Public Policy

  • September 17, 2025

    FDA Says Vape Manufacturer Lying About Marketing Approval

    The U.S. Food and Drug Administration on Tuesday sued manufacturers of flavored vapes in New Jersey federal court to seek an end to their sales, saying that they are falsely representing that their products had received marketing approval.

  • September 17, 2025

    9th Circ. Seems Split On School Principal's Free Speech Suit

    A Ninth Circuit panel appeared split on Wednesday over a Washington state public school employee's claims that he was unfairly punished for a political rant on Facebook, with one judge pushing back on his stance that he was speaking privately while also balking at the district's position that the post was disruptive.

  • September 17, 2025

    Criminal Restitution Fails Defendants, Victims, Report Says

    Federal criminal restitution often fails to benefit victims of crime and throws defendants into a "Sisyphean struggle" with debt, with $100 billion in outstanding restitution deemed uncollectable, according to a report released this week by the National Association of Criminal Defense Lawyers.

  • September 17, 2025

    Media Matters Again Denied Transfer Of X's Nazi Posts Suit

    Media Matters for America must remain in Texas for X Corp.'s defamation lawsuit over a story about ads running alongside Neo-Nazi content, after a federal judge again refused Tuesday to transfer the case to California following a Fifth Circuit decision nixing a previous rejection of transfer.

  • September 17, 2025

    Don Jr.-Backed Patent Co. Hires Nokia Licensing Exec

    SIM IP, the newest venture by high-profile patent monetizer Erich Spangenberg, has brought on Nokia's chief licensing officer to serve as managing director.

  • September 17, 2025

    Tribal Members Tell 9th Circ. Tariff Suit Belongs In Fed. Court

    Counsel for members of the Blackfeet Nation tribe told the Ninth Circuit on Wednesday their suit challenging President Donald Trump's emergency tariffs should stay in federal district courts, where constitutional and congressional claims over tribal commerce must be heard.

  • September 17, 2025

    3rd Circ. Weighs Limits On NJ Medical Aid In Dying Act

    The Third Circuit on Wednesday considered whether a Delaware woman with terminal cancer can challenge New Jersey's residency requirement for medical aid in dying, even though she has yet to be certified as having six months or less to live.

  • September 17, 2025

    Trump Admin Can't Get Suit Challenging Voting Order Tossed

    A Massachusetts federal judge declined Wednesday to dismiss a lawsuit challenging the Trump Administration's executive order requiring physical proof of citizenship to vote and invalidating ballots received after Election Day.

  • September 17, 2025

    8th Circ. Backs Dismissal Of FDIC Fee Guidance Challenge

    The Eighth Circuit on Wednesday rejected a banking industry challenge to Biden-era Federal Deposit Insurance Corp. guidance that cautioned banks about charging recurring fees on declined transactions, ruling the matter not ripe for court review.

  • September 17, 2025

    Texas Judge Slashes Suit Over Anti-Sanctuary Law

    A Texas federal judge gutted a suit by local governments and officials challenging a Texas law prohibiting local officials from limiting cooperation with federal immigration enforcement, tossing claims against the state and Gov. Greg Abbott and leaving Attorney General Ken Paxton as the sole state defendant.

  • September 17, 2025

    Satellites Belong In FCC's Enviro Reviews, Agency Told

    The Federal Communications Commission can't justify excluding potentially luminous satellites from environmental reviews keyed to industries under its jurisdiction, a group fighting light pollution said.

  • September 17, 2025

    House Votes To End DC Judicial Nominations Commission

    The U.S. House of Representatives voted 218-211 along party lines on Wednesday to eliminate the commission that vets and picks potential judicial nominees for Washington, D.C.'s local courts.

  • September 17, 2025

    Charter Can't Dodge Cable Royalties In Texas, 5th Circ. Rules

    Charter Communications cannot avoid paying a 3% royalty for the use of cable permits in three Texas cities' rights of way, regardless of a change in state permitting law, the Fifth Circuit ruled Wednesday.

  • September 17, 2025

    Democrats Push Wealth Tax Targeting Billionaires' Assets

    Billionaires would pay higher taxes on their unrealized gains from property, stocks and other valuable assets under legislation reintroduced Wednesday by Senate Finance Committee ranking member Ron Wyden and other congressional Democrats.

  • September 17, 2025

    Texas Justices Don't Touch Block Of Local Pot Amnesty Law

    The Texas Supreme Court will not review an appellate panel's decision blocking the city of San Marcos from going forward with a voter-approved ordinance that limited local police from enforcing laws on low-level marijuana offenses.

  • September 17, 2025

    DOJ & Google Going To Trial, Again, On Ad Tech Remedies

    The Justice Department goes to trial next week to try breaking up Google's advertising placement technology business after a Virginia federal court declared the company an illegal monopolist in ad tech.

  • September 17, 2025

    IRS-ICE Pact Allows For Mass Tax Data Swaps, DC Circ. Told

    An information sharing agreement between the IRS and immigration enforcement agencies allows for disclosure of confidential tax information on a mass scale, as evidenced by an IRS official's declaration in a taxpayer group's suit, immigration advocacy groups challenging the agreement told the D.C. Circuit on Wednesday.

  • September 17, 2025

    SEC Policy Shift Could Foreclose Some Investor Class Actions

    The U.S. Securities and Exchange Commission issued a policy statement Wednesday that allows the use of mandatory arbitration by new publicly traded companies as its chief seeks to "make IPOs great again," but Democrats warned the move could shut the door to shareholder class actions.

  • September 17, 2025

    Judge Won't Let Denver Slip Suit Over Bans On Gas Appliances

    A Colorado federal judge partially granted environmentalist group Sierra Club's bid to dismiss a suit filed by a coalition of industry trade groups suing Denver over the city's restrictions on certain natural gas appliances.

  • September 17, 2025

    USTR Seeks Feedback On USMCA In Advance Of Joint Review

    The Office of the U.S. Trade Representative is seeking comments on the effectiveness of the U.S.-Mexico-Canada Agreement in advance of next year's joint review of the regional trade agreement, it has announced.

  • September 17, 2025

    Ute Tribe Land Dispute Back In Court After 8-Year Stay

    A Utah federal judge on Wednesday lifted an eight-year stay in a decade-long feud over criminal prosecutions within the Ute Tribe's reservation boundaries, allowing the parties to litigate a sole issue in the case over the status of split estate surface lands.

  • September 17, 2025

    Boston Mayor Accused Of Firing Staffer To Shield Ally

    The former chief of staff for Boston's police accountability office alleged in a lawsuit launched in state court Wednesday that Mayor Michelle Wu wrongfully fired her last spring to protect a key political ally from accusations of sexual harassment.

  • September 17, 2025

    EXIM Bank Wants Suit Over $20B Mozambique LNG Project Axed

    The Export-Import Bank of the United States is asking a D.C. federal judge to toss green groups' effort to block $4.7 billion in financing for a liquefied natural gas project in Mozambique led by TotalEnergies SE.

  • September 17, 2025

    7th Circ. Pick Shrugs Off Conservative Group's Opposition

    During her confirmation hearing on Wednesday, Rebecca Taibleson, a federal prosecutor in Wisconsin tapped for the Seventh Circuit, fended off opposition to her nomination from conservative groups, antipathy that the top Democrat on the Senate Judiciary Committee called a "new low" for the committee.

  • September 17, 2025

    Ga. City, Ex-Court Admin Seek Quick Wins In Retaliation Case

    A Georgia city and its former municipal court administrator have each asked a federal judge for wins in a whistleblower suit the administrator brought alleging she had been unlawfully fired in retaliation for reporting a city council member's attempt to pressure the court for a favor.

Expert Analysis

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q2

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    Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.

  • Building Better Earnouts In The Current M&A Climate

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    In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.

  • Managing Risks As State AGs Seek To Fill Enforcement Gap

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    Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.

  • A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals

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    The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

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    In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

  • A Look At Trump 2.0 Antitrust Enforcement So Far

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    The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.

  • Reform Partly Modernizes Small Biz Stock Gains Exclusion

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    Changes to the Internal Revenue Code in the One Big Beautiful Bill Act update the qualified small business stock gains exclusion to reflect inflation, but the regime would be more in line with current business realities if Congress had also made the exemption available to additional business structures, says Mark Parthemer at Glenmede.

  • Breaking Down Novel Va. Social Media Law For Minors

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    While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.

  • Lessons From Crackdown On Mexican Banks With Cartel Ties

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    Recent U.S. Treasury Department orders excluding three major Mexican financial institutions from the U.S. banking system for laundering drug cartel money and processing payments for fentanyl precursor chemicals offer guidance for companies in reviewing their procedures and controls to ensure they are not the next targets, say attorneys at Paul Weiss.

  • Litigation Inspiration: How To Respond After A Loss

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    Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

  • Tips For Cos. From California Climate Reporting FAQ

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    New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.

  • FDA's Hasty Policymaking Approach Faces APA Challenges

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    Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.

  • DOJ Crypto Enforcement Is Shifting To Target Willfulness

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    Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.

  • Legal Considerations Around Ibogaine As Addiction Therapy

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    Recent funding approval in Texas pertaining to the use of ibogaine for the potential treatment of substance use disorders signals a growing openness to innovative addiction treatments, but also underscores the need for rigorous compliance with state and federal requirements and ethical research standards, say attorneys at Husch Blackwell.

  • Unpacking DOJ's Suit Against Maryland Federal Bench

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    Political hoopla aside, the Trump administration’s suit naming the Maryland federal district court and all of its judges, which challenges a standing order that delays deportation upon the filing of a habeas petition, raises valid questions about both the validity of the order and the DOJ’s approach, says Steven Gordon at Holland & Knight.

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