Public Policy

  • October 01, 2025

    Here's How The SEC Survived 2 Prior Shutdowns

    The U.S. Securities and Exchange Commission sent home 90% of its staff Wednesday, including the bulk of its enforcement division, as the agency braces for a shutdown of uncertain length by drawing on lessons from two prior long-running impasses in the past 12 years.

  • October 01, 2025

    Trump Withdraws Nomination Of Quintenz For CFTC Chair

    President Donald Trump has withdrawn his nomination of Brian Quintenz to lead the U.S. Commodity Futures Trading Commission, following a delay at the president's request of a Senate committee vote on the nomination and Quintenz's public feud with crypto exchange founders Tyler and Cameron Winklevoss.

  • October 01, 2025

    CFPB 'Will Continue Operations' As Gov't Shutdown Hits

    The Consumer Financial Protection Bureau has told its staff to expect business as usual amid the government shutdown that began Wednesday, assuring them that operations, pay and benefits will continue uninterrupted, according to an internal email obtained by Law360.

  • October 01, 2025

    DC Circ. Deems FERC-Approved Pipeline Rates Unjustly High

    The D.C. Circuit wiped out FERC's approval of fuel rates charged by a Kinder Morgan unit's pipeline following an expansion project, saying the agency unfairly saddled gas producer Antero Resources Corp. with higher rates than other pipeline customers.

  • October 01, 2025

    Biz Groups Say They Can Be Amici In 4th Circ. Pollution Suit

    The U.S. Chamber of Commerce and the American Chemistry Council on Wednesday told the Fourth Circuit they should be allowed to file an amicus brief on behalf of Chemours in a row over PFAS contamination in the Ohio River, saying that there is nothing barring an association from filing in cases where its members are parties.

  • October 01, 2025

    Trump Moves To Elevate FDIC's Hill To Permanent Chair

    President Donald Trump has nominated the Federal Deposit Insurance Corp.'s acting Chairman Travis Hill to lead the deposit insurer on a permanent basis, the White House confirmed Wednesday.

  • October 01, 2025

    Ship Manager Says Liability Shield Applies In Baltimore Wreck

    The manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year has told a Maryland federal judge that it should be allowed to invoke a nearly two-centuries-old maritime law to limit its liability for the wreck.

  • October 01, 2025

    GAO Urges Nuke Agency To Fix Its Cost Reports To Congress

    The U.S. Government Accountability Office urged the National Nuclear Security Administration to improve its reporting systems after finding it has often failed to inform lawmakers about growing construction project costs as required.

  • October 01, 2025

    DC Circ. Won't Rethink Return Of Head Of Copyright Office

    The D.C. Circuit said Wednesday that it won't rethink its decision to temporarily reinstate the head of the U.S. Copyright Office, who was fired by President Donald Trump as her lawsuit against the administration plays out in court.

  • October 01, 2025

    States Accuse Zillow, Redfin Of Deal To End Competition

    A coalition of states followed their federal counterparts with an antitrust lawsuit in Virginia federal court Wednesday accusing Zillow of paying Redfin more than $100 million to stop competing for the sale of rental housing advertisements on their listing services.

  • October 01, 2025

    Monthly Merger Review Snapshot

    The Federal Trade Commission put the final tweaks on its deal allowing a $13.5 billion merger of marketing companies to move ahead and pushed its bid to block a merger in the medical device coatings industry, while U.K. enforcers launched a number of merger probes.

  • October 01, 2025

    EPA Proposes Rolling Back Biden HFC Ban Deadline

    The U.S. Environmental Protection Agency on Tuesday proposed a new rule that would extend the compliance deadline for and revise other parts of a Biden administration-era rule that bars hydrofluorocarbons in refrigeration, air conditioning and heating products if more "climate friendly" alternatives are available.

  • October 01, 2025

    NJ Boroughs, Townships' Affordable Housing Suits Tossed

    A New Jersey state judge has permanently thrown out two lawsuits from multiple boroughs and townships challenging a 2024 state law laying out how much new affordable housing needs to be built, ruling the plaintiffs failed to bring a viable legal claim.

  • October 01, 2025

    DHS Accused Of Illegal Data Use In Voter Purge Lawsuit

    The League of Women Voters and a group of naturalized U.S. citizens are suing to stop the Trump administration's pooling of immigrant personal data across federal agencies into centralized databases at the U.S. Department of Homeland Security, saying states are using the "unreliable" systems to purge voter rolls.

  • October 01, 2025

    Texas Judge Sends Mifepristone Challenge To Missouri Court

    A closely watched challenge to federal approvals for the abortion medication mifepristone is moving from Texas to Missouri after a federal judge found the plaintiffs remaining in the litigation have no connection to the Lone Star State.

  • October 01, 2025

    Justices Asked To Review Gun Ban For Marijuana Users

    A marijuana user has asked the U.S. Supreme Court to hear his case arguing that a federal law prohibiting drug users from owning guns runs afoul of the Second Amendment.

  • October 01, 2025

    DC Judge Protects Union Contracts At 6 Federal Agencies

    A D.C. federal judge stopped the U.S. Department of Defense, U.S. Environmental Protection Agency and four other agencies from canceling their union contracts, granting a union coalition's request for an injunction blocking the agencies from complying with an executive order allowing them to ditch the contracts.

  • October 01, 2025

    States, Businesses Push Justices To Extend Tariff Arguments

    The dozen states, several small businesses and Illinois toymakers that challenged President Donald Trump's emergency tariffs filed a joint motion Wednesday requesting more time to better represent their different claims for oral arguments at the U.S. Supreme Court in November.

  • 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.

Expert Analysis

  • As Student Loan Outlook Dims, What Happens To The Banks?

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    While much of the news around the student loan crisis focuses on the direct impact on young Americans' decreasing credit scores, the fate of the banks themselves — and the effect on banking policy — has been largely left out of the narrative, says Madeline Thieschafer at Fredrikson & Byron.

  • How Trade Fraud Task Force Launch Furthers Policy Goals

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    A new cross-agency trade fraud task force is the latest in a series of Trump administration efforts to leverage agency relationships in pursuit of its trade policy goals, and its creation signals a further uptick in customs enforcement, say attorneys at Morgan Lewis.

  • Keys To Extended Producer Responsibility Compliance

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    As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.

  • Digital Asset Report Opens Doors For Banks, But Risks Linger

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    A recent report from a White House working group discussing digital asset market structure signals how banks may elect to expand into digital asset custody, trading and related services in the years ahead, but the road remains layered with challenges, say attorneys at Foley & Lardner.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • 5 Real Estate Takeaways From Trump's Sweeping Tax Law

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    Changes to the Internal Revenue Code included in the One Big Beautiful Bill Act will have a range of effects on real estate sponsors, investors and real estate investment trusts — from more compliance flexibility around taxable REIT subsidiary limits to new considerations raised by a key retaliatory tax provision that was left out, say attorneys at DLA Piper.

  • Evaluating The Current State Of Trump's Tariff Deals

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    As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.

  • Series

    Playing Softball Makes Me A Better Lawyer

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    My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

  • 5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting

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    As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.

  • How Securities Test Nuances Affect State-Level Enforcement

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    Awareness of how different states use their securities investigation and enforcement powers, particularly their use of the risk capital test over the federal Howey test, is critical to navigating the complicated patchwork of securities laws going forward, especially as states look to fill perceived federal enforcement gaps, say attorneys at WilmerHale.

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

  • Calif. Bill May Shake Up Healthcare Investment Landscape

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    If signed by the governor, newly passed California legislation would significantly expand the Office of Health Care Affordability's oversight of private equity and hedge fund investments in healthcare companies and management services organizations, and raise several questions about companies' data confidentiality and filing burdens, say attorneys at Ropes & Gray.

  • How Prohibiting Trigger Leads May Affect Mortgage Marketing

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    Recent amendments to the Fair Credit Reporting Act prohibiting the sale of trigger leads mark a significant shift in the regulatory landscape for mortgage lenders, third-party lead generators and their legal counsel, who should reevaluate lead generation strategies and compliance protocols, say Joel Herberman, Rob Robilliard and Leah Dempsey at Brownstein Hyatt.

  • How Hyperlinks Are Changing E-Discovery Responsibilities

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    A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

  • Pharma Copay Programs Raise Complex Economic Questions

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    The growing prevalence of copay accumulator and maximizer programs in the pharmaceutical industry is drawing increased scrutiny from patients, advocacy groups, lawmakers and courts, bringing complex questions about how financial responsibility for prescription drug purchases is determined and complicating damages assessments in litigation, say analysts at Analysis Group.

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