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Public Policy
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January 17, 2025
US Steel Can't Quicken Probe Into Alleged Merger Plot
U.S. Steel won't get an expedited look into communications between rival Cleveland-Cliffs Inc. and the United Steelworkers to look for evidence of an alleged conspiracy to sabotage its $14.9 billion merger with Japan's Nippon Steel Corp., after a Pittsburgh federal judge deemed the request "premature" on Friday.
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January 17, 2025
Nasdaq Pulls Board Diversity Rules After 5th Circ. Loss
Nasdaq has moved to formally undo its rules requiring that companies listed on the exchange disclose board diversity data, following a narrow, en banc ruling from the Fifth Circuit last month finding that the rules ran afoul of federal securities law.
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January 17, 2025
DOL Says Mental Health Parity Law Compliance Still Lacking
The U.S. Department of Labor and two other agencies said Friday that many employer health plans are still falling short of full compliance with a federal law requiring that mental health and substance use disorder treatment be covered comparably to physical healthcare.
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January 17, 2025
Feds Urge 9th Circ. To Restore Threatened Seals' Habitat
The federal government has asked the Ninth Circuit to overturn an Alaska federal district court judge who vacated the National Marine Fisheries Service's designation of critical habitat for Pacific bearded seals and Arctic ringed seals.
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January 17, 2025
FCC Mandates More Efforts To Combat Telecom Cyber Threats
The Federal Communications Commission has provided details of new requirements on telecom providers to counter cybersecurity threats, a late-hour move criticized several days ago by the agency's incoming Republican leadership before the new rules were formally released.
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January 17, 2025
NJ Beach Access Dispute Should Go To Trial, Panel Says
A New Jersey appellate court ruled against beachfront property owners embroiled in a dispute over a dune walkover that provided direct access to Normandy Beach, ruling that the validity of one claim should be determined in a trial.
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January 17, 2025
DC Circ. Sends LNG-By-Rail Rule Back To Drawing Board
The D.C. Circuit on Friday wiped out a Trump-era rule allowing liquefied natural gas to be transported by rail and said any replacement rule must contain an extensive environmental review given the catastrophic risks of an accident or spill.
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January 17, 2025
Mich. Local Power Rule Needs Stricter Scrutiny, 6th Circ. Says
A split Sixth Circuit panel said a requirement for Michigan electricity suppliers to source some of their power locally may be unconstitutional and must be reviewed again by a lower court because it disadvantages out-of-state energy producers.
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January 17, 2025
DHS Sec. Nominee Faces Senators Ahead Of Inauguration
Appearing before senators on Friday, South Dakota Gov. Kristi Noem, nominee for secretary of the U.S. Department of Homeland Security, previewed the incoming Trump administration's crackdown on immigration and fielded questions on distribution of disaster aid in wake of the Los Angeles wildfires.
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January 17, 2025
Hawaii Bill Seeks To Make Renter Tax Credit Permanent
Hawaii would make its renters tax credit permanent and change the credit's amounts under a bill introduced in the state House of Representatives.
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January 17, 2025
New Jersey AG Says Office Is Clear In Menendez Bribery Case
New Jersey Attorney General Matthew J. Platkin announced Friday that his office found no misconduct by any of its members relating to former U.S. Sen. Robert Menendez following an internal investigation that started after the senator was indicted on bribery charges.
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January 17, 2025
Justices To Hear Ex-Marine's Bid For PTSD Compensation
The U.S. Supreme Court on Friday agreed to take up the appeal of a former U.S. Marine who says that the Federal Circuit misstepped by limiting the retroactive special compensation he could receive for combat-related post-traumatic stress disorder to six years because he filed late.
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January 17, 2025
Trump Opposes DA Willis' Bid To Return To Ga. Election Case
President-elect Donald Trump urged the Georgia Supreme Court on Friday not to review the state intermediate court's ruling that disqualified Fulton County District Attorney Fani Willis from prosecuting the Georgia election interference case.
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January 17, 2025
Minn. Senate Bill Would Repeal Healthcare Provider Taxes
Minnesota would eliminate its 1.8% tax on various healthcare providers and services under legislation introduced in the state Senate.
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January 17, 2025
EEOC Brought Back Record High $700M For Workers In 2024
The U.S. Equal Employment Opportunity Commission said Friday it secured "the highest monetary recovery in its recent history" by bringing in $700 million for workers in the 2024 fiscal year.
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January 17, 2025
EU, Mexico Ink Trade Pact As Trump Readies New Tariffs
The European Union and Mexico shored up a new trade agreement Friday, vowing to liberalize the flow of goods and services just days before Donald Trump is slated to resume the presidency, having vowed new tariffs on both Mexican and European shipments.
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January 17, 2025
Ex-Pol's Atty Chided For Early Morning Sentencing Memo
The lawyer for a former Massachusetts state senator convicted of tax and pandemic aid fraud was scolded by a federal judge on Friday for filing a sentencing memo at 3:30 a.m. on the day of the hearing, then showing up late to court, forcing a postponement.
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January 17, 2025
What To Expect From Trump's Judicial Nominations
President-elect Donald Trump is taking office with 45 judicial vacancies, which is far less than the 100 plus seats he came in with in 2017, but more seats could open up if a fair number of sitting conservatives take the opportunity to ensure a Republican president names their successor.
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January 17, 2025
Off The Bench: Arrest In NBA Betting Probe, 76ers' Arena Deal
In this week's Off The Bench, the betting fraud investigation with a former National Basketball Association player at the center produces another arrest, the Philadelphia 76ers pull out of one new arena agreement and sign up for another, and a champion fighter is accused of assaulting a woman at a basketball game.
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January 17, 2025
Co. Suggests 4 Chemicals For Taxable Substances List
The Internal Revenue Service is seeking comments on proposals from Occidental Chemical Corp. to add four chemicals to the Internal Revenue Code's list of taxable substances, the agency said Friday.
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January 17, 2025
IRS Commissioner To Step Down As Trump Takes Office
Internal Revenue Commissioner Daniel Werfel is stepping down from his position in light of President-elect Donald Trump's intent to nominate former Rep. Billy Long to replace him, Werfel said in a message to the agency's employees Friday.
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January 17, 2025
Recalled Ex-Oakland Mayor Indicted On Bribery Charges
Federal prosecutors announced criminal bribery charges Friday against former Oakland Mayor Sheng Thao along with her partner and two others following a yearslong FBI corruption investigation, alleging she and her partner accepted cash payments of $95,000 disguised as no-show jobs, among other allegations.
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January 17, 2025
Attorney General Nominee Bondi Outlines Ethics Parameters
Pam Bondi, President-elect Donald Trump's pick for attorney general, outlined in an ethics agreement posted on Friday how she intends to avoid possible conflicts of interest with her previous positions, such as her role as a partner at a lobbying firm, and how she will divest from Trump's media company.
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January 17, 2025
FTC Accuses Pepsi Of Giving Advantage To Favored Retailer
The Federal Trade Commission on Friday accused Pepsi of giving a big box retailer better terms and promotional payments, putting smaller competitors at a disadvantage.
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January 17, 2025
Supreme Court Upholds TikTok Sale-Or-Ban Law
The U.S. Supreme Court upheld a federal law Friday requiring TikTok to be divested from its Chinese parent company by Sunday or face a nationwide ban.
Expert Analysis
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5 Transition Tools Trump Could Use To Implement His Agenda
President-elect Donald Trump will have several tools available to him to halt or otherwise claw back federal regulations promulgated during the Biden administration, including reconciliation, executive orders and memoranda, say attorneys at Gibson Dunn.
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5 Privacy Law Trends That Will Continue In 2025
While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.
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Justices Seem Focused On NEPA's Limits In Utah Rail Case
After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.
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A Look At PCAOB's Record-Breaking Enforcement In 2024
The Public Company Accounting Oversight Board in 2024 brought more enforcement actions against auditors and imposed increasingly higher monetary penalties, showing that it was not afraid to exercise its power to fine and reprimand firms, a trend that will likely continue in 2025, say attorneys at Briglia Hundley.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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The OIG Report: Preparing For Oversight In 2025
Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.
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What To Expect In Higher Ed Enforcement Under Trump
Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Takeaways From SEC's Mixed Results In '24 Crypto Litigation
Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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Reviewing The High Court's Approach To Free Speech Online
As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.
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Series
In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.