Public Policy

  • June 27, 2025

    Greystar, Landlords Push To Toss DOJ's RealPage Suit

    Greystar Management Services LLC and several other landlords urged a North Carolina federal court to toss a rent price-fixing suit lodged by the federal government and multiple states, arguing in part that they have failed to provide specifics for their antitrust claims.

  • June 27, 2025

    Full 5th Circ. To Hear Planned Parenthood Atty Immunity Row

    The full Fifth Circuit will rehear a panel's decision concluding that Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improperly billing Medicaid programs.

  • June 27, 2025

    Trump Ends Canada Trade Talks Over Digital Services Tax

    The U.S. is ending trade negotiations with Canada because of the country's digital services tax, President Donald Trump said Friday, days before tech giants are due to file their first returns for the 3% charge on revenues they earn from Canadians.

  • June 27, 2025

    Colo. Appeals Court Clarifies Meaning Of Molotov Cocktail

    A Colorado state appeals court has ruled for the first time on the interpretation of state laws around explosives and incendiary devices, stating that lawmakers "intended 'explosive' to carry the same meaning as 'incendiary device.'"

  • June 27, 2025

    Parolees Say Feds Not Processing Benefits As Required

    Noncitizens challenging the Trump administration's termination of Biden-era parole programs called on a Massachusetts federal judge to make the government explain how it's not violating a court order to restore processing of their immigration benefits requests.

  • June 27, 2025

    Hawaii Groups Look To Block Monument Fishing Permits

    Three conservation groups are looking to set aside an April decision by the Trump administration that gave the go-ahead for permit holders to commercially fish in the waters of a Pacific Coast national monument, telling a Hawaii federal court that destructive fishing has already started in the 400,000-square-mile site.

  • June 27, 2025

    Groups Sue To Protect Everglades From 'Alligator Alcatraz'

    Environmental groups sued Homeland Security Secretary Kristi Noem and Florida officials Friday in Miami federal court in a bid to halt the construction of a migrant detention center known as "Alligator Alcatraz" in the Everglades, alleging it wasn't properly vetted for how it will impact the protected wetlands.

  • June 27, 2025

    Texas Justices Give Uri MDL Plaintiffs Chance To Replead

    The Texas Supreme Court on Friday said that thousands of plaintiffs in a multidistrict litigation stemming from winter storm Uri in 2021 could replead their gross negligence claims against transmission and distribution utility providers, giving them a chance to revive their long-running dispute over the crippling winter storm.

  • June 27, 2025

    Financial Regulators Say Banks Can Use Third-Party TIN Info

    Financial regulators on Friday said banks can collect tax identification number information from third parties, rather than just from their customers, pointing to changes in banking since the requirement was enacted under the USA PATRIOT Act.

  • June 27, 2025

    Utilities Can Depose Regulator Who Erased Texts, Judge Says

    A Connecticut judge has ruled the head of the Connecticut Public Utilities Regulatory Authority who deleted text messages included in a discovery request can be deposed by the energy companies that brought the request in their suits seeking to recover millions in revenue deficiencies.

  • June 27, 2025

    Feds Seek 3rd Circ. Stay Of Columbia Grad's Release Order

    The federal government has asked the Third Circuit to stay a New Jersey judge's order that released Columbia University graduate Mahmoud Khalil on bond, arguing that the district court lacked jurisdiction over the immigration issue and Khalil's habeas filing.

  • June 27, 2025

    Grassley Plots Next Moves After Nationwide Injunction Ruling

    Following the U.S. Supreme Court's decision Friday significantly limiting federal judges' ability to issue injunctions affecting parties outside a case, Senate Judiciary Committee Chairman Chuck Grassley is gearing up to further rein in judges with the Republicans' budget bill and standalone legislation.

  • June 27, 2025

    DOL Says No More Liquidated Damages In Wage-Hour Probes

    The U.S. Department of Labor said Friday it would no longer seek liquidated damages in wage and hour investigations, marking a shift away from its approach under the Biden administration. 

  • June 27, 2025

    Afghan Can't Halt Removal In Biden-Era Asylum Rule Suit

    A D.C. federal judge has denied a bid by an Afghan asylum-seeker to stay his imminent removal while he challenges a Biden-era rule allowing asylum officers to quickly deny requests if a mandatory bar to asylum exists.

  • June 27, 2025

    FDIC, OCC Join Fed In Pitching Plan To Ease Leverage Rule

    A Federal Reserve-backed proposal to relax a key leverage rule for the nation's biggest banks moved forward to the public comment stage Friday after securing approvals from the Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency.

  • June 27, 2025

    Feds Say Minn. 'Jumped The Gun' In Trans Athlete Policy Suit

    The Trump administration is looking to snuff out a Minnesota lawsuit over its threats to pull federal funds in connection with the state's transgender athlete policies, telling a federal judge that the challenge is premature because no final action has been decided.

  • June 27, 2025

    DC Judge Says Teen Health Projects Can 'Shutter' Temporarily

    Five Planned Parenthood affiliates will not be irreparably harmed by changes to federal guidance for teen health programs instructing grantees to demonstrate alignment with executive orders from the Trump administration rejecting transgender identity and diversity programs, a D.C. federal judge has ruled.

  • June 27, 2025

    Wireless Co. Says Feds Breached 'Rip And Replace' Promise

    Illinois-based SI Wireless LLC told a Court of Federal Claims judge the U.S. government breached a promise to reimburse it for removing Chinese-made equipment deemed a national security risk from its telecommunications network and has failed to follow through with nearly $157 million in payments.

  • June 27, 2025

    No Federal Agency Can Enforce WilmerHale EO, Judge Says

    A D.C. federal judge on Thursday amended his decision in the WilmerHale executive order litigation, clarifying amid disagreement among the parties that the underlying executive order cannot be enforced by any federal agency.

  • June 27, 2025

    US, China Finalize Part Of Trade Agreement

    The U.S. and China recently finalized an agreement to remove certain American trade barriers in exchange for jumpstarting critical Chinese export approvals, according to remarks made by Chinese government officials Friday.

  • June 27, 2025

    Idaho Justices Dismiss Suit Over Skier's Death On Slopes

    The Idaho Supreme Court has dismissed a widow's suit against Sun Valley Co. alleging the company was negligent and liable for the death of her husband from hitting a snow machine while skiing, finding that the machine was clearly marked in keeping with state law, and the skier had assumed the risks of the sport.

  • June 27, 2025

    UK Joins Arbitration Appeals Alternative Amid WTO Paralysis

    The U.K. has officially joined a World Trade Organization-led contingency plan designed to keep the door open for appeals in international trade disputes, despite the continued dormancy of the WTO Appellate Body.

  • June 27, 2025

    Newsom Sues Fox News Over Alleged Lies About Trump Call

    California Gov. Gavin C. Newsom hit Fox News with a defamation suit in a Delaware court Friday, seeking $787 million in damages for the network's alleged "smearing" of him in reports on a dispute over details of the Democratic governor's June 6 phone call with President Donald Trump.

  • June 27, 2025

    3 DOL Policy Shifts On Benefits Attys' Radar

    Since President Donald Trump's administration took over in January, the U.S. Department of Labor has changed its tack on several issues related to employee benefits. Here, Law360 looks at three moves that caught lawyers' attention.

  • June 27, 2025

    DOJ Tax Division To Split Criminal, Civil Units, Official Says

    The U.S. Department of Justice aims to finalize a reorganization plan for its Tax Division by summer's end that would separate the criminal and civil tax functions and relocate them to the department's main branches, a department official said Friday.

Expert Analysis

  • Fledgling Crypto ATM Regs May Be Due For A Growth Spurt

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    As cryptocurrency ATM use and availability become more prevalent within the U.S. financial services ecosystem, states — only a few of which currently have a crypto ATM framework — may need to consider expanding legislation and regulation to accelerate consumer fraud protection practices, says Jason Noto at Polsinelli.

  • The Legal Risks Of US Restrictions On Investments In China

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    The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.

  • How Trucking Cos. Can Keep Rolling Under Tariff Burdens

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    Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.

  • UK May Play Major Role In Corporate Misconduct Regulation

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    In light of the U.S.' pause in Foreign Corrupt Practices Act enforcement, the U.K. Serious Fraud Office has released new guidance showing it may seize the opportunity to play a heightened role in regulating corporate misconduct by U.S. companies with a global presence, particularly over the next few years, say attorneys at Paul Weiss.

  • Tariff Strategies For The US Renewable Energy Sector

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    The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • Opinion

    Why It's Time To Retire The Efficient Market Hypothesis

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    As agentic artificial intelligence systems increasingly affect financial markets, the efficient market hypothesis no longer offers a viable foundation for legal and regulatory engagement, and a new theoretical foundation is needed, say Zachary Brenner, a student at California Western School of Law, and attorney Gary Brenner.

  • Avoiding The Risk Of Continued AI-Washing Enforcement

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    A recent action brought by the U.S. Securities and Exchange Commission and Department of Justice, alleging a software developer defrauded investors by lying about his app’s artificial intelligence capabilities, suggests this administration will continue to target AI washing, so companies should adopt practices to mitigate enforcement risk, say attorneys at Debevoise.

  • 4 Ways Slater Is Priming DOJ For Continued Antitrust Success

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    Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.

  • 3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill

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    As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.

  • Key Aspects Of FDIC's Resolution Planning FAQ

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    The Federal Deposit Insurance Corp.'s recent FAQ on changes to its resolution plan rule ease burdensome requirements for some large institutions and exempt others from discussion of franchise components, making it easier for banks to finalize submissions before the July 1 deadline, say attorneys at Moore & Van Allen.

  • Why Texas Should Slow Down On Healthcare Merger Bills

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    More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.

  • As Tariffs Hit The Radar, PE Counsel Should Review Strategies

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    As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.

  • Trump Rule Would Upend Endangered Species Status Quo

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    The Trump administration's recent proposal to rescind the regulatory definition of "harm" in the Endangered Species Act would be a tectonic shift away from years of established regulatory practice, with major implications for both species protection and larger-scale conservation efforts, says David Smith at Manatt.

  • DOJ Memo Raises Bar For Imposition Of Corporate Monitors

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    A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership’s concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.

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