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Public Policy
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February 28, 2025
GOP Rep. Reintroduces The JUDGES Act
The chair of the House Judiciary Committee's courts panel has reintroduced a bill to create 66 new and temporary federal judgeships, which former President Joe Biden vetoed at the end of last year.
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February 28, 2025
Trump Admin's NIL Guidance Isn't Law, But Is A Title IX Threat
When President Donald Trump's U.S. Department of Education recently rescinded late Biden-era guidance instructing that upcoming revenue distribution to college athletes should follow Title IX laws protecting equal opportunity for women, legal experts told Law360 it came as little surprise — but also carried very little legitimate legal force.
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February 27, 2025
States Say DOD Transgender Ban Puts Public Safety At Risk
Twenty-one states on Wednesday threw their support behind transgender service members and human rights organizations challenging the Trump administration's executive order banning transgender people from serving in the military, arguing that it will harm their efforts to protect their communities.
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February 27, 2025
FTC Asks To Delay In-House PBM Insulin Case
Arguing that pharmacy benefit managers accused of artificially inflating insulin prices have already "unreasonably delayed" discovery, the Federal Trade Commission is asking an in-house judge to push back an evidentiary trial in the case, saying it would allow the administrative court more time to accommodate up to 17 expert witnesses.
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February 27, 2025
Feds Can't Dodge Firefighting Foam Suits Yet, SC Judge Rules
A South Carolina federal judge on Thursday denied the U.S. government's push to escape dozens of suits over contamination allegedly stemming from its use of forever chemical-containing firefighting foams, saying cases involving a military base in New Mexico showed its global motion to dismiss to be inappropriate.
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February 27, 2025
Congress Prioritizes Enviro Regs On Nix List
Congressional Republicans have lined up several actions that would undo Biden-era environmental initiatives, from water heater efficiency standards to a Clean Air Act amendment that laid the groundwork for grants that are now in the Trump administration's crosshairs.
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February 27, 2025
Trump's CFPB Pick Vows To 'Follow The Law' As Cases Pulled
Trump nominee Jonathan McKernan told U.S. senators on Thursday that he'd be the one calling the shots at the Consumer Financial Protection Bureau if confirmed as its director, but his message of independence was muddled by a wave of enforcement dismissals that hit federal courts in the middle of his confirmation hearing.
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February 27, 2025
NRA Urges High Court to Consider NY Carry Law Case
The National Rifle Association and the superintendent of New York State Police are at odds over whether the U.S. Supreme Court should take up a case regarding a state law requiring "good moral character" as a prerequisite to obtaining a gun permit, with both sides filing dueling briefs to the justices.
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February 27, 2025
Unions Can Depose DOGE In Agency Access Suit, Judge Says
The Department of Government Efficiency must tell a group of unions whom it's sent into the Department of Labor, the Department of Health & Human Services and the Consumer Financial Protection Bureau and what computer systems they've accessed, a D.C. federal judge ruled Thursday.
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February 27, 2025
Feds Sued In Wash. For Denying Coastal Moth ESA Status
President Donald Trump's administration was hit with a lawsuit on Wednesday in Washington federal court brought by a wildlife conservation group seeking Endangered Species Act protections for a Pacific Northwest moth facing a dwindling dune habitat amid coastal development and rising sea levels.
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February 27, 2025
Refugee Orgs Say State Dept. Funding Cuts Flout Court Order
Nonprofit refugee resettlement agencies sought an emergency hearing Thursday after the U.S. Department of State canceled grants to the organizations on Wednesday, an act they said circumvents a court order blocking implementation of President Donald Trump's suspension of refugee admissions.
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February 27, 2025
ICE Inks Contracts To House 2,000 Immigrant Detainees
U.S. Immigration and Customs Enforcement has awarded contracts to house more than two thousand detainees at facilities owned by private detention firms GEO Group Inc. and CoreCivic Inc., including a $1 billion deal to reopen a previously closed facility.
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February 27, 2025
SEC Says Meme Coins Are Not Securities
The U.S. Securities and Exchange Commission staff declared Thursday that so-called meme coins do not fall under the agency's jurisdiction and that purchasers of the coins should not expect to be protected by federal securities laws.
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February 27, 2025
Alsup Halts 'Illegal' Firings Of Probationary Federal Workers
U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.
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February 27, 2025
CORRECTED: FCC OKs 1st Rules For Spectrum Auction Since 2020
The Federal Communications Commission got the ball rolling Thursday on its first set of rules for selling spectrum since 2020, signaling that it was ready to consider an update to the process.
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February 27, 2025
9th Circ. Partially Upholds Ruling In Ariz. Voting Rights Row
A Ninth Circuit panel upheld a lower court's ruling that certain provisions of two Republican-backed Arizona voting laws requiring residents to provide proof of citizenship to vote by mail and in presidential elections violated federal law, saying several of the measures are examples of voter suppression.
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February 27, 2025
Congress Sends EPA Methane Fee Rule Repeal To Trump's Desk
Congress on Thursday passed a resolution scrapping the U.S. Environmental Protection Agency's imposition of a methane emissions fee on oil and gas companies, a move that may create uncertainty for industry as the fee remains legally mandated.
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February 27, 2025
SEC Ends Coinbase Case As Uyeda Pledges To 'Rectify' Policy
The U.S. Securities and Exchange Commission confirmed Thursday that it will walk away from its suit against cryptocurrency exchange Coinbase to clear the way for its newly created Crypto Task Force to develop digital asset policy "in a more transparent manner."
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February 27, 2025
FCC Looking At Making TV Commercials Pipe Down Again
Television commercials might be getting too loud again, the Federal Communications Commission recognized Thursday when it voted to take a look at whether its rules about commercial volume are due for an update.
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February 27, 2025
Family Denies Role In $81M Son-Of-Boss Tax Scheme
The government failed to prove that former shareholders of a family holding company knew the buyer of their company stock was shorting the IRS nearly $81 million and that they should be on the hook for the taxes, family members told a New York federal court Thursday.
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February 27, 2025
Ohio GOP Advances Senate Bill Overhauling Pot Legalization
A Republican-sponsored bill to overhaul a cannabis legalization law passed by voters in November 2023 has advanced in the Ohio State Senate.
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February 27, 2025
Ex-Trump Atty Powell's Mich. Misconduct Hearing Set For May
The Michigan Attorney Discipline Board on Thursday announced the date for a misconduct hearing for Trump campaign lawyer Sidney Powell and other attorneys who were allegedly involved in a legal challenge to Michigan's 2020 presidential election results and supporting Donald Trump's election fraud theories.
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February 27, 2025
CVS Freed From Hospital's Suit Over Drug Pricing Program
A Pennsylvania hospital's antitrust lawsuit claiming CVS forced healthcare providers participating in a federal discount drug program to go through the pharmacy chain's administrator has been tossed, with a federal judge ruling the hospital fell short in its allegations of anticompetitive behavior.
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February 27, 2025
Mich. House Must Send Stalled Bills To Governor, Judge Rules
The Republican-led Michigan House of Representatives should advance bills passed by their Democratic predecessors to the governor for review, a Great Lakes State judge ruled Thursday, siding with Democrats who claimed the bills are being held "hostage."
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February 27, 2025
DOJ Tells DC Circ. To Keep Apple Out Of Google Case
The U.S. Department of Justice is urging the D.C. Circuit to keep Apple out of its remedies case against Google, arguing that Apple "sat on its hands" for years despite knowing from the outset of the litigation that its default search agreement with Google was at stake.
Expert Analysis
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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Insights For Finance Firms, Regulators From House AI Report
Though a U.S. House of Representatives report encourages the financial sector to embrace artificial intelligence tools, its focus on ensuring high-quality datasets, transparent development and equitable access underscores that firms and regulators must strike a delicate balance between technological innovation and responsible implementation, says Brendan Palfreyman at Harris Beach.
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LA Wildfires' Effect On Calif. Insurer Of Last Resort
Attorneys at Willkie discuss the background of California's insurer of last resort — known as the Fair Access to Insurance Requirements Plan — and examine the process of assessing member insurers and relevant recent property insurance market developments in light of the destruction from the ongoing Los Angeles wildfires.
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How PAGA Reform Can Inform Employer Strategies In 2025
While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.
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Takeaways From FDA's Updated Confirmatory Trial Guidance
The U.S. Food and Drug Administration's latest draft guidance about accelerated drug approval indicates the FDA's intent to address the significant lag time between accelerated approval and full approval of drugs and may help motivate the industry to complete confirmatory trials, say attorneys at Sheppard Mullin.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Inside New Commerce Tech Restrictions: Key Risk Takeaways
While there are a few limitations on the scope of a new final rule restricting certain foreign adversary products and technologies, the Commerce Department's Bureau of Industry and Security retains sweeping authority to regulate an array of risk areas, says Peter Jeydel at Troutman.
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The Most Important Schedule I Drug Regulatory Shifts Of 2024
In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.
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California's New Homeowner Law Could Hamper Foreclosures
While A.B. 2424, which took effect this month in California, gives homeowners in default additional protections, it also provides loopholes that can be used to delay foreclosure auctions, and the cost of these delays will likely be passed on to the borrower, says Stephen Britt at Severson & Werson.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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How Fintechs Can Respond To New CFPB Supervisory Rule
Even though a new Consumer Financial Protection Bureau rule pulling large payment apps into supervision faces an uncertain fate in the new administration, providers should still examine the rule's definitions and prepare for increased compliance costs and more consumer-friendly practices, say attorneys at DLA Piper.
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Ruling Shows High Court Willing To Limit Immigration Review
The U.S. Supreme Court's recent decision in Bouarfa v. Mayorkas is the latest demonstration of the court’s readiness to limit judicial review in the immigration space, a notable break from other recent decisions that expanded judicial review of agency decisions in other areas, says Mark Fleming at WilmerHale.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Despite Political Divide, FEC Found Common Ground In '24
The Federal Election Commission, although evenly split between Republicans and Democrats, reached consensus in consequential advisory opinions, enforcement actions and regulations last year, offering welcome clarity on some key questions facing campaigns, PACs and parties, say attorneys at Covington.