Public Policy

  • August 01, 2025

    7th Circ. Backs Prison Warden's Firing Over Facebook Memes

    The Seventh Circuit has refused to revive a deputy prison warden's suit claiming he was terminated in retaliation for sharing memes online denigrating Muslims, Black people, liberals and the LGBTQ community and calling the Confederate flag "our flag," saying the corrections department's interest as a public employer outweighs his speech interests.

  • August 01, 2025

    Senate Dem Pitches Way To Keep TikTok Online Without Sale

    U.S. Sen. Ed Markey, D-Mass., is floating a proposal that would require TikTok to be transparent about how it displays content and limit foreign access to user data in order to allow the app to escape a legislative mandate to cut ties with its Chinese parent company, ByteDance, or face a nationwide ban.

  • August 01, 2025

    Texas Bill Seeks Permanent Limit For Property Tax Increases

    Texas would establish a permanent cap on increases in the appraised value of real property other than residence homesteads for property tax purposes if voters approve a proposed constitutional amendment authorizing the cap, as part of legislation filed in the state House of Representatives.

  • August 01, 2025

    Judge Says NJ Comptroller Can Subpoena Bistate Agency

    A New Jersey federal judge tossed the Delaware River Port Authority's suit claiming that the Garden State's comptroller unlawfully attempted to force it to comply with two investigative subpoenas, ruling that there is nothing to bar the comptroller from unilaterally issuing subpoenas to the New Jersey-Pennsylvania bistate transit agency.

  • August 01, 2025

    ECJ Strikes Down Italy's Tax On Cross-Border Dividends

    The Italian government breached the European Union's double-taxation protections for an Italian bank by taxing the bank's cross-border dividends via two separate levies, the EU's top court ruled Friday.

  • August 01, 2025

    Monthly Merger Review Snapshot

    The U.S. Department of Justice abandoned its challenge of a corporate travel management deal, while lawmakers are calling for scrutiny of the agency's recent decision to settle a different case, and the Federal Trade Commission agreed to nix the requirements placed on a pair of oil and gas deals.

  • August 01, 2025

    Feds Won't Retry Madigan Co-Defendant After Mistrial

    Prosecutors asked an Illinois federal judge on Friday to dismiss charges against ex-Illinois House Speaker Michael Madigan's longtime confidant Michael McClain after a jury was unable to reach a decision on the counts against McClain when the pair were tried together.

  • August 01, 2025

    FCC Lets Univ. Use CBRS For Salt Lake City Research Tool

    The University of Utah has received special dispensation to use spectrum set aside for the Citizens Broadband Radio Service for its "valuable, innovative research," the Federal Communications Commission revealed.

  • August 01, 2025

    6th Circ. Upholds Michigan Ban On Drone-Assisted Hunting

    The Sixth Circuit upheld a Michigan law that prohibits the use of drones for hunting, finding the state has a compelling reason to manage wildlife hunts despite the free speech objections lodged by the plaintiffs.

  • August 01, 2025

    FCC Asked To Narrow Undersea Cable Rule's License DQs

    The Federal Communications Commission might have been "excessively, and perhaps unintentionally, stringent" when it was drafting the new rules for undersea cables, a trade group told the agency, particularly when it comes to character disqualifications.

  • August 01, 2025

    EPA Beats Coolant Cos.' Challenge To HFC Regs

    The D.C. Circuit on Friday rejected refrigerant companies' challenges to a law requiring the U.S. Environmental Protection Agency to phase down the use of hydrofluorocarbons and said the cap-and-trade program implementing the law was based on sound methodology.

  • August 01, 2025

    NY Law Mandating Judicial Fine Declared Unconstitutional

    A New York state appeals court has declared unconstitutional a statute that mandates a judge forfeit $1,000 to a plaintiff if the judge refuses to issue a writ of habeas corpus.

  • August 01, 2025

    Mich. Judge Tosses MSU Students' $99 Class Fee Complaint

    A Michigan federal judge dismissed a lawsuit by two students claiming their Michigan State University professor should be liable for charging them a $99 course fee that she used to fund her political activism, saying the students were given a refund and the fee was not "compelled speech."

  • August 01, 2025

    Ex-Copyright Chief Appeals Denial Of Reinstatement Bid

    The former head of the U.S. Copyright Office will appeal a D.C. federal judge's denial of her request to be immediately reinstated to her former position after she was fired by President Donald Trump while her suit remains pending.

  • August 01, 2025

    Politics And Privacy Laws Collide 5 Years After Salas Shooting

    Five years after a disgruntled litigant killed a New Jersey federal judge's son at their home, experts and judges disagree over whether the judicial privacy laws enacted following the shooting are doing much to protect jurists, while political leaders' heated rhetoric makes for an even more dangerous landscape for judges.

  • August 01, 2025

    Banking TCPA Rule Changes Go Too Far, Consumer Org. Says

    Consumer advocates urged the Federal Communications Commission to reject changes floated by banking groups to rules for revoking consumer consent to receive calls and texts, saying they would cause confusion and make it harder to block unwanted contacts.

  • August 01, 2025

    US Prices Set To Rise With 18.3% Average Tariff, Report Says

    Prices of food, vehicles, computers and clothing are expected to rise significantly in the coming years as the median household's income takes a $2,200 hit under the latest assortment of U.S. tariffs, which bring the average rate to 18.3%, a Yale research center said Friday.

  • August 01, 2025

    Developer Group Wants Pittsburgh Inclusionary Zoning On Ice

    A Pittsburgh trade group has asked a Pennsylvania federal court to temporarily bar enforcement of a zoning ordinance mandating that large multifamily developments include affordable units, after the city's planning department demanded that a member comply with the ordinance.

  • August 01, 2025

    NC Legislation Highlights Of The 1st Half Of 2025

    The North Carolina General Assembly has pushed through another round of hurricane relief aid to help the western swath of the state while lawmakers remain in talks to repeal a long-standing healthcare law that critics say hampers competition. Here are five North Carolina bills from the year's first half that saw the governor's stamp of approval or remain up for debate.

  • August 01, 2025

    Hyundai, Kia Can't Get Rehearing On Cities' Car Theft MDL

    The Ninth Circuit won't hold an en banc rehearing on an appeal from Hyundai Motors America Inc. and Kia America Inc. seeking to dismiss negligence claims by cities in three of seven states in multidistrict litigation over their alleged failure to install anti-theft technology in millions of vehicles.

  • July 31, 2025

    White House Unveils New Tariffs On Dozens Of Countries

    President Donald Trump on Thursday announced a slew of new tariffs on nearly 70 countries that range from roughly 10% to 40%, unveiling the tariffs a day before his pause on worldwide "reciprocal" tariffs was set to expire Friday.

  • July 31, 2025

    3 DOJ Attys Face Bar Complaints Over CFPB Representation

    A legal watchdog group Thursday lodged bar complaints against a trio of U.S. Department of Justice lawyers, accusing them of making misleading and false statements in court filings while defending the Trump administration in litigation over its attempt to dismantle the Consumer Financial Protection Bureau.

  • July 31, 2025

    Justices Told State Med Mal Laws Fly In Federal Court

    A Delaware federal court must apply a state statute requiring an expert affidavit in all medical malpractice suits, a hospital defendant told the U.S. Supreme Court, as key aspects of the Delaware law and similar statutes in 28 other states "should not be checked at the federal courthouse doors."

  • July 31, 2025

    CBD Store Sues DC Officials Over Cannabinoid Policy

    A D.C. hemp retailer whose shop was raided and padlocked by city law enforcement is seeking to overturn a local statute that it says conflates illicit marijuana with hemp made legal under the 2018 Farm Bill, saying in its federal complaint that the district has violated the dormant commerce clause.

  • July 31, 2025

    11th Circ. Says 'Urban Cowboy' Can Amend Taken Horses Suit

    A divided Eleventh Circuit on Thursday granted a Georgia man whose horses were seized by Atlanta-area authorities a fresh shot at amending a lawsuit over the seizure, with the majority saying the lower court wrongly found that amending the suit was futile under the Fifth Amendment's takings clause.

Expert Analysis

  • State Farm Rate Hike Portends Intensifying Insurance Crisis

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    The California Department of Insurance's unprecedented emergency approval of a 17% rate increase for State Farm General Insurance, the first interim rate relief granted before completing full actuarial justification, represents a regulatory watershed and establishes precedent that could fundamentally reshape insurers' response to climate-driven market instability, says Daniel Veroff at Merlin Law Group.

  • Steps For Universities To Pass Tax-Exempt Test Amid Scrutiny

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    After decades of a quiet governmental acceptance of tax-exempt status, universities are facing unprecedented and public pressure to defend themselves, and must consider how to protect this valuable status, say attorneys at Eversheds Sutherland.

  • In 2nd Term, Trump Has New Iran Sanctions Enforcement Tool

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    As tensions between the U.S. and Iran escalate, the Trump administration may use a whistleblower program enacted in 2022 to target violations that were previously more difficult to detect, thus expanding enforcement of economic sanctions, say attorneys at MoloLamken and Zuckerman Law.

  • Texas Targets Del. Primacy With Trio Of New Corporate Laws

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    Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.

  • Explicit Pic Takedown Law Casts A Wide Net

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    With a surprisingly broad range of online platforms potentially subject to the new Take It Down Act’s process for removing revenge porn or explicit deepfakes, all services that allow user interaction or content hosting should proactively evaluate their legal obligations and demonstrate compliance, say attorneys at Goodwin, say attorneys at Goodwin.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • What Money Transmitters Need To Know About New Colo. Law

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    Colorado's new Money Transmission Modernization Act updates standards for the licensing, supervision and regulation of money transmitters while codifying an agent-to-payee exemption, and represents another step toward standardizing these rules across state governments, say Sarah Auchterlonie and Joel Herberman at Brownstein Hyatt.

  • How States Are Taking The Lead On Data Center Regulation

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    While support for data center growth is a declared priority for the current administration, federal data center policy has been slow to develop — so states continue to lead in attracting and regulating data center growth, say attorneys at Steptoe.

  • Justices' Charter School Tie Delays Church-State Reckoning

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    The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Opinion

    It's Time To Expand The WARN Act Liability Exception

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    With layoffs surging across several industries, Congress should amend the Worker Adjustment and Retraining Notification Act to address an exception-based disparity that prevents directors and officers from taking all reasonable steps to save a company before being required to provide workers with a mass-layoff notice, say attorneys at Lowenstein Sandler.

  • Texas Bill Could Still Boost Property Rights In Gov't Disputes

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    The passage of a bill in Texas that would provide litigants with access to a greater swath of judicial remedies in immunity disputes with government entities and officials would be an invaluable boon for property rights, says Nathan Vrazel at Munsch Hardt.

  • Two Bills Promise A Crypto Revamp, But Not A Done Deal Yet

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    Recent efforts in Congress toward an updated regulatory framework for digital assets have led to two bills — the GENIUS Act and the CLARITY Act — that represent the most consequential legislative developments yet in the push for coherent, pro-innovation, reliable regulation for the industry, but both face multiple hurdles, says Mike Katz at Manatt.

  • Opinion

    NJ Should Align With Federal Rule On Expert Testimony

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    The time is right to amend Rule 702 of the New Jersey Rules of Evidence to align it with the recently amended Rule 702 of the Federal Rules of Evidence and clarify the standard for admissibility of expert testimony, says Timothy Freeman at Tanenbaum Keale.

  • Recent Reports Shed Light On Section 340B's Effectiveness

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    Recent analyses of the Section 340B program's effectiveness in helping patients afford drugs in Minnesota reinforce concerns about the program's lack of transparency and underscore the need for further evaluation of whether legislative reform should be enacted, say William A. Sarraille at the University of Maryland, and Andrée-Anne Fournier and Molly Frean at Analysis Group.

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