Public Policy

  • September 18, 2025

    Kimmel Controversy Sidetracks Broadband Permitting Hearing

    A U.S. House subcommittee looking into how to expedite broadband permitting struggled to stay on topic Thursday afternoon due to Democrats being hopping mad about late-night talk show host Jimmy Kimmel being pulled off the air.

  • September 18, 2025

    Ill. Justices Reverse Therapist's Fee Win Against Regulator

    Illinois' financial and professional regulator should not be ordered to pay attorney fees in connection with a therapist's successful bid to shield his notes from a doctor's administrative reinstatement hearing, the state's highest court ruled Thursday.

  • September 18, 2025

    SEC Eases Path For Crypto ETPs With New Listing Rules

    The U.S. Securities and Exchange Commission has eased a key part of the listing process for crypto exchange-traded products, and attorneys say the move may create a shorter path to market for years to come.

  • September 18, 2025

    Federal Vaccine Panel Votes To Tweak MMRV Recommendation

    A panel of federal vaccine advisers on Thursday changed its recommendation for a long-used vaccine for children but allowed a key government program to continue paying for the shots.

  • September 18, 2025

    Delaware Judge Calls For Civility After 'Annus Horribilis'

    In a rare postscript to her bench ruling this week, a Delaware vice chancellor lamented what she observed as a breakdown in the state bar's civility and mutual respect over the past "annus horribilis," comments that have since drawn cautious support and resonance with several in the First State's legal community.

  • September 18, 2025

    Arbitration Clauses Won't Protect IPOs From Investor Suits

    With the U.S. Securities and Exchange Commission greenlighting the use of mandatory arbitration clauses for newly public companies, securities litigation experts are waiting to see whether any company is willing to risk the almost inevitable legal blowback that will come with taking advantage of the policy.

  • September 18, 2025

    Trump's Georgia Case: Legal Experts On What Happens Next

    The 2020 Georgia election interference case against President Donald Trump and his co-defendants may be both "dead" and costly for taxpayers, legal experts told Law360, citing the expected reluctance of most prosecutors to take over the litigation and a new state law that allows criminal defendants to recover legal fees in certain circumstances.

  • September 18, 2025

    FCC Should Follow Exec Branch Policy, Commissioner Says

    As President Donald Trump continues to get more involved in the operations of independent federal agencies, a member of the Federal Communications Commission said Thursday the FCC needs to remain accountable to the executive branch.

  • September 18, 2025

    Alaska Asks Justices To End Feds' Subsistence Fishing Regs

    The state of Alaska is urging the U.S. Supreme Court to step into its dispute with the federal government and Native American groups over fishing regulations in its navigable waters, challenging a Ninth Circuit ruling that barred the state from opening part of the Kuskokwim River to all fishers.

  • September 18, 2025

    Ex-La. Prosecutor Convicted In Pretrial Program Bribery Case

    A former Lafayette assistant district attorney was convicted Thursday in Louisiana federal court of bribery and other charges for conspiring to solicit kickbacks and accept bribes while overseeing the 15th Judicial District Attorney's Office's pretrial intervention program, according to the U.S. Attorney's Office.

  • September 18, 2025

    Texas Court Says Citizen Can't Intervene To Uphold Pot Law

    The citizen sponsor of a voter-approved marijuana decriminalization ordinance cannot intervene in the deal struck between the state attorney general and city of Elgin that declared the ordinance void, a Texas appeals court ruled, saying the advocate doesn't have standing.

  • September 18, 2025

    Dems Demand DOJ Explain Binance Plea Deal Compliance

    U.S. Sen. Elizabeth Warren and two of her Democratic colleagues have asked U.S. Attorney General Pam Bondi for information on Binance's compliance with its 2023 plea agreement stemming from anti-money laundering lapses, pointing to President Donald Trump's ties to the crypto exchange.

  • September 18, 2025

    DC Circ. Judge Says PJM Monitor May Have 'Hint Of Paranoia'

    The D.C. Circuit didn't seem so sure Thursday morning that the Federal Energy Regulatory Commission was flouting the rules by denying an independent market monitor access to its liaison committee meetings, with one judge saying the monitor seemed to be exhibiting a "hint of paranoia."

  • September 18, 2025

    7th Circ. Judge Wary Of Ex-Firefighter's Free Speech Position

    A Seventh Circuit judge on Thursday said an attorney for a former Chicago firefighter seeking to revive a suit claiming he was unlawfully fired for a series of memes and other statements posted on Facebook seemed to be making a "hyperbolic" argument that public employers cannot regulate speech outside the workplace.

  • September 18, 2025

    2nd Circ. To Weigh EFTA's Scope In NY's Citi Wire Fraud Case

    The Second Circuit has granted Citibank's request for an appeal in its fight with New York Attorney General Letitia James over the bank's response to incidents of online wire transfer fraud, agreeing to review whether key federal consumer protections for electronic payments apply to wire transfers initiated over the internet.

  • September 18, 2025

    Calif. Slams Truck-Makers' Bid To Block Emissions Regs

    California has told a federal judge that truck manufacturers seeking to renege on their commitments to follow stringent state emissions standards for heavy-duty trucks in the coming years aren't entitled to an injunction now, and the Trump administration cannot bulldoze California into falling in line.

  • September 18, 2025

    Fed. Circ. Hears 'Settled Expectations' Are 'Lawless' In IP Feud

    SanDisk Technologies Inc. and its former parent have become the latest challengers at the Federal Circuit to the U.S. Patent and Trademark Office's discretionary denial practices, taking aim at its acting director's holdings that patent owners eventually have the right to assume their patents won't be challenged.

  • September 18, 2025

    DC Judge Included In Senate's Bloc Confirmation

    A judge for the Superior Court of Washington, D.C., was confirmed on Thursday as part of the en bloc confirmation of 48 nominees to various positions following Republicans voting in favor of changing the rules.

  • September 18, 2025

    Groups Look To Block EPA's $3B Grant Cuts Amid Appeal

    Conservation, tribal groups, and local and county governments are looking to block the U.S. Environmental Protection Agency from terminating a $3 billion climate grant program while they appeal a decision that dismissed their claims, arguing that public interest and equities weigh heavily in their favor.

  • September 18, 2025

    FTC Greenlights Amazon Prime Trial For Next Week

    A Seattle federal judge has cleared the Federal Trade Commission's consumer protection case against Amazon to go to trial on Monday, finding the company violated at least one requirement of an e-commerce law, yet jurors must still decide if it clearly disclosed Prime subscription terms to users and offered simple cancellation methods.

  • September 18, 2025

    HHS Shutters Miami Organ Donor Org. For 'Unsafe' Practices

    Federal health officials have decertified a Miami-based organ procurement organization that arranges organ donations after an investigation found a pattern of "unsafe" practices, marking the first time the federal government has revoked the certification of such a group, according to an announcement Thursday from Health Secretary Robert F. Kennedy Jr. 

  • September 18, 2025

    IRS Discloses Details On ICE Agreement In Data Sharing Row

    The U.S. government disclosed additional details Thursday on the agreement between the IRS and immigration enforcement authorities to share confidential tax return information, including who had necessary permissions to access the disclosures, following a D.C. federal judge's order in a lawsuit seeking to end the interagency data sharing.

  • September 18, 2025

    Army Challenges Tribe's Claims In Burial Dispute At 4th Circ.

    The U.S. Army told the Fourth Circuit this week that a tribe seeking the repatriation of remains from a former Pennsylvania Native American boarding school was wrong to claim that it couldn't find living relatives of the entombed children, citing a news article pointing to the existence of those relatives.

  • September 18, 2025

    9th Circ. Won't Stay Venezuelans' TPS Win Amid Feds' Appeal

    The Ninth Circuit denied on Wednesday the Trump administration's latest emergency-stay request, which would have let the government continue to unwind temporary protected status for 600,000 Venezuelans as it challenges its summary-judgment loss on appeal, rejecting the government's argument that the U.S. Supreme Court's prior stay ruling in the case controls.

  • September 18, 2025

    Gov't Told GPS Signal Jamming Growing Far Worse

    More than a dozen trade groups banded together to tell federal agencies that GPS signal jamming is a growing concern to U.S. industries in international waters and airspace.

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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