Public Policy

  • 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.

  • September 18, 2025

    Army Challenges Tribe's Claims In Burial Dispute At 4th Circ.

    The U.S. Army told the Fourth Circuit this week that a tribe seeking the repatriation of remains from a former Pennsylvania Native American boarding school was wrong to claim that it couldn't find living relatives of the entombed children, citing a news article pointing to the existence of those relatives.

  • September 18, 2025

    9th Circ. Won't Stay Venezuelans' TPS Win Amid Feds' Appeal

    The Ninth Circuit denied on Wednesday the Trump administration's latest emergency-stay request, which would have let the government continue to unwind temporary protected status for 600,000 Venezuelans as it challenges its summary-judgment loss on appeal, rejecting the government's argument that the U.S. Supreme Court's prior stay ruling in the case controls.

  • September 18, 2025

    Gov't Told GPS Signal Jamming Growing Far Worse

    More than a dozen trade groups banded together to tell federal agencies that GPS signal jamming is a growing concern to U.S. industries in international waters and airspace.

  • September 18, 2025

    EPA Will Maintain Hazardous Designations For PFOA, PFOS

    The U.S. Environmental Protection Agency has said it will defend the Biden administration's decision to list two common forever chemicals as hazardous substances under the federal Superfund law.

  • September 18, 2025

    EPA Pitches Plan For Past Renewable Fuel Exemptions

    The U.S. Environmental Protection Agency has proposed to reallocate some portion of the biofuel blending volumes it exempted 175 small fuel refiners from in August to overall blending requirements for the next two years.

  • September 18, 2025

    Conn. Banking Chief Orders $4.9M Restitution In School Fraud

    Connecticut's banking commissioner has ordered two companies connected to Putnam Science Academy, a private high school in northeastern Connecticut, and two of its leaders to repay investors more than $4.9 million for allegedly perpetrating an affinity fraud scheme.

  • September 18, 2025

    Illinois Woman Loses Suit Over National Forest Hiking Injury

    An Illinois federal judge has thrown out a woman's claims against the federal government over injuries she sustained when she cut her leg on a jagged metal post in Shawnee National Forest in southern Illinois, saying the government is immune to some of her claims and there is insufficient evidence to back up the rest.

Expert Analysis

  • Unpacking The BIS Guidance On Chinese AI Chip Use

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    In response to May guidance from the Bureau of Industry and Security, which indicates the agency considers a wide but somewhat unclear range of activities involving Chinese integrated circuits to be in violation of its General Prohibition 10, companies should consider adopting enhanced due diligence to determine how firm counterparties may be using the affected chips, says Peter Lichtenbaum at Covington.

  • How To Address Tariff-Related Risks In Commercial Contracts

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    Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.

  • How New Texas Law Targets ESG Proxy Advice

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    A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.

  • 8 Compliance Team Strategies To Support Business Agility

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    Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • 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.

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