Public Policy

  • October 01, 2025

    FCC Sets Furlough Plan In Motion With Government Shutdown

    The Federal Communications Commission's staff halted most regular operations Wednesday as Congress failed to reach a deal to continue funding agencies after the end of the government's fiscal year.

  • October 01, 2025

    Trump Unlawfully Fired Dem Member Of STB, Suit Alleges

    A recently fired Democratic member of the Surface Transportation Board sued President Donald Trump in federal court Wednesday, alleging that he was unlawfully removed from his position and should be allowed to serve the rest of his term.

  • October 01, 2025

    White House Issues New NEPA Guidance To Federal Agencies

    The White House Council on Environmental Quality has released guidance for federal agencies that are working to update their National Environmental Policy Act guidelines.

  • October 01, 2025

    Muscogee Citizen Fights Okla. Tax Ruling In Supreme Court

    A member of the Muscogee Creek Nation is asking the U.S. Supreme Court to overturn an Oklahoma high court ruling that denied her tax-exempt status, arguing the dispute involves an important question of taxing jurisdiction in tribal lands that broke a long line of precedent.

  • October 01, 2025

    USPTO Lays Off Employees, Closes Rocky Mountain Office

    The U.S. Patent and Trademark Office laid off some employees Wednesday as part of a reduction-in-force that's affecting around 1% of the agency's workforce, making the move on the first day of the government shutdown, according to sources familiar with the plans.

  • October 01, 2025

    Ohio Says Norfolk Southern Fully Liable In Derailment Suit

    Ohio is asking a federal judge to find Norfolk Southern Corp. fully liable for pollution stemming from the 2023 East Palestine train derailment, saying the court should find that each railcar is a separate source of pollution under state law and assess penalties accordingly.

  • October 01, 2025

    Fed. Bill Would Let Judges Be Sued Over Repeat Offenders

    A federal lawmaker from North Carolina has proposed a bill to create a pathway for crime victims and their families to sue judges found to have acted with "intentional disregard for public safety" by releasing individuals convicted of violent crime who go on to re-offend.

  • October 01, 2025

    4th Circ. Won't Rehear Consultancy's $5M SBA Loan Suit

    The Fourth Circuit declined to reconsider a global consultancy and risk management company's lawsuit against the U.S. Small Business Administration in which the consultant argued its $5 million loan was eligible for COVID-19 debt relief.

  • October 01, 2025

    Va. Biz Group Calls Charter, Cox Tie-Up Good For Consumers

    The Virginia Chamber of Commerce urged the Federal Communications Commission to approve the planned $34.5 billion merger of cable giants Charter and Cox, saying it would be good for consumers as the companies cut costs through scale.

  • October 01, 2025

    Groups Seek Block On Use Of IRS, SSA Data For Deportations

    A coalition of immigrant advocacy groups has asked a Massachusetts federal judge to block the government from the "unfettered" use of Internal Revenue Service and Social Security Administration data to identify and target millions of people for deportation.

  • October 01, 2025

    NLRB Nominee Pledges To Resist Pressure From Trump

    One of President Donald Trump's nominees to serve on the National Labor Relations Board said at a U.S. Senate confirmation hearing Wednesday that he would resist a directive from the president to rule for Amazon or SpaceX in a dispute with their workers.

  • October 01, 2025

    Peru Says Mining Co. Can't Revive $417M Penalty Claim

    Peru is resisting an Arizona-based mining company's bid to annul a decision by international arbiters who found they lacked jurisdiction over $417 million in penalties and interest the country imposed for unpaid royalties, saying the company is wrong to claim the issue was improperly ignored.

  • October 01, 2025

    Calif. Joins NY In Letting Labor Agency Fill In For NLRB

    California has become the latest state to empower its labor board to step in when the federal labor board cannot, joining New York on a path that has been praised by unions, maligned by management and challenged by the National Labor Relations Board.

  • October 01, 2025

    Ex-Immigration Judge, DOJ Settle Bias Suit

    The U.S. Department of Justice and a former immigration judge agreed Wednesday to settle a lawsuit in Florida federal court alleging she was denied a hardship transfer and reasonable accommodation due to her gender and age.

  • October 01, 2025

    Va. Prosecutor Indicting Comey Tapped For Full US Atty Role

    The interim U.S. attorney for the Eastern District of Virginia, who is bringing charges against former FBI Director James Comey, has been tapped by President Donald Trump for the full-term role.

  • October 01, 2025

    4th Circ. Nixes Cannabis Entrepreneur's Rehearing Bid

    The Fourth Circuit on Tuesday rejected a California cannabis entrepreneur's request for an en banc rehearing of her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program.

  • October 01, 2025

    Trump's Bid To Cut NY Anti-Terror Funds Paused For Now

    A Manhattan federal judge on Wednesday temporarily blocked the Trump administration's cut of $34 million to protect New York's massive transit system from terrorism, crediting the state attorney general's allegation that the White House unlawfully tied the grant to immigration policy.

  • October 01, 2025

    E-Verify System Goes Down As Gov't Shutdown Takes Hold

    The federal E-Verify system that employers must use to check people's eligibility to work in the U.S. went down Wednesday morning as a result of the government shutdown, while federal immigration courts are anticipated to keep operating.

  • October 01, 2025

    Pick For Del.'s 3rd Circ. Seat Advances Despite Few State Ties

    Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit, who is currently serving in the White House Counsel's Office and has come under scrutiny for her lack of ties to the state, had her nomination voted out of committee along party lines Wednesday.

  • October 01, 2025

    High Court Lets Fed's Cook Keep Job For Now

    The U.S. Supreme Court said Wednesday that it will wait to hear oral arguments early next year before ruling on President Donald Trump's bid to immediately oust Federal Reserve Gov. Lisa Cook, a move that will allow her to remain on the job in the meantime.

  • September 30, 2025

    Feds Press 2nd Circ. To Nix Students' Removal Challenges

    The Trump administration on Tuesday urged the Second Circuit to reverse lower courts' findings that led to the release of two college students who say they were wrongly detained by immigration officials for expressing pro-Palestinian views, attacking the notion that they're able to bring habeas corpus challenges to their detention. 

  • September 30, 2025

    Google Ad Tech Judge Says Court Order Is 'Elephant In Room'

    A Virginia federal judge again wondered Tuesday how far she must go to address Google's advertising placement technology monopolies, asking if a breakup is needed since, no matter what happens, the company will be under a court order banning efforts to put its thumb on the scales of competition.

  • September 30, 2025

    Full 5th Circ. To Revisit Trump Use Of Wartime Removal Law

    The Fifth Circuit on Tuesday ordered all of its judges to revisit a split decision that found President Donald Trump's proclamation invoking the 1798 Alien Enemies Act to deport alleged Venezuelan gang members to be likely unlawful.

  • September 30, 2025

    DOJ Sues LA Sheriff's Department Over Delayed Gun Permits

    The U.S. Department of Justice on Tuesday accused the Los Angeles County Sheriff's Department of infringing Californians' Second Amendment rights, days after the DOJ announced a new office focused on affirmative litigation against local governments and private entities that interfere with federal policies.

  • September 30, 2025

    Trump Admin Sues Minn. Over Sanctuary Immigration Policies

    The U.S. Department of Justice sued the state of Minnesota, the cities of St. Paul and Minneapolis, and Hennepin County in federal court Monday seeking to permanently block the defendants from enforcing sanctuary policies that it claims unconstitutionally obstruct federal immigration enforcement and let criminals be set free.

Expert Analysis

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • How Fashion, Tech Can Maximize New Small Biz Tax Breaks

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    Fashion and technology companies, which invest heavily in innovation, should consider taking advantage of provisions in the One Big Beautiful Bill Act that favor small businesses, restructuing if necessary to become eligible for expanded research and experimental expenditure credits and qualified small business stock incentives, says Aime Salazar at Olshan Frome.

  • Steps To Take As States Expand Foreign-Influence Bans

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    As efforts to curb foreign-influenced corporate political spending continue, companies should be aware of the nuances of related laws and layer an additional analysis when assessing legality of foreign engagement, say attorneys at Steptoe.

  • A Reminder Of The Limits Of The SEC's Crypto Thaw

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    As the U.S. Securities and Exchange Commission's regulatory thaw has opened up new possibilities for tokenization projects, the Ninth Circuit's recent decision in SEC v. Barry that certain fractional interests are investment contracts, and thus securities, illustrates that guardrails remain via the Howey test, say attorneys at Skadden.

  • Genius Act Poses Strategic Hurdles For Community Banks

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    ​​​​​​​The pace of change in digital asset policy, including the recent arrival of the Genius Act, suggests that strategic planning should be a near-term priority for community banks, with careful attention to customer relationships, regulatory developments and the local communities they serve, say attorneys at Jones Walker.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

  • Considerations For Cos. Amid Wave Of CFPB Vacatur Bids

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    As some entities look to vacate prior voluntary agreements with the Consumer Financial Protection Bureau, there are several considerations companies should take into account before seeking to vacate their settlements in the current legal and regulatory environment, says Jasmine Jean-Louis at Goodwin.

  • 7 Document Review Concepts New Attorneys Need To Know

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    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

  • Reports Of Chemical Safety Board's Demise Are Premature

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    Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.

  • FTC Actions Highlight New Noncompete Enforcement Strategy

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    Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.

  • Ruling On Labor Peace Law Marks Shift For Cannabis Cos.

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    Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.

  • Deference Ruling Could Close The FAR Loophole

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    A recent U.S. Court of Federal Claims decision may close a loophole in the Federal Acquisition Regulation that allows agencies to circumvent the Trade Agreements Act, significantly affecting federal pharmaceutical procurements and increasing protests related to certain Buy American Act waivers, say attorneys at Polsinelli.

  • Senate Bill Could Overhaul Digital Asset Market Structure

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    The Senate Banking Committee's draft Responsible Financial Innovation Act would not only clarify the roles and responsibilities of financial institutions engaging in digital asset activities but also impose new compliance regimes, reporting requirements and risk management protocols, say attorneys at Troutman.

  • How Trump's Space Order May Ease Industry's Growth

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    President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.

  • A Look At 2 Reinvigorated DOL Compliance Programs

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    As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

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