Public Policy

  • March 25, 2025

    Mich. Legislators Tell Justices They Can Sue Over Voting Laws

    Eleven Republican Michigan lawmakers have asked the U.S. Supreme Court to find they have standing to challenge the validity of ballot initiatives that expanded early voting and voter registration in Michigan and placed redistricting in the hands of a citizen commission.

  • March 25, 2025

    FINRA President Hints At Offloading Arbitration Oversight

    The president of the Financial Industry Regulatory Authority said Tuesday that he's considering whether another entity should take up the brokerage regulator's arbitration oversight, questioning whether it's an appropriate function for FINRA to continue running.

  • March 25, 2025

    Trans Military Ban Rests On 'Unconvincing' Proof, Judge Says

    A Washington federal judge hinted Tuesday he might block the Trump administration's ban on transgender troops later this week, expressing doubt that the U.S. Department of Defense has evidence to back its stance that gender dysphoria alone makes people unfit for military service.

  • March 25, 2025

    Delaware Legislature Passes Divisive Corporate Law Rework

    Delaware lawmakers overwhelmingly approved and sent to the state's governor Tuesday legislation that eases restrictions on some conflicted corporate acts and limits some stockholder document inspection demands, after House members overwhelmingly shot down five amendments aimed at limiting the measure's reach.

  • March 25, 2025

    Colo. Gov. Signs Law Adding 15 New State Court Judges

    Colorado Gov. Jared Polis has signed into law a bipartisan measure that will fund 15 new state court judges over the next two years.

  • March 25, 2025

    ND Justices Weigh Liberty Rights In Abortion Ban Challenge

    North Dakota's top court on Tuesday wrestled with whether a recently passed anti-abortion law violates personal liberty rights and questioned both sides about the meaning of exceptions to the ban written into the law.

  • March 25, 2025

    Md. Bank Disputes IRS Denial Of Captive Tax Perk

    A Maryland community bank is contesting in the U.S. Tax Court the Internal Revenue Service's decision to scrap two years' worth of tax deductions tied to a reinsurance captive, disputing the agency's findings that the arrangement had no economic purpose other than tax avoidance.

  • March 25, 2025

    Justices Grapple With Circuit Courts' Clean Air Act Authority

    U.S. Supreme Court justices on Tuesday indicated they want to preserve circuit courts' jurisdiction over certain regional Clean Air Act disputes but recognized that Congress deliberately prioritized the D.C. Circuit's authority in many important areas of the law.

  • March 25, 2025

    Calif. Lawmaker Floats NY-Like Internet Pricing Cap

    A California Democrat hopes to pass legislation through the state Assembly to put a pricing cap on internet service plans for low-income households in the same way as a New York law that has survived legal challenges.

  • March 25, 2025

    NC Justices Agree To Hear Traffic Stop Smell Test Appeal

    The North Carolina Supreme Court has agreed to take up an appeal of a man's conviction for possession of a firearm by a felon after he argued that the smell of cannabis and cologne are not sufficient to justify searching his vehicle at a traffic stop.

  • March 25, 2025

    NM To Approve Turquoise Alerts For Missing Indigenous

    New Mexico Gov. Michelle Lujan Grisham is expected to sign into law a bill that will create a new Turquoise Alert System for missing Native Americans that will allow law enforcement to quickly share information through various communications channels.

  • March 25, 2025

    Judge Questions Gov't Motives Behind Trans Passport Policy

    A Massachusetts federal judge on Tuesday appeared skeptical of arguments made by the U.S. Department of Justice that a new policy requiring passports to bear the holder's sex assigned at birth is not intended to target transgender and nonbinary people but rather create uniformity in government records. 

  • March 25, 2025

    Court Tosses Suit Alleging NY Pot Regulations Are Biased

    A New York federal judge on Tuesday dismissed an action alleging that the Empire State's cannabis social equity licensure program discriminated against white men.

  • March 25, 2025

    NJ Says NYC Congestion Pricing Fight Ripe For Decision

    The Garden State's legal battle to dismantle New York's congestion pricing program can still advance even while the Metropolitan Transportation Authority fights the federal government's withdrawal of approval for the program in Manhattan federal court, New Jersey's attorneys told a federal judge.

  • March 25, 2025

    San Diego Airport Authority Backs Alaska Air's DCA Flight Slot

    The San Diego County Regional Airport Authority is backing federal transportation regulators' decision to grant Alaska Airlines a slot exemption for long distance flights out of Ronald Reagan Washington National Airport, telling the D.C. Circuit that Alaska's direct flights to San Diego "would produce enormous savings, efficiency, and benefits to the public at large."

  • March 25, 2025

    Academics Sue To Block Removals Of Pro-Palestine Students

    Academic groups filed a lawsuit in Massachusetts federal court on Tuesday seeking to block the Trump administration from targeting noncitizen students and faculty members who attend pro-Palestinian protests with large-scale arrests, detentions and deportations, saying it violates the First Amendment.

  • March 25, 2025

    NYPD Denied Vax Waiver To Detective, Suit Says

    A former New York City Police Department detective has filed a lawsuit against the department and city alleging he was effectively forced out after being denied a religious exemption for the COVID-19 vaccine.

  • March 25, 2025

    House Panel Split On Independent Contractor, OT Updates

    Republicans on a U.S. House subcommittee called on Tuesday for updating the Fair Labor Standards Act to more easily classify workers as independent contractors and enable overtime and paid time off swapping, while Democrats urged greater protections for employees, not a watering down of the law.

  • March 25, 2025

    NJ Casinos Urge 3rd Circ. Not To Revive Room-Pricing Suit

    Atlantic City casino-hotel owners have told the Third Circuit a lower court was right to toss a case accusing them of inflating room rates by using the same software to set prices because there's no problem with multiple businesses separately choosing to use the same service.

  • March 25, 2025

    Feds Say Immigrant Groups Can't Fight Trump Border Closure

    The Trump administration has told a D.C. federal judge that immigrant services organizations don't have standing to challenge a presidential proclamation that declared an "invasion" at the southern border and suspended noncitizens' entry and asylum claims.

  • March 25, 2025

    Judge Temporarily Blocks ICE Detention Of Columbia Student

    A Manhattan federal judge on Tuesday ordered U.S. Immigration and Customs Enforcement to temporarily refrain from detaining a 21-year-old Columbia University student and legal permanent resident who says she was targeted for deportation for attending a demonstration against the college's response to protests over the war in Gaza.

  • March 25, 2025

    No More C-Suite 'Deference' At FTC, Ferguson Says

    Federal Trade Commission Chairman Andrew Ferguson took aim Tuesday at previous antitrust enforcers' "hands off" approach, which he said worried too much about stifling Big Tech's momentum and innovation and not enough about the power that online platforms "wielded over our daily lives."

  • March 25, 2025

    Jenner & Block Latest BigLaw Firm Targeted In Trump Order

    President Donald Trump on Tuesday signed an executive order aimed at Jenner & Block LLP, suspending security clearances for its employees and taking other actions in response to the firm's pro bono work and a former partner's role as a top deputy to former special counsel Robert Mueller.

  • March 25, 2025

    No Caprice In OSHA's Work Citation Rules, 11th Circ. Hears

    The Occupational Safety and Health Administration urged the Eleventh Circuit Tuesday to ignore a Georgia roofing contractor's claims that it can't be on the hook for a $158,000 fine under the agency's "capricious" multiemployer citation rule, alleging the company's counsel told it to avoid being caught on the work site to dodge liability.

  • March 25, 2025

    Judge Orders HUD To Reinstate $30M In Housing Grants

    A Massachusetts federal judge temporarily revived $30 million in housing anti-discrimination grants slashed by the Trump administration, explaining that his hands are essentially tied by a First Circuit ruling in a separate case reinstating teacher training grants.

Expert Analysis

  • What To Do When ICE Shows Up At The Hospital

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    In light of recent executive orders and changes to enforcement directives permitting U.S. Immigration and Customs Enforcement agents to enter sensitive locations like hospitals, healthcare providers should understand how to balance compliance with existing health laws and patient care obligations, say attorneys at Davis Wright.

  • Unpacking The Legal Foundation Of Trump's New Trade War

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    President Donald Trump's recent executive orders and proclamations regarding emergencies at the U.S. border are based on statutory powers enabling a president to address extraordinary external threats — and could be used to fend off legal challenges to the tariffs levied on Mexican and Canadian goods, says Chris Zona at Mandelbaum Barrett.

  • A View Of The Shifting Insurance Regulatory Landscape

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    Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.

  • Trump's Energy Plans: Funding, Permits And Nuclear Power

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    In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • FTC Focus: Avoiding 'Gun Jumping' Violations

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    The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.

  • What Compensation Committees Must Keep In Mind In 2025

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    New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.

  • Likely Doomed CFPB Contract Rule Still Has Industry Pointers

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    While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.

  • Engaging With Feds On Threats To Executives, Employees

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    In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.

  • The Risk And Reward Of Federal Approach To AI Regulation

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    The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.

  • Losing A Motion To Dismiss Ruling Isn't Necessarily The End

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    A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.

  • Anticipating Direction Of Cosmetics Regulation Under Trump

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    It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.

  • Drug Pricing Policy Trends To Expect In 2025 And Beyond

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    Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.

  • Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.

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    President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.

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