Public Policy

  • September 17, 2025

    4th Circ. Won't Revisit $9M Nurse Misclassification Ruling

    The Fourth Circuit will not reconsider a panel decision keeping in place a $9 million judgment against a medical staffing company the U.S. Department of Labor accused of misclassifying more than 1,000 nurses as independent contractors, the appeals court said.

  • September 17, 2025

    Retired Judges Speak Out On 'Threats' To Constitution

    More than 40 retired federal judges appointed by presidents of both parties released an open letter Wednesday, the anniversary of the signing of the Constitution, saying they sought to underscore the importance of the rule of law at a time when the nation's ideals "are under historic strain."

  • September 16, 2025

    Calif. Gov. Taps Consultancy Exec For Privacy Agency Board

    A business executive and consultant with "extensive leadership experience" in data privacy and corporate governance has been picked to sit on the five-member board that governs the California Privacy Protection Agency, the regulator said Monday. 

  • September 16, 2025

    Dr.'s COVID Falsehoods Are Free Speech, Wash. Panel Says

    A Washington state appeals court unanimously ruled Tuesday that the Washington Medical Commission overstepped its authority by punishing a doctor for COVID-19 falsehoods he published to his blog, but affirmed the commission's decision to discipline him for prescribing ivermectin to COVID-19 patients.

  • September 16, 2025

    Okla. Town Looks To Toss Tribe's Casino Utility Dispute

    Hinton, Oklahoma, is looking to toss a lawsuit by the Delaware Nation claiming the town illegally threatened to cut off municipal utility services to a tribal casino after an agreement expired, telling a federal court Tuesday that it doesn't have jurisdiction because the controversy is local.

  • September 16, 2025

    'It's Confidential': Judiciary Chair Mum On Court System Strife

    The federal judiciary's leaders heard sharp criticism at a private meeting Tuesday regarding the U.S. Supreme Court's increasing willingness to block lower court decisions, according to remarks released publicly, and one of those leaders subsequently deflected requests for details during an official briefing.

  • September 16, 2025

    DOJ Fights Court Order To Reinstate NCUA Board Members

    The Trump administration has told the D.C. Circuit that the president had the right to remove two National Credit Union Administration board members at will, and that a lower court was wrong to reinstate them and read extra job protections into the law.

  • September 16, 2025

    NC Justices Hear Clash Over Property Compensation Suits

    Landowners' cases challenging their payouts for seized property threaten to upend North Carolina's jurisprudence, bury it in litigation and overly inflate damages owed if lower courts' rulings are left undisturbed, the state's Supreme Court was told Tuesday.

  • September 16, 2025

    Strip Club Execs Accused Of Bribing Auditor With Lap Dances

    Executives of strip club operator RCI Hospitality Holdings Inc. bribed a tax auditor for more than a decade to avoid paying $8 million in New York City sales taxes, providing him free trips to Florida strip clubs and expensive lap dances, the state of New York alleged Tuesday.

  • September 16, 2025

    Texas Judge Denies TRO To Stop City Raids On Hemp Shop

    A Texas city doesn't have to return $400,000 in cannabis products it took from a smoke shop during a raid that the retailers claim leaned on faulty THC testing and false information, a federal judge ruled Wednesday, saying it is inappropriate for him to intervene in an ongoing state court criminal case.

  • September 16, 2025

    Ky. Judge Backs Fed's Debit-Fee Cap In Split With ND Ruling

    A Kentucky federal judge on Monday upheld a Federal Reserve Board cap on debit-card swipe fees that a local merchant challenged as overly generous to banks, breaking with a North Dakota federal court that recently rejected the same regulation.

  • September 16, 2025

    Conn. Bars Masked Agents, Warrantless Arrests In Its Courts

    State and federal law enforcement officers are barred from wearing face masks or making warrantless arrests in Connecticut state courts under a policy that took effect Tuesday.

  • September 16, 2025

    Texas AG Probes Glass Lewis, ISS On ESG Advice

    The Texas Office of the Attorney General launched an investigation into Glass Lewis & Co. and Institutional Shareholder Services Inc., claiming Tuesday the proxy advisory firms misled public companies and institutional investors to push for left-wing social causes.

  • September 16, 2025

    Mich. Judge Mulls Legislative Purpose Of Ballpark Earmarks

    A Michigan judge deciding whether to halt the disbursement of state budget funds earmarked for two minor league baseball stadiums said Tuesday he was hung up on how to determine if the spending was intended for a local or general purpose.

  • September 16, 2025

    Coinbase Asks DOJ To Push For Preemption In Crypto Bills

    Crypto exchange Coinbase has asked the U.S. Department of Justice to advocate for limiting states' authority to regulate the digital asset space in pending crypto market structure legislation, as Coinbase itself continues to battle state actions and navigate disparate licensure regimes.

  • September 16, 2025

    FTC Ends Director Overlap In Healthcare Space

    The Federal Trade Commission said three members of Sevita Health's board of directors resigned after enforcers flagged an overlap with the board of a competing provider of specialty healthcare for people with intellectual and developmental disabilities.

  • September 16, 2025

    NC Tells 4th Circ. New E-Cig Regs Fit With Federal Law

    The state of North Carolina is asking the Fourth Circuit to shut down a bid by vaping interests to block a new law giving state tax officials the ability to fine companies for selling vapes not authorized by federal regulators, saying the authority to do so is preserved by the Family Smoking Prevention and Tobacco Control Act.

  • September 16, 2025

    White House Fights Seattle's Bid To Block DEI Grant Rules

    The Trump administration on Tuesday called on a Washington federal judge to let it proceed with federal grant conditions forcing recipients to drop efforts related to diversity and "gender ideology," contending that Seattle is challenging the terms based on mere speculation that the city may one day be targeted for "hypothetical noncompliance."  

  • September 16, 2025

    DOE Asks Judge To Pull Plug On States' Cost Cap Suit

    The U.S. Department of Energy has asked an Oregon federal judge to toss a New York-led lawsuit challenging a new policy that would cap certain overhead costs under energy assistance awards, arguing the change falls within its discretionary authorities.

  • September 16, 2025

    Trump Admin Says Judge Can't Protect Agency Union Pacts

    If six federal agencies accept President Donald Trump's invitation to cancel their union contracts, a D.C. federal judge cannot intervene, the Trump administration has argued, claiming that the unions must bring their fight to protect the contracts to a federal labor-management relations agency, not a judge.

  • September 16, 2025

    Ex-Officials Say Harvard Visa Ban Will Hurt US Security

    Twenty-one former senior national security officials urged the First Circuit on Monday to uphold an injunction letting Harvard enroll international students on F-1 visas, saying the administration's attempt to bar the university from doing so is retaliatory and will drive foreign talent away.

  • September 16, 2025

    'Incurably Premature': Suit Over Alleged EB-5 Rule Tossed

    A Seattle federal judge on Monday tossed an immigrant investor's lawsuit challenging an allegedly arbitrary action that resulted in U.S. Citizenship and Immigration Services revoking her visa petition, saying she could not sue since she did not first exhaust administrative remedies.

  • September 16, 2025

    Federal Court Reporter Beats Transcript Omission Claim

    A court reporter for an Illinois federal judge Tuesday defeated a lawsuit brought by a pro se plaintiff alleging she failed to transcribe part of a hearing and left out statements that would be damaging to the judge in an underlying employment dispute.

  • September 16, 2025

    FCC Tells 1st Circ. It Will Revamp Prison Phone Caps In Oct.

    The First Circuit has declined to hold off a court challenge to the Federal Communications Commission's recently adopted prison phone rate caps despite the agency saying it plans to rework the rules in October.

  • September 16, 2025

    DC Circ. Urged To Rehear EPA's HFC Market Allocation Case

    A Georgia refrigerants company is asking for another shot to challenge the U.S. Environmental Protection Agency's implementation of a 2020 law mandating an 85% reduction in hydrofluorocarbon consumption by 2036, requesting an en banc rehearing from the D.C. Circuit after a panel unanimously rejected its challenge last month.

Expert Analysis

  • Opinion

    Fla. Misses Opportunity To Rectify Wrongful Death Damages

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    Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.

  • Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions

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    The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.

  • Budget Act Should Boost Focus On Trade Compliance

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    Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.

  • NY Bill Would Complicate Labor Law Amid NLRB Uncertainty

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    The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.

  • Trump Tax Law's Most Consequential International Changes

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    The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • How 6th Circ. Ruling Deepens Split On Broker Liability

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    A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.

  • How The Genius Act May Aid In Fight Against 'Pig Butchering'

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    ​​​​​​​The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.

  • Assessing Strategies For Mixed-Use Pro Sports Projects

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    Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.

  • Opinion

    Congressional Bid Protest Concerns Lack Evidence

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    The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.

  • Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop

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    There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.

  • Biosolid Contaminants Spawn Litigation, Regulation Risks

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    While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.

  • When Misconduct Can Trigger Bank Industry Employment Ban

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    The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.

  • Filing Clarifies FTC, DOJ's Passive Investment Stance

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    The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

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