Public Policy

  • August 28, 2025

    9th Circ. Rules BLM Can Implement Oregon Logging Plan

    Officials at the U.S. Bureau of Land Management sufficiently vetted an Oregon logging project that conservationists claim will harm threatened wildlife, a Ninth Circuit panel has ruled, concluding the project does not violate earlier plans to protect coastal forest habitats.

  • August 28, 2025

    4chan Says UK Online Censorship Law Is Powerless In US

    Controversial online platforms Kiwi Farms and 4chan have slapped the United Kingdom's Office of Communications with a lawsuit in D.C. federal court, saying the foreign agency has no power to make them comply with a British privacy law that violates their rights under the U.S. Constitution.

  • August 28, 2025

    DOJ Right On Anti-Vax Group's AP Boycott Claims, Court Told

    The anti-vaccine group founded by U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. on Wednesday latched onto the arguments raised by the Justice Department backing its lawsuit alleging The Associated Press, the Washington Post, Reuters and the BBC colluded with social media platforms to censor rivals.

  • August 28, 2025

    Amid Firings, DOJ Opens Temp Judge Eligibility To Any Atty

    A new final rule that took effect Thursday removes prior restrictions on who can be a temporary immigration judge, opening the positions to any attorney and waiving the requirement for immigration law experience while the Trump administration continues firing permanent judges.

  • August 28, 2025

    CFTC Clears Registration Path For Offshore Crypto Cos.

    The U.S. Commodity Futures Trading Commission on Thursday made clear that certain offshore cryptocurrency entities can use its foreign board of trade registration framework to serve U.S. customers.

  • August 28, 2025

    NJ Borough Sues American Dream Mall Over Sunday Sales

    A New Jersey borough sued a major East Rutherford mall owner, its main tenant and other parties in state court over the mall allegedly violating the state's ban on selling certain items on Sundays, urging the court to block the main tenant's retail operations and to declare the mall's premises and the sale of the banned products to be public nuisances.

  • August 28, 2025

    Fed. Circ. Says AI Co. Not 'Interested Party' In Bid Protest

    The en banc Federal Circuit affirmed on Thursday a lower court's dismissal of Percipient.ai's protest challenging its exclusion from consideration to supply computer vision technology under a $376.4 million National Geospatial-Intelligence Agency procurement, holding that the company lacks standing.

  • August 28, 2025

    Trump Admin Backs Harvard Foreign Student Ban At 1st Circ.

    The Trump administration defended its attempt to bar foreign students from enrolling at Harvard University, telling the First Circuit in a brief filed Thursday that a federal judge who blocked the move has no business second-guessing immigration decisions made by the executive branch. 

  • August 28, 2025

    Local Gov'ts Seek Win In Suit Over HHS-Canceled Grants

    Four local governments and a union asked a D.C. federal judge on Wednesday to declare that the U.S. Department of Health and Human Services acted unlawfully when it canceled $11 billion in grants awarded to improve public health systems around the country.

  • August 28, 2025

    End Of De Minimis Duty Breaks May Snag Supply Chains

    As the duty exemption for low-value imports ends Friday in accordance with President Donald Trump's executive order, lawyers say they expect cost increases for importers and customers and administrative burdens that could snarl supply chains, especially for consumer goods.

  • August 28, 2025

    FTC Unpauses Administrative Case Over Insulin Prices

    The Federal Trade Commission has restarted its in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, now that two commissioners are able to consider the claims.

  • August 28, 2025

    Unions Urge Judgment Blocking DOGE's Agency Access

    Unions and advocacy groups asked a Washington, D.C., federal judge Thursday for a win before trial in their lawsuit claiming agencies unlawfully provided Elon Musk's Department of Government Efficiency access to sensitive data, saying the agencies departed from their usual data access procedures without explanation.

  • August 28, 2025

    EPA Backs Truck-Makers' Bid To Block Calif. Emissions Regs

    The U.S. Environmental Protection Agency on Wednesday joined truck-makers in asking a California federal court to immediately block implementation of the state's emissions standards for heavy-duty trucks.

  • August 28, 2025

    Religion Didn't Drive Ex-CTA Worker's Vax Refusal, Jury Hears

    A former Chicago Transit Authority electrician hasn't met his burden of proving religious discrimination was behind his termination when he refused to be vaccinated against COVID-19, and his refusal was based on personal preference and health and safety concerns about the jab, an Illinois federal jury heard Thursday.

  • August 28, 2025

    Court Blocks Bid To Keep Everglades Detention Center Open

    A Florida federal judge denied a bid to halt a preliminary injunction requiring the government to cease operations at an Everglades immigration detention center, ruling no new evidence was shown that its detainees are dangerous or why a facility must be placed in that particular location. 

  • August 28, 2025

    USPTO Offers Streamlined Patent, TM Assignment Search Tool

    The U.S. Patent and Trademark Office is upgrading its search system for patent and trademark assignment records with a web-based platform beginning next month, the agency said.

  • August 28, 2025

    Arkansas Court Dismisses Cherokee Casino License Claims

    An Arkansas judge Thursday dismissed a challenge by Cherokee Nation entities over a gaming license in the state, saying the voter amendment that revoked it did not impair any of their contractual obligations and precedent forecloses on any damage claims.

  • August 28, 2025

    AstraZeneca Challenges Colo. Law Over Drug Pricing Rules

    Pharmaceutical giant AstraZeneca told a Colorado federal judge Wednesday that a recently passed state law aiming to extend a federal drug discount program to certain pharmacies is preempted by the same law that created the program.

  • August 28, 2025

    Tribal Members Seek 5th Circ. Redo In San Antonio Park Row

    Two members of a Native American church are asking the Fifth Circuit to rehear its appeal, which looks to block the restoration of a San Antonio park, saying that if left uncorrected, the opinion will leave religious believers vulnerable and sow confusion among district courts.

  • August 28, 2025

    Cannabis Biz Says Long Island Town Illicitly Blocked Opening

    A cannabis company alleged in a new state court lawsuit that the Long Island town of Southampton improperly invoked a local zoning law to prevent the opening of a marijuana store that had secured state approval for retail and deliveries.

  • August 28, 2025

    Energy Dept. Extends Pa. Plant's Lifespan, Citing Power Risks

    U.S. Department of Energy Secretary Chris Wright on Thursday ordered PJM Interconnection and Constellation Energy to continue operating a Pennsylvania power plant that was supposed to have closed in May.

  • August 28, 2025

    Wash. Sen. Opposes Full-Term Role For State's New US Atty

    The newly installed interim U.S. attorney for the Eastern District of Washington at this juncture has not been nominated for the full-term role, but one of the state's Democratic senators is already vowing to prevent his confirmation.

  • August 28, 2025

    Red States Fight Youths' Effort To Stop Trump Energy Orders

    Blocking implementation of President Donald Trump's energy-related emergency orders would harm the U.S. electric grid and economy in ways that would outweigh any purported climate change benefits, Republican-led states told a Montana federal judge.

  • August 28, 2025

    Trump Fires Democratic Member Of Rail Regulator

    President Donald Trump on Thursday fired a Democratic member of the Surface Transportation Board who has opposed further consolidation in the rail industry, ousting Robert Primus just as the board prepares to consider the proposed megamerger between Union Pacific and Norfolk Southern.

  • August 28, 2025

    Ga.'s Chief Justice Warns Of AI's Risks To Trial Evidence

    As generative artificial intelligence tools have become widely accessible, Georgia's chief justice said Thursday he's worried about how the technology can be used to manipulate and distort evidence presented in court and what the judiciary can do to prevent that. 

Expert Analysis

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Plan For Increased HSR Info Sharing With Wash. Antitrust Law

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    Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.

  • Federal Construction Considerations Amid Policy Overhaul

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    The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.

  • FMLA Expansion Sees State Progress Despite Federal Barriers

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    Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.

  • How Political Divisions Are Stalling Pa. Energy Development

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    Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.

  • 3rd-Party Audit Tactics To Improve Export Control Compliance

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    Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.

  • A Look At Trump Admin's Shifting Strategies To Curtail CFPB

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Evading DOJ Crosshairs As Data Security Open Season Starts

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    As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.

  • How Trump's Trade Policies Are Shaping Foreign Investment

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    Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.

  • How Trump Admin Treasury Policies Are Reaching Banks

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    The Treasury Department has emerged as an important facilitator of the Trump administration's financial policies affecting banks, which are now facing deregulation domestically and the use of international economic authorities in cross-border trade and investment, say attorneys at Davis Polk.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • FTC Focus: Enforcers Study AI Innovation And Entrenchment

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    The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

  • Policy Shifts Bring New Anti-Money Laundering Challenges

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    In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

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