Public Policy

  • September 09, 2025

    Tribes, Enviro Orgs Urge 9th Circ. To Halt Oak Flat Land Swap

    The U.S. and a copper mining company can't defend a federal law authorizing a land exchange in Arizona's Tonto National Forest, conservation groups and an Apache tribe told the Ninth Circuit on Monday, arguing that requirements for mining the site are unmet due to an inadequate final environmental impact statement.

  • September 09, 2025

    VC Firm's Top Atty Rejoins Skadden To Lead Tech Policy Team

    The former chief legal and policy officer at California-based Sequoia Capital is returning to Skadden Arps Slate Meagher & Flom LLP to lead the firm's tech policy practice, advising clients on related regulation and enforcement matters, the firm announced Tuesday.

  • September 09, 2025

    NY Pot Regulator Says Lawmakers Must Fix Proximity Issue

    The head of New York's cannabis regulatory agency said Tuesday that only the state Legislature could cure a recent destabilizing shift in regulatory interpretation that threatens to upend more than a hundred marijuana businesses.

  • September 09, 2025

    Colorado Justices Uphold Rejection Of City's Telecom Tax

    Tax ordinances in a Colorado city aimed at telecommunications providers, including a T-Mobile subsidiary, established new taxes without voter approval in violation of the state's Taxpayer Bill of Rights, the state Supreme Court ruled.

  • September 09, 2025

    4 Possible Factors In Nadine Menendez's Bribery Sentence

    The New York federal judge tasked with sentencing Nadine Menendez in the high-profile public corruption case that also ensnared her husband, a once entrenched New Jersey politician, will weigh a higher number of mitigating factors than in the usual criminal case, leaving her ultimate penalty a question mark to legal observers.

  • September 09, 2025

    Court Urged To Deny Bid To Block Captive Reporting Rules

    A Texas federal court should deny an injunction to a Texas plastics company seeking to stop the IRS from flagging microcaptive insurance plans as potentially abusive tax avoidance schemes, the U.S. argued, saying the public could lose millions of tax dollars on illegitimate transactions.

  • September 09, 2025

    DOJ, FTC Urged To Probe Drugmakers' Rebate Models

    The American Hospital Association asked the Trump administration to investigate whether major pharmaceutical companies violated antitrust laws as they push out new rebate models for a program that offers discounted drugs to healthcare providers serving low-income patients.

  • September 09, 2025

    States Urge Justices To Quickly Rule Against Trump's Tariffs

    The U.S. Supreme Court should quickly consider the appeal of the Federal Circuit's ruling that President Donald Trump's emergency tariffs are unlawful and affirm that the International Emergency Economic Powers Act doesn't provide the authority to impose duties, the states challenging the measures told the justices this week.

  • September 09, 2025

    Approach The Bench: Judge Shannon Discusses Bankruptcy

    Bankruptcy might seem like a technical and obscure practice area, but not to U.S. Bankruptcy Judge Brendan Shannon.

  • September 09, 2025

    Pentagon Finalizes Cybersecurity Rule For Contractors

    The U.S. Department of Defense released its long-anticipated final rule on Tuesday detailing how the agency will incorporate its Cybersecurity Maturity Model Certification program, aimed at boosting cybersecurity standards across the defense industrial base, into defense contracts.

  • September 08, 2025

    NY Supreme Court Says ICE Office At Rikers Order Is Illegal

    A New York state court on Monday ruled that an executive order of New York City Mayor Eric Adams' administration that allowed for a U.S. Immigration and Customs Enforcement office at Rikers Island is "illegal," pointing to Adams' escape of federal corruption charges days ahead of the order being issued.

  • September 08, 2025

    Split Colo. Justices Back DA's Disbarment Over Judge Probe

    The Colorado Supreme Court on Monday ruled to uphold a disciplinary board's disbarment of former 11th Judicial District Attorney Linda Stanley in a split 4-2 decision that found the issue of whether the presiding disciplinary judge should have recused himself a "close call."

  • September 08, 2025

    SoCal City, Pot Biz Won't Settle $220K Fee Suit

    The contract dispute between a Southern California municipality and a cannabis distributor over a failed deal to transport cannabis in the city and an unpaid $220,000 permit fee remains ongoing, after both sides told a California state court that settlement talks were unsuccessful.

  • September 08, 2025

    GOP Sens. OK Fla. Judge Who Dems Claim Courted Trump

    Senate Republicans voted on Monday evening to confirm to the Southern District of Florida bench Judge Edward L. Artau, a state appellate judge who ruled in favor of President Donald Trump in a defamation lawsuit when Democrats say he was simultaneously being vetted for the federal judgeship.

  • September 08, 2025

    DC Circ. Mulls Whether To Leave Whistleblower Rewardless

    The D.C. Circuit didn't seem to think it was fair that the SEC refused a million dollar reward to a whistleblower who went to the media first, even though the judges hinted Monday they thought the agency might have been within its rights to do so.

  • September 08, 2025

    Immigration Board's Undoing Of Bond Practice Stuns Attys

    A Board of Immigration Appeals decision to deny bond and require mandatory detention for anyone entering the U.S. unlawfully has stunned immigration attorneys, who say the upending of decades of precedent will leave few options beyond leaving the country.

  • September 08, 2025

    Split 4th Circ. Axes States' Challenge To Trump Admin Layoffs

    A split Fourth Circuit panel held Monday that a coalition of states doesn't have standing to sue the Trump administration over the mass firing of thousands of probationary government employees, finding that it was the employees — not the states — who "suffered the brunt of the harm" underlying the case.

  • September 08, 2025

    3rd Circ.'s Grid-Planning Ruling Will Coax States To Play Ball

    A Third Circuit decision limiting states' ability to block transmission projects already greenlighted by regional grid operators could make a federal overhaul of transmission planning policies more appealing, even as several states and utilities pursue litigation to block the changes.

  • September 08, 2025

    Unions Knock 'Flawed' 4th Circ. Injunction Take In DOGE Row

    A split Fourth Circuit panel's decision to vacate an injunction targeting the Department of Government Efficiency created a flawed framework for evaluating whether an injunction is appropriate, a coalition of unions argued Monday, asking the full Fourth Circuit to override the majority's "sharp departure from established precedents."

  • September 08, 2025

    NY AG To Fight Texas Bid To Enforce Abortion Ban Ruling

    New York Attorney General Letitia James on Monday moved to intervene in a lawsuit brought by the state of Texas that seeks to enforce a money judgment against a New York doctor for providing abortion-inducing drugs to a woman via telemedicine in the Lone Star state.

  • September 08, 2025

    FCC Nears 4-Year Review Of Media Ownership Regs

    Fresh off an Eighth Circuit decision that undercut a key rule limiting companies from controlling multiple broadcast stations in the same market, the FCC will vote this month on launching its required four-year review of media ownership rules.

  • September 08, 2025

    Google Tells Judge Not To Break Up Ad Tech Biz

    Google has urged a Virginia federal judge not to impose the "severe, counterproductive, and unprecedented remedy" of breaking up its advertising placement technology business, and has pushed its own proposed fixes over those sought by the U.S. Department of Justice in the upcoming monopoly remedies trial.

  • September 08, 2025

    OCC Will Weigh 'Debanking' In Licensing, CRA Reviews

    The Office of the Comptroller of the Currency shed more light Monday on its plans for carrying out President Donald Trump's call to end so-called debanking, saying it will factor account closure concerns into its community lending exams, merger reviews and more.

  • September 08, 2025

    Barrett Talks Dobbs, Court's Role In New Book

    U.S. Supreme Court Justice Amy Coney Barrett defends her vote to overturn Roe v. Wade and declare there's no constitutional right to abortion in her new memoir, which also provides unique insight into her view of the judiciary's role in American democracy and her approach to interpreting law.

  • September 08, 2025

    Calif. Says Texas Doesn't Belong In Emissions Waiver Fight

    The state of California told a federal judge that Texas has no business in a suit challenging the revocation of Clean Air Act waivers that allowed the state to set its own emissions standards, saying the Lone Star State wishes to inject "collateral issues" into the suit.

Expert Analysis

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Unpacking The New Opportunity Zone Tax Incentive Program

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    The One Big Beautiful Bill Act brought several improvements to the opportunity zone tax incentive program that should boost investments in qualified funds, including making it permanent, increasing federal income tax benefits in rural areas, redesignating the qualified zones, and requiring more in-depth reporting, says Marc Schultz at Snell & Wilmer.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • What New CFPB Oversight Limits Would Mean For 4 Markets

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    As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.

  • MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't

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    As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.

  • Navigating Brazil's Regulations, Incentives For Green Projects

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    Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.

  • Federal AI Action Plan Marks A Shift For Health And Bio Fields

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    The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.

  • Potential Paths To Modernizing The Bank Secrecy Act

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    The Bank Secrecy Act's analog design has become increasingly incompatible with today's digital financial ecosystem, but legislative reforms, coupled with regulatory adjustments including updated thresholds, feedback mechanisms and innovation sandboxes, would help adjust the act to the unique challenges of modern technology, says Matthew Biben at King & Spalding.

  • Definitions Of 'Waters Of The United States' Ebb And Flow

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    The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.

  • Trump Tax Law's Most Impactful Energy Changes

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    The One Big Beautiful Bill Act's deferral of begin-construction deadlines and the phaseout of certain energy tax credits will provide emerging technologies with welcome breathing room, though other changes, like the increased credit rate for sustainable aviation fuel, create challenges for developers, say attorneys at Weil.

  • Texas Property Law Complicates Financing And Development

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    A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Lessons From Liberty Mutual FCPA Declination

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    Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.

  • Data Undermines USPTO's 'Settled Expectations' Doctrine

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    An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.

  • Drafting M&A Docs After Delaware Corp. Law Amendments

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    Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.

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