Public Policy

  • September 16, 2025

    Wash. Justices Scrutinize Minimum Wage 'Live In' Exclusion

    Washington Supreme Court justices on Tuesday pushed counsel for an adult family home on the stance that its "live in" workers are adequately protected by existing laws and regulations, pointing to testimony its employees are always on call and sometimes at risk of physical assault by residents.

  • September 16, 2025

    DC Circ. Asked To Look At ADA Injunction In Segregation Case

    Washington, D.C., wants the D.C. Circuit to narrow an injunction commanding the district to help people in Medicaid-funded nursing homes move out of those facilities and into less restrictive forms of care, as the litigation approaches its 15th birthday.

  • September 16, 2025

    Commerce Asks For Inclusions To Steel, Aluminum Tariffs

    The U.S. Department of Commerce announced the September window for stakeholders to comment on whether the government should include additional goods within the scope of the 50% steel and aluminum duties that President Donald Trump imposed earlier this year. 

  • September 16, 2025

    Feds Seek Toss Of DC Hemp Store's Home-Rule Challenge

    The United States government on Monday urged a federal judge to dismiss a challenge to federal policy restricting the nation's capital from regulating marijuana and hemp sales, saying the local retailer that brought the action lacked standing to sue.

  • September 16, 2025

    Rev Up Mobile Data Speed Standards, Rural Carriers Say

    The federal target for mobile broadband speeds should be based on coverage provided to moving vehicles rather than to outdoor stationary devices, a trade group for rural wireless carriers told the Federal Communications Commission.

  • September 16, 2025

    Dems Renew Push To Ban Credit Checks In Hiring

    Democratic lawmakers introduced legislation that would bar employers from requiring job applicants to disclose their credit history as part of the hiring process, saying the bill would remove a barrier that disproportionately hurts women and minority workers.

  • September 16, 2025

    Commerce Says Auto Tariff Request Window Opens In October

    The U.S. Department of Commerce's Bureau of Industry and Security issued guidance formally establishing the auto part tariff inclusion request process, and that the first window for new requests by stakeholders will begin Oct. 1, according to a notice filed Tuesday.

  • September 16, 2025

    BlackRock Blames Coal Production Cuts On Falling Demand

    BlackRock Inc. told a Texas federal court that coal production has declined because demand from coal-fired power plants has been falling for years, not because asset managers conspired to pressure the producers.

  • September 16, 2025

    U.S. Asks Court To Sink Vermont Climate Superfund Law

    The Trump administration, Republican-led states and business groups including the U.S. Chamber of Commerce and American Petroleum Institute on Monday asked a Vermont federal court to kill the state's climate Superfund law.

  • September 16, 2025

    Plant Bailout Cost Approvals Were Premature, FERC Told

    Environmental and consumer advocates say the Federal Energy Regulatory Commission jumped the gun in approving plans to charge power consumers for the continued operation of retiring power plants that the Trump administration has controversially ordered to remain open.

  • September 16, 2025

    CVS Caremark Takes $290M Overbilling Judgment To 3rd Circ.

    CVS's pharmacy benefits manager will appeal a judgment against the company that was recently increased from $95 million to $290 million in a suit alleging it overbilled Medicare Part D-sponsored drugs, according to a notice of appeal filed in Pennsylvania federal court.

  • September 16, 2025

    Wash. Charitable Limits Don't Apply To Firefighter House Sale

    The Seattle Black Firefighters' Association is not a charitable organization, the Washington Court of Appeals said, affirming a lower court ruling that found the house the association occupies is not subject to charitable purpose restrictions.

  • September 16, 2025

    Acting US Atty Denies Prosecution Of Lawmaker Is 'Selective'

    The U.S. Department of Justice has requested that assault charges not be dismissed against U.S. Rep. LaMonica McIver, pushing back on claims the government is selectively prosecuting her following a confrontation with federal agents in May at an Immigration and Customs Enforcement facility in Newark.

  • September 16, 2025

    Former Miami City Atty Exits Political Retaliation Suit

    A former city attorney for Miami on Monday knocked down claims against her from a pair of business owners accusing her of taking part in a political retaliation scheme when a Florida federal judge ruled that she was immune from the allegations.

  • September 16, 2025

    FTC Chair Pledges 'Action' Against Late Merger Fixes

    Federal Trade Commission Chairman Andrew Ferguson vowed Tuesday to take unspecified "action" against tactics by merging companies to propose fixes only after antitrust enforcers bring a transaction challenge, a strategy he called "bad for the system."

  • September 16, 2025

    FCC Seeks Feedback On Call For Better Signal Booster Regs

    The Federal Communications Commission is mulling a nonprofit's proposal to update its industrial signal booster rules, which the group says "left significant implementation gaps" when they were put in place over a decade ago.

  • September 16, 2025

    SEC Blasts Thrivent's Attempt to "Upend" FINRA Oversight

    The Securities and Exchange Commission is defending its refusal to amend three long-running arbitration rules adopted by the Financial Industry Regulatory Authority at the request of financial services organization Thrivent, urging the D.C. Circuit to reject the company's appellate petition and leave FINRA's arbitration rules as they are.

  • September 16, 2025

    California AG Bonta Names New State Solicitor General

    California Attorney General Rob Bonta has promoted a veteran attorney in the state's Department of Justice to become the state's new solicitor general.

  • September 16, 2025

    USDOT Orders Scuttling Of Delta-Aeromexico Joint Venture

    The Trump administration has ordered Delta Air Lines and Aeromexico to scuttle their joint venture by Jan. 1, saying they gained an unfair advantage in the market after the Mexican government abruptly restricted flights from other carriers at Mexico City's primary airport.

  • September 16, 2025

    Senate Democrats Urge Chamber Not To Recriminalize Hemp

    A group of Democratic U.S. senators on Tuesday urged the chamber's leaders not to adopt language in an appropriations bill that would drastically redefine the definition of legal hemp and which they say could ruin the nationwide hemp industry.

  • September 16, 2025

    Mass. Tax Board Cuts Value Of Biz's Condos Based On Sales

    The assessed values of two condominium units in Massachusetts were reduced by the state Appellate Tax Board in a decision released Tuesday, after the board found that both were overvalued when compared with similar properties.

  • September 16, 2025

    Wilcox Urges Justices Not To Pick And Choose Firing Fights

    If the U.S. Supreme Court steps in to review the legality of former Federal Trade Commission leader Rebecca Slaughter's firing before the D.C. Circuit does, it should also intervene to consider former National Labor Relations Board member Gwynne Wilcox's firing, Wilcox told the justices.

  • September 16, 2025

    Trump Taps US Atty Nominees For NC, NH And Louisiana

    President Donald Trump has named U.S. attorney nominees for Louisiana, New Hampshire and North Carolina.

  • September 16, 2025

    Order Halting Ørsted Wind Project Is Valid, Trump Admin Says

    The Trump administration has told a D.C. federal judge that its challenged decision to halt work on an approved and nearly completed offshore wind farm in New England stands on firm legal ground and should not be overturned.

  • September 16, 2025

    ​​​​​​​8th Circ. Questions Minn. Contractor Law's Vagueness

    The Eighth Circuit on Tuesday questioned trade groups challenging a Minnesota independent contractor misclassification law about the level of scrutiny to apply to the statute and seemed unconvinced that the law is unconstitutionally vague.

Expert Analysis

  • Considerations For Cos. Amid Wave Of CFPB Vacatur Bids

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    As some entities look to vacate prior voluntary agreements with the Consumer Financial Protection Bureau, there are several considerations companies should take into account before seeking to vacate their settlements in the current legal and regulatory environment, says Jasmine Jean-Louis at Goodwin.

  • 7 Document Review Concepts New Attorneys Need To Know

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    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

  • Reports Of Chemical Safety Board's Demise Are Premature

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    Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.

  • FTC Actions Highlight New Noncompete Enforcement Strategy

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    Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-rea noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.

  • Ruling On Labor Peace Law Marks Shift For Cannabis Cos.

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    Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.

  • Deference Ruling Could Close The FAR Loophole

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    A recent U.S. Court of Federal Claims decision may close a loophole in the Federal Acquisition Regulation that allows agencies to circumvent the Trade Agreements Act, significantly affecting federal pharmaceutical procurements and increasing protests related to certain Buy American Act waivers, say attorneys at Polsinelli.

  • Senate Bill Could Overhaul Digital Asset Market Structure

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    The Senate Banking Committee's draft Responsible Financial Innovation Act would not only clarify the roles and responsibilities of financial institutions engaging in digital asset activities but also impose new compliance regimes, reporting requirements and risk management protocols, say attorneys at Troutman.

  • How Trump's Space Order May Ease Industry's Growth

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    President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.

  • A Look At 2 Reinvigorated DOL Compliance Programs

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    As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

  • Opinion

    Congress Must Resolve PSLRA Issue For Section 11 Litigants

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    By establishing a uniform judgment reduction credit for all defendants in cases involving Section 11 of the Securities Act, Congress could remove unnecessary statutory ambiguity from the Private Securities Litigation Reform Act and enable litigants to price potential settlements with greater certainty, say attorneys at Sidley.

  • Stablecoin Committee Promotes Uniformity But May Fall Short

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    While the Genius Act's establishment of the Stablecoin Certification Review Committee will provide private stablecoin issuers with more consistent standards, fragmentation remains due to the disparate regulatory approaches taken by different states, say attorneys at Morgan Lewis.

  • FTC's Reseller Suit Highlights Larger Ticket Platform Issues

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    Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Parsing Trump Admin's First 6 Months Of SEC Enforcement

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    The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.

  • HSR Compliance Remains A Priority From Biden To Trump

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    Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.

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