Public Policy

  • August 26, 2025

    Atty In Voting Machine Case Tries To Delay Discipline Hearing

    Michigan lawyer Matthew DePerno, who is facing felony charges accusing him of illegally accessing voting machines after the 2020 election, urged an attorney disciplinary panel on Monday to push back his September misconduct hearing, claiming he is having trouble finding counsel to represent him.

  • August 26, 2025

    Christian Clinic Says Mich. Stance On Bias Law Still Unclear

    The state of Michigan should be forced to clarify if it believes a Christian medical clinic's opposition to gender-affirming care and its pronoun policy is discriminatory under state civil rights law, the clinic told a Michigan federal judge. 

  • August 26, 2025

    Puerto Rico Utility Bondholders Say They'll End Reorg Deal

    A group of Puerto Rican electric utility bondholders have told a New York federal judge they will pull out of a three-year-old deal to support the utility's proposed restructuring plan if it is not confirmed by October.

  • August 26, 2025

    Commerce Announces Final Steel Duty Rates For 10 Countries

    Brazilian and Vietnamese corrosion-resistant steel products entering the U.S. could face triple digit antidumping duties, according to final rates the U.S. Department of Commcerce announced Tuesday for 10 trading partners.

  • August 26, 2025

    Feds Look To Dismiss Calif. Tribe's $700M Casino Dispute

    The U.S. Department of the Interior, with the backing of two tribes and the California Gaming Association, is looking to dismiss a lawsuit over its decision to temporarily nix eligibility for a proposed $700 million casino and hotel project, arguing it doesn't constitute a final agency action under the Administrative Procedure Act.

  • August 26, 2025

    5th Circ. Says Fed. Law Explicitly Bars Ex-CEO's NCUA Suit

    The Fifth Circuit on Monday refused to revive a former Texas credit union CEO's constitutional challenge to an enforcement action the National Credit Union Administration had brought against him for alleged banking misconduct, saying in a published opinion that federal law explicitly stripped a district court's jurisdiction over the matter.

  • August 26, 2025

    Doctors Press 5th Circ. To Reverse Surprise Billing Ruling

    Three physician trade associations urged the full Fifth Circuit to reverse a panel's ruling on how qualifying payments are calculated under the No Surprises Act, writing that the current decision harms underserved communities by narrowing provider networks.

  • August 26, 2025

    HPE's Trump-Tied Lobbyists Cast 'Pall' Over Merger Review

    The firing of two senior officials in the U.S. Department of Justice's Antitrust Division who complained after being forced to accept a merger clearance settlement has caused many practitioners to question whether the traditional separation between competition enforcement and other White House priorities is a thing of the past.

  • August 26, 2025

    Brewer Can't Challenge Home Distilling Ban, US Tells 6th Circ.

    A brewery owner who wants to make his own whiskey can't bring a suit challenging the tax code's prohibition on home distilleries because he hasn't shown that he's likely to start making spirits or that the government would come knocking if he does, the U.S. Treasury Department told the Sixth Circuit.

  • August 26, 2025

    FERC Urged To Ignore Ill. Grid Project Policy Fight

    The Federal Energy Regulatory Commission has been told that it shouldn't second-guess Illinois lawmakers and courts to declare that incumbent utilities in the state have a right of first refusal to build new, regionally planned transmission projects.

  • August 26, 2025

    CFTC's Last Dem Member Departing Agency

    The U.S. Commodity Futures Trading Commission's sole remaining Democrat, Kristin Johnson, announced Tuesday that she will be departing the agency next week, leaving it in the sole hands of acting Chair Caroline Pham.

  • August 26, 2025

    Judge Axes Habeas Suit, Tells DOJ To Use 'Proper' Forum

    A Virginia federal judge on Tuesday dismissed the Trump administration's lawsuit challenging a standing order from Maryland federal judges temporarily pausing the removal of noncitizen detainees who have filed habeas petitions, telling the U.S. Department of Justice that if it wants to challenge the court policy, it must follow the "proper" channels.

  • August 26, 2025

    Texas AG To Probe Heavy Metals In Baby Foods

    The Texas attorney general on Tuesday announced an investigation into leading baby food makers that may have deceptively advertised and sold products containing dangerously high levels of heavy metals, such as arsenic.

  • August 26, 2025

    3rd Circ. Says Tossing Undated Mail Votes Is Unconstitutional

    The Third Circuit ruled Tuesday that Pennsylvania discarding mail-in ballots with missing or incorrect dates violates voters' constitutional rights, reasoning that preventing the loss of votes outweighed any claimed benefits of enforcing the state's date requirement.

  • August 26, 2025

    Tax Credit Dispute Sparks $1.3M Lawsuit Against Jersey City

    A prominent Garden State developer filed a lawsuit against New Jersey's second-largest city, claiming the city improperly reversed its position on a longstanding tax agreement — demanding nearly $1.3 million in back payments that the developer says it does not owe.

  • August 26, 2025

    Calif. Senate OKs New Tax Default Property Sales Rules

    California county boards of supervisors would be required to take new steps before approving the sale of a tax-defaulted property under a bill passed by the state Senate. 

  • August 26, 2025

    Wash. Cities Settle Yacht Club's Clean Water Act Suit

    Two Washington cities have tentatively settled a yacht club's federal lawsuit claiming the municipalities muddied the waters of its marina by failing to maintain critical stormwater infrastructure and allowing the discharge of silt-laden runoff.

  • August 26, 2025

    Fed's Lisa Cook Preps Lawsuit Over Trump Firing

    Federal Reserve Gov. Lisa Cook is preparing to file a lawsuit over President Donald Trump's announcement that she has been terminated from her position, allegedly for committing mortgage fraud, her lawyer said Tuesday.

  • August 26, 2025

    TikTok Takes State's Addictive App Case To NC Top Court

    TikTok and its Chinese parent company are taking the state of North Carolina's lawsuit accusing it of intentionally designing the app to addict young users to the state's highest court after a Business Court judge rejected their early exit bid.

  • August 26, 2025

    EU Defends Digital Taxes Following Trump's Tariff Threat

    The European Commission said Tuesday that it stands by European Union member states keeping digital taxes in place despite President Donald Trump's renewed threats to impose tariffs on countries with measures hitting the U.S. tech giants.

  • August 25, 2025

    Trump Admin Agrees To Release Frozen Education Funds

    The Trump administration has agreed to release to a coalition of states the full balance of some $6.8 billion in congressionally appropriated educational program funding, the parties told a Rhode Island federal judge Monday, a little more than a month after the states challenged the funding freeze.

  • August 25, 2025

    Fla. ICE Official Warns Detention Center Closure Risks Safety

    The field office director for U.S. Immigrations and Customs Enforcement in Miami urged a Florida federal court to keep a temporary detention center in the Everglades in operation, saying in a motion to pause an injunction that closing the facility will endanger the community. 

  • August 25, 2025

    Fed. Court Can't Halt FDIC Enforcement Order, 5th Circ. Says

    The Federal Deposit Insurance Corp. can move forward with in-house enforcement proceedings against a former bank CEO, the Fifth Circuit ruled Monday, finding that a Texas district court did not have jurisdiction to block the agency from issuing a final decision over the bank executive's constitutional claims.

  • August 25, 2025

    NC Justices Serve State 2 Blows In Bars' COVID Closure Suits

    The North Carolina Supreme Court served bars dual victories in lawsuits against the state Friday, finding that the businesses had colorable claims under the state's constitution that COVID-19 closures violated their fundamental rights, thus permitting the cases to unfold in state trial court.

  • August 25, 2025

    DOJ Antitrust Whistleblowers May Find Ally At The Post Office

    The U.S. Department of Justice's new whistleblower program brings the Antitrust Division in line with other programs across the DOJ and at other agencies, although it may have a particularly broad scope thanks to a unique partnership with the U.S. Postal Service.

Expert Analysis

  • Annual Report Shows CFIUS Extending Its Reach In 2024

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    The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.

  • Trump Tax Law's Most Impactful Corp. And Individual Changes

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    The One Big Beautiful Bill Act built on and reshaped elements of the Tax Cuts and Jobs Act, including business interest deductions, bonus depreciation and personal income relief, delivering substantial changes to both corporate and individual tax policy, say attorneys at Weil.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Opinion

    Fla. Misses Opportunity To Rectify Wrongful Death Damages

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    Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.

  • Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions

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    The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.

  • Budget Act Should Boost Focus On Trade Compliance

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    Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.

  • NY Bill Would Complicate Labor Law Amid NLRB Uncertainty

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    The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.

  • Trump Tax Law's Most Consequential International Changes

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    The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • How 6th Circ. Ruling Deepens Split On Broker Liability

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    A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.

  • How The Genius Act May Aid In Fight Against 'Pig Butchering'

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    ​​​​​​​The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.

  • Assessing Strategies For Mixed-Use Pro Sports Projects

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    Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.

  • Opinion

    Congressional Bid Protest Concerns Lack Evidence

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    The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.

  • Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop

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    There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.

  • Biosolid Contaminants Spawn Litigation, Regulation Risks

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    While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.

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