Public Policy

  • May 13, 2025

    Ga. Law Shields Pesticide Makers From Failure-To-Warn Suits

    Georgia Gov. Brian Kemp has signed new legislation into law that will soon shield pesticide manufacturers from liability in failure-to-warn suits, coming on the heels of a $2.1 billion verdict against the makers of Roundup weed killer delivered by a state jury earlier this year.

  • May 13, 2025

    Pot Payment Co. Wants Court To Enforce $1.3M Deal

    A Boulder, Colorado, fintech company said its former business associates in a failed joint venture to create a cannabis payment system cannot be trusted to pay the $1.3 million settlement meant to end all claims of fraud, urging a Nevada federal court to step in and force them to follow through.

  • May 13, 2025

    X Says Elon Musk Can't Sit For Media Matters Deposition

    X Corp. told a Texas federal judge that left-leaning watchdog Media Matters for America cannot make billionaire CEO Elon Musk sit for a deposition in X's disparagement suit, saying Musk lacks specific knowledge about the case and is "one of the busiest men on the planet."

  • May 13, 2025

    DOJ Antitrust Deputy Says Gov't 'Out-Lawyered' Google

    The deputy head of the U.S. Justice Department's Antitrust Division took a victory lap Tuesday after dual monopolization wins over Google's search and advertising technology businesses, citing the cases as proof that the government's attorneys can win in a "David versus Goliath" battle.

  • May 13, 2025

    Gov't To Restore Climate Webpages After Lawsuit Pressure

    The U.S. Department of Agriculture is reversing course and has committed to restore climate change-focused webpages that were taken offline following the January presidential inauguration, according to a court filing in a lawsuit from environmental groups challenging the removals.

  • May 13, 2025

    FTC Remains Concerned With Merger 'Underenforcement'

    A Federal Trade Commission official emphasized Tuesday that Trump administration merger enforcers are worried about taking insufficient action against tie-ups, as they stand by Biden-era guidelines meant to enshrine a more aggressive tack against corporate concentration.

  • May 13, 2025

    Google Spars With AGs Over Impact Of DOJ Ad Tech Ruling

    Google is telling a Texas federal judge that its recent ad tech trial loss to the U.S. Department of Justice in the Eastern District of Virginia should have no bearing on the similar case brought in Texas by state attorneys general because the Virginia ruling is not yet final.

  • May 13, 2025

    Ski Resort Owner Offers Alternative Fixes After Antitrust Loss

    A New York ski resort operator is offering alternative remedies for a state court to consider after it found the owner violated antitrust law by acquiring a rival ski operation and shutting it down, despite a call from enforcers for a sale of the property to another operator.

  • May 13, 2025

    Judge Won't Limit Foreign Aid Freeze Injunction

    A D.C. federal judge on Tuesday declined to commit to lifting part of a preliminary injunction requiring President Donald Trump's administration to release funding for foreign aid work done before Feb. 13, saying a recent U.S. Supreme Court decision does not change the analysis of his ruling.

  • May 13, 2025

    Lawsuit Challenging Trump Energy Order May Be Premature

    States may have good reasons to fight President Donald Trump's declaration of a national energy emergency, but courts may be unwilling to evaluate the strength of a new suit from 15 states in the absence of expedited energy project approvals.

  • May 13, 2025

    Senator Asks Interior For More SD Tribal Police Funding

    Sen. Mike Rounds of South Dakota has asked U.S. Department of the Interior Secretary Doug Burgum for more funding to support hiring efforts by tribal police in the state, requesting in a letter that he consider establishing a permanent tribal law enforcement training center on the Great Plains.

  • May 13, 2025

    SD Tribe's $1M School Debt Challenge Dismissed

    A federal court judge dismissed a South Dakota tribe's challenge alleging the Interior Department overcollected on a $1 million school debt obligation, finding Tuesday that while the tribe's argument is creative, there is no support for it in statute or case law.

  • May 13, 2025

    2 Courts Say Fla. Drag Show Rules Likely Unconstitutional

    Two federal courts this week have determined Florida rules targeting drag shows are likely unconstitutional, with the Eleventh Circuit on Tuesday upholding an injunction against enforcing a statute barring minors from "adult live performances" and a district court blocking a city's permit restriction for an outdoor event.

  • May 13, 2025

    Grocery Giants Fight Washington's 'Redundant' $32.4M Fee Bid

    Kroger and Albertsons are fighting a bid by Washington's attorney general to recover a record $32.4 million in legal fees for winning a lawsuit to block a $24.6 billion merger of the grocery giants, saying that the state's "go-it-alone" litigation was unnecessary and wasteful because of parallel antitrust action by the Federal Trade Commission.

  • May 13, 2025

    Pa. Court Debates RGGI Membership Without Lawmakers' Nod

    The Pennsylvania Supreme Court on Tuesday weighed if a law empowering the state's environmental regulator equated to securing legislative approval to join a multistate Regional Greenhouse Gas Initiative, with the state justices noting Pennsylvania is the only member to join without lawmakers' blessing.

  • May 13, 2025

    Texas Investigates Gen­er­al Mills Over Food Coloring In Cereal

    Texas launched an investigation against General Mills Inc. over allegedly illegal misrepresentations the company made about its cereals such as Trix and Lucky Charms, saying in a Tuesday announcement the cereals contain artificial dyes that pose severe health risks for children.

  • May 13, 2025

    FTC Says It Won't Enforce 'Click To Cancel' Until July

    The Federal Trade Commission, currently only staffed with Republicans following President Donald Trump's firing of the remaining two Democratic commissioners, has decided to pump the brakes on its plan to start enforcing the agency's new "click to cancel" rule this month.

  • May 13, 2025

    Planned Parenthood Wants Teen Program Fund Rule Blocked

    Planned Parenthood on Monday urged a D.C. federal judge to vacate the U.S. government's "unlawful" requirements to "align" with President Donald Trump's executive orders lest risk losing Teen Pregnancy Prevention Program funding, arguing its facilities will suffer staff cuts and loss of medically accurate, age-appropriate education services absent an injunction.

  • May 13, 2025

    Senators Grill Allstate, State Farm Heads On Disaster Claims

    Officials from Allstate and State Farm defended their claims-handling procedures for natural disasters before a U.S. Senate committee Tuesday amid testimony that the two major homeowners insurers routinely altered estimates and underpaid policyholders to protect their profits.

  • May 13, 2025

    House Panel Clears $3.8T Extension of 2017 Tax Overhaul Law

    The House Ways and Means Committee voted along party lines early Wednesday to approve a $3.8 trillion tax bill that would make permanent many of the tax cuts for businesses and individuals enacted in President Donald Trump's first term.

  • May 13, 2025

    Pa. Justices Question Ruling Over Verizon's Utility Pole Rents

    Some justices on Pennsylvania's Supreme Court questioned Tuesday whether the state's Public Utility Commission skipped steps in declaring that electrical utility FirstEnergy was charging Verizon "unjust and unreasonable" rates to rent space on utility poles, since the decision appeared to rest mainly on federal price limits the state had adopted.

  • May 13, 2025

    Senate Dems Say Paramount Deal Needs Full FCC Vote

    Two Democratic senators called Tuesday for a full Federal Communications Commission vote on the tie-up of Paramount and Skydance Media to avoid even the "appearance of impropriety" from the deal gaining approval amid President Donald Trump's suit against Paramount's CBS.

  • May 13, 2025

    NIH Letters Ending Grants Lack Factual Support, Judge Says

    A Massachusetts federal judge said Tuesday that a "blast" of hundreds of virtually identical letters in March canceling National Institutes of Health-funded research projects appeared to offer no factual basis, only unsupported assertions that the projects were unscientific or discriminatory.

  • May 13, 2025

    Michigan Judge Strikes Down State's Abortion Restrictions

    A Michigan judge struck down several of the state's abortion restrictions Tuesday, including a mandatory waiting period, required counseling materials and a rule that only doctors may perform abortions, finding the laws make it harder for people to access abortion and don't protect patients' health. 

  • May 13, 2025

    The Man Who Ended Affirmative Action Is Just Getting Started

    Nearly two years after the U.S. Supreme Court struck down affirmative action in college admissions, the legal strategist who brought the landmark case is using the ruling in a bid to end race-based programs in the public and private sectors, bolstered by allies in the executive branch.

Expert Analysis

  • Charging A Separate Tariff Fee May Backfire For Retailers

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    In the wake of the Trump administration's newly imposed tariffs, retailers facing significant supply chain cost increases may be considering adding a tariff fee to offset these costs, but doing so risks violating state drip pricing bans, say attorneys at Benesch.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Why Trade Cases May Put Maple Leaf Deference On Review

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    When litigation challenging the president’s trade actions reaches the Federal Circuit, the court will have to reevaluate the Maple Leaf standard in light of the U.S. Supreme Court's 2024 Loper Bright decision limiting Chevron-like deference to cases involving statutory provisions in which Congress delegated discretionary authority to the executive branch, say attorneys at Wiley.

  • Risk Control Tips For Banks With Cryptocurrency Customers

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    Given federal policy shifts, cryptocurrency's presence within the U.S. banking system will doubtless increase, so banks should keep in mind key risk control considerations when accepting funds related to cryptocurrency transactions — and make sure they know their customers and the crypto industry, says Jason Noto at Polsinelli.

  • How The USPTO Might Find A Path Forward After Job Cuts

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    Recent layoff plans and other cost-reduction initiatives at the U.S. Patent and Trademark Office call for a corresponding adjustment to improve operational efficiency, such as adding post-filing examination request procedures and artificial intelligence enhancements, says James Gourley at Carstens Allen.

  • How Trump Orders Affect Health Orgs.' Care For Trans Minors

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    Two recent executive orders issued by President Donald Trump regarding gender-affirming care for minors have put healthcare organizations in a precarious situation, and these institutions should prepare for various implications and potential scenarios, say attorneys at ArentFox.

  • FDIC Rules Rollback Foretells More Pro-Industry Changes

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    The Federal Deposit Insurance Corp.’s March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill’s commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.

  • Trump DOE's Plan On AI Offers Challenges, Opportunities

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    The Trump administration's push to make federal land available for development of artificial intelligence data centers follows a similar Biden administration proposal — but a new request for information from the U.S. Department of Energy envisions a rapid timeline that may prove challenging for both the DOE and industry stakeholders, say attorneys at HWG.

  • NY Tax Talk: Sourcing, Retroactivity, Information Services

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    Attorneys at Eversheds Sutherland examine recent decisions by New York’s Tax Appeals Tribunal, Division of Taxation and Court of Appeals on location sourcing of broker-dealer receipts, a case of first impression on the retroactive application of Corporate Franchise Tax regulations and when fees for information services are excluded from taxation.

  • DOJ Memo Maps Out A Lighter Touch For Digital Assets

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    A recent memo issued by the Justice Department signals a less aggressive approach toward the digital asset industry, with notable directives including disbandment of the National Cryptocurrency Enforcement Team, a higher evidentiary bar for unlicensed money transmitting, and prosecutions of individuals rather than platforms, say attorneys at Cleary.

  • SEC Update May Ease Accredited Investor Status Verification

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    The U.S. Securities and Exchange Commission recently opened a new avenue to verifying accredited investor status, which could encourage more private fund sponsors and other issuers to engage in a general solicitation with less fear that they will lose the offering's exemption from registration under the Securities Act, say attorneys at Simpson Thacher.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Avoiding Compliance Risks Under Calif. Recycling Label Law

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    CalRecycle's recently published final findings on California's S.B. 343 — determining which products and packaging materials are eligible to use the "chasing arrows" recyclability symbol — offer key guidance that businesses operating in the state must heed to avert the risk of penalties or litigation, says Christopher Smith at Greenspoon Marder.

  • Reproductive Health Under Trump So Far, And What's Next

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    Based on priorities stated so far, the Trump administration will likely continue to weaken Biden-era policies that protect reproductive health, with abortion, in vitro fertilization and contraception all being issues to watch closely amid a post-Dobbs shift, say attorneys at McDermott.

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