Public Policy

  • June 04, 2025

    Yogis' Legal Warrior Pose Gets Beach Ban Lifted At 9th Circ.

    The Ninth Circuit on Wednesday ordered a lower court to grant a preliminary injunction to yoga instructors who challenged San Diego's prohibition on free yoga classes at shoreline parks, finding the activity to be speech protected by the First Amendment since it imparts a skill derived from special knowledge.

  • June 04, 2025

    GAO Tells Congress DOD Must Take Fraud Risk Seriously

    The Government Accountability Office's director of forensic audits and investigative services testified Wednesday that words and actions by U.S. Department of Defense leadership have called into question the DOD's commitment to combating fraud.

  • June 04, 2025

    DC Judge Won't Halt Education Data Collection Rollback

    A D.C. federal judge refused to halt the Department of Education's cancellation of $900 million in data maintenance and collection contracts, saying it's not the court's place to "breathe life back into" large swaths of canceled programs and monitor day-to-day statutory compliance.

  • June 04, 2025

    Feds Say 'No Viable Path' Forward For Calif. High-Speed Rail

    The U.S. Department of Transportation said Wednesday that the California high-speed rail's overblown budget and ongoing mismanagement indicate that there's "no viable path" to completing the project on schedule, so the federal government is preparing to pull nearly $4 billion in funding.

  • June 04, 2025

    What To Know About Trump's Shake-Up At Copyright Office

    The firing of Shira Perlmutter by President Donald Trump as the head of the U.S. Copyright Office has introduced uncertainty into the agency's operations, including whether a previously unannounced report on artificial intelligence will ever be released, and set up a fight regarding the president's power to remove and replace whoever he wants without congressional input.

  • June 04, 2025

    Scalia Invoked Against Trump's Citizenship Stance At 9th Circ.

    A panel of Ninth Circuit judges scrutinized the Trump administration's take on the citizenship clause as the government argued Wednesday to preserve the president's push to curb birthright citizenship, with one judge suggesting the late U.S. Supreme Court Justice Antonin Scalia would've rejected the attempt to read "beyond the mere words" of the 14th Amendment.

  • June 04, 2025

    Bowman Confirmed As Trump's Top Banking Regulator At Fed

    Senators on Wednesday confirmed Federal Reserve Gov. Michelle Bowman to become the central bank's next vice chair for supervision, elevating the former Kansas community banker to a powerful perch overseeing many of the biggest Wall Street financial institutions.

  • June 04, 2025

    NC Governor Launches Council To Advise On Cannabis Policy

    North Carolina Gov. Josh Stein on Wednesday announced the creation of a state advisory council on cannabis to develop a comprehensive policy with respect to the regulation of hemp and marijuana.

  • June 04, 2025

    Judge Ponders If Netflix's Tax Theory Is 'Too Philosophical'

    A Colorado appellate judge on Wednesday wondered if Netflix's argument for why its subscriptions are not subject to state sales tax is "too philosophical" and doesn't reflect its actual transactions with customers, at a hearing in the state's appeal.

  • June 04, 2025

    3 Ways DOL Benefits Chief Nominee May Affect ERISA Cases

    A key committee will decide Thursday whether to send President Donald Trump’s pick to lead the U.S. Department of Labor’s employee benefits arm ahead for a full Senate vote, setting the stage for what attorneys expect will be an employer-friendly shift in policies. Here are three ways Daniel Aronowitz could change benefits litigation if confirmed.

  • June 04, 2025

    Judge Halts Fla. Law Over Medicaid Ballot Initiative Concerns

    A Florida federal judge on Wednesday blocked state officials from enforcing part of a new law that opponents say threatens to criminalize those collecting signatures for a 2026 ballot initiative to expand Medicaid access.

  • June 04, 2025

    FTC Fights Attys Who Want State Bar Input On Ethics Worries

    The Federal Trade Commission doesn't want staff attorneys to be able to seek state bar association guidance if they dispute the legality of an instruction, arguing in a fight with the FTC's union that seeking such guidance would gum up the gears of commission work.

  • June 04, 2025

    SEC Seeks Input On Tightening Perks For Foreign Issuers

    The U.S. Securities and Exchange Commission agreed Wednesday to seek public input on whether foreign companies should continue to be granted accommodations to list in the U.S., noting that global markets have changed significantly since such rules were adopted.

  • June 04, 2025

    FCC Says C-Band Payment Clearinghouse Can Wind Down

    The C-Band Relocation Payment Clearinghouse has received the go-ahead from the Federal Communications Commission to wind down its operations by the end of the month, after the agency agreed it had done what it was intended to do.

  • June 04, 2025

    Justices Won't Intervene To Let Jan. 6 Cops Stay Incognito

    The U.S. Supreme Court on Wednesday declined to grant an emergency stay that would have allowed current and former Seattle police officers who attended the Jan. 6, 2021, "Stop the Steal" insurrection to shield their identities from the public.

  • June 04, 2025

    ContractPodAi Launches Tariff-Focused AI Software

    Contract management software provider ContractPodAi, which offers an automated legal assistant called Leah, announced the release of a tariff-focused chatbot that tracks global tariffs and trade regulations.

  • June 04, 2025

    Steel, Aluminum Tariff Hike Casts Cloud Over US Investment

    President Donald Trump's latest tariff increases on steel and aluminum imports strengthen an existing barrier to an already duty-riddled trade environment and could put both domestic and foreign businesses' investment opportunities in the U.S. at risk, experts say.

  • June 04, 2025

    Trump Ordered To Explain Why Layoffs Don't Flout Injunction

    A California federal judge ordered the Trump administration Wednesday to explain why preparations for layoffs at the State Department and Department of Housing and Urban Development do not violate an injunction she issued last month, saying she needed more details about the agencies' plans to evaluate their compliance.

  • June 04, 2025

    Venezuelans Say End To Removal Protections Was 'Contrived'

    The National TPS Alliance and several Venezuelans have asked a California federal judge to set aside U.S. Department of Homeland Security Secretary Kristi Noem's vacatur of temporary protected status for Venezuela and Haiti, saying the underlying rationale is concocted.

  • June 04, 2025

    House Committee Puts Intoxicating-Hemp Ban In Spending Bill

    A U.S. House of Representatives committee on Wednesday released a spending bill that includes a major change to the statutory definition of hemp and hemp products in its agriculture appropriations that would effectively rewrite national hemp policy if it becomes law.

  • June 04, 2025

    CFPB Resumes $4.2M Redress After Pressure From States

    California's Department of Financial Protection and Innovation said Wednesday that the Consumer Financial Protection Bureau is now making good on a $4.2 million redress plan for former students of a shuttered sales-training firm, following agency delays and subsequent pressure from various states.

  • June 04, 2025

    Deportees Urge Justices To Keep 'Basic Measure Of Fairness'

    A class of deportees who are being sent to countries where they have no prior ties asked the U.S. Supreme Court on Wednesday to leave in place a preliminary injunction requiring that they be provided a meaningful opportunity to challenge their destinations, calling it "a basic measure of fairness."

  • June 04, 2025

    DOJ Won't Have To Give Agri Stats Specific Data Fields

    A Minnesota federal court refused to force the U.S. Department of Justice to identify specific data fields in industry reports produced by Agri Stats that allegedly allow meat processors to share sensitive information, finding the case is not centered on individual data points.

  • June 04, 2025

    Trump Nominates Ex-SBA Official For Top CFIUS Post

    A former U.S. Small Business Administration official from Donald Trump's first term has been nominated by the president to lead the U.S. government panel that reviews foreign investments for national security risks.

  • June 04, 2025

    Calif. Assembly Passes Internet Price Cap, Moving To Senate

    The California State Assembly on Wednesday passed a bill that would mandate a low-cost option capping the price of high-speed internet service for low-income families at $15.

Expert Analysis

  • TikTok Bias Suit Ruling Reflects New Landscape Under EFAA

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    In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.

  • Avoiding Pitfalls Around New Calif. Commercial Lease Law

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    A California law that became effective this year requires commercial landlords to extend certain protections previously afforded to residential tenancies, and a few key provisions of the law especially warrant reexamination of leasing and operational processes, say attorneys at Holland & Knight.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

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    While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.

  • 5 Tools To Help Existing Gov't Contracts Manage Tariff Costs

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    Five pointers can help government contractors scrutinize their existing contracts for protections like equitable adjustment and duty-free entry clauses, which may help insulate them from tariff-related cost increases, say attorneys at Covington.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Key Takeaways From The 2025 Spring Antitrust Meeting

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    Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.

  • 3 Action Items For Innovators Amid Fintech Regulatory Pivot

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    As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.

  • What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.

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    In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.

  • How Tariffs May Affect Proxy Contests This Season

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    While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.

  • Running A Compliant DEI Program After EEOC, DOJ Guidance

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    Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.

  • A Closer Look At New NYSE, Nasdaq Listing Rule Changes

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    The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.

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