Public Policy

  • April 21, 2025

    Justices Kick Flavored-Vape Dispute Back To 5th Circ.

    After the U.S. Supreme Court affirmed the U.S. Food and Drug Administration's authority to reject an e-cigarette company's application to market flavored vapes, the high court on Monday granted summary disposition on one other pending case on the same subject, while denying certiorari to three others.

  • April 20, 2025

    High Court's Pause Of Removals Was 'Premature,' Alito Says

    The U.S. Supreme Court's decision early Saturday morning to prohibit the Trump administration from using a 1798 wartime law to remove alleged Venezuelan gang members detained in northern Texas to an El Salvadoran prison was hasty and premature, Justice Samuel Alito wrote in a dissent joined by Justice Clarence Thomas.

  • April 19, 2025

    Up Next At High Court: Preventive Healthcare, LGBTQ Books

    The U.S. Supreme Court will hear arguments in five cases this week, including disputes over the constitutionality of a task force that sets preventive healthcare coverage requirements, a school district's introduction of LGBTQ-themed storybooks and whether parties can establish standing based on harms affecting third parties. 

  • April 19, 2025

    Justices Temporarily Block Removals Under Wartime Law

    The U.S. Supreme Court on Saturday ordered the Trump administration to halt removals of alleged Venezuelan gang members detained in Texas under the 1798 Alien Enemies Act, pending further input from the court.

  • April 18, 2025

    Tufts Student's ICE Detention Fight To Proceed In Vermont

    A Vermont federal judge ruled Friday that Tufts University graduate student Rumeysa Ozturk can fight her U.S. Immigration and Customs Enforcement detention in the state and not the Trump administration's choice of Louisiana, ordering the federal government to bring her back to Vermont no later than May 1.

  • April 18, 2025

    FDIC Eases Big Banks' 'Living Will' Requirements

    The Federal Deposit Insurance Corp. moved Friday to spare large banks from certain requirements for what should go into the next version of their so-called living wills, saying it wants to put more emphasis on planning for quicker, potentially weekend sales of failing banks.

  • April 18, 2025

    WTO's Position In New Trump Administration Remains Unclear

    The Trump administration's aggressive imposition of tariffs has laid the groundwork for an onslaught of likely toothless claims brought against the U.S. at the World Trade Organization, even as the U.S.' stance with the international body remains guarded at best.

  • April 18, 2025

    Venezuelans Ask High Court And 5th Circ. To Pause Removals

    A group of Venezuelans detained in northern Texas launched a multipronged effort Friday to prevent the Trump administration from removing them to El Salvador under the Alien Enemies Act before they can have their day in court, asking the U.S. Supreme Court, the Fifth Circuit and two district courts for emergency relief.

  • April 18, 2025

    Trump Moves For More Power To Hire, Fire Federal Workers

    The Office of Personnel Management on Friday proposed a rule that would give President Donald Trump's administration the power to hire and fire some 50,000 career federal employees, a move that federal worker unions say will allow the president "to replace qualified public servants with political cronies."

  • April 18, 2025

    Google May See Some Light In The Ad Tech Ruling

    The ruling this week in the U.S. Department of Justice's ad tech monopolization case against Google was a major victory but not a total win for the government, and it raises questions about what the fix should be, especially with a trial looming over remedies in a separate case over search.

  • April 18, 2025

    JPMorgan, BofA Face GOP Pressure Over Chinese Co.'s IPO

    The chair of a China-focused U.S. House committee has urged Bank of America and JPMorgan Chase & Co. not to underwrite a Hong Kong initial public offering of Contemporary Amperex Technology Co. Ltd. over concerns the Chinese electric car battery maker is affiliated with the Chinese military.

  • April 18, 2025

    FCC Rejects Changes To 'Silkwave-2' Satellite Plan

    The Federal Communications Commission has said no to a satellite operator's request to launch a new satellite after it promised that satellite would be space-bound before it retired a previous one but it didn't happen.

  • April 18, 2025

    Colo. Says Telecom Fiber Installer Sued Too Soon

    Whatever beef a telecom contractor has with the Colorado Department of Transportation, the venue for dealing with it is the dispute process the pair agreed on when the agency inked a deal for the company to carry out a fiber-optic installation for it, that agency told a state court.

  • April 18, 2025

    1st Circ. Upholds Massachusetts' Assault Weapons Ban

    The First Circuit on Thursday upheld a lower court's decision that a challenge to Massachusetts' 20-year-old ban on assault weapons is unlikely to succeed on the grounds that the ban comports with historical tradition.

  • April 18, 2025

    Enviro Groups Tell 10th Circ. Denver's Dam Appeal Ill-Timed

    Environmental groups have asked the Tenth Circuit to preserve a lower court's order halting construction on a Denver dam, saying a stay requested by the city was filed prematurely.

  • April 18, 2025

    Cybersecurity Ruling Misconstrues Law, FCC Told

    Rural broadband companies are voicing opposition to a recent Federal Communications Commission decision requiring them to combat cybersecurity threats, saying the commission failed to consider the regulatory burden the new rules would impose on carriers.

  • April 18, 2025

    Apache Ask High Court For Quick Ruling In Oak Flat Land Row

    An Apache nonprofit behind the effort to save an ancient worship site from destruction in Arizona is urging the U.S. Supreme Court to quickly rule on its petition after the federal government announced it is moving forward with plans to transfer the site to Resolution Copper for mining.

  • April 18, 2025

    AG Paxton Sues Dallas Over Firearms Ban At Arts Facilities

    Texas Attorney General Ken Paxton has accused the city of Dallas in two lawsuits of violating the state's government code by prohibiting license to carry holders from having firearms on city properties.

  • April 18, 2025

    5th Circ. Says FCC Can't Fine AT&T $57M Without Trial

    The Fifth Circuit has wiped out the $57 million fine that the Federal Communications Commission slapped AT&T with after it and the other major mobile carriers were found to have been selling off people's location data, saying such a penalty without a jury trial was unconstitutional.

  • April 18, 2025

    Democratic AGs Say Trump Illegally Fired FTC Commissioners

    Attorneys general from 20 states and the District of Columbia filed an amicus brief Friday in D.C. federal court backing two fired Democratic Federal Trade Commission members, writing that President Donald Trump's actions violate federal law prohibiting their removal except for cause. 

  • April 18, 2025

    High Court's Cornell Ruling Eases Path For ERISA Suits

    The U.S. Supreme Court's revival of Cornell University workers' class action alleging excessive retirement plan fees will likely spur a rise in lawsuits zeroing in on employers' arrangements with recordkeepers and other service providers, and could make those cases tougher to knock out of court, attorneys say.

  • April 18, 2025

    Tribal 'Window' For New Spectrum Licenses Defended At FCC

    A pair of public interest groups asked Democrats on the Federal Communications Commission to support a tribal "window" allowing Native American bidders a chance to reserve licenses in a commercial spectrum band that's poised for FCC auction.

  • April 18, 2025

    Texas Panel Says State Can Pursue Block Of Pot Amnesty Law

    A Texas appeals panel has found the state can pursue an injunction blocking the enforcement of a city of San Marcos ordinance that prohibits enforcement of some cannabis laws, saying the city is not immune to claims that the ordinance is in violation of state law.

  • April 18, 2025

    Ex-CFO Says He's 'Extremely Remorseful' Of $44M Fraud

    The former chief financial officer of the Detroit Riverfront Conservancy said he is "extremely remorseful" and "ashamed" of his decade-long scheme of defrauding the nonprofit of more than $44 million, asking the court to consider other factors beyond "sensationalism" when sentencing him this month.

  • April 18, 2025

    Boeing Bashed For 'Stonewalling' Discovery In 737 Fraud Suit

    Norwegian Air subsidiaries accusing Boeing of fraud in connection with jet purchase deals have urged a Washington federal judge to force the aerospace giant to hand over documents in the case, citing Boeing's apparent "playbook of repeated delay, resistance and obfuscation."

Expert Analysis

  • Investor Essentials For Buying Federally Owned Property

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    Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.

  • How 2025 Is Shaping The Future Of Bank Mergers So Far

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    Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • What's Old And New In The CFTC's Self-Reporting Advisory

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    Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.

  • Weathering Policy Zig-Zags In Gov't Contracting Under Trump

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    To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.

  • How Trump's Crypto Embrace Is Spurring Enforcement Reset

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    The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.

  • After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands

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    The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • What Trump's Order Means For The Legal Status Of IVF

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    An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.

  • During Financial Regulatory Uncertainty, Slow Down And Wait

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    Amid the upheaval at the Consumer Financial Protection Bureau and the slowdown in activity at the prudential agencies, banks must exercise patience before adopting strategic and tactical plans, as well as closely monitor legal and regulatory developments concerning all the federal financial regulators, say attorneys at Dorsey.

  • 1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split

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    The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.

  • Opinion

    It's Time To Fix The SEC's Pay-To-Play Rule

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    Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Navigating The Growing Thicket Of 'Right To Repair' Laws

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    An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

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