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Public Policy
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February 14, 2025
Demise Of Humphrey's Executor Could Sow Chaos At FERC
The Trump administration's quest to expand the president's firing authority over members of independent agencies paints a target on the Federal Energy Regulatory Commission that would create instability within the energy industry if at-will removal of commissioners becomes a reality.
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February 14, 2025
Murkowski Urges Senate To Shield Tribes From Trump Orders
Republican Sen. Lisa Murkowski of Alaska, chair of the U.S. Senate Committee on Indian Affairs, has urged lawmakers to join her in responding to possible negative effects of President Donald Trump's executive orders on federal funding that Indigenous tribes receive.
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February 14, 2025
9th Circ. Judge Pauses At Forest Service's Project Revision
The U.S. Forest Service pushed back on Friday against a Ninth Circuit judge's point that a restoration project being challenged by a conservation group evolved "quite a bit" after a fire ripped through the area, contending the final plan ultimately prescribed the same changes — just to fewer acres.
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February 14, 2025
Maine Judge Denies Challenge To Corporate Transparency Act
A Maine federal judge upheld the Corporate Transparency Act, rejecting one of several challenges across federal courts claiming Congress lacked the power to require companies to disclose their real owners.
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February 14, 2025
FTC's Ferguson, PBMs Agree: Nix Leader Removal Safeguards
Federal Trade Commission Chairman Andrew N. Ferguson offered his own support for enabling the president to readily fire independent agency commissioners at the FTC and beyond, a day after pharmacy benefit managers cited the new U.S. Department of Justice policy in their own battle with the FTC.
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February 14, 2025
Texas Justices OK Indirect Facts In Some Defamation Suits
The Texas Supreme Court on Friday said plaintiffs can survive summary judgment motions by presenting evidence that a defendant was the source of defamatory information even if they don't identify specific, verbatim statements made by that person.
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February 14, 2025
'Not For Sale': OpenAI Rebuffs Musk's $97.4B Takeover Bid
The board of directors for OpenAI voted unanimously on Friday to reject a $97.4 billion offer from Elon Musk and a consortium of investors to buy the artificial intelligence platform, with the board chair saying in a statement, "OpenAI is not for sale."
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February 14, 2025
Ex-Fla. Rep's Associate Wants Sanctions For 'Sham' Lawsuit
An associate of David Rivera has asked for sanctions against the former Florida congressman and his attorney, arguing that Rivera's suit accusing him of disclosing a confidential legal memorandum to law enforcement is "a complete sham" contrived to get discovery Rivera is not entitled to in the criminal proceeding in which he is accused of unlawfully lobbying on behalf of Venezuela.
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February 14, 2025
Trump Aims To End Limits On President's Power To Fire
President Donald Trump has his sights set on taking down a 90-year-old U.S. Supreme Court ruling that protects certain government officials from being fired, a U.S. Department of Justice letter confirms, and he plans to leverage his prior legal victories to deliver the precedent's death knell and expand presidential power.
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February 14, 2025
Ga. School District Must Face Bullying Claim At Trial
A federal judge said that it will be up to a jury to decide whether a Georgia school district did enough to stop bullying that allegedly led to a teen's suicide, but ruled that school and district officials were off the hook for his mother's claims that they were negligent.
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February 14, 2025
At 'Fly In,' Carriers Stress Broadband Funding To Lawmakers
Regional telecom carriers gathered on Capitol Hill to call for stable future funding to build high-speed communications networks and make sure rural areas have enough access to spectrum in the coming years.
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February 14, 2025
Old Permits Irrelevant To Pollution Controls, Texas Justices Say
The Texas Supreme Court said that previous emissions permits have no bearing on the definition of the best available pollution control technology for new projects, weighing in on a Fifth Circuit dispute over a proposed liquefied natural gas terminal in Port Arthur, Texas.
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February 14, 2025
DC Judge Declines To Block New OPM Email System
A D.C. federal judge on Monday declined to temporarily stop the Office of Personnel Management from using a new centralized messaging system that a putative class of federal employees claims is insecure.
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February 14, 2025
Texas Investigates DeepSeek For State Privacy Law Breach
Texas announced an investigation into Chinese AI startup DeepSeek, saying the company has run afoul of state privacy laws and has seemingly stolen Texas citizens' data.
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February 14, 2025
Bill Opposing Artists' Radio Station Royalties Back In House
The battle over whether local radio stations should pay royalties to performers whose songs they air is heating up.
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February 14, 2025
Trump Admin To Cut Thousands Of Federal Health Employees
The Trump administration has started to cut thousands of federal healthcare employees, following through on its promises to shrink government and enact mass changes to agencies that oversee the health of millions of Americans.
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February 14, 2025
EPA Fires Hundreds Of Employees, Cuts Millions In Contracts
The U.S. Environmental Protection Agency on Friday kept up the pace of cuts to staffing and spending, firing 388 probationary workers and canceling $60 million in contracts related to diversity, equity and inclusion and environmental justice programs.
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February 14, 2025
Minn. Compacts Will Give Tribes Access To Cannabis Market
Proposed compacts would allow Minnesota's 11 federally recognized tribes to license up to five cannabis dispensaries each outside of their reservation lands, according to a draft of the agreement.
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February 14, 2025
9th Circ. Judge Grills Feds In Immigrant Detention Regs Case
A Ninth Circuit judge pressed the federal government Friday on its stance that a Washington state law goes too far in setting health and safety benchmarks for a privately run immigration detention center, drawing an "apples-to-apples" comparison with similar rules for contractor-run psychiatric hospitals.
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February 14, 2025
New Delisting Rules Shorten Leash For Distressed Companies
Distressed companies should take heed of new stock exchange rules that are likely to accelerate delistings for stocks that trade below minimum requirements, particularly targeting businesses that rely on reverse stock splits to inflate their share prices, attorneys say.
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February 14, 2025
Mich. Abortion Provider Rule Not Evidence-Based, Judge Told
A professor of midwifery testified Friday that abortions can be safely performed by nondoctor clinicians, on the second day of a trial to determine if certain abortion regulations in Michigan have unconstitutionally limited access to the procedure.
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February 14, 2025
Justices Urged To Curb Feds' Ability To Prosecute Medical Pot
A Maine man accused of running an illicit medical marijuana cultivator has asked the U.S. Supreme Court to hear an appeal arguing that congressional spending legislation bars federal prosecutors from bringing cases against state-compliant cannabis operations.
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February 14, 2025
EPA, Energy Dept. Rush To Fulfill Trump's Appliance Order
The U.S. Environmental Protection Agency and U.S. Department of Energy said they're acting to comply with President Donald Trump's order — delivered via social media post — that they should undo Biden-era appliance efficiency standards.
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February 14, 2025
'Cruel And Sadistic': Orgs Decry Cuts To Refugee Program
With a one-two punch suspending refugee admissions and halting federal grants for nonprofits that have worked in tandem with the U.S. Department of State for decades, the Trump administration has effectively crippled the U.S. refugee program, according to groups providing resettlement services.
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February 14, 2025
FCC Could Pull Equipment OKs For New Dahua US Owner
The Federal Communications Commission is threatening to pull authorizations for a Taiwanese network infrastructure company's U.S. subsidiary, saying the company appears to be selling video surveillance products that are restricted as part of the commission's "covered list" of equipment found to pose a national security risk.
Expert Analysis
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FTC Report On AI Sector Illuminates Future Enforcement
The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.
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FCA Enforcement Would Make Trump's Tariffs More Effective
In implementing its trade policies, the Trump administration is likely to employ the False Claims Act, a powerful enforcement tool that would give tariffs and customs duties teeth, help raise promised revenue and prevent evaders from gaining a competitive advantage, says Sam Buffone at Buffone Law.
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End-Of-Year FCPA Enforcement Surge Holds Clues For 2025
The last three months of 2024 saw more Foreign Corrupt Practices Act enforcement actions than any quarter in the previous four years, providing lessons for companies — even as a new administration raises doubts about whether this momentum will continue, say attorneys at Norton Rose.
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What's Next For Accounting Enforcement After SEC's Big 2024
The U.S. Securities and Exchange Commission under the Trump administration will likely continue to focus enforcement efforts on many of the same accounting and auditing issues that it pursued over the past year — but other areas, such as ESG, internal controls and cryptocurrency cases, may fall out of focus, say attorneys at Debevoise.
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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.