Public Policy

  • October 07, 2025

    Judge Concerned As Feds Keep Immigration Atty's Phone Data

    A federal prosecutor told a Massachusetts judge on Tuesday that the government has returned a phone it seized from an immigration lawyer but does not intend to delete data it pulled from the device, prompting the court to raise concerns that the information could be used to identify and arrest immigrants.

  • October 07, 2025

    Approach The Bench: Judge Kaplan On Suit Against The Gov't

    U.S. Court of Federal Claims Judge Elaine Kaplan's docket doesn't always garner attention in the same way trial court cases do, but that may change as the executive branch makes sweeping budget and policy changes that could lend more political significance to monetary claims against the government.

  • October 07, 2025

    Planners Should Be Tariffed As Calendars, Fed. Circ. Told

    Weekly planners sold by a California calendar company are advertised for their calendars and should be considered such for tariff purposes, counsel for the business told Federal Circuit judges Tuesday, arguing the lower court and government incorrectly classified them as a type of notebook.

  • October 07, 2025

    La. Challenges Mail-Order Access To Abortion Medication

    The state of Louisiana on Monday sued federal regulators for expanding access to the abortion medication mifepristone under the Biden administration, alleging the removal of an in-person dispensing requirement allows the drug to be mailed illegally into anti-abortion states.

  • October 07, 2025

    Baker Donelson Forms Gov't Solutions, Public Funding Group

    Baker Donelson Bearman Caldwell & Berkowitz PC announced Tuesday that it has launched a government solutions and public funding group to help clients prepare for, respond to and recover from disasters — while identifying and securing public funding opportunities at the federal, state and local levels.

  • October 07, 2025

    Bondi Declines To Discuss James Comey Indictment

    Appearing before the Senate Judiciary Committee on Tuesday, U.S. Attorney General Pam Bondi deflected when questioned on the recent indictment of former FBI Director James Comey and other controversies involving the U.S. Department of Justice. 

  • October 07, 2025

    Mich. Court Scraps Ruling That Affirmed Solar Farm Permit

    A Michigan state appeals court tossed a ruling that upheld a township's permit for an Invenergy subsidiary's industrial-scale solar farm, concluding that its board of trustees failed to sufficiently explain or provide a basis for its decision.

  • October 07, 2025

    ​​​​​​​California Aims To Sink DOJ's 'Egg Prices' Animal Law Case

    California, state egg farmers and animal rights groups are asking a federal court to dismiss the U.S. government's lawsuit that seeks to eliminate animal welfare laws that it alleges have contributed to a rise in egg prices.

  • October 07, 2025

    Pa. Justices Wary Of Lifting Corporate Veil To Beat Time Limit

    Members of Pennsylvania's Supreme Court seemed skeptical of a bid by asbestos claimants to sue the parent company of a defunct industrial firm, pointing to a two-year time limit for claims against the dissolved subsidiary.

  • October 07, 2025

    Mich. Panel Upholds Hazing Charges In Frat Member's Death

    A Michigan appeals panel upheld the constitutionality of a state law criminalizing hazing that results in injury or death, greenlighting charges stemming from a Michigan State University fraternity pledge's death from alcohol poisoning.

  • October 07, 2025

    11th Circ. Won't Halt Labor Mandate Case For Gov't Shutdown

    The federal government can't stay a builders association's case challenging an executive order that requires union-favoring labor agreements for expensive government contracts, the Eleventh Circuit ruled, declining a request made in light of the government shutdown.

  • October 07, 2025

    SEC's Atkins Wants To 'Future-Proof' Deregulatory Agenda

    U.S. Securities and Exchange Commission Chairman Paul Atkins said Tuesday that he hopes that moving quickly to adopt new rules deregulating the public and private markets will "future-proof" his agenda against potential tampering by succeeding presidential administrations.

  • October 07, 2025

    Copyright Chief Says DC Circ. Decision Bars Removal

    Shira Perlmutter has shot back at the government's arguments defending President Donald Trump's decision to fire her as head of the U.S. Copyright Office, saying the D.C. Circuit has said in her case that Trump likely never had the power to do so.

  • October 07, 2025

    Cos., Mass. Town End $50M Earth Removal Permit Bylaw Suit

    A construction supplies company and its quarry operator have agreed to permanently bring an end to their more than $50 million suit challenging a Massachusetts town's amended bylaw for earth removal permits that allegedly impeded the plaintiff's quarry operations, according to a stipulation of dismissal filed in Massachusetts federal court.

  • October 07, 2025

    Calif. Allows Tax Break For Solar Property Until Owner Change

    A California property tax exclusion for newly built solar energy systems that is set to end in 2027 will continue to apply until there is a change in a qualifying property's ownership under a bill signed by Democratic Gov. Gavin Newsom.

  • October 07, 2025

    FDIC, OCC Rule Proposals Seek To Rein In Bank Supervision

    Federal banking regulators on Tuesday unveiled a pair of proposed curbs on their supervision programs that would formally ban the use of reputation risk as an exam factor and constrain what examiners can call out for criticism as an "unsafe or unsound" practice.

  • October 06, 2025

    High Court Declines Challenge To Ore. Secret Recording Ban

    The U.S. Supreme Court on Monday refused to take up conservative media group Project Veritas' First Amendment challenge to an Oregon law prohibiting secret audio recordings of people's conversations, leaving in place a Ninth Circuit ruling upholding the measure. 

  • October 06, 2025

    New H-2A Wage Rule May Worsen Farm Labor Shortages

    A new regulation revamping wage calculations for workers on temporary H-2A visas is being welcomed by agricultural employers, but the possibility of depressed wages could tie up the policy in litigation at a time when the Trump administration is predicting farm labor shortages.

  • October 06, 2025

    OCC To Ease Exams, Simplify Licensing For Smaller Banks

    The Office of the Comptroller of the Currency moved Monday to ease its oversight of banks with under $30 billion in assets, rolling out policy changes that include cutting back on their exam requirements and potentially expanding their access to expedited licensing options.

  • October 06, 2025

    Justices Hint At Barring Del. Med Mal Law In Federal Court

    The U.S. Supreme Court on Monday appeared to side with a retired attorney's position that a Delaware medical malpractice statute clashes with federal rules of procedure and is therefore unenforceable in federal court, with several justices saying the law appears to be an improper procedural requirement.

  • October 06, 2025

    Justices Urged To Leave Trans Passport Ban On Ice

    Two classes of transgender and nonbinary people urged the U.S. Supreme Court on Monday to reject the Trump administration's bid to lift a nationwide order that requires it to continue issuing passports that reflect the holders' gender identity, saying the proposed policy change is a textbook example of an unreasoned decision.

  • October 06, 2025

    ​​​​​​​Broadcasters Say FCC Can Nix Nat'l Ownership Cap. It's Iffy

    Top TV station chains insist the Federal Communications Commission has clear authority to scrap a decades-old cap on national audience share controlled by any one company. But they're wading into a murky legal area almost certain to prompt a flood of litigation.

  • October 06, 2025

    ICE Accused Of Silencing Press And Protesters In Chicago

    Chicago-area journalists and demonstrators on Monday sued the Trump administration in Illinois federal court, alleging in a proposed class action that federal agents in full combat gear have been violently violating their First Amendment rights to protest peacefully and report news.

  • October 06, 2025

    DC Circ. Grills Feds Over Expedited Removal Procedures

    A D.C. Circuit judge on Monday pressed the government about the procedures in place for ensuring noncitizens who are ineligible for expedited removal aren't deported, noting a dearth of evidence about their sufficiency.

  • October 06, 2025

    FCC Eyes Creating 'Assembly Line' For Space Licensing

    The Federal Communications Commission plans to streamline space licensing by setting up an "assembly line" to clear paperwork faster, the agency's chief said Monday.

Expert Analysis

  • Rising USCIS Denials May Signal Reverse On Signature Policy

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    Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • 2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits

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    A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.

  • How FDIC Appeals Plan Squares With Fed, OCC Processes

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    The Federal Deposit Insurance Corp.'s recent proposal to revise its appeals process merits a fresh comparison to the appeals systems of the Federal Reserve and Office of the Comptroller of the Currency, and would provide institutions with greater transparency and independence, say attorneys at Alston & Bird.

  • How GILTI Reform Affects M&A Golden Parachute Planning

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    Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.

  • SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'

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    The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.

  • Restored Charging Project Funds Revive Hope For EV Market

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    While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

  • A Changing Playbook For Fighting Records Requests In Del.

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    The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.

  • Tesla Verdict May Set New Liability Benchmarks For AV Suits

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    The recent jury verdict in Benavides v. Tesla is notable not only for a massive payout — including $200 million in punitive damages — but because it apportions fault between the company's self-driving technology and the driver, inviting more scrutiny of automated vehicle marketing and technology, says Michael Avanesian at Avian Law Group.

  • Insuring Against FCA Risk In Shifting Trade Landscape

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    In today's heightened trade enforcement environment, companies should proactively assess whether their insurance programs are positioned to respond to potential False Claims Act or customs-related claims, including reviewing directors and officers, professional liability, and representations and warranties policies for key terms, say attorneys at Pillsbury.

  • What To Expect As Trump's 401(k) Order Materializes

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    Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.

  • Demystifying The Civil Procedure Rules Amendment Process

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    Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.

  • RI Menopause Law Brings New Considerations For Employers

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    Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.

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