Public Policy

  • October 08, 2025

    Trump Tariffs Unconstitutional, Watchdog Tells Justices

    Either President Donald Trump doesn't have authority to impose tariffs under the International Emergency Economic Powers Act, or the law is unconstitutional, the nonprofit group Consumer Watchdog told the U.S. Supreme Court Wednesday, urging the justices to affirm lower court rulings deeming those measures unlawful.

  • October 08, 2025

    Retailers Lose Bid To Ax NY Algorithmic Pricing Law

    A New York federal judge Wednesday tossed the National Retail Federation's lawsuit challenging a new state law that requires retailers to disclose the use of so-called algorithmic pricing, saying the retailers have not plausibly alleged that the disclosure requirement violates the First Amendment's prohibition on compelled speech.

  • October 08, 2025

    FCC Tells Justices 5th Circ. Used Jarkesy To Gut Enforcement

    The Fifth Circuit erroneously used a major U.S. Supreme Court decision curtailing U.S. Securities and Exchange Commission trials to "severely impair" Federal Communications Commission enforcement in the telecommunications industry, the FCC said in a petition urging the justices to resolve a new circuit split.

  • October 08, 2025

    Miami College Sued Over Land Transfer For Trump Library

    A retired professor is seeking to block the transfer of roughly three acres of land Miami Dade College has given away to build the Donald J. Trump Presidential Library, telling a Florida state court that the school broke a state public meeting law by providing scant details of the possible transfer.

  • October 08, 2025

    GOP Sens. Talk Big Tech Censorship While Dems Talk Kimmel

    Senate Republicans convened a committee hearing Wednesday morning to discuss "how Uncle Sam jawboned Big Tech into silencing Americans," but Democrats wanted to talk about censorship of a different stripe and kept pulling the conversation back to Jimmy Kimmel and the Federal Communications Commission.

  • October 08, 2025

    Trade Court Tosses Wis. Man's Trump Tariff Suit

    The U.S. Court of International Trade recently dismissed with prejudice a challenge to President Donald Trump's emergency tariffs after the Wisconsin man who filed suit failed to sufficiently amend his complaint.

  • October 08, 2025

    Shinnecock Tribe Wants In On Long Island Land Dispute

    A Native American tribe at the heart of a Long Island, New York, town's lawsuit over a U.S. government decision to place 84 acres of land into "restricted fee" status for the tribe has asked a federal judge to let it intervene in the suit.

  • October 08, 2025

    Chancery Extends Pause On Hospital Board Law Challenge

    The pause on ChristianaCare's lawsuit in Delaware Chancery Court against state officials in which it's challenging legislation that created a state-appointed board to review and approve hospital budgets was extended four months Wednesday to allow more time for the sides to reach a settlement.

  • October 08, 2025

    Big Banks' Gain Could Be Small Banks' Pain, Fed's Barr Says

    Federal regulators' plans to ease capital rules and other supervisory safeguards at big banks may jeopardize financial stability and leave community banks to pick up the pieces if something goes wrong, Federal Reserve Gov. Michael Barr warned in a speech Wednesday.

  • October 08, 2025

    5th Circ. Wary Of TitleMax Affiliate's Aim To Skip Usury Case

    A Fifth Circuit panel appears skeptical of a TitleMax affiliate's argument that it should get to escape the Pennsylvania Department of Banking and Securities usury case alleging the affiliate breached state law, saying Wednesday the proceedings looked like typical state police power.

  • October 08, 2025

    Senate IP Leader Plans Push To Pass Patent Eligibility Bill

    Sen. Thom Tillis, R-N.C., the leader of the Senate's intellectual property subcommittee, said Wednesday that before he leaves Congress in just over a year, one of his primary goals will be to advance his long-gestating bill to make more inventions eligible for patents.

  • October 08, 2025

    ICE Can't Use Force Vs. Ill. Press, Peaceful Protesters, Judge Says

    An Illinois federal judge said Wednesday that she will temporarily restrain federal agents from using allegedly violent silencing tactics against press and peaceful protesters, and she won't limit her order to the detention facility U.S. Immigration and Customs Enforcement operates in the Chicago suburb of Broadview.

  • October 08, 2025

    Kalshi Fights Ohio Ban As Pa. Flags Sports Betting Loophole

    The clash between state gaming regulators and federally regulated platforms offering sports wagers continued this week as Kalshi sued Ohio agencies over a directive to shut down its sports event contracts, while Pennsylvania's Gaming Control Board warned Congress that prediction markets broadly "create a backdoor to legalized sports betting."

  • October 08, 2025

    'I Don't Want To Be A Referee,' Google Search Judge Says

    A D.C. federal judge faced the prospect Wednesday of years more involvement in the U.S. Justice Department's case against Google's search monopoly, saying during a hearing that he's trying to balance avoiding being a "referee" for his remedies decision while preventing "misuses" of data sharing and search syndication mandates.

  • October 08, 2025

    North Dakota To Issue Stablecoin Through State-Owned Bank

    North Dakota on Wednesday announced plans to issue its own stable-value token through a partnership between fintech Fiserv Inc. and the state-owned Bank of North Dakota.

  • October 08, 2025

    Firm Owner Benefited From Ex-Official's Help, Jury Hears

    A construction management firm owner who claimed she felt pressured to pay Kosta Diamantis and to hire the Connecticut budget official's daughter also accepted business advice and landed government contracts with Diamantis' assistance, helping the fledgling company she launched without much experience, the official's attorney argued Wednesday.

  • October 08, 2025

    Welder Asks Fla. High Court To Revive Whistleblower Claims

    A welder mechanic asked the Florida Supreme Court on Wednesday to revive his whistleblower retaliation claims against his former employer, Gulf Power Co., arguing that state law requires only that he reasonably believed a violation of law or regulation occurred, not that he have to prove an actual violation.

  • October 08, 2025

    SoCal City Can't End Contract Dispute With Cannabis Co.

    A Southern California municipality cannot escape a multi-year legal battle over a controversial exclusive cannabis transport deal it made with Rukli Inc., a Los Angeles County judge has ruled, saying if the current contract is "void," as the city argues, then the original is revived.

  • October 08, 2025

    Oil Terminal Sale May Tank Conn. Climate Suit, Judge Hints

    A Connecticut federal judge appeared sympathetic Wednesday to Pike Fuels' argument that an environmental nonprofit is not suing the correct party over alleged permit violations at a bulk storage and fuel terminal in New Haven, since the defendant sold the facility at issue more than a year ago.

  • October 08, 2025

    Calif. Mandates Browser Ad Tracking Opt-Out In US First

    California Gov. Gavin Newsom signed a bill Wednesday that requires browser developers to offer a digital tool enabling consumers to more easily opt out of online behavioral advertising throughout the web, making the Golden State the first in the nation to enact the regulations.

  • October 08, 2025

    PTAB's Petitions Data Shows Decrease In Multiple Challenges

    The Patent Trial and Appeal Board has adjusted the way it calculates how many patents are subject to repeated scrutiny, a pet issue of agency leadership, releasing data Wednesday that says over half of challenges are "one of multiple petitions" filed against the same patent.

  • October 08, 2025

    Gov't Shutdown Essentially 'Freezes' IPO Market, Attys Say

    While the U.S. Securities and Exchange Commission technically remains open during the ongoing government shutdown that has now exceeded one week, staffing shortages have made it increasingly difficult for companies to launch initial public offerings, leaving them with few options.

  • October 08, 2025

    5th Circ. Says Some NOLA Rental Rules Are Unconstitutional

    A Fifth Circuit panel partially revived a proposed class action filed by homeowners and two companies challenging New Orleans' short-term rentals regulations, ruling in a published opinion that some of the regulations are unconstitutional.

  • October 08, 2025

    Judge Rejects Feds' Bid To Reassign USPTO Union Cases

    A D.C. federal judge has rejected the Trump administration's claim that suits by unions representing employees of the U.S. Patent and Trademark Office challenging an executive order ending their collective bargaining rights are not related to similar cases before him.

  • October 08, 2025

    Group Claims Mich. 24% Pot Tax Enacted Unlawfully

    Michigan's impending wholesale marijuana tax was approved by lawmakers unlawfully, an industry group alleged, saying the legislation signed by Gov. Gretchen Whitmer authorizing the tax did not have the votes of three-fourths of the majorities required in each legislative chamber.

Expert Analysis

  • Breaking Down The Proposed Hemp Bill

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    A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.

  • Opinion

    Sometimes Int'l Competition Should Trump Antitrust Concerns

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    The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.

  • Divest Order Shows How Security Fears Extend CFIUS Scope

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    A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.

  • Art Market Must Prepare For More AML Scrutiny

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    Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.

  • NY Tax Talk: ALJ Vacancy, Online Sales, Budget

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    Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • Lessons Learned 3 Years After First CCPA Enforcement Action

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    Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.

  • Utility Agency Suits May Rise As Calif. Justices Nix Deference

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    A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • How Tariffs Can Affect Event Studies In Securities Litigation

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    When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.

  • A Look At Robinson-Patman Enforcement In The MLM Industry

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    The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.

  • A Former PTAB Judge Weighs The End Of Remote Hearings

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    Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.

  • How Proposed FAA Rule May Streamline Drone Operations

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    The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.

  • What To Expect From 401(k) Plan Alternative Assets Order

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    The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.

  • The Future Of Lab-Test Regs After FDA Rescinds Rule

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    The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.

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