Public Policy

  • November 04, 2025

    Dechert Tracks Significant Decline In U.S. Merger Probes

    Dechert LLP's latest merger review report counted a dramatic decrease in the number of significant U.S. Department of Justice and Federal Trade Commission tie-up investigations between July and September and year-to-date, coming in at just two-thirds of the average over the last 15 years.

  • November 04, 2025

    Mass. Attys Split As Punitive Damages Rules Go To Top Court

    A case before Massachusetts' top appellate court over whether more safeguards are needed to cap runaway punitive damage awards has divided attorneys, with some saying the big-dollar verdicts can be skewed by improper evidence and others calling the matter a solution in search of a problem.

  • November 04, 2025

    Industry, Enviros Oppose EPA Plan To Ditch GHG Reporting

    Industry and environmental groups alike are pushing back against the U.S. Environmental Protection Agency's proposal to repeal a program that requires power plants, fossil fuel and natural gas suppliers, and other facilities to report their greenhouse gas emissions.

  • November 04, 2025

    Judge Voids DOT Directive Tying State Grants To Immigration

    The U.S. Department of Transportation cannot condition billions in grants on states cooperating with President Donald Trump's immigration crackdown, a Rhode Island federal judge ruled Tuesday, saying the administration "blatantly overstepped" its authority by imposing sweeping and unlawful conditions on federally appropriated funds.  

  • November 04, 2025

    States' Zillow, Redfin Suit In Va. Paused Amid Gov't Shutdown

    A Virginia federal judge has granted a joint motion to pause an antitrust suit filed by Virginia and four other states against Zillow Group Inc., Zillow Inc. and Redfin Corp., ruling the suit will be paused until the current federal government shutdown ends.

  • November 04, 2025

    Calif. Coalition Slams $350M Cut To Minority-Serving Colleges

    A coalition of Democratic state and federal California lawmakers is calling on U.S. Education Secretary Linda McMahon to allocate money to support minority-serving colleges and universities, saying the federal government's decision to withhold $350 million in discretionary funding undermines the ability to serve underrepresented communities.

  • November 04, 2025

    Fla. Law Banning Lab Meat Is Preempted, 11th Circ. Hears

    A California company urged the Eleventh Circuit Tuesday to reverse a lower court's decision denying a preliminary injunction against a Florida state law banning lab-grown meat, arguing the Sunshine State's prohibition is federally preempted.

  • November 04, 2025

    Ex-County Staffer, Housing Leader Admit To Bribery Scheme

    A former program director for a Detroit housing nonprofit and former Wayne County taxpayer assistant pled guilty Tuesday to operating a scheme to remove homes from the county's foreclosure list to fraudulently transfer to new ownership and sell the properties.

  • November 04, 2025

    9th Circ. Revives Ore. Right To Life Suit: 3 Things To Know

    A divided Ninth Circuit panel sided with an Oregon anti-abortion group last week and reinstated its lawsuit challenging a state law that requires health plans to cover abortion and contraceptives.

  • November 04, 2025

    Wash. AG Launches Public Records Unit To Up Transparency

    The Washington State Office of the Attorney General is launching a new unit designed to expand access to government records, the office announced on Tuesday, noting that public records requests in the state have nearly doubled over the past decade.

  • November 04, 2025

    'Chinese Military' Tag Is Unlawful, Drone Maker Tells DC Circ.

    Drone maker DJI has taken its arguments that the Pentagon unlawfully labeled it a "Chinese military company" to a higher court.

  • November 04, 2025

    Alcohol Interests Urge Congress To Ban Intoxicating Hemp

    Alcohol industry trade organizations on Tuesday urged congressional leaders to close the federal policy loophole that allowed for the proliferation of loosely regulated products containing intoxicating THC derived from hemp.

  • November 04, 2025

    DHS Accelerates New Rule To Protect Property, Citing Unrest

    The U.S. Department of Homeland Security said Tuesday that a rule aimed at helping protect federal property must take effect this week, rather than in January, due to a "cascade of violence" threatening federal buildings and law enforcement officers.

  • November 04, 2025

    Top Groups Lobbying The FCC

    October's government shutdown didn't snuff out lobbying efforts at the Federal Communications Commission. While the number of disclosed appearances fell sharply, various groups managed to share their views on broadband "nutrition" labels, next-generation TV, C-band spectrum, anti-robocall rules and more.

  • November 04, 2025

    Okla. Tribes Push For Quick Win In Gaming Compact Dispute

    Three Oklahoma tribes are asking a D.C. federal court for a summary judgment win in a dispute over Class II gaming compacts with the state, arguing that the governor lacked authority to enter into the agreements with two other tribes.

  • November 04, 2025

    DOJ Ignores Court Discovery Order In Letitia James Case

    The U.S. Department of Justice has refused to provide New York Attorney General Letitia James access to documents related to her October indictment on mortgage fraud charges, arguing Tuesday that a Virginia federal judge was too early in making the discovery order.

  • November 04, 2025

    Confirmation Ends Dem-Appointed Judges' Lock On 1st Circ.

    The Senate voted 52-46 on Tuesday to confirm Joshua D. Dunlap, a partner at Pierce Atwood LLP, to the First Circuit.

  • November 04, 2025

    Ohio Board Bumps Apartment Building's Value

    An apartment building should have its value increased from $24 million to $41.5 million based on its most recent sales price, the Ohio Board of Tax Appeals ruled.

  • November 04, 2025

    Ex-Conn. Official Gets Sentencing Delayed Pending 2nd Trial

    A Connecticut federal judge on Tuesday indefinitely delayed sentencing for Konstantinos "Kosta" Diamantis, a former Connecticut budget official convicted of soliciting and accepting bribes connected to school construction projects, after defense counsel requested a pause until a second trial on unrelated corruption charges concludes.

  • November 04, 2025

    2nd Circ. Hints Bankman-Fried's $11B Forfeiture Is Overkill

    The Second Circuit suggested Tuesday that the government's $11 billion forfeiture order against Sam Bankman-Fried may be unconstitutionally large, noting that the staggering amount tops the raft of cases tasking the court with determining if such money judgments pass Eighth Amendment muster.

  • November 04, 2025

    Approach The Bench: Justice McKenna On Earning Her Master's

    Sabrina McKenna, acting chief justice of the Hawaii Supreme Court, had been on the bench for about three decades before she decided to go back to school to study the work of judging.

  • November 03, 2025

    Feds Defend Cases Against James Comey, Letitia James

    The U.S. Department of Justice on Monday took a swing at bids by former FBI Director James Comey and New York Attorney General Letitia James to get their indictments thrown out, telling a federal judge the appointment of interim U.S. Attorney Lindsey Halligan was valid.

  • November 03, 2025

    'Frankly, They're Irrelevant:' ABA Ratings In Trump's 2nd Term

    The American Bar Association, long considered the gold standard for rating judicial nominees, no longer gets to interview them as Trump officials claim the group's "not qualified" rating for some nominees during Trump's first term shows it is a biased and "leftist" organization. Ironically though, ABA ratings for President Donald Trump's second-term picks are mostly positive so far.

  • November 03, 2025

    Squires' First Orders Reject PTAB Petitions En Masse

    U.S. Patent and Trademark Office Director John Squires, true to his word, rejected 13 petitions for inter partes review with no explanation, furthering the administration's controversial push toward narrowing the Patent Trial and Appeal Board's place in patent litigation. 

  • November 03, 2025

    BofA Says It's Fielding 'Fair Access' Regulatory Inquiries

    Bank of America Corp. has told investors it is facing government scrutiny tied to President Donald Trump's push to crack down on alleged political and religious discrimination by financial institutions.

Expert Analysis

  • Compliance Steps To Take As FCRA Enforcement Widens

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    As the Fair Credit Reporting Act receives renewed focus from both federal and state enforcers, regulatory and litigation risk is most acute in several core areas, which companies can address by implementing purpose processes and quick remediation of consumer complaints, among other steps, say attorneys at Wiley.

  • What EPA's Continued Defense Of PFAS Rule Means For Cos.

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    The U.S. Environmental Protection Agency's recent decision to continue defending a Biden-era rule designating two per- and polyfluoroalkyl substances as Superfund hazards may provide the EPA with significant authority over national PFAS cleanup policy — and spur further litigation by both government and private parties, say attorneys at Morgan Lewis.

  • 6 Shifts In Trump Tax Law May Lend A Hand To M&A Strategy

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    Changes in the Trump administration's recent One Big Beautiful Bill Act stand to create a more favorable environment for mergers and acquisitions, including full bonus depreciation and an expanded code section, say attorneys at K&L Gates.

  • Trends In Post-Grant Practice Since USPTO Denial Guidance

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    Six months after the U.S. Patent and Trademark Office updated its guidance on discretionary denial of inter partes review and post-grant review, noteworthy trends in denial statistics have emerged, warranting a reassessment of strategies for parallel proceedings, says Andrew Ramos at Bayes.

  • Examining The Quietest EEOC Enforcement Year In A Decade

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    The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.

  • Transource Ruling Affirms FERC's Grid Planning Authority

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    The Third Circuit's recent decision in Transource Pennsylvania v. DeFrank, reversing a state agency's denial of an electric transmission facility permit, provides a check on states' ability to veto needed power projects, and is a resounding endorsement of the Federal Energy Regulatory Commission's regional transmission planning authority, say attorneys at Wilson Sonsini.

  • Assessing The Future Of The HIPAA Reproductive Health Rule

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    In light of a Texas federal court's recent decision to strike down a U.S. Department of Health and Human Services rule aimed to protect the privacy of patients seeking abortions and gender-affirming care, entities are at least temporarily relieved from compliance obligations, but tensions are likely to continue for the foreseeable future, says Liz Heddleston at Woods Rogers.

  • State Paid Leave Laws Are Changing Employer Obligations

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    A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.

  • How Crypto Embrace Will Affect Banks And Credit Unions

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    The second Trump administration has moved aggressively to promote crypto-friendly reforms and initiatives, and as the embrace of stablecoins and distributed ledger technology grows, community banks and credit unions should think strategically as to how they might use these innovations to best serve their customers, says Jay Spruill at Woods Rogers.

  • In NY, Long COVID (Tolling) Still Applies

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    A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.

  • Navigating The SEC's Evolving Foreign Private Issuer Regime

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    As the U.S. Securities and Exchange Commission reevaluates foreign private issuer eligibility, FPIs face not only incremental compliance costs but also a potential reshaping of listing strategies, capital access, enforcement exposure and global regulatory coordination, potential unintended effects that deserve further exploration, say attorneys at Simpson Thacher.

  • New Conn. Real Estate Laws Will Reshape Housing Landscape

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    With new legislation tackling Connecticut's real estate landscape, introducing critical new requirements and legal ambiguities that demand careful interpretation, legal counsel will have to navigate a significantly altered and more complex regulatory environment, say attorneys at Harris Beach.

  • USPTO Under Squires: A Look At The First Month

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    New U.S. Patent and Trademark Office Director John Squires' opening acts — substantive and symbolic — signal a posture that is more welcoming to technological improvements and focused on rebalancing the office's gatekeeping role, say attorneys at Seyfarth.

  • Iran Sanctions Snapback Raises Global Compliance Risks

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    ​The reimplementation of U.N. sanctions targeting Iran’s nuclear program​, under a Security Council resolution​'s snapback mechanism, and​ related actions in Europe and the U.K., may change U.S. due diligence expectations and enforcement policies, particularly as they apply to non-U.S. businesses that do business with Iran, says John Sandage at Berliner Corcoran.

  • Hermes Bags Antitrust Win That Clarifies Luxury Tying Claims

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    A California federal court recently found that absent actual harm to competition in the market for ancillary products, Hermes may make access to the Birkin bag contingent on other purchases, establishing that selective sales tactics and scarcity do not automatically violate U.S. antitrust law, say attorneys at Holland & Knight.

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