Public Policy

  • September 10, 2025

    Mass. Justices Reject Former State Senator's Immunity Claim

    Massachusetts' highest court ruled Wednesday that a former state senator is not immune from prosecution for using his State House staff to work on his reelection campaigns in 2018 and 2020.

  • September 10, 2025

    AT&T Gave Prosecutor's Data To Trump-Tied Attys, Suit Says

    Nathan Wade, the special prosecutor who exited the Georgia election interference case against President Donald Trump after his romantic relationship with Fulton County District Attorney Fani Willis was revealed, has accused AT&T of unlawfully releasing "breathtaking" amounts of his personal cellphone data to defendants in the case.

  • September 10, 2025

    NTIA Poised To Release First Spectrum Under New Budget Act

    The Trump administration said Wednesday it will make a chunk of spectrum used for weather monitoring available for commercial use, the first such transfer of the airwaves since Congress passed this summer's sweeping budget package.

  • September 10, 2025

    DC Circ. Temporarily Reinstates Copyright Head After Firing

    The fired head of the U.S. Copyright Office has regained her position for the time being after a split D.C. Circuit faulted a lower court's analysis of whether she would be harmed if she didn't get her job back while fighting the Trump administration's dismissal of her.

  • September 09, 2025

    Fed Reserve Gov. Cook Wins Removal Reprieve For Now

    Federal Reserve Gov. Lisa Cook, for now, can stay on the Fed's board while she challenges President Donald Trump's attempt to strip her of her position, a D.C. federal judge ruled late Tuesday, saying Cook has "made a strong showing" that her purported removal was likely illegal.

  • September 09, 2025

    Conservative Groups Warn Against Value-Based 'Patent Tax'

    More than three dozen conservative groups Tuesday urged the U.S. Department of Commerce to refrain from considering charging patent owners a novel "patent tax" based on the value of their patents, warning that such a levy would harm innovation in the U.S., especially for emerging technologies.

  • September 09, 2025

    4th Circ. Debates Whether 'Silence' In 340B Empowers States

    Two states told a Fourth Circuit panel on Tuesday that "silence" in the law governing the federal government's drug discount program permits state enforcers to step in and regulate the delivery of those drugs to their communities.

  • September 09, 2025

    Calif. AG Sues Over 'Uninhabitable,' 'Inhumane' LA Jails

    California Attorney General Rob Bonta has sued the Los Angeles County Sheriff's Department over the "inhumane" and "uninhabitable" conditions at county jails, pointing to an increase in in-custody deaths and facilities that allegedly lack adequate plumbing, sanitation and temperature control.

  • September 09, 2025

    DOD's Cybersecurity Rule May Help Fend Off FCA Claims

    The U.S. Department of Defense's requirement for certain contractors to have a third-party assessor review their cybersecurity compliance, implemented in a final rule Tuesday, could help contractors protect themselves from False Claims Act enforcement.

  • September 09, 2025

    DC Circ. Talks 'Hypos' On Maritime Refusal To Deal Challenge

    The D.C. Circuit is set to decide whether a rule that the Federal Maritime Commission passed to deal with COVID-19 supply line shortages allows the agency to engage in illegal rate-setting after spending part of its morning hammering the parties with hypotheticals.

  • September 09, 2025

    FCC OKs Waivers For Smart House Locks

    The Federal Communications Commission agreed Tuesday to make some exceptions to its rules for ultra-wideband devices — specifically a requirement that they be handheld — so a pair of companies can ensure their smart locks have the agency's seal of approval.

  • September 09, 2025

    Hemp Interests Drop Challenge To Louisiana THC Law

    A cannabis industry group and a wholesaler have asked a Louisiana federal judge to dismiss their lawsuit seeking to block the state from imposing new restrictions on consumables infused with hemp-derived THC.

  • September 09, 2025

    FDIC Eases Standards For Lifting Cease-And-Desist Orders

    The Federal Deposit Insurance Corp. is giving banks a quicker potential path out of its doghouse, rolling out a policy change that allows more flexibility to close out enforcement orders before firms have finished satisfying all their terms.

  • September 09, 2025

    Calif. Bar Seeks Justices' Clarity In Eastman Disbarment Case

    The State Bar of California asked the state's justices to affirm recommendations to disbar Donald Trump's onetime attorney John Eastman, who helped plan and promote the then-presidential candidate's strategy to overturn the 2020 election, but also review what it says are two legal errors that could "significantly impact future cases."

  • September 09, 2025

    Trump Admin Blocked From Boston Hospital Trans Care Docs

    A Massachusetts federal judge on Tuesday blocked the Trump administration's bid to gain access to a wide array of documents related to gender-affirming care at Boston Children's Hospital, finding that the request is a veiled attempt to limit such care in the state.

  • September 09, 2025

    OCC Taps Cravath Atty As Principal Deputy Chief Counsel

    A former Cravath Swaine & Moore LLP corporate attorney has been tapped to serve as the principal deputy chief counsel of the Office of the Comptroller of the Currency, while a longtime agency official has been promoted to oversee its newly elevated chartering and licensing process, the regulator said Tuesday.

  • September 09, 2025

    Colo. Justices Rule Interest Not Covered By $1M Med Mal Cap

    The Colorado Supreme Court has ruled that the state's $1 million cap on medical malpractice damages doesn't encompass certain interest awards when the so-called good cause exception applies, in a suit accusing a doctor of causing a baby's severe brain injury.

  • September 09, 2025

    5th Circ. Says Jarkesy Doesn't Doom OCC Enforcement Action

    A Fifth Circuit panel has upheld industry bans and $250,000 fines against two former top executives of a failed Texas bank, rejecting their bid to overturn an Office of the Comptroller of the Currency enforcement order, finding that the OCC's in-house proceedings and ordered sanctions did not violate the executives' constitutional right to a jury trial.

  • September 09, 2025

    Atty Flashes Weed In NC High Court To Challenge Odor Test

    A defense attorney on Tuesday pulled out a bag of weed in front of North Carolina's seven justices and a courtroom full of sheriffs to illustrate the outcome of letting officers conduct warrantless searches based on the smell of pot alone, saying such a test doesn't work in the age of legalized hemp.

  • September 09, 2025

    Mich. Appeals Court Unsure It Can Force Through Stalled Bills

    A Michigan state appeals court panel wrestled Tuesday with whether courts have the power to compel members of the state's House of Representatives to deliver to the governor legislation that was passed last year by their political opponents.

  • September 09, 2025

    7 Enviro Cases To Watch At The Supreme Court

    The U.S. Supreme Court is considering a slew of environmental cases for the coming term, including jurisdiction disputes in pipeline and pollution cases, a challenge to a Washington state climate change law and Monsanto's bid to undo a $1.2 million weed killer cancer award.

  • September 09, 2025

    PTAB Leader Urges Specificity In Discretionary Denial Briefs

    The Patent Trial and Appeal Board's acting chief judge urged litigants Tuesday to support the arguments they make in the board's new discretionary denial process with specific details about their cases, during a panel where lawyers expressed both frustration about and praise for the system.

  • September 09, 2025

    Head Start Immigration Checks May Be Paused, Judge Hints

    A Washington federal judge seemed open to freezing a Trump administration policy requiring Head Start participants to prove citizenship, directing questions during a Tuesday hearing to how children will be affected after three decades of contrary practice.

  • September 09, 2025

    Ky. Judge Pauses Suit Over CFPB's Small-Biz Loan Rule

    A Kentucky federal judge on Tuesday paused a banking industry lawsuit challenging the Consumer Financial Protection Bureau's small business lender data collection rule while the agency works to revamp the Biden-era measure.

  • September 09, 2025

    Trump's Latest Tariff EO Offers Some Relief, But No Certainty

    President Donald Trump's latest tariff executive order essentially creates an exclusion process for many goods not readily available in the U.S. if the exporter countries enter trade agreements with the U.S., a strategic shift cautiously welcomed by importers even as they still seek certainty for their supply chains.

Expert Analysis

  • How Justices' Ruling On NEPA Reviews Is Playing Out

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    Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.

  • How Sweeping Budget Bill Shakes Up Health Industry

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    With the recently passed One Big Beautiful Bill Act marking one of the most significant overhauls of federal health policy since the passage of the Affordable Care Act, providers, managed care organizations and life sciences companies must now shift focus from policy review to implementation planning, say advisers at Holland & Knight.

  • Deep-Sea Mining Outlook Murky, But May Be Getting Clearer

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    U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.

  • Legal Ops, Compliance Increasingly Vital To Antitrust Strategy

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    With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.

  • What's Next For CFPB After 'Big Beautiful' Funding Cuts

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    While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • What To Know As SEC Looks To Expand Private Fund Access

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    As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.

  • Fla. Law Is Part Of State Trend On Curbing Foreign Influence

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    A recently effective Florida law that broadly prohibits charities from receiving or soliciting funds from individuals and entities associated with certain foreign countries, the first of its kind in the nation, follows a growing state-level focus on foreign influence regulation, say attorneys at Venable.

  • 4 In-Flux Employment Law Issues Banks Should Note

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    Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.

  • New DOJ Penalty Policy Could Spell Trouble For Cos.

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    In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.

  • IPR Decisions Clarify Stewart's 'Settled Expectations' Factor

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    Recent discretionary denial decisions from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart have begun to illuminate the contours of her "settled expectations" doctrine, informing when it might be worth petitioning for inter partes review if the patent at issue has been in force for a few years, say attorneys at Morgan Lewis.

  • Mulling Worker Reclassification In Light Of No Tax On OT

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    The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.

  • Clean Energy Tax Changes Cut Timelines, Add Red Tape

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    With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.

  • 5 Consumer Protection Compliance Issues In NY State Budget

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    Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.

  • Balancing The Promises And Perils Of Tokenizing Securities

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    Tokenizing listed securities offers the promise of greater efficiency, accessibility and innovation, but a recent U.S. Securities and Exchange Commission statement makes clear that the federal securities laws continue to apply to tokenized securities, so financial institutions and technology developers must work together to create clear rules, say attorneys at Orrick.

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