Public Policy

  • March 20, 2025

    NTSB Says Maryland Didn't Track Risks Of Key Bridge Collapse

    The National Transportation Safety Board recommended Thursday that 68 bridges in 19 states be evaluated for risk of collapse in the event of a vessel strike, and found that Maryland officials failed to adequately calculate vulnerabilities in Baltimore's Francis Scott Key Bridge well before its collapse last year.

  • March 20, 2025

    LA Hit With Sanctions Request In Encampment Sweep Lawsuit

    Homeless residents accused the Los Angeles City Attorney's Office of hiding documents they requested in their suit challenging the constitutionality of encampment sweeps, asking a California federal court for case-ending sanctions for the second time in two weeks.

  • March 20, 2025

    Colo. Judge Tells School To Return Banned Books To Shelves

    A Colorado federal judge has ordered a rural school district to return 19 books to school library shelves and temporarily barred it from removing more titles, finding the district was motivated by a "blatantly unconstitutional" desire to ban books it disagrees with.

  • March 20, 2025

    FTC Asks 8th Circ. To Nix Click-To-Cancel Rule Challenges

    The Trump administration's Federal Trade Commission isn't planning an about-face on the "click-to-cancel" rule debuted last year under the Biden administration, at least according to a recent filing asking the Eighth Circuit to dismiss a petition challenging the rule.

  • March 20, 2025

    Industry Groups Criticize Withdrawal Of PTAB Denial Memo

    Groups representing major industries have written to the White House expressing "grave concern" about the patent office's withdrawal of a guidance memo limiting when patent challenges can be denied, and large tech companies told a court the office's move bolsters their case against such denials.

  • March 20, 2025

    'Skill Games' Don't Define One's Character, Court Says

    Pennsylvania regulators can't judge owners and operators of so-called skill games terminals as lacking "good character" solely because the Pennsylvania Gaming Control Board has concerns about the legality and effects of the games, the state Supreme Court ruled Thursday.

  • March 20, 2025

    Utah High Court Leaves Youth Climate Claims Down For Now

    The Utah Supreme Court on Thursday found that a group of youths hasn't shown it has grounds to pursue a lawsuit against the state over its energy policies that allegedly contribute to climate change.

  • March 20, 2025

    Ore. City Can License Channels For Public Safety System

    A small town nestled in the northwestern part of Oregon will be allowed to license four business channels for public safety and first responder communications, the Federal Communications Commission has said.

  • March 20, 2025

    No Coal Plant Rescue Plans On The Table, FERC Chair Says

    President Donald Trump's recent call for his administration to encourage more coal-fired power use hasn't resulted in any order to the Federal Energy Regulatory Commission to craft policies to prop up coal plants, Chairman Mark Christie said Thursday.

  • March 20, 2025

    Conn. Murder Exoneree Seeks Extra $2M From Cop's Estate

    A Connecticut felony murder exoneree on Thursday asked a judge to heap an extra $2 million onto a $5.7 million federal jury verdict issued Wednesday against the estate of a now-deceased town police officer who failed to raise red flags about a key witness's interview.

  • March 20, 2025

    DOJ Drops Biden-Era Suit Over Texas Migrant Arrest Law

    The U.S. Department of Justice has asked a federal judge to dismiss its challenge to a Texas law that allows state officials to arrest people suspected of crossing the border unlawfully and empowers state judges to order their removal.

  • March 20, 2025

    Parolees Say DHS Parole Program Cuts Causing Broad Injury

    Eighteen noncitizen parolees and U.S.-based sponsors suing the Department of Homeland Security are urging a Massachusetts federal judge to block the termination of Biden-era parole programs for Afghanistan, Ukraine, Cuba and other countries, arguing a block is necessary to "prevent deep and broadening irreparable injury."

  • March 20, 2025

    State AGs Want 11th Circ. Redo Of FCC Robocall Reg Ruling

    Attorneys general from more than half the states and Washington, D.C., are urging the full Eleventh Circuit to reverse a panel decision that nixed a federal rule restricting the use of comparison shopping sites to generate robocall leads.

  • March 20, 2025

    Oil And Gas Cos. Say DC 'Greenwashing' Claims Are Too Vague

    A D.C. Superior Court judge pressed both sides in the district's consumer protection suit against four major oil and gas companies Thursday to say whether the city's claims that the companies misled consumers through systematic "greenwashing" campaigns fall within the scope of what she called a "very broad" statute.

  • March 20, 2025

    8th Circ. Won't Pause FTC's Insulin Pricing Case

    The Eighth Circuit refused Thursday to pause the Federal Trade Commission's in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices while the pharmacy benefit managers challenge the constitutionality of the proceedings.

  • March 20, 2025

    MiMedx Challenges FDA Classification Of Wound Care Powder

    Biomedical company MiMedx Group urged a Georgia federal judge on Thursday to overturn the U.S. Food and Drug Administration's classification of a wound care treatment as a biological product, arguing the agency misapplied its own regulations.

  • March 20, 2025

    Texas Senators Approve Bill Banning THC Consumables

    The Texas state Senate has approved a bill that would broadly ban consumable products with hemp-derived cannabinoids, such as delta-8 THC, sending the legislation to the state House of Representatives.

  • March 20, 2025

    Feds Say Crypto Lobbyist Can't Delay FTX-Tied Case

    New York federal prosecutors Thursday opposed a request from attorney and crypto lobbyist Michelle Bond to extend filing deadlines for pre-trial motions in her criminal case until June, saying Bond's inability to access her assets due to bankruptcy proceedings involving her FTX-affiliated husband is not enough to warrant a delay.

  • March 20, 2025

    Senate Panel To Weigh NTIA Nom Next Week

    A U.S. Senate panel next week will consider President Donald Trump's nominee to lead the U.S. Department of Commerce branch that oversees federal spectrum policy.

  • March 20, 2025

    9th Circ. Won't Renew Consumers' Amazon 'Buy Box' Suit

    A Ninth Circuit panel has declined to revive a consumer antitrust suit against Amazon, ruling on Thursday the plaintiffs have failed to show they were injured by the e-commerce company's practices incentivizing third-party sellers to use its logistics services with the "Buy Box" feature.

  • March 20, 2025

    Feds Ask High Court To Nix Mich. Tribal Land Trust Row

    A Michigan tribe's analysis of a law governing the state's Indigenous land claims would allow it to purchase property anywhere and then compel the U.S. to take it into trust for its benefit, the Interior Department has told the Supreme Court, arguing the interpretation would render a bizarre result.

  • March 20, 2025

    Colo. Court Says No Corp. Damages Cap In Some Death Suits

    A Colorado Court of Appeals panel on Thursday held that there is no cap on damages for corporations facing wrongful death lawsuits for "felonious killings," sending a case back to a trial court to consider how much of a $15 million verdict Xcel Energy should pay.

  • March 20, 2025

    DHS Says There's No Evidence Parole Is Being Categorically Denied

    The U.S. Department of Homeland Security urged a D.C. federal judge on Thursday to reject asylum-seekers' attempt to renegotiate an agreement to release them from detention on a case-by-case basis, saying they've offered no evidence that parole is being categorically denied.

  • March 20, 2025

    IRS SALT Cap Workaround Rule Unlawful, 2nd Circ. Told

    The Internal Revenue Service unlawfully created a rule prohibiting workarounds to the federal cap on state and local tax deductions, a New Jersey deputy attorney general told a Second Circuit panel Thursday, asking the appellate judges to overturn a lower court ruling that upheld the rule.

  • March 20, 2025

    CFPB Union Narrows Injunction Bid In Shutdown Suit

    The Consumer Financial Protection Bureau would be barred from idling its workforce under a narrowed injunction bid filed Wednesday in Washington, D.C., federal court, where the agency's employee union is squaring off with the Trump administration.

Expert Analysis

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Opinion

    Upholding Tribal Sovereignty Benefits US And Indian Country

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    The Trump administration's broad moves to end diversity, equity and inclusion programs are negatively affecting many tribal programs, but supporting tribal sovereignty would serve the federal government's deregulatory goals and ensure that tribes have the resources they need, says Ellen Grover at BB&K.

  • Constitutional Foundations Of Gov't-Guaranteed Investments

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    For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.

  • 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.

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