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Public Policy
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August 08, 2025
NY Says 1676 Order Can't Help Tribe In Eel Fishing Regs Row
The New York State Department of Environmental Conservation is fighting a Supreme Court bid by the Unkechaug Nation to undo a Second Circuit decision rejecting its challenge to the state's regulations on eel fishing harvests, arguing that a 1676 British colonial governor's order is not federal law.
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August 08, 2025
Conn. Legislation Highlights In The 1st Half Of 2025
The highest-profile bill of Connecticut's 2025 legislative session was the state's two-year, $55.8 billion budget, which increased salaries for judges, boosted access to early childhood education programs and made changes to corporate taxes that are expected to raise around $350 million. But lawmakers also tackled issues in family, criminal and employment law, with mixed success.
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August 08, 2025
Stewart Rejects 8 IPR Petitions While Overriding May Denial
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart used her director review powers to grant a petition for inter partes review that she'd previously denied, but otherwise largely supported patent owners in the small batch of recent discretionary denial reviews.
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August 08, 2025
NY Cannabis Sellers Urge Lawmakers To Fix Regulation Flap
New York cannabis retailers facing the revocation of their licenses due to a recent destabilizing shift in regulatory interpretation are urging Gov. Kathy Hochul and the state Legislature to take immediate action to ensure the continuity of their businesses.
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August 08, 2025
Trump Admin Invites Legal Fights With Clean Energy Moves
Recent Trump administration moves to saddle renewable energy projects with additional regulatory and permit burdens are likely to face court challenges from the industry even as developers are forced to think long and hard about the viability of their projects.
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August 08, 2025
CFTC Blesses Another Event Betting Website
U.S. Commodity Futures Trading Commission staff has announced they will not pursue enforcement actions against a prediction market company set to launch as a designated contract market, allowing the company to move forward with permitting users to bet on real-world events, such as entertainment and public policy.
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August 08, 2025
Trump Gets Explanation Of 2nd Circ. Refusal To Sub In Feds
The Second Circuit said Friday that President Donald Trump's bid to substitute the federal government for him as a defendant in his defamation fight with writer E. Jean Carroll came too late, dealing him a blow after his $83.3 million jury trial loss.
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August 08, 2025
'Legally Indefensible Scheme' DQs NJ US Atty, Court Told
A New Jersey criminal defendant argued in federal court this week that Alina Habba's appointment as acting U.S. attorney for New Jersey is an "end-run" around the Constitution and moved to have her and any prosecutors working under her disqualified.
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August 08, 2025
Pennsylvania Litigation Highlights Of The 1st Half Of 2025
In the first half of 2025, Pennsylvania judges have created a federal and state court split in a $175 million verdict against Monsanto in Philadelphia's Roundup mass tort, reduced the tax fraud sentence of a member of the family behind an iconic Philadelphia cheesesteak shop and permanently barred a college apparel company from copying Penn State trademarks.
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August 08, 2025
New Jersey Litigation Highlights For The 1st Half Of 2025
More than halfway through 2025, the New Jersey legal community has seen the state lose its case against one of the most politically connected figures to never hold office, as well as the federal government dropping its case against two former technology executives accused of bribing foreign officials. Here are some of the biggest decisions and ongoing cases to watch for the rest of the year.
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August 08, 2025
Texas Modernizes Barratry Ban To Include Online Outreach
Texas, a state with a long history of outlawing prohibited legal services solicitation — known as barratry — has passed a bill updating its penal code to expand the definition of illegal barratry to cover new media, amid a reported rise in digital solicitation, with the amended law set to take effect on Sept. 1.
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August 08, 2025
Massachusetts Sheriff Charged With Extorting Cannabis Shop
Suffolk County, Massachusetts, Sheriff Steven W. Tompkins was arrested Friday morning in Florida on extortion charges related to his demand for a stake in a cannabis dispensary — and a refund when his shares lost value — federal prosecutors announced.
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August 07, 2025
CFPB Mulls Cuts To Oversight Reach In 4 Nonbank Markets
The Consumer Financial Protection Bureau is considering formally scaling back the reach of its nonbank oversight, floating a series of early stage proposals that contemplate sharply reducing the number of firms it would supervise in four key financial services markets.
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August 07, 2025
Trump Admin Asks Justices To Halt ICE Arrest Limits In LA
The Trump administration on Thursday asked the U.S. Supreme Court to pause a California federal court's order temporarily blocking the government from conducting immigration arrests in the Los Angeles area without probable cause, arguing that it threatens officials' ability to enforce immigration laws.
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August 07, 2025
Sentencing Commission Plans To Reassess Fraud Guidelines
The U.S. Sentencing Commission on Wednesday said it will consider potential reforms to the federal sentencing guidelines for fraud offenses, including the outsized role of loss calculation in sentencing, one of several priorities the agency has marked for closer examination.
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August 07, 2025
Judge Orders Chemours To Cut Discharges At W.Va. Plant
A West Virginia federal judge on Thursday ordered Chemours to take any steps needed to stop its Washington Works manufacturing plant from continuing to discharge excessive amounts of a harmful "forever chemical" into the Ohio River.
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August 07, 2025
ND Judge Strikes Down Fed's Debit Card Fee Regulation
A North Dakota federal judge has invalidated the Federal Reserve's regulation limiting certain debit card fees charged in merchant transactions, ruling in favor of a truck stop and convenience store in finding that the Fed had attempted to "improperly repackag[e] the defunct-Chevron deference under a different name."
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August 07, 2025
Fox Brands Calif. Gov.'s $787M Defamation Suit 'Spectacle'
Fox News has asked a Delaware court to toss California Gov. Gavin Newsom's $787 million defamation suit over the network's coverage of his June 6 phone call with President Donald Trump, calling it a "political stunt" and "spectacle" that shouldn't be rewarded.
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August 07, 2025
Colo. Court Backs Landlord's Right To 'Fees On Fees'
In the first Colorado appellate decision to consider whether a prevailing party may recover attorney fees incurred to enforce a contractual fee-shifting provision, a state appellate panel ruled Thursday that a Denver coffee shop's landlord is entitled to an award of such fees.
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August 07, 2025
2nd Circ. Says Asylum Status Must Be Current For Green Card
Asylees seeking green cards must maintain their current asylum status when doing so, a split Second Circuit ruled in a published opinion Thursday, saying two individuals from Egypt and Guatemala couldn't seek lawful permanent residency because their asylum statuses had terminated.
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August 07, 2025
9th Circ. Backs Seattle's Win In Housing Ordinance Suit
The Ninth Circuit affirmed Seattle's lower court victory against a suit filed by landlords challenging a 2017 city housing law that, among other restrictions, prevents landlords from requiring prospective tenants to disclose whether or not they have criminal records.
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August 07, 2025
Ga. AG Sues Gov.'s Race Rival Over No-Limit Fundraising
Georgia Attorney General Chris Carr sued one of his top Republican rivals in the Peach State's 2026 gubernatorial race Thursday, alleging Lt. Gov. Burt Jones reaped an unfair advantage in the contest through a campaign finance vehicle that allows him to raise unlimited amounts of cash.
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August 07, 2025
4th Circ. Revives Suit Over Threats To Trans Teen At School
A split Fourth Circuit panel on Thursday partially revived a grandmother's suit against the Appomattox County School Board and several of its employees over their handling of her grandchild's apparent gender transition, saying she sufficiently alleged that the school acted with "deliberate indifference" to threats against the child.
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August 07, 2025
USPTO's Chief Information Officer Leaves Agency
The U.S. Patent and Trademark Office's chief information officer is departing the agency for a job in the private sector, and the deputy CIO is stepping up to fill the position, a spokesperson confirmed to Law360 on Thursday.
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August 07, 2025
5th Circ. Strikes Guatemalan's Reentry Reporting Mandate
A Fifth Circuit panel vacated a condition of a Guatemalan citizen's supervised release that requires him to report to a probation office every time he enters the United States, citing a conflict between the court's oral and written sentencing.
Expert Analysis
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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The Pros, Cons Of A Single Commissioner Leading The CFTC
While a single-member U.S. Commodity Futures Trading Commission may require fewer resources and be more efficient, its internal decision-making process would be less transparent to those outside the agency, reflect less compromise between competing viewpoints and provide the public with less predictability, says former CFTC Commissioner Dan Berkovitz.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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How DOJ's New Data Security Rules Leave HIPAA In The Dust
The U.S. Department of Justice's recently effective data security requirements carry profound implications for how healthcare providers collect, store, share and use data — and approach vendor oversight — that go far beyond the Health Insurance Portability and Accountability Act, say attorneys at Nelson Mullins.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Courts Redefining Software As Product Generates New Risks
A recent wave of litigation against social media platforms, chatbot developers and ride-hailing companies has some courts straying from the traditional view of software as a service to redefining software as a product, with significant implications for strict liability exposure, say attorneys at Reed Smith.
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Trump's 2nd Term Puts Merger Remedies Back On The Table
In contrast with the Biden administration, the second Trump administration has signaled a renewed willingness to resolve merger enforcement concerns through remedies from the outset, particularly when the proposed fix is structural, clearly addresses the harm and does not require burdensome oversight, say attorneys at Cooley.
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Why Bank Regulators' Proposed Leverage Tweak Matters
Banking agencies' recent proposal to modify the enhanced supplementary leverage ratio framework applicable to the largest U.S. banks shows the regulators are keen to address concerns that the regulatory capital framework is too restrictive, say attorneys at Moore & Van Allen.
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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How Banks Can Harness New Customer ID Rule's Flexibility
Banking regulators' update to the customer identification process, allowing banks to collect some information from third parties rather than directly from customers, helps modernize anti-money laundering compliance and carries advantages for financial institutions that embrace the new approach, say attorneys at Bradley Arant.
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CEQA Reform May Spur More Housing, But Devil Is In Details
A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.