Public Policy

  • May 01, 2025

    Okla. DAs Say Tribes Can't Overrule State Court Opinion

    Two Oklahoma district attorneys have urged a federal court to throw out Cherokee, Chickasaw and Choctaw nation lawsuits challenging the district attorneys' attempts to prosecute tribal citizens for crimes committed in Indian Country, arguing that their complaints wrongly seek to overturn a state criminal court opinion.

  • May 01, 2025

    3rd Circ. Unsure Defunct NJ Law Blocked ICE Detentions

    The Third Circuit appeared skeptical of prison operator CoreCivic Inc.'s argument Thursday that a defunct New Jersey law barring detention centers from contracting with U.S. Immigration and Customs Enforcement is unconstitutional, questioning whether the statute actually blocked the federal government from detaining migrants.

  • May 01, 2025

    Multinationals Grapple With Tariff-Induced Pricing Issues

    President Donald Trump's flurry of tariff actions since taking office has created new questions for multinationals and their transfer pricing tax planners, including how to properly account for cost increases associated with new duties in related party transactions.

  • May 01, 2025

    Uber Needed To Collect Tax Pre-Wayfair, Ga. Panel Affirms

    Uber was required to collect and remit millions in sales taxes on behalf of drivers and customers who used its app before the Wayfair decision, a Georgia appellate panel held Thursday, ruling against the ride-hailing company and upholding a trial court decision.

  • May 01, 2025

    Senate Votes To Strike EPA 'Once In, Always In' Rule Update

    The U.S. Senate on Thursday voted to eliminate a U.S. Environmental Protection Agency rule aimed at restricting industrial facilities' harmful air emissions after being reclassified as a less severe pollution source.

  • May 01, 2025

    Colo. Fees Don't Violate TABOR, Appeals Panel Says

    The enterprise fees in Colorado's state transportation package passed in 2021 do not violate the state's Taxpayer Bill of Rights, a state appeals court said Thursday, upholding a district court ruling and rejecting a challenge from a conservative group.

  • May 01, 2025

    RI Pot Rules Challenger Says Cause For Ditching Case Is Moot

    A Florida entrepreneur challenging Rhode Island's cannabis regulatory scheme said a judge's basis for dismissing the action no longer applies now that the state has published its rules, and has asked the First Circuit to remand the case to district court.

  • May 01, 2025

    Payment Math Dooms Sandoz Price-Fixing Deal With Florida

    A Connecticut federal judge on Thursday refused to put a bow on the deal the state of Florida struck with Sandoz AG and related defendants in three generic drug price-fixing lawsuits, ruling from the bench in Hartford that the settlement agreement "as written" would lead to exorbitant supplemental payments in the event that other states also reach deals to release their claims.

  • May 01, 2025

    9th Circ. Asked To Revisit Ruling On Guam Munitions Suit

    A Ninth Circuit decision allowing a Guam group to challenge an Air Force permit renewal application to detonate expired munitions conflicts with precedent and threatens to burden permit applicants, agencies and courts, the U.S. government said in a rehearing petition filed Wednesday.

  • May 01, 2025

    Masonry Exec Cops To $52M Amtrak Program Bribery Scheme

    The owner of an Illinois-based masonry business awarded a federal contract to renovate Philadelphia's historic 30th Street Station admitted Wednesday to bribery charges in a case alleging he had his executives shower gifts on an Amtrak employee who then approved additional work that added $52 million to the project's cost.

  • May 01, 2025

    DOJ To Take Over Legal Services For Separated Families

    The Executive Office for Immigration Review told a California federal judge it plans to take over the direct administration of legal access services for thousands of immigrant families that were separated under the first Trump administration's "zero-tolerance" policy.

  • May 01, 2025

    Senate Panel Delays A Vote On Martin Nomination For US Atty

    The Senate Judiciary Committee on Thursday held off for now a vote to call for a hearing on Ed Martin's nomination for U.S. attorney for the District of Columbia, a move Democrats say would allow more time to review his record and, they hope, convince enough Republicans to help them block his nomination.

  • May 01, 2025

    Colo. Judge Resigns Amid Allegations Over Misuse Of Bench

    A Colorado state judge resigned on Wednesday amid a disciplinary complaint accusing him of misusing his position to help a former client that he exchanged sexual and flirtatious texts with, telling an independent panel in a brief that it no longer needs to hear a disciplinary case against him.

  • May 01, 2025

    Prosecutor Says He Is Immune In Suit Over $850K Hemp Bust

    A Tennessee district attorney general is urging a federal court to throw out a suit alleging he maliciously prosecuted a driver transporting $850,000 worth of hemp through the state, saying he has immunity to all the claims against him.

  • May 01, 2025

    Internet Pricing Cap Clears Calif. Assembly Committee

    A California Assembly panel has passed a bill to cap internet prices for low-income families, similar to New York legislation now in effect that went through appellate court challenge.

  • May 01, 2025

    Colo. House OKs Eliminating Deduction For Free Sports Bets

    Colorado would reduce and then eliminate a tax deduction for sports betting operators for free bets placed by players under a bill passed by the state House of Representatives and referred to the state Senate's Finance Committee.

  • May 01, 2025

    Rancher, Counties Drop Suit Over Biden Immigration Policies

    A pair of Texas counties and a ranch owner agreed to drop a suit against the U.S. government after they sued last year over Biden-era immigration policies, which they said conflicted with congressional goals of having "zero illegal entries."

  • May 01, 2025

    Rubio Named As Nat'l Security Adviser After Waltz Reshuffle

    President Donald Trump announced on Thursday that he will nominate Mike Waltz to be the next U.S. ambassador to the United Nations, while choosing Secretary of State Marco Rubio to take over Waltz's role as national security adviser.

  • May 01, 2025

    20 Former Federal Judges Launch Group To Defend Judiciary

    Twenty former federal district and circuit judges on Thursday launched a coalition to speak out about and defend the federal judiciary as political impeachment attempts against judges increase and the federal courts system faces heightened scrutiny.

  • May 01, 2025

    Colo. AG Targets MV Realty's 'Unfair' Homeowner Contracts

    The Colorado Attorney General's Office has accused real estate brokerage MV Realty PBC LLC and its Colorado subsidiary of trapping hundreds of local homeowners with "unfair, misleading and deceptive" 40-year brokerage contracts.

  • May 01, 2025

    States Urge 1st Circ. To Reinstate Federal Housing Grants

    A coalition of states urged the First Circuit to reinstate a ruling that had blocked the Trump administration from cutting $30 million in fair housing grants, saying the federal government failed to consider the impact this decision would have on the groups' operations.

  • May 01, 2025

    AT&T Win Is FDIC's Loss On In-House Cases, 5th Circ. Told

    A banker challenging the Federal Deposit Insurance Corp.'s use of in-house proceedings to level a fraud judgment against him told the Fifth Circuit that its recent decision overturning a $57 million Federal Communications Commission fine against AT&T confirms that the FDIC cannot rely on a "public rights" exemption to impose fines without a jury trial.

  • May 01, 2025

    Hunter Biden Drops Tax Privacy Case Against IRS

    Hunter Biden dropped his suit against the federal government alleging the unauthorized disclosure of his tax return information by special agents and their attorneys who talked publicly about an investigation that culminated in Biden's copping to criminal tax charges.

  • May 01, 2025

    Vape Makers, Sellers Aim To Block NC Law On E-Cigarettes

    A vaping trade group and others are aiming to block a North Carolina law to regulate the sale of electronic cigarettes by arguing it is preempted by federal law, in a new suit filed in federal court.

  • May 01, 2025

    House Votes To Axe Another EPA Emissions Waiver For Calif.

    The U.S. House of Representatives on Thursday passed the third of three Congressional Review Act resolutions that would undo Clean Air Act waivers that the U.S. Environmental Protection Agency issued for California's vehicle emissions programs.

Expert Analysis

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • How Del. Supreme Court, Legislature Have Clarified 'Control'

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    The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.

  • Service By Token Is Transforming Crypto Litigation Landscape

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    As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.

  • What To Expect For Stem Cell Regulation Under Trump Admin

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    The new administration's push for deregulation, plus the post-Chevron legal landscape, and momentum from key political and industry players to facilitate stem cell innovation may create an opportune backdrop for a significant reduction in the U.S. Food and Drug Administration's regulatory framework for stem cells, say attorneys at Sheppard Mullin.

  • Rebuttal

    6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • Executive Orders Paving Way For New Era Of Crypto Banking

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    Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.

  • Opinion

    After Fires, Calif. Must Streamline Enviro Reviews For Housing

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    Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.

  • How Calif. Algorithmic Pricing Bills Could Affect Consumers

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    California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.

  • 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.

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