Public Policy

  • November 12, 2025

    Justices Hint Early Release Factors 'Countermand' Congress

    Justices in the U.S. Supreme Court's conservative faction questioned Wednesday whether the U.S. Sentencing Commission overstepped when it said reductions in mandatory minimum sentences could be part of a court's consideration when weighing "compassionate release" for federal prisoners.

  • November 12, 2025

    NTIA Aims To Cut 'Red Tape' From Tribal Programs

    The Commerce Department agency in charge of two tribal connectivity programs said Wednesday it will streamline their funding rules in a notice coming out next spring.

  • November 12, 2025

    Illinois Court Says Tax Board Overstepped In Appeal Dismissal

    The Illinois Property Tax Appeal Board exceeded its statutory authority when it decided to sanction a commercial property owner by dismissing two tax appeals over the property, a state appellate panel said Wednesday.

  • November 12, 2025

    FERC Can't Order Refund Of Extra Tax Costs, DC Circ. Told

    The Federal Energy Regulatory Commission requiring an Energy Transfer LP unit to refund customers extra costs tacked onto its rates for deferred federal income tax reasons was unlawful retroactive ratemaking, the subsidiary told the D.C. Circuit, urging a reversal of the commission's order.

  • November 12, 2025

    2nd Circ. Doubts NLRB Dress Code Test In Starbucks Appeal

    A Second Circuit panel appeared skeptical Wednesday of the revised test underlying the National Labor Relations Board's ruling that Starbucks illegally forbade roastery workers to wear union T-shirts but appeared to buy that the agency's reviews of employers' dress codes generally deserve deference.

  • November 12, 2025

    Ill. Justices Probe 'Catch-22' In $7B Grain Belt Line Fight

    Illinois Supreme Court justices considering whether to uphold an Illinois agency's authorization of part of the $7 billion Grain Belt Express high-voltage transmission line on Wednesday pressed counsel for landowners insisting they shouldn't to address whether their argument creates a "catch-22" for the developer if it can't get funding without regulatory signoff but needs regulatory approval to secure financing.

  • November 12, 2025

    Judge Tosses Nonprofit's Pittsburgh Inclusionary Zoning Suit

    A Pennsylvania federal judge has sided with Pittsburgh against a nonprofit real estate trade association's suit challenging the constitutionality of the city's inclusionary zoning ordinances, ruling that the group's claims aren't ripe and that it lacks standing to bring the case.

  • November 12, 2025

    DOT Immigrant Trucker Rule Frozen Pending DC Circ. Review

    The D.C. Circuit has stayed a new U.S. Department of Transportation rule that blocks certain immigrants from driving commercial trucks or buses while it considers whether the rule is arbitrary, as workers and unions have claimed.

  • November 12, 2025

    Dem Lawmakers Urge Governors To Block ICE's DMV Data Access

    Forty Democratic lawmakers on Wednesday warned several governors, including in Arizona, California and Colorado, that their states may be unknowingly sending their residents' driver's license and registration information to federal immigration authorities.

  • November 12, 2025

    Regional Cable Biz Looks Toward Permit Reform Priorities

    Independent cable providers want the Federal Communications Commission to wield its statutory powers to slash state and local rules that their main trade group considers impediments to broadband deployment.

  • November 12, 2025

    Energy Dept. Sued Over Blue State Project Award Rescissions

    Minnesota's capital city and several clean energy advocates have sued the U.S. Department of Energy in D.C. federal court over its termination of over $7.5 billion in grants for energy projects, accusing the agency of unconstitutionally targeting projects primarily in blue states.

  • November 12, 2025

    Boulder Fights Exxon's High Court Bid To Sink Climate Suit

    The city and county of Boulder, Colorado, are asking the U.S. Supreme Court to reject Exxon Mobil Corp. and Suncor Energy Inc.'s request that it review the Colorado Supreme Court's decision to allow the city's climate change tort against the companies to proceed in state court.

  • November 12, 2025

    Historic Seneca Leader Ely Parker Honored With NY Bar Entry

    A New York appellate court has granted posthumous state bar admission to a 19th century Seneca Nation leader and Indigenous rights activist who was denied the ability to practice law because he was a Native American.

  • November 12, 2025

    Detainees' Attorneys, Judge To Inspect Illinois ICE Center

    An Illinois federal judge and attorneys representing detainees who have alleged "inhumane" conditions at an immigration holding center in Broadview are set to visit and inspect the facility on Thursday, after another judge handed down a temporary restraining order requiring improvements last week.

  • November 12, 2025

    Marathon Prevails In Texas Business Court Gas Contract Trial

    A Texas Business Court judge found in favor of Marathon Oil Co. on Tuesday after a bench trial earlier this month, ruling that Winter Storm Uri absolved Marathon from having to buy natural gas to make up for delivery shortfalls to a commodity trading company.

  • November 12, 2025

    Texas AG Sues County Over $1.3M Immigrant Defense Fund

    Texas Attorney General Ken Paxton is suing Harris County in state court for allocating $1.34 million to several nonprofits that provide legal services to immigrants facing removal, alleging the expenditures are unconstitutional.

  • November 12, 2025

    Geico Loses Bid To Dismiss $70M SC Tax Collection Suit

    A nonprofit representing South Carolina's 271 incorporated municipalities can continue to pursue its claims that Geico failed to fully pay certain municipalities nearly $70 million in business license taxes and penalties, a South Carolina federal court ruled Wednesday, rejecting the company's position that the nonprofit lacks such tax collection authority.

  • November 12, 2025

    House Looks To Undo Sens.' Ability To Sue Over Phone Info

    House Speaker Mike Johnson, R-La., said Wednesday that House Republicans will be introducing stand-alone legislation to repeal a provision tucked into the government funding package the Senate passed Monday that would allow Republican senators investigated by special counsel Jack Smith to sue for damages.

  • November 12, 2025

    NTIA Readies Plans For 2 Fed-Dominated Spectrum Bands

    The Trump administration will consider making more private-use spectrum available across two bands that are predominantly used by federal agencies, a U.S. Commerce Department official said Wednesday.

  • November 12, 2025

    Justices Fret Over Giving Judges More First Step Act Power

    The U.S. Supreme Court raised concerns Wednesday about spurring a flood of compassionate release motions from prisoners if it allows judges to have wide discretion to find "extraordinary and compelling reasons" to pare down sentences for criminal defendants under the First Step Act.

  • November 12, 2025

    Lawmakers Should Re-Up FirstNet, Advocacy Group Says

    Congress needs to reauthorize the national FirstNet public safety response network before it expires in just over a year, an advocacy group said, touting a survey of first responders who largely back the measure.

  • November 12, 2025

    2nd Circ. Rejects Exxon's En Banc Plea Over Atty Fee Ruling

    The Second Circuit has rejected Exxon, BP, Shell and the American Petroleum Institute's bid for en banc review of a lower court's decision to award attorney fees to New York City, which is suing them over allegations of deceptive practices around climate change.

  • November 12, 2025

    Judge Wary Of Robinhood's Bid For Prediction Markets Ruling

    A Massachusetts federal judge appeared reluctant Wednesday to preemptively shield Robinhood from enforcement actions over its role in prediction markets, a request the state says is an attempt to "undercut" gaming regulators' separate pending lawsuit against the company's partner KalshiEX.

  • November 12, 2025

    Ex-Energy Department General Counsel Joins Torridon Law

    The general counsel of the U.S. Department of Energy during President Donald Trump's first term has joined Torridon Law PLLC, a Washington, D.C., boutique launched in 2022 by Trump's former Attorney General William Barr and former Facebook general counsel Ted Ullyot.

  • November 12, 2025

    Judge Won't Halt Injunction Blocking Trump's Trans Care Ban

    A Washington federal judge rejected the Trump administration's bid to halt a temporary injunction, saying the president took too long to request a pause in the order, which blocks federal officials from withholding federal healthcare funds to hospitals in four states that provide gender-affirming care. 

Expert Analysis

  • How Banks Can Safely Handle Payments For Gambling Biz

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    As the betting market continues to expand, it's crucial for banks and fintechs to track historical developments in wagering and ongoing prediction markets litigation that can factor into a risk analysis for payment processing with respect to gambling operators, says Laura D'Angelo at Jones Walker.

  • Wading Into NY Wetland Regs' 2025 Changes And Challenges

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    Solar developers in New York should keep a weather eye on litigation challenging the New York Department of Environmental Conservation’s recently expanded authority to regulate wetlands and waterways, which could erode the impact of a new permitting process meant to streamline solar development on protected wetlands, say attorneys at Foley Hoag.

  • Series

    Law School's Missed Lessons: Networking 101

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    Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.

  • Defeating Estoppel-Based Claims In Legal Malpractice Actions

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    State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.

  • Takeaways As Justices Let 5th Circ. Pollution Ruling Stand

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    The U.S. Supreme Court's recent certiorari denial leaves intact a Fifth Circuit ruling that environmental justice organizations have standing to pursue a civil rights challenge to a parish's land-use practice, underscoring the importance of local governments proactively engaging with communities to address cumulative impacts of development, say attorneys at ArentFox Schiff.

  • AI's Role In Google Antitrust Suit May Reshape Tech Markets

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    The evolution of AI in retail has reshaped the U.S.' antitrust case against Google, which could both benefit small business innovators and consumers, and fundamentally alter future antitrust cases, including the Federal Trade Commission's lawsuit against Amazon, says Graham Dufault at ACT.

  • Series

    The Biz Court Digest: How It Works In Massachusetts

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    Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.

  • Next Steps For DOE's Large-Load Interconnection Reforms

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    The U.S. Department of Energy's recent letter to the Federal Energy Regulatory Commission may mark a substantial expansion of FERC's open-access framework for large-load facilities, though the proposed timeline for the rulemaking appears to be extraordinarily short, say attorneys at Davis Wright.

  • Adapting To Calif.'s Enhanced Regulation Of PE In Healthcare

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    New California legislation enhances oversight on the role of private equity groups and hedge funds in healthcare transactions, featuring both a highly targeted nature and vague language that will require organizations to carefully evaluate existing practices, says Andrew Demetriou at Husch Blackwell.

  • What To Note In OCC, FDIC Plan To Standardize Supervision

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    The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp.'s recent proposals to standardize the meaning of "unsafe or unsound practice" and revise the process for issuing matters requiring attention could significantly narrow the scope of activities that spawn enforcement actions, says Brendan Clegg at Luse Gorman.

  • How The SEC May Overhaul Its Order Protection Rule

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    Attorneys at Skadden trace the evolution of the controversial Rule 611 of Regulation National Market System, examine the current debate surrounding its effectiveness, and consider how the U.S. Securities and Exchange Commission's emerging Project Crypto initiative could reshape Regulation NMS for a tokenized, on-chain market environment.

  • State Child Privacy Laws May Put More Cos. In FTC's Reach

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    Starting with Texas in January, several new state laws requiring app stores to share user age-related information with developers will likely subject significantly more companies to the Federal Trade Commission’s child privacy rules, altering their compliance obligations, say attorneys at Womble Bond.

  • Why Appellees Should Write Their Answering Brief First

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    Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.

  • FTC Focus: M&A Approvals A Year After Trump's Election

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    The Federal Trade Commission merger-enforcement regime a year since President Donald Trump's election shows how merger approvals have been expedited by the triaging out of more deals, grants for early termination of the Hart-Scott-Rodino waiting period, and zeroing in on preparing solutions for the biggest problems, say attorneys at Proskauer.

  • AG Watch: DC Faces Congressional Push To End Elected Role

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    Given the current structural tension between D.C.'s local autonomy and congressional plenary power, legal and business entities operating in the district should maintain focus on local enforcement gaps, and monitor the legislative process closely, says Lauren Cooper at Hogan Lovells.

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