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Public Policy
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August 06, 2025
Colo. Justices Asked To Rule On Pro Se Appeal Authority
A plumbing company and two Colorado homeowners asked the state's Supreme Court on Tuesday to clarify that the Colorado Court of Appeals has jurisdiction to prevent litigants from making "frivolous" pro se filings, contrary to a prior ruling from the court.
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August 06, 2025
Texas Developers' Antitrust Claims Don't Hold Up, Judge Says
A Texas federal judge on Wednesday recommended dismissal of antitrust claims brought by real estate companies that claimed the city of Mansfield illegally blocked their access to water utilities, finding the city was taking action within its purview.
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August 06, 2025
Judge Questions USDA's Climate Grant Cuts
A D.C. federal judge grilled an attorney for the federal government over why the U.S. Department of Agriculture's climate-focused grants for farmers and food nonprofits were rescinded en masse when they seemingly aligned with the program, but also told recipients that she won't be "rearranging" the agency's priorities.
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August 06, 2025
FAR Council Issues Final Rule On SAM Registration
The Federal Acquisition Regulatory Council issued a final rule on Wednesday clarifying that contractors don't need to be continuously registered in a federal database between bidding and contract award.
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August 06, 2025
US Asks High Court To Decide If Drug Users Can Have Guns
The Trump administration has asked the U.S. Supreme Court to resolve "a four-way circuit conflict" over whether it is legal to prevent users of drugs including marijuana, which has been legalized in some fashion in the vast majority of states, from possessing firearms.
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August 06, 2025
9th Circ. Backs SEC's No-Denials Settlements Rule
The Ninth Circuit on Wednesday rejected a First Amendment challenge to a decades-old U.S. Securities and Exchange Commission rule that restricts defendants who settle securities law charges from denying the claims against them, saying the law has "long regarded the voluntary relinquishment of constitutional rights as permissible" with safeguards.
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August 06, 2025
NY US Atty Faces Watchdog's Ethics Suit After Altercation
Legal ethics watchdog Campaign for Accountability on Wednesday called for an ethics probe of acting U.S. Attorney John Sarcone III of the Northern District of New York, alleging that he made a number of deceptive claims arising from a June altercation.
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August 06, 2025
Family Says Court Must Face Bias Suit Over Witness Killing
The father of a pregnant woman from Las Vegas who was fatally shot after traveling to Asheville to testify in a capital murder case urged the North Carolina Court of Appeals to restore his case against the state's court administrative office, arguing it was not time-barred.
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August 06, 2025
Ark. Prisoners Challenge Nitrogen Gas Execution Law
Ten Arkansas death row inmates have challenged a new law authorizing their execution by nitrogen gas, arguing the law is unconstitutional because it violates the state's separation of powers doctrine, an attorney confirmed to Law360.
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August 06, 2025
Interior Dept. Reverses Approval Of Idaho Wind Farm
The U.S. Department of the Interior on Wednesday said it would reverse a Biden-era approval of a controversial wind farm in Idaho, the latest move by the Trump administration to restrict U.S. wind energy development.
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August 06, 2025
Pa. House Bill Seeks To Legalize, Tax Adult-Use Cannabis
Pennsylvania would legalize adult-use cannabis and impose a tax on its sale and cultivation under a bill introduced in the state House of Representatives.
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August 06, 2025
Trump Hits India With 50% Tariff For Russian Oil Purchases
President Donald Trump announced Wednesday that he would increase India's tariff rate to 50% by late August, citing the country's imports of Russian oil.
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August 06, 2025
DOJ, Google Get OK For 2-Week Ad Tech Remedies Trial
When Google faces off against the U.S. Department of Justice at trial next month to determine what remedy the tech behemoth should provide for illegally maintaining a monopoly over advertising technology services, they'll each get five or six court days to make their case.
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August 06, 2025
FTC Challenges $945M Heart Valve Deal
The Federal Trade Commission filed suit Wednesday against Edwards Lifesciences Corp. over the company's proposed $945 million purchase of JenaValve Technology Inc., arguing the deal would give Edwards control over both of the only firms with ongoing U.S. clinical trials developing an important heart valve replacement device.
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August 06, 2025
Starmer Declines To Rule Out Tax Hikes In UK Budget
U.K. Prime Minister Keir Starmer declined to rule out tax hikes in the autumn budget after a think tank claimed Wednesday that the government will need to raise more tax revenue to meet its fiscal rules and prevent a deficit of £41.2 billion ($55 billion).
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August 06, 2025
G7's Tax Carveout For US Cos. Raises EU State Aid Questions
The Group of Seven nations' deal to exclude U.S. companies from Pillar Two minimum tax rules would give those companies a competitive advantage, experts say, prompting questions about the carveout's compatibility with EU state aid rules and whether a viable path exists to challenge the deal.
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August 06, 2025
Conn. Schools Seek Pause In Trans Athlete Case Amid Review
A Connecticut athletic association and five local school boards have asked a federal judge to stay discovery and summary judgment deadlines in a lawsuit challenging their transgender inclusion policy until the U.S. Supreme Court issues an opinion on the issue.
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August 06, 2025
Flint Will Pay $225K To End Ex-Fire Chief's Firing Suit
The city of Flint has reached a $225,000 settlement with a former fire chief who has alleged he was fired for refusing to claw back his public recommendation to terminate firefighters for their alleged racist misconduct at a house fire, and the city council is poised to review the agreement at its August meeting.
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August 06, 2025
Honduran Woman 'Cruelly' Separated From Family Wins Relief
A Manhattan federal judge on Wednesday extended an order preventing the Trump administration from removing a Honduran woman who was "abruptly and cruelly" arrested during a check-in with New York City immigration officials and moved to a Texas detention center.
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August 06, 2025
Feds Agree To Restore Georgetown Academic's Visa Record
A Virginia federal judge approved a settlement resolving one aspect of Georgetown academic Badar Khan Suri's fight against the Trump administration's attempt to deport him on foreign policy grounds after the government said it restored his electronic visa record.
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August 06, 2025
LA Seeks To Nix Attys In Ex-Cop's Military Leave Bias Suit
Attorneys for a former Los Angeles Police Department lieutenant improperly obtained and tried to use a privileged email between a city attorney and a current LAPD lieutenant in a military bias suit, the city said, urging a California federal court to disqualify them from the case.
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August 05, 2025
Wash. Judge Questions Injunctions' Scope In Head Start Case
A Washington federal judge asked attorneys Tuesday to explain how the U.S. Supreme Court's decision concerning nationwide injunctions might impact efforts by a group of Head Start associations to halt federal directives restricting noncitizen access to the program and use of funds for diversity initiatives.
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August 05, 2025
Tornado Cash Jury Still Out, SEC Leader Backs Privacy Tech
Jury deliberations in the money laundering and sanctions trial of Tornado Cash co-founder Roman Storm continued Tuesday with no verdict, one day after a top securities regulator championed the legitimacy of privacy-protecting technologies, much like defense claims about the cryptocurrency tumbler.
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August 05, 2025
Student Says Emory Suspended Her For Palestinian Support
A Muslim, Palestinian American student is suing Emory University, its board of trustees and a leader at its medical school in Georgia federal court, alleging her rights were violated when she was suspended after supporting "Palestinian human rights and criticizing discriminatory treatment" at the university.
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August 05, 2025
Long Island Town Challenges Tribal Land Determination
A Long Island town is challenging a federal government decision to place 84 acres into a restricted fee status for the Shinnecock Indian Nation, saying its effect has recognized the property as Indian Country in such a way that has destroyed the municipality's regulatory jurisdiction.
Expert Analysis
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Tips For Cos. From California Climate Reporting FAQ
New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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Legal Considerations Around Ibogaine As Addiction Therapy
Recent funding approval in Texas pertaining to the use of ibogaine for the potential treatment of substance use disorders signals a growing openness to innovative addiction treatments, but also underscores the need for rigorous compliance with state and federal requirements and ethical research standards, say attorneys at Husch Blackwell.
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Unpacking DOJ's Suit Against Maryland Federal Bench
Political hoopla aside, the Trump administration’s suit naming the Maryland federal district court and all of its judges, which challenges a standing order that delays deportation upon the filing of a habeas petition, raises valid questions about both the validity of the order and the DOJ’s approach, says Steven Gordon at Holland & Knight.
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What Calif. Insurance Ruling Means For Smoke Damage Limits
As California continues to grapple with an increasing number of wildfire claims, a state court's recent Aliff v. California FAIR Plan decision serves as a clear directive to insurers that policy language that narrows the scope of fire coverage below the California Insurance Code's minimum standards is impermissible, say attorneys at Wood Smith.
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Wash. Law Highlights Debate Over Unemployment For Strikers
A new Washington state law that will allow strikers to receive unemployment benefits during work stoppages raises questions about whether such laws subsidize disruptions to the economy or whether they are preempted by federal labor law, says Daniel Johns at Cozen O'Connor.
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Why SEC Abandoned Microcap Convertible Debt Crackdown
The U.S. Securities and Exchange Commission has recently dismissed several cases targeting microcap convertible debt lenders, a significant disavowal of what was a controversial enforcement initiative under the Biden administration and a message that the new administration will focus on clear fraud, say attorneys at O'Melveny.
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Justices' Resentencing Ruling Fortifies First Step Act Tools
The U.S. Supreme Court’s recent Hewitt v. U.S. ruling clarifies that resentencing after vacatur must reflect the law in effect at the time of the new sentencing, ultimately strengthening the strategic tools available to defense attorneys under the First Step Act, says Benson Varghese at Varghese Summersett.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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A Rapidly Evolving Landscape For Noncompetes In Healthcare
A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.
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New PTAB Denial Processes Grow More And More Confusing
Guidance from the U.S. Patent and Trademark Office about the Patent Trial and Appeal Board's new workload management and discretionary denial processes has been murky and inconsistent, and has been further muddled by the acting director's seemingly contradictory decisions, say attorneys at Finnegan.
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Arguing The 8th Amendment For Reduction In FCA Penalties
While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.
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GENIUS Act Creates 'Commodity' Uncertainty For Stablecoins
Half a century ago, Congress made trading in onion futures on commodity exchanges unlawful, and payment stablecoins could soon face a similarly unstable fate in the markets as the GENIUS Act heads to the president's desk for signature, says Peter Malyshev at Cadwalader.
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EU Space Act Could Stifle US Commercial Operators
The EU Space Act, proposed last month, has the potential to raise global standards for safety and sustainability in space, but the U.S. and EU need to harmonize their regulatory approaches to avoid imposing regulatory burdens that undermine commercial innovation and agility, say Jessica Noble and Adriane Mandakunis at Aegis Space Law.