Public Policy

  • January 07, 2025

    Religious Schools Ask 1st Circ. To Gut 'Poison Pill' Law

    Two religious schools in Maine asked a First Circuit panel on Tuesday to strike down a "poison pill" passed by state lawmakers to blunt a U.S. Supreme Court decision affirming that the schools may participate in a government tuition program.

  • January 07, 2025

    Judge Temporarily Blocks Trump Special Counsel Report

    A Florida federal judge on Tuesday temporarily blocked the publication of a report by special counsel Jack Smith regarding his two now-dismissed prosecutions of Donald Trump, after lawyers for the president-elect said Smith was trying to continue a political crusade now that he can no longer pursue criminal charges.

  • January 07, 2025

    Trump Can't Halt Sentencing In NY Case, Appeals Judge Says

    A New York appellate judge Tuesday declined to freeze proceedings in Donald Trump's criminal hush money case, clearing the way for the president-elect to be sentenced as scheduled on Friday following his guilty verdict and just days before his inauguration.

  • January 07, 2025

    CFTC Chair Behnam To Step Down When Trump Takes Office

    U.S. Commodity Futures Trading Commission Chair Rostin Behnam announced Tuesday that he will resign his chairmanship on Inauguration Day in order to make way for new agency leadership under incoming President Donald Trump, who has yet to name Behnam's successor.

  • January 07, 2025

    CFPB Adopts Rule To Take Medical Debt Off Credit Reports

    The Consumer Financial Protection Bureau moved ahead Tuesday with plans to restrict the use of medical debt information in credit scoring and lending, finalizing a rule that it said will take an estimated $49 billion in unpaid medical bills off consumers' credit reports.

  • January 06, 2025

    9th Circ. Urged To Extend Freeze On Calif. Social Media Law

    Tech trade group NetChoice is pressing the Ninth Circuit to stop California from beginning enforcement of a new social media addiction law on Feb. 1, arguing that the lower court "flouted" precedent when it refused to find that restricting minors' access to personalized feeds violates the First Amendment.

  • January 06, 2025

    S.D. Fla. US Atty Will Leave Before Trump Takes Office

    Markenzy Lapointe, the U.S. attorney for the Southern District of Florida, announced Monday that he will resign Jan. 17 ahead of President-elect Donald Trump's inauguration.

  • January 06, 2025

    Victoria's Secret Hit With $5M Suit Over Fitting Room Denial

    A nonbinary Victoria's Secret customer hit the clothing company and a store manager with a $5 million civil rights lawsuit in New York state court Monday, alleging the manager discriminated against them by refusing to let them use a fitting room and telling them they were "in fact, male."

  • January 06, 2025

    Live Nation Can't Get Intermission In Calif. Antitrust Case

    A California federal judge overseeing a private antitrust case against Live Nation denied the company's bid Monday to pause the case for a government enforcement action, saying that the suit was filed first and that exceptions to the "first to file" rule do not apply.

  • January 06, 2025

    Another Building Contractor Agrees To End No-Hire Pacts

    The Federal Trade Commission said Monday that Planned Building Services has agreed not to enforce terms in its contracts that prevent building owners from hiring the service contractor's workers, in a second recent case targeting the building services industry.

  • January 06, 2025

    Biden Signs DC Football Stadium Bill Into Law

    President Joe Biden on Monday gave Washington, D.C., government control over a site that could become home to a new stadium for the NFL's Commanders.

  • January 06, 2025

    New Rules Won't Lift Political Clouds Over Hydrogen Projects

    The Biden administration's new rules to make hydrogen production tax credits more accessible for project developers and investors may not move the needle much for the industry given President-elect Donald Trump's vow to at least partially repeal the statute that created the credits.

  • January 06, 2025

    Booksellers Say End Of Arkansas Law Means Win In Texas

    A group of booksellers pointed to an Arkansas judge's ruling striking down a law creating a penalty for the distribution of certain books to minors Monday as it urged a Texas federal judge to reject a bid for a pretrial win in a dispute over a similar law in that state.

  • January 06, 2025

    NJ Justices Ponder 'Compactness' In Voter Map Dispute

    The criteria for "compactness" was the focus of nearly four hours of argument Monday before the New Jersey Supreme Court regarding the question of whether new ward maps in the state's second-largest city were configured in violation of voters' civil rights.

  • January 06, 2025

    Boeing, DOJ Given More Time To Rework 737 Max Plea Deal

    The U.S. Department of Justice and The Boeing Co. have until mid-February to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, a Texas federal judge ruled Saturday, ensuring that the incoming Trump administration will oversee final negotiations on any potential new deal.

  • January 06, 2025

    Mass. US Atty To Depart Role Before Trump's Inauguration

    Massachusetts U.S. Attorney Joshua Levy will step down from the job Jan. 17 ahead of President-elect Donald Trump's inauguration, his office announced Monday evening.

  • January 06, 2025

    FCC Requires Reports Following TV Program 'Blackouts'

    The Federal Communications Commission has voted to require multichannel video program distributors to report when programming "blackouts" occur due to impasses in carriage talks with broadcasters.

  • January 06, 2025

    FCC Chief Floats Spectrum Sale To Fund Network Security

    The outgoing head of the Federal Communications Commission on Monday proposed to quickly get a spectrum auction off the ground with proceeds going toward a key U.S. network security program.

  • January 06, 2025

    DOD Adds WeChat Owner, CATL To Chinese Military Co. List

    The U.S. Department of Defense added dozens of businesses Monday to its list of companies affiliated with the Chinese military, including electric-car battery maker CATL and Tencent Holdings Ltd. — owner of the popular text-messaging app WeChat — prompting Tencent to slam the designation as "clearly a mistake."

  • January 06, 2025

    Newsom Says No New Taxes, No Deficit, In Early Budget Look

    California Gov. Gavin Newsom pledged Monday not to raise taxes in the upcoming budget cycle for the state, while providing an early look at a $322 billion budget that differs from the previous two years by not having a deficit.

  • January 06, 2025

    Pa. Licensing Law For Vape-Makers Flawed, Panel Finds

    Part of Pennsylvania's law regulating licenses for e-cigarette manufacturers is unconstitutional because it gives legislative power to the state's Department of Revenue, an appellate court has ruled in an issue of first impression.

  • January 06, 2025

    DC Judge Denies Atty's Bid To Hasten Search For DEA Leak

    A D.C. federal judge Monday denied a Texas attorney's bid to force the U.S. Drug Enforcement Administration to turn over purported communications between agency personnel and anti-legalization activists regarding a proposal to loosen federal restrictions on marijuana.

  • January 06, 2025

    No Fox Philly License Hearing Means 'Dereliction,' FCC Told

    With just two weeks left before President-elect Donald Trump takes office and Republicans gain control of the Federal Communications Commission, a group of anti-Fox News advocates are calling out the commission for failing to hold any hearings on Fox's Philadelphia affiliate's license renewal.

  • January 06, 2025

    High Court Must Adopt New Voting Standard, Justices Told

    Montana Secretary of State Christi Jacobsen is asking the high court to adopt a standard to measure state courts' interpretations of law on the regulation of federal elections, arguing that the justices have an opportunity to correct an earlier opinion that says plaintiffs can challenge a state election map's constitutionality.

  • January 06, 2025

    Judge Rejects Rape Kit Seller's 2nd Bid To Pause Wash. Ban

    A Washington federal judge has denied a request for an injunction pending appeal by a company challenging the state's ban on the sale of "DIY" DNA collection kits for sexual assault survivors, reiterating his prior ruling that the law passes constitutional muster because it regulates conduct and not speech.

Expert Analysis

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • A View Into NY's New Business Interruption Insurance Law

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    In response to businesses' economic challenges during the pandemic, New York recently allowed the issuance of stand-alone business interruption insurance coverage, and while pricing and insurer participation questions remain, the product stands to benefit business owners and the state economy, say attorneys at Saxe Doernberger.

  • Rank-And-File DOJ Attorneys Will Keep Calm And Carry On

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    Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • Unpacking Arguments From High Court's Rural Hospital Case

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    During oral arguments in Advocate v. Becerra, the U.S. Supreme Court justices focused questions on the meaning of being "entitled to" supplementary security income assistance, and there's reason for optimism that the likely split decision will break in favor of hospitals, say attorneys at King & Spalding.

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • How Boards And Officers Should Prep For New Trump Admin

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    In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.

  • Implementing Human Rights Due Diligence

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    The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • 3 Changes Community Banks Should Expect Under Trump

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    A second Trump administration promises a sea change for regional and community banks, including shifts in the regulatory environment, Community Reinvestment Act rules and the M&A landscape, say attorneys at Manatt.

  • DC Circ. Decision Opens Door To NEPA Regulation Litigation

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    A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.

  • The Challenges Of Abandoned Retirement Plans In Ch. 7

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    The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.

  • How CFIUS' Updated Framework Affects Global Investors

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    The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.

  • 5 Ways SEC's Crypto Approach Could Change Under Trump

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    Given the Trump campaign's procrypto stance, the U.S. Securities and Exchange Commission could take a number of different approaches to crypto policy in the next administration, including pausing registration-only enforcement actions and proposing tailored rules that take into account the differences between crypto-assets and traditional securities, say attorneys at WilmerHale.

  • Health Policy Predictions For Trump's Second Administration

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    As President-elect Donald Trump's nominations for health policy and enforcement heads work their way through the confirmation process, healthcare organizations can look at nominee backgrounds, campaign statements and actions from Trump's previous presidency to predict incoming priorities, say attorneys at McDermott.

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