Public Policy

  • May 14, 2025

    Mont. Court Blocks 'Ideological' Transgender Youth Care Ban

    A Montana judge on Tuesday struck down a state statute that banned gender-affirming care for minors, holding that the state's interest is "ideological rather than medical" and violates the constitutional rights of transgender youth seeking gender-affirming care and of healthcare professionals who provide it.

  • May 14, 2025

    Connecting With Friends Becoming 'Secondary,' FB Head Says

    The head of Facebook acknowledged in D.C. federal court Wednesday that Meta Platforms Inc.'s original application remains focused heavily on sharing with friends, but, despite Federal Trade Commission claims it's monopolized that business, said social media has evolved so much that those connections are no longer the platform's "main character."

  • May 14, 2025

    DOJ Tells Judge It's Reshaping, Not Killing, Detainee Legal Aid

    A D.C. federal judge suggested he might need more in an administrative record to decide whether to reinstate government-backed legal assistance programs for detained noncitizens after a late filing from the feds suggested congressionally appropriated funds would still go out but to different recipients.

  • May 14, 2025

    Judge Questions Harm In Suit Over CPB Board Terminations

    A D.C. federal judge on Wednesday seemed unconvinced that Corporation for Public Broadcasting members purportedly ousted by President Donald Trump are facing the sort of irreparable harm that warrants blocking their firings, questioning whether the nonprofit corporation could take other measures to fill its leadership.

  • May 14, 2025

    CFPB Junks Plans For Data Broker, Contract Clause Rules

    The Consumer Financial Protection Bureau said Wednesday that it is mothballing several more Biden-era regulatory initiatives, calling off planned rules that would have, among other things, required data brokers to comply with credit reporting-style protections.

  • May 14, 2025

    Labor Groups Sue HHS Over Workplace Safety Agency Cuts

    Unions representing employees in the nursing, education, mining and manufacturing industries on Wednesday sued the U.S. Department of Health and Human Services and Secretary Robert F. Kennedy Jr. in Washington, D.C., federal court over efforts to gut an agency tasked with protecting workers' health and safety.

  • May 14, 2025

    ICE Policy Tweak Won't Fix Harm To F-1 Students, Judge Says

    A California federal judge issued an injunction Wednesday in multiple cases challenging the Trump administration's termination of foreign students' F-1 visa records, rejecting the government's arguments that its recent policy change eliminates the likelihood students will be irreparably harmed, but he held off on deciding whether to grant nationwide relief.

  • May 14, 2025

    Judge Hints At Shielding Docs Of Live Nation Competitors

    The California federal judge overseeing claims from concertgoers accusing Live Nation of violating antitrust law is likely to grant a request from ticketing rivals to protect documents the rivals say could facilitate the very conduct at issue in the case.

  • May 14, 2025

    Virginia Judge Orders ICE To Release Georgetown Academic

    A Virginia federal judge on Wednesday ordered the release of a Georgetown University fellow that the Trump administration detained and initiated removal proceedings against while his habeas case is pending.

  • May 14, 2025

    9th Circ. Doubts Wash. Anti-Vaxxers' Stance In Med Board Suit

    A Ninth Circuit judge expressed skepticism on Wednesday that the federal appellate court could revive Robert F. Kennedy Jr.'s suit against the Washington Medical Commission for initiating disciplinary proceedings against physicians who publicly aired anti-vaccination views, pointing out that federal courts generally "don't interfere" with ongoing state litigation.

  • May 14, 2025

    HUD Allocates $1.1B For Tribal Affordable Housing Initiatives

    The U.S. Department of Housing and Urban Development will allocate more than $1.1 billion in Indian Housing Block Grant funding to support affordable housing efforts in Native American tribal communities, HUD announced Tuesday.

  • May 14, 2025

    USDA Says Native Villages Aren't Tribal Land In $70M Dispute

    The U.S. Department of Agriculture is standing by its assertion that two Native Alaskan villages are not tribal lands in the same way as reservations in its bid to convince a court to side with it in a fight over $70 million in broadband funds the agency is accused of wrongly giving away.

  • May 14, 2025

    Ga. Justices Consider Sovereignty In Telecom Permits Case

    Georgia's justices were urged by the state Wednesday to overturn a trial court order granting summary judgment to telecommunications providers that sued to enforce prior contracts with the Georgia Department of Transportation that did not include increased permitting fees.

  • May 14, 2025

    5th Circ. Declines To Rehear SEC's Kroger Proxy Decision

    The Fifth Circuit on Wednesday declined to rehear conservative shareholders' case against the U.S. Securities and Exchange Commission over a shareholder proposal from Kroger Co.'s 2023 ballot, following a November opinion that rejected the shareholders' challenge.

  • May 14, 2025

    Colo. Justices Leery Of Speaker's Motive In Anti-SLAPP Test

    The Colorado Supreme Court on Wednesday pressed a veterinary clinic on its position that courts should consider a speaker's motivations to determine if their comments involve issues of public interest, with some justices wondering if that would create too high a bar to trigger an anti-SLAPP law.

  • May 14, 2025

    Gaming Co. Asks High Court To Undo Wash. Compacts' Order

    A casino owner and operator is asking the U.S. Supreme Court to undo a Ninth Circuit ruling that dismissed its challenge to Washington state tribal gaming compacts, arguing the case implicates an acknowledged conflict about the interplay of the Administrative Procedure Act.

  • May 14, 2025

    FCC Cuts Deal With Fla. Pirate Radio Operator

    The Federal Communications Commission has cut a deal with a man it accused of running an unauthorized radio station in Broward County, Florida, which requires him to pay a small fine and stop the illegal broadcasts in exchange for avoiding a stiffer penalty.

  • May 14, 2025

    Lawmakers Line Up To Unwind Trump's 'Chaotic' IEEPA Tariffs

    Nearly 150 members of Congress have thrown their support behind 12 state attorneys general suing to halt the Trump administration's "emergency" tariffs, arguing they far exceed the statutory authority of a president.

  • May 14, 2025

    Interior Policy Aims To Shorten Oil And Gas Leasing Reviews

    The U.S. Department of the Interior has unveiled a new policy that attempts to speed up oil and gas leasing on public lands by cutting the amount of time spent reviewing the suitability of potential leasing areas.

  • May 14, 2025

    DC Judge Halts Trump Order Axing State Dept. Union Rights

    The U.S. State Department can't carry out President Donald Trump's executive order gutting collective bargaining rights for federal workers, a D.C. federal judge ruled Wednesday, finding the American Foreign Service Association is likely to show the directive went beyond the president's powers.

  • May 14, 2025

    House Panel To Fold $3.8T Tax Overhaul Into Budget Package

    The House Budget Committee has scheduled a vote Friday on legislation that would combine the House Ways and Means Committee's $3.8 trillion tax bill with the work of other House committees as part of the fiscal 2025 budget reconciliation bill. 

  • May 14, 2025

    Abbott Signs Bill Codifying Immunity For Corporate Execs

    Texas Gov. Greg Abbott on Wednesday signed into state law a corporate reform bill that codifies the "business judgment rule," which provides immunity for corporate directors from personal liability for company decisions.

  • May 14, 2025

    8th Circ. Dismisses North Dakota Native Voting Rights Dispute

    An Eighth Circuit panel vacated a North Dakota Native American voting rights dispute over whether the state's legislative body's drawing of redistricting maps violated federal law on Wednesday, saying parties don't have a private right to sue state officials over dilution claims under the Civil Rights Act.

  • May 14, 2025

    Wisconsin Lake Homeowners Amend Tribal Tax Burden Suit

    Four lake homeowners and an association have amended a suit against local governments in the Menominee reservation in northern Wisconsin, claiming the tribe has sought to grow the amount of tax-exempt land while leaving owners of taxable homes to pay more than their fair share. 

  • May 14, 2025

    Harvard Researcher Charged With Smuggling Amid ICE Case

    Federal prosecutors on Wednesday unsealed criminal smuggling charges against a Russian national and Harvard Medical School researcher who has been challenging her monthslong detention by U.S. Immigration and Customs Enforcement after she returned to the U.S. from Europe carrying frog embryos.

Expert Analysis

  • Jurisdiction Argument In USAID Dissent Is Up For Debate

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    A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.

  • How Importers Can Minimize FCA Risks Of Tariff Mitigation

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    False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.

  • Explaining CFPB's Legal Duties Under The Dodd-Frank Act

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    While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.

  • State Securities Enforcers May Fill A Federal Enforcement Gap

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    The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • 10 Practical Takeaways From FDA's Biopharma AI Guidance

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    Recent guidance from the U.S. Food and Drug Administration provides much-needed insight on the usage of artificial intelligence in producing information to support regulatory decision-making regarding drug safety, with implications ranging from life cycle maintenance to AI tool acquisition, say attorneys at Covington.

  • Making The Opportunity Zones Program Great At Last

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    As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.

  • What Rodney Hood's OCC Stint Could Mean For Banking

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    Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • 4 Actions For Cos. As SEC Rebrands Cyber Enforcement Units

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    As the U.S. Securities and Exchange Commission signals its changing enforcement priorities by retooling a Biden-era crypto-asset and cybersecurity enforcement unit into a task force against artificial-intelligence-powered hacks and online investing fraud, financial institutions and technology companies should adapt by considering four key points, say attorneys at Troutman.

  • High Court Water Permit Ruling Lacks Specificity

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    The enforcement impact of the U.S. Supreme Court’s recent decision in San Francisco v. U.S. Environmental Protection Agency may not be significant, because while the ruling makes clear that certain water permit provisions must instruct permittees on how to achieve stated goals, it doesn’t clarify the level of necessary instruction, says Daniel Deeb at ArentFox Schiff.

  • Deportation Flights May End Up A Legal And Strategic Error

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    Officials in the Trump administration could face criminal contempt charges if a D.C. judge finds that they flouted his orders last weekend to halt deportation flights to El Salvador, which could ultimately make mass deportations more difficult — and proving noncompliance a self-defeating strategy, says Ethan Greenberg at Anderson Kill.

  • Mitigating The Risk Of Interacting With A Designated Cartel

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    There are steps companies doing business in Latin America should take to mitigate risks associated with the Trump administration's designation of several cartels as foreign terrorist organizations and the terrorism statute's material-support provisions, which may render seemingly legitimate transactions criminal, say attorneys at Covington.

  • How Health Cos. Can Navigate Data Security Regulation Limbo

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    Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.

  • Preparing For Tariffs On Canadian Power In The Northeast

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    The on-again, off-again risk of import and export tariffs on energy transactions between the U.S. and Canada may have repercussions for U.S. energy stakeholders in the ISO New England and New York Independent System Operator electricity markets — but there are options that could help reduce cost impacts, say attorneys at Husch Blackwell.

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