Public Policy

  • August 19, 2025

    Bid To Revisit Minn. Gaming Immunity Order Shut Down

    A Minnesota federal judge won't revisit an order that dismissed a commercial casino and horse racetrack operator's Class III gaming lawsuit on sovereign immunity grounds, saying another attempt can't overcome appellate court precedent.

  • August 19, 2025

    Sacramento Says 2nd Circ. Erred In Cannabis Ruling

    The city of Sacramento has told the Ninth Circuit that the Second Circuit erred when it applied the U.S. Constitution's dormant commerce clause to marijuana, and urged the appellate court not to follow suit in a similar pending case.

  • August 19, 2025

    Reasoning For IRS Firings Clashes With Reality, TIGTA Says

    Probationary workers at the Internal Revenue Service who were told earlier this year that they were fired for performance had been rated highly or had not been there long enough to be evaluated, according to a report Tuesday by the Treasury Inspector General for Tax Administration.

  • August 19, 2025

    Judge Backs Deal To Overhaul NY Kids' Mental Healthcare

    A New York federal judge has given the green light to allow the state to revamp its Medicaid mental health services for children to expand greater in-home and crisis care to prevent the institutionalization of kids. 

  • August 19, 2025

    DOJ Asks Full 4th Circ. To Rehear Judges' Speech Dispute

    The U.S. Department of Justice petitioned the full Fourth Circuit to rehear a June panel decision reviving a free speech suit from an immigration judges union, saying it flouts U.S. Supreme Court precedent and implements a novel legal requirement.

  • August 19, 2025

    Nantucket Civil Rights Case Partially Revived On Appeal

    A Massachusetts intermediate-level appeals court ruled Tuesday that "hostile" responses by Nantucket's longtime town manager to a Black resident's comments about a hate crime investigation could reasonably be found by a jury to violate the resident's state civil rights.

  • August 19, 2025

    FERC Grid Project Carveouts Are Unjustified, DC Circ. Told

    The Federal Energy Regulatory Commission can't justify its decision to exempt a Kansas electricity cooperative's transmission projects from a regional grid operator's process to determine how project costs are divided before they're approved, the D.C. Circuit heard Monday.

  • August 19, 2025

    Chicago Suburb Sued Over Medical History Probes

    The city of Evanston, Illinois, was hit with a state court lawsuit by job applicants who allege its questions about their family medical histories violated an Illinois law barring employers from asking about genetic information and using it to make employment decisions.

  • August 19, 2025

    Former Husch Blackwell Chair Named Missouri AG

    Former Husch Blackwell LLP chair Catherine L. Hanaway has been appointed Missouri's next attorney general by Republican Gov. Mike Kehoe, according to the firm on Tuesday.

  • August 19, 2025

    Trump Tariff Suit Belongs In Trade Court, Gov't Tells DC Circ.

    Suits challenging President Donald Trump's imposition of emergency tariffs belong in the U.S. Court of International Trade and a D.C. federal judge improperly considered a case lodged by Illinois-based toy makers in his court, the government told the D.C. Circuit.

  • August 19, 2025

    Pa. Justices OK Lower Court's Test For When Posts Are Public

    A split Pennsylvania Supreme Court endorsed a lower court's proposed test for whether an elected official's personal social media messages are subject to the state's open records law, with the majority agreeing the posts should only be considered public if they have the "trappings" of a government record.

  • August 19, 2025

    Cannabis Store Defends NY Labor Peace Law Challenge

    A cannabis store challenging New York's requirement that marijuana businesses have labor peace agreements with employees asserted on Monday that the state's arguments in favor of the case's dismissal were unavailing.

  • August 19, 2025

    FTC Fights Order Blocking Media Matters Probe

    The Federal Trade Commission is appealing a D.C. federal court's order preliminarily blocking an investigation into left-leaning watchdog Media Matters for America over concerns about collusion in the advertising industry and is asking to pause the order for the appeal.

  • August 19, 2025

    Public Broadcasters Alarmed At Warning Grant Cuts

    The Corporation for Public Broadcasting called on the Federal Emergency Management Agency to take over its $136 million Next Generation Warning System grant program for local public media stations, saying it can no longer manage the program as it winds down operations.

  • August 19, 2025

    ​​​​​​​CSX To Shell Out $440K In DOL Retirement Plan Fee Suit

    CSX Transportation Inc. and the U.S. Department of Labor asked a Florida federal judge Tuesday to sign off on a $440,000 settlement ending the agency's lawsuit alleging the company unlawfully deducted fees from a trust devoted to funding its employee retirement plans.

  • August 19, 2025

    Trump Signs Bill To Boost Export Control Transparency

    President Donald Trump signed a bipartisan bill on Tuesday that aims to provide more transparency in the U.S. Department of Commerce's export control system, which restricts foreign adversaries from obtaining critical U.S. technologies and software.

  • August 19, 2025

    Feds Say They'll Rescind Biden-Era Species Protections

    The U.S. Fish and Wildlife Service has said it will rescind a Biden-era Endangered Species Act rule that automatically places the strongest protections on all plants and animals covered by law.

  • August 19, 2025

    5 Firms Build $6.2B Nexstar, Tegna Media Mega-Merger

    Broadcast television giant Nexstar Media Group Inc. on Tuesday unveiled plans to buy fellow broadcast digital media company Tegna Inc. in an all-cash deal that was built by five law firms and is valued at $6.2 billion.

  • August 19, 2025

    9th Circuit Pauses Oak Flat Land Transfer Pending Appeals

    A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multibillion-dollar proposed project play out in the appellate court.

  • August 19, 2025

    Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court

    The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.

  • August 18, 2025

    NJ Feds Say Habba's US Atty Role Unusual, But Not Unlawful

    Acting U.S. Attorney Alina Habba on Monday doubled down on her argument that President Donald Trump legally appointed her New Jersey's top federal prosecutor, telling a federal judge that this is simply "an unusual situation" created when the district court last month refused to extend her interim tenure.

  • August 18, 2025

    Battle Brews Over Fed's Plan For Big Bank Ratings Revamp

    Leading banking industry groups are urging the Federal Reserve to move full speed ahead with a supervisory ratings overhaul that could classify more big banks as "well managed," but critics warn the plan amounts to dangerous, and potentially unlawful, grade inflation.

  • August 18, 2025

    Meta Faces Senate Probe Over AI Chatbots' Talks With Kids

    Republican Sen. Josh Hawley of Missouri has launched an investigation into how artificial intelligence-fueled chatbots being deployed by Meta interact with children, following reports that the social media giant internally approved rules that would enable these products to engage "romantic" and "sensual" exchanges with minors. 

  • August 18, 2025

    HHS Says Layoffs, Reorganization Are Within Its Authority

    The Trump administration urged a Rhode Island federal judge to toss claims that massive cuts to the Health and Human Services Department violate the U.S. Constitution and usurp congressional authority, arguing the state plaintiffs don't have the authority to dictate how the executive branch manages its personnel.

  • August 18, 2025

    Ex-NY AG Immune From Malicious Prosecution Suit

    Former New York Attorney General Eric Schneiderman has immunity from a suit by a former New York City Council member claiming wrongful prosecution, a federal judge has ruled.

Expert Analysis

  • FTC Focus: Surprising Ways Meador And Khan Sound Alike

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    Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.

  • Supreme Court's Criminal Law Decisions: The Term In Review

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    Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.

  • Compliance Is A New Competitive Edge For Mortgage Lenders

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    So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.

  • Noncompete Forecast Shows Tough Weather For Employers

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    Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.

  • Opinion

    Privacy Bill Must Be Amended To Protect Small Businesses

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    While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.

  • Opinion

    Budget Act's Deduction Limit Penalizes Losing Gamblers

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    A provision in the One Big Beautiful Bill Act that reduces the deduction for gambling losses is unfair to professional and recreational players, risks driving online activity to offshore sites, and will set back efforts to legalize and regulate the industry, says Walter Bourdaghs at Kang Haggerty.

  • Even As States Step Up, They Can't Fully Fill CFPB's Shoes

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    The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant CFPB, say attorneys at Covington.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • The Int'l Compliance View: Everything Everywhere All At Once

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    Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.

  • Opinion

    Calif. Must Amend Trade Secret Civil Procedure

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    A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.

  • Previewing State Efforts To Regulate Mental Health Chatbots

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    New York, Nevada and Utah have all recently enacted laws regulating the use of artificial intelligence to deliver mental health services, offering early insights into how other states may regulate this area, say attorneys at Goodwin.

  • 6 Questions We Should Ask About The Trump Trade Deals

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    Whenever the text becomes available, certain questions will help determine whether the Trump administration’s trade deals with U.S. trading partners have been crafted to form durable economic relationships, or ephemeral ties likely to break upon interpretive disagreement or a change in political will, says Ted Posner at Baker Botts.

  • 'Pig Butchering' Seizure Is A Milestone In Crypto Crime Fight

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    The U.S.' recent seizure of $225 million in crypto funds in a massive "pig butchering" scheme highlights the transformative impact of blockchain analysis in law enforcement, and the increasing necessity of collaboration between law enforcement agencies, cryptocurrency exchanges and stablecoin issuers, says David Zaslowsky at Baker McKenzie.

  • Justices' Age Verification Ruling May Lead To More State Laws

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    The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.

  • The Pros, Cons Of A Single Commissioner Leading The CFTC

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    While a single-member U.S. Commodity Futures Trading Commission may require fewer resources and be more efficient, its internal decision-making process would be less transparent to those outside the agency, reflect less compromise between competing viewpoints and provide the public with less predictability, says former CFTC Commissioner Dan Berkovitz.

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