Public Policy

  • September 19, 2025

    BREAKING: Full 2nd Circ. Lets Students Facing Removal Stay Free, For Now

    The Second Circuit on Friday declined to revisit its earlier decisions that allowed two foreign students facing deportation, allegedly for their pro-Palestinian advocacy, to stay out of detention, rejecting the Trump administration's bid to find it lacks jurisdiction over their cases.

  • September 19, 2025

    Vax Panel Delays Hep B Vote, Backpedals On MMRV Coverage

    A panel of vaccine advisers at the Centers for Disease Control and Prevention kicked off a meeting Friday with a confused series of votes that effectively nullified a key decision on coverage for children the panel made less than a day prior.

  • September 18, 2025

    ​​​​​​​BofA Unit To Pay $5.6M To End DOJ Market Manipulation Case

    The U.S. Department of Justice said Thursday that an investment banking arm of Bank of America Corp. will pay roughly $5.6 million to resolve a criminal investigation into market manipulation allegations involving two now-former traders on its U.S. Treasurys desk.

  • September 18, 2025

    Kimmel Controversy Sidetracks Broadband Permitting Hearing

    A U.S. House subcommittee looking into how to expedite broadband permitting struggled to stay on topic Thursday afternoon due to Democrats being hopping mad about late-night talk show host Jimmy Kimmel being pulled off the air.

  • September 18, 2025

    Ill. Justices Reverse Therapist's Fee Win Against Regulator

    Illinois' financial and professional regulator should not be ordered to pay attorney fees in connection with a therapist's successful bid to shield his notes from a doctor's administrative reinstatement hearing, the state's highest court ruled Thursday.

  • September 18, 2025

    SEC Eases Path For Crypto ETPs With New Listing Rules

    The U.S. Securities and Exchange Commission has eased a key part of the listing process for crypto exchange-traded products, and attorneys say the move may create a shorter path to market for years to come.

  • September 18, 2025

    Federal Vaccine Panel Votes To Tweak MMRV Recommendation

    A panel of federal vaccine advisers on Thursday changed its recommendation for a long-used vaccine for children but allowed a key government program to continue paying for the shots.

  • September 18, 2025

    Delaware Judge Calls For Civility After 'Annus Horribilis'

    In a rare postscript to her bench ruling this week, a Delaware vice chancellor lamented what she observed as a breakdown in the state bar's civility and mutual respect over the past "annus horribilis," comments that have since drawn cautious support and resonance with several in the First State's legal community.

  • September 18, 2025

    Arbitration Clauses Won't Protect IPOs From Investor Suits

    With the U.S. Securities and Exchange Commission greenlighting the use of mandatory arbitration clauses for newly public companies, securities litigation experts are waiting to see whether any company is willing to risk the almost inevitable legal blowback that will come with taking advantage of the policy.

  • September 18, 2025

    Trump's Georgia Case: Legal Experts On What Happens Next

    The 2020 Georgia election interference case against President Donald Trump and his co-defendants may be both "dead" and costly for taxpayers, legal experts told Law360, citing the expected reluctance of most prosecutors to take over the litigation and a new state law that allows criminal defendants to recover legal fees in certain circumstances.

  • September 18, 2025

    FCC Should Follow Exec Branch Policy, Commissioner Says

    As President Donald Trump continues to get more involved in the operations of independent federal agencies, a member of the Federal Communications Commission said Thursday the FCC needs to remain accountable to the executive branch.

  • September 18, 2025

    Alaska Asks Justices To End Feds' Subsistence Fishing Regs

    The state of Alaska is urging the U.S. Supreme Court to step into its dispute with the federal government and Native American groups over fishing regulations in its navigable waters, challenging a Ninth Circuit ruling that barred the state from opening part of the Kuskokwim River to all fishers.

  • September 18, 2025

    Ex-La. Prosecutor Convicted In Pretrial Program Bribery Case

    A former Lafayette assistant district attorney was convicted Thursday in Louisiana federal court of bribery and other charges for conspiring to solicit kickbacks and accept bribes while overseeing the 15th Judicial District Attorney's Office's pretrial intervention program, according to the U.S. Attorney's Office.

  • September 18, 2025

    Texas Court Says Citizen Can't Intervene To Uphold Pot Law

    The citizen sponsor of a voter-approved marijuana decriminalization ordinance cannot intervene in the deal struck between the state attorney general and city of Elgin that declared the ordinance void, a Texas appeals court ruled, saying the advocate doesn't have standing.

  • September 18, 2025

    Dems Demand DOJ Explain Binance Plea Deal Compliance

    U.S. Sen. Elizabeth Warren and two of her Democratic colleagues have asked U.S. Attorney General Pam Bondi for information on Binance's compliance with its 2023 plea agreement stemming from anti-money laundering lapses, pointing to President Donald Trump's ties to the crypto exchange.

  • September 18, 2025

    DC Circ. Judge Says PJM Monitor May Have 'Hint Of Paranoia'

    The D.C. Circuit didn't seem so sure Thursday morning that the Federal Energy Regulatory Commission was flouting the rules by denying an independent market monitor access to its liaison committee meetings, with one judge saying the monitor seemed to be exhibiting a "hint of paranoia."

  • September 18, 2025

    7th Circ. Judge Wary Of Ex-Firefighter's Free Speech Position

    A Seventh Circuit judge on Thursday said an attorney for a former Chicago firefighter seeking to revive a suit claiming he was unlawfully fired for a series of memes and other statements posted on Facebook seemed to be making a "hyperbolic" argument that public employers cannot regulate speech outside the workplace.

  • September 18, 2025

    2nd Circ. To Weigh EFTA's Scope In NY's Citi Wire Fraud Case

    The Second Circuit has granted Citibank's request for an appeal in its fight with New York Attorney General Letitia James over the bank's response to incidents of online wire transfer fraud, agreeing to review whether key federal consumer protections for electronic payments apply to wire transfers initiated over the internet.

  • September 18, 2025

    Calif. Slams Truck-Makers' Bid To Block Emissions Regs

    California has told a federal judge that truck manufacturers seeking to renege on their commitments to follow stringent state emissions standards for heavy-duty trucks in the coming years aren't entitled to an injunction now, and the Trump administration cannot bulldoze California into falling in line.

  • September 18, 2025

    Fed. Circ. Hears 'Settled Expectations' Are 'Lawless' In IP Feud

    SanDisk Technologies Inc. and its former parent have become the latest challengers at the Federal Circuit to the U.S. Patent and Trademark Office's discretionary denial practices, taking aim at its acting director's holdings that patent owners eventually have the right to assume their patents won't be challenged.

  • September 18, 2025

    DC Judge Included In Senate's Bloc Confirmation

    A judge for the Superior Court of Washington, D.C., was confirmed on Thursday as part of the en bloc confirmation of 48 nominees to various positions following Republicans voting in favor of changing the rules.

  • September 18, 2025

    Groups Look To Block EPA's $3B Grant Cuts Amid Appeal

    Conservation, tribal groups, and local and county governments are looking to block the U.S. Environmental Protection Agency from terminating a $3 billion climate grant program while they appeal a decision that dismissed their claims, arguing that public interest and equities weigh heavily in their favor.

  • September 18, 2025

    FTC Greenlights Amazon Prime Trial For Next Week

    A Seattle federal judge has cleared the Federal Trade Commission's consumer protection case against Amazon to go to trial on Monday, finding the company violated at least one requirement of an e-commerce law, yet jurors must still decide if it clearly disclosed Prime subscription terms to users and offered simple cancellation methods.

  • September 18, 2025

    HHS Shutters Miami Organ Donor Org. For 'Unsafe' Practices

    Federal health officials have decertified a Miami-based organ procurement organization that arranges organ donations after an investigation found a pattern of "unsafe" practices, marking the first time the federal government has revoked the certification of such a group, according to an announcement Thursday from Health Secretary Robert F. Kennedy Jr. 

  • September 18, 2025

    IRS Discloses Details On ICE Agreement In Data Sharing Row

    The U.S. government disclosed additional details Thursday on the agreement between the IRS and immigration enforcement authorities to share confidential tax return information, including who had necessary permissions to access the disclosures, following a D.C. federal judge's order in a lawsuit seeking to end the interagency data sharing.

Expert Analysis

  • Revamped Opportunity Zones Can Aid Clean Energy Projects

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    The Qualified Opportunity Zone program, introduced in 2017 and reshaped in the One Big Beautiful Bill Act, offers investors federal tax incentives for development in low-income communities — incentives that are especially meaningful for clean energy projects, where capital-intensive infrastructure and long-term planning are essential, say attorneys at Dentons.

  • Assessing Potential Ad Tech Remedies Ahead Of Google Trial

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    The Virginia federal judge tasked with prying open Google’s digital advertising monopoly faces a smorgasbord of potential remedies, all with different implications for competition, government control and consumers' internet experience, but compromises reached in the parallel Google search monopoly litigation may point a way forward, say attorneys at MoloLamken.

  • Earned Wage Access Providers Face State Law Labyrinth

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    At least 12 states have established laws or rules regulating services that allow employees to access earned wages before payday, with more laws potentially to follow suit, creating an evolving state licensing maze even for fintech providers that partner with banks, say attorneys at Venable.

  • The Pros And Cons Of Levying Value-Based Fees On Patents

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    The potential for a recurring, value-based maintenance fee on patents, while offering some benefits, raises several complications, including that it would likely exceed the U.S. Patent and Trademark Office's statutory authority and reduce research and development activities in the U.S., says Sandip Patel at Marshall Gerstein.

  • Sales And Use Tax Strategies For Renewables After OBBBA

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    With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.

  • 9th Circ. Ruling Leaves SEC Gag Rule Open To Future Attacks

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    Though the Ninth Circuit's recent ruling in Powell v. U.S. Securities and Exchange Commission leaves the SEC's no-admit, no-deny rule intact, it could provide some fodder for litigants who wish to criticize the commission's activities either before or after settling with the commission, says Jonathan Richman at Brown Rudnick.

  • 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.

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