Public Policy

  • September 17, 2025

    Trump Could Swing Fed With This 1 Weird Trick: Ex-Fed Gov.

    A former top Federal Reserve official told Democratic lawmakers on Wednesday that if President Donald Trump succeeds in quickly ousting Fed Gov. Lisa Cook, it could unlock an obscure mechanism for his allies at the Fed to sway future interest-rate decisions.

  • September 17, 2025

    3rd Circ. Urged To Revive NJ Casino Antitrust Pricing Suit

    Algorithmic collusion by Atlantic City casino hotels, as alleged by their customers, poses a grave threat to consumers as the hotels use software to get around a century's worth of antitrust precedent, an attorney for the American Antitrust Institute told the Third Circuit on Wednesday, urging the court to revive an antitrust suit.

  • September 17, 2025

    PTAB Told Variations From Prior Rulings Require Explanation

    The U.S. Patent and Trademark Office has told Patent Trial and Appeal Board judges that they must now explain any decisions that have a different outcome from an earlier ruling on the same patent or similar patent claims, either by the patent office or in litigation.

  • September 17, 2025

    AM Radio Bill Makes It Through House Committee, Again

    More than two-thirds of the House of Representatives have signed on to co-sponsor a bill that would prevent automakers from removing AM radios from their vehicles, so it came as no surprise when the bill sailed through markup Wednesday afternoon.

  • September 17, 2025

    9th Circ. Judge Hints At Upholding Seattle Housing Ordinance

    A Ninth Circuit judge suggested on Wednesday that a waiver provision written into a Seattle affordable housing policy is enough to "save" the ordinance from a homeowner's constitutional claim that it kept her from realizing her property's full value by adding townhomes.  

  • September 17, 2025

    Judge Rejects Trump Admin's Bid To Shield Climate Group

    A Massachusetts federal judge on Wednesday rejected the Trump administration's assertion that its climate change working group is exempt from a statute governing the transparency of advisory committees, but also denied environmentalists' push to get their hands on the group's records.

  • September 17, 2025

    Crypto Exchange Bullish Gets BitLicense From NY Regulator

    Venture-backed crypto exchange Bullish announced Wednesday that it has obtained a so-called BitLicense from the New York State Department of Financial Services, allowing it to offer crypto spot trading and custody to institutions and sophisticated investors in the state.

  • September 17, 2025

    Del. Judge's US Atty Application Plan Draws Blanche's Ire

    Delaware's chief district judge, a Trump appointee, is seeking applications for the state's U.S. attorney position to prepare for an upcoming vacancy in the interim position, a move that drew the ire of Deputy U.S. Attorney General Todd Blanche on Wednesday.

  • September 17, 2025

    9th Circ. Denies Appeal Of Wash. Anti-Vaxxers' Med Board Suit

    The Ninth Circuit on Wednesday rejected an appeal brought by Robert F. Kennedy Jr. on behalf of anti-vaxxers challenging a Washington state medical board's disciplinary proceedings against doctors who allegedly spread false information about COVID-19.

  • September 17, 2025

    Colo. Judge Certifies U Visa App In GEO Forced Labor Suit

    A Colorado federal judge certified a U visa application for the class representative in a 2014 suit involving forced labor claims against private prison company GEO Group, after he told the court that immigration officials said he could be detained during a check-in this week.

  • September 17, 2025

    Probationer's Speech Not A 'True Threat,' NC Panel Finds

    Statements a probationer made to a friend while stressed out and fearful over going to jail did not constitute a "true threat," so a trial court erred when it found him in violation of his probation, a North Carolina state appeals court panel ruled Wednesday.

  • September 17, 2025

    Boeing, DOJ Say FAA Fines Don't Sway Conspiracy Case

    Boeing and the federal government have told a Texas federal judge that the Federal Aviation Administration's recent proposal to fine Boeing $3.1 million for safety violations shouldn't factor into the 737 Max 8 criminal conspiracy case they're hoping to have wiped from the docket.

  • September 17, 2025

    FCC Told To Take Care When Adding AI To Public Alerts

    As the Federal Communications Commission mulls how to best overhaul its emergency alert rules, one California county is warning the agency to tread carefully when it comes to adopting emerging technologies like artificial intelligence.

  • September 17, 2025

    FDA Says Vape Manufacturer Lying About Marketing Approval

    The U.S. Food and Drug Administration on Tuesday sued manufacturers of flavored vapes in New Jersey federal court to seek an end to their sales, saying that they are falsely representing that their products had received marketing approval.

  • September 17, 2025

    9th Circ. Seems Split On School Principal's Free Speech Suit

    A Ninth Circuit panel appeared split on Wednesday over a Washington state public school employee's claims that he was unfairly punished for a political rant on Facebook, with one judge pushing back on his stance that he was speaking privately while also balking at the district's position that the post was disruptive.

  • September 17, 2025

    Criminal Restitution Fails Defendants, Victims, Report Says

    Federal criminal restitution often fails to benefit victims of crime and throws defendants into a "Sisyphean struggle" with debt, with $100 billion in outstanding restitution deemed uncollectable, according to a report released this week by the National Association of Criminal Defense Lawyers.

  • September 17, 2025

    Media Matters Again Denied Transfer Of X's Nazi Posts Suit

    Media Matters for America must remain in Texas for X Corp.'s defamation lawsuit over a story about ads running alongside Neo-Nazi content, after a federal judge again refused Tuesday to transfer the case to California following a Fifth Circuit decision nixing a previous rejection of transfer.

  • September 17, 2025

    Don Jr.-Backed Patent Co. Hires Nokia Licensing Exec

    SIM IP, the newest venture by high-profile patent monetizer Erich Spangenberg, has brought on Nokia's chief licensing officer to serve as managing director.

  • September 17, 2025

    Tribal Members Tell 9th Circ. Tariff Suit Belongs In Fed. Court

    Counsel for members of the Blackfeet Nation tribe told the Ninth Circuit on Wednesday their suit challenging President Donald Trump's emergency tariffs should stay in federal district courts, where constitutional and congressional claims over tribal commerce must be heard.

  • September 17, 2025

    3rd Circ. Weighs Limits On NJ Medical Aid In Dying Act

    The Third Circuit on Wednesday considered whether a Delaware woman with terminal cancer can challenge New Jersey's residency requirement for medical aid in dying, even though she has yet to be certified as having six months or less to live.

  • September 17, 2025

    Trump Admin Can't Get Suit Challenging Voting Order Tossed

    A Massachusetts federal judge declined Wednesday to dismiss a lawsuit challenging the Trump Administration's executive order requiring physical proof of citizenship to vote and invalidating ballots received after Election Day.

  • September 17, 2025

    8th Circ. Backs Dismissal Of FDIC Fee Guidance Challenge

    The Eighth Circuit on Wednesday rejected a banking industry challenge to Biden-era Federal Deposit Insurance Corp. guidance that cautioned banks about charging recurring fees on declined transactions, ruling the matter not ripe for court review.

  • September 17, 2025

    Texas Judge Slashes Suit Over Anti-Sanctuary Law

    A Texas federal judge gutted a suit by local governments and officials challenging a Texas law prohibiting local officials from limiting cooperation with federal immigration enforcement, tossing claims against the state and Gov. Greg Abbott and leaving Attorney General Ken Paxton as the sole state defendant.

  • September 17, 2025

    Satellites Belong In FCC's Enviro Reviews, Agency Told

    The Federal Communications Commission can't justify excluding potentially luminous satellites from environmental reviews keyed to industries under its jurisdiction, a group fighting light pollution said.

  • September 17, 2025

    House Votes To End DC Judicial Nominations Commission

    The U.S. House of Representatives voted 218-211 along party lines on Wednesday to eliminate the commission that vets and picks potential judicial nominees for Washington, D.C.'s local courts.

Expert Analysis

  • Insuring Against FCA Risk In Shifting Trade Landscape

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    In today's heightened trade enforcement environment, companies should proactively assess whether their insurance programs are positioned to respond to potential False Claims Act or customs-related claims, including reviewing directors and officers, professional liability, and representations and warranties policies for key terms, say attorneys at Pillsbury.

  • What To Expect As Trump's 401(k) Order Materializes

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    Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.

  • Demystifying The Civil Procedure Rules Amendment Process

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    Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.

  • RI Menopause Law Brings New Considerations For Employers

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    Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.

  • A Foreign Currency Breach Won't Always Sink EB-5 Cases

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    Recent court decisions show that, while EB-5 investors must be able to show the lawfulness of their funds and methods of transfer, a third-party currency exchanger's violation of another country’s currency export control law does not, by itself, taint the funds for purposes of U.S. investment, says Jun Li at Reid & Wise.

  • How The 5th, DC Circuits Agreed On FCC Forfeiture Orders

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    The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.

  • FTC, CoStar Cases Against Zillow May Have Broad Impact

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    Zillow's partnerships with Redfin and Realtor.com have recently triggered dual fronts of legal scrutiny — an antitrust inquiry from the Federal Trade Commission and a mass copyright infringement suit from CoStar — raising complex questions that reach beyond real estate, says Shubha Ghosh at Syracuse University College of Law.

  • 'Solicit' Ruling Offers Proxy Advisers Compliance Relief

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    The D.C. Circuit recently found that proxy voting advice does not fall under the legal definition of "solicitation," significantly narrowing the U.S. Securities and Exchange Commission's regulatory power over such advisers, offering stability to the proxy advisory industry and providing temporary relief from new compliance burdens, say attorneys at Sheppard Mullin.

  • SAM Update May Ease Tricky Timing Technicalities

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    The Federal Acquisition Regulatory Council's recent rule update, clarifying the System for Award Management's registration requirement, may reduce the number of disqualifications and bid protests resulting from minor lapses, but government contractors should still implement​ procedures t​o ensure early submission​ of registration renewals, say attorneys at Butzel Long.

  • Evaluating The SEC's Rising Whistleblower Denial Rate

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    The rising trend of U.S. Securities and Exchange Commission whistleblower award claim denials represents a departure from the SEC's previous track record and may reflect a more conservative approach to whistleblower award determinations under the current administration, say attorneys at Troutman Pepper.

  • State Crypto Regs Diverge As Federal Framework Dawns

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    Following the Genius Act's passage, states like California, New York and Wyoming are racing to set new standards for crypto governance, creating both opportunity and risk for digital asset firms as innovation flourishes in some jurisdictions while costly friction emerges in others, say attorneys at Sheppard Mullin.

  • How 2nd Circ. Cannabis Ruling Upends NY Licensing

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    A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.

  • Key Insurance Coverage Considerations For AI Data Centers

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    The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Unpacking The New Opportunity Zone Tax Incentive Program

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    The One Big Beautiful Bill Act brought several improvements to the opportunity zone tax incentive program that should boost investments in qualified funds, including making it permanent, increasing federal income tax benefits in rural areas, redesignating the qualified zones, and requiring more in-depth reporting, says Marc Schultz at Snell & Wilmer.

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