the Judicial Conference must be subject to the Freedom of Information Act.

  • April 23, 2025

    Church Denied Injunction In 'Psychedelic Healing Shack' Suit

    A Michigan federal judge won't issue an injunction blocking alleged retaliation against a Detroit church in a suit claiming city officials are targeting their religious practice of using psilocybin, saying the church's leader hasn't shown she's likely to succeed on her claims or face irreparable harm.

  • April 23, 2025

    6th Circ. Preserves Enbridge's Pipeline Suit Against Mich.

    The Sixth Circuit on Wednesday said Enbridge Energy LP can pursue its lawsuit challenging Michigan's decision to revoke an easement for a natural gas and oil pipeline, rejecting the state's argument that it was protected by sovereign immunity.

  • April 23, 2025

    Ex-Rabobank Exec Seeks $5M To Cover OCC Fight Legal Bill

    A former Rabobank chief compliance officer has asked the Ninth Circuit to award her more than $5 million in attorney fees and expenses to cover both her defense of a now-discontinued Office of the Comptroller of the Currency enforcement action and her unsuccessful lawsuit to get the matter expunged.

  • April 23, 2025

    Genetic Testing Co., Marketer Settle FCA Case For $6M

    A genetic testing company, marketing firm, and their top executives have agreed to pay $6 million to resolve the government's allegations that they billed Medicare for unnecessary medical tests, in violation of the False Claims Act.

Expert Analysis

  • Key Takeaways From The 2025 Spring Antitrust Meeting

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    Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.

  • 3 Action Items For Innovators Amid Fintech Regulatory Pivot

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    As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.

  • What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.

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    In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.

  • How Tariffs May Affect Proxy Contests This Season

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    While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.

  • Running A Compliant DEI Program After EEOC, DOJ Guidance

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    Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.

  • A Closer Look At New NYSE, Nasdaq Listing Rule Changes

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    The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.

  • Opinion

    GENIUS Act Can Bring Harmony To Crypto-Banking Discord

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    ​​​​​​​By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.

  • Opinion

    US Reassessment Of OECD Tax Deal Is Right Move

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    The wholesale U.S. reevaluation of the Organization for Economic Cooperation and Development's global tax deal ordered by President Donald Trump is a positive step that could ultimately create a more durable international tax system, says Anne Gordon at the National Foreign Trade Council.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • The Path Forward For Construction Cos. After Calif. Wildfires

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    The increasing frequency of disastrous wildfires, like those that recently occurred in California, presents a set of complex challenges for the construction industry, including regulatory hurdles and supply chain disruptions that can complicate rebuilding efforts, say attorneys at Cozen O'Connor.

  • What 2nd Trump Admin Means For Ship Pollution Compliance

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    As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.

  • Know The Rules And Costs Of New Fla. Condo Inspection Law

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    Following the first report deadline for a structural integrity law meant to prevent disasters like the 2021 Surfside collapse, Florida condominium associations and unit owners should understand the process of conducting compliant inspections and anticipate new assessments to fund required maintenance, say attorneys at Ball Janik.

  • Mass. AG Emerges As Key Player In Consumer Protection

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    Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.

  • SEC Confidential Review Process Provides Issuers Flexibility

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    The U.S. Securities and Exchange Commission's recently announced enhancements to the process for confidentially submitting draft registration statements will be immediately impactful for issuers seeking to access the public capital markets, and should provide more grounds to explore and plan public offerings, say attorneys at Lowenstein Sandler.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

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