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Public Policy
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June 24, 2025
Colo. Gov.'s Enforcement Of ICE Subpoena Called A 'Disaster'
The state director who sued Colorado Gov. Jared Polis over an order to comply with a U.S. Immigration and Customs Enforcement subpoena said Tuesday in Colorado state court that the testimony given the day prior by a Polis appointee was not fully accurate.
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June 24, 2025
NJ Bank, DOJ Push To End Redlining Deal Amid Opposition
Lakeland Bank and the U.S. Department of Justice urged a New Jersey federal judge to reject a brief from three fair housing groups opposing the early termination of the bank's $13 million redlining settlement, arguing the groups' call for housing discrimination accountability is irrelevant to the settlement's termination.
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June 24, 2025
2nd Circ. Tells Feds To 'Facilitate' Another Deportee's Return
The Trump administration must "facilitate the return" to the U.S. of a man deported to El Salvador in violation of an order blocking his removal, the Second Circuit ruled Tuesday, citing a U.S. Supreme Court decision backing the return of a Maryland man improperly deported to a Salvadoran prison.
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June 24, 2025
Arkansas Insurance Dept. Fights Teamsters Plan's ERISA Suit
The Arkansas Insurance Department is looking to sink a challenge to a state insurance regulation filed by a Teamsters healthcare plan, telling an Illinois federal judge that the regulation isn't preempted by the Employee Retirement Income Security Act and, besides, the plan can't sue the department.
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June 24, 2025
State AGs Sue Trump Admin To Stop Billions In Grant Cuts
A coalition of 21 states and the District of Columbia filed suit Tuesday in Massachusetts federal court, accusing the Trump administration of unlawfully using a single clause "buried in federal regulations" to nix billions of dollars in federal grant funding to the states.
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June 24, 2025
E-Verify Restrictions Are Not Preempted, Illinois Argues
The federal court handling the U.S. government's lawsuit targeting a recent Illinois statute restricting the use of electronic employment verification systems on prospective hires should reject the government's injunction request and dismiss the case instead, because the statute steers clear of federal immigration law, the state asserted.
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June 24, 2025
Mich. Pot Shops Cut Constitutional Claims In License Fee Suit
A group of pot shops agreed Monday to drop their constitutional claims alleging Grand Rapids' marijuana licensure program imposes illegal fees, a few days after a Michigan federal judge said the case belongs in her court because the pot companies' claims had federal interest.
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June 24, 2025
Ex-Inmate's Debit Fee Class Action Cleared For Trial
A jury should decide if a former jail inmate was forced to accept a prepaid debit card and pay related fees when his money was returned to him upon release, a Washington federal magistrate judge said on Tuesday, advancing a class action against Central Bank of Kansas City.
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June 24, 2025
5th Circ. Says EPA Ignored Cos. To Push Efficiency Testing Rule
The Fifth Circuit has thrown out part of a U.S. Environmental Protection Agency rule for determining measures for fuel efficiency, finding Tuesday that the agency used a faulty methodology to justify tightening standards and outright ignored comments when creating the rule.
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June 24, 2025
GOP Senators Unveil Crypto Market Framework Principles
Senate Republicans on Tuesday morning released a set of principles to guide the development of digital asset market structure legislation, their latest push toward regulating the cryptocurrency space following their passage of stablecoin legislation last week.
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June 24, 2025
AST Seeks FCC OK For Big Expansion Of Satellite Fleet
AST SpaceMobile is seeking permission to launch hundreds of low-earth orbit satellites by the end of July to roll out its space-based cellular broadband network, which it says will eliminate coverage gaps and connect to standard smartphones across the country.
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June 24, 2025
Submarine Cable Cos. Seek Cautious FCC Reg Approach
Companies that run undersea telecommunications cables said they're worried the Federal Communications Commission might burden them with even more regulation than they already have to deal with, urging the agency to have a light touch when regulating the industry.
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June 24, 2025
4th Circ. Tosses Trans Man's Appeal Over Canceled Surgery
The Fourth Circuit declined to revive a transgender man's constitutional claims against a religious hospital run by the University of Maryland Medical System over a canceled hysterectomy for gender dysphoria, concluding Tuesday that it couldn't grant further relief, and refused to consider a "late-breaking" argument for emotional distress damages.
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June 24, 2025
Motorola Fights Fintiv Memo Withdrawal At Fed. Circ.
Motorola is urging the Federal Circuit to reverse the decision of the U.S. Patent and Trademark Office's acting leader to not have the Patent Trial and Appeal Board review the company's challenges to a series of Stellar Inc. patents on glasses equipped with cameras.
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June 24, 2025
NC Senate Backs $700M Boost For Hurricane Helene Recovery
The North Carolina Senate has signed off on a proposal to allocate another $700 million to the state's Hurricane Helene Disaster Recovery Fund, including $75 million for road and bridge repairs and $70 million to meet Federal Emergency Management Agency's state matching requirements.
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June 24, 2025
8th Circ. Rolls Back Block On Arkansas Hemp Law
An Eighth Circuit panel on Tuesday overturned a lower district judge's decision blocking enforcement of a new Arkansas policy restricting hemp-derived intoxicating products, delivering a blow to the hemp industry's campaign to challenge state-led efforts to rein in its wares.
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June 24, 2025
NTSB Flags Boeing Failures In 737 Max 9 Door Plug Blowout
Poor training and persistent quality control lapses on Boeing's manufacturing and assembly lines, along with the Federal Aviation Administration's ineffective oversight of the plane-maker, led to the January 2024 door-plug blowout aboard a 737 Max 9 jet operated by Alaska Airlines, the National Transportation Safety Board said Tuesday.
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June 24, 2025
Connecticut AG Seeks $7.7M Penalty For Ghost Gun Supplier
A supplier of ghost gun parts that promised customers "extreme discretion" should pay nearly $7.7 million in penalties to Connecticut for continuous violations of the state's unfair trade practices law, the attorney general's office told a state court Tuesday.
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June 24, 2025
Key House Republican Calls For Telecom Law Reforms
A top House Republican called Tuesday for reform of the 1992 Cable Act and for loosening the Federal Communications Commission's limits on broadcast media ownership, which he says would help modernize telecommunications law.
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June 24, 2025
NY Denies School District's Bid To Delay Mascot Ban
The New York State Education Department denied a deadline extension request by a Long Island school district to comply with the state's ban on the use of Indigenous mascots, telling the district's superintendent that the district has shown no good cause toward the law's compliance.
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June 24, 2025
Medical Pot Backers Urge Neb. High Court To Scrap Challenge
The campaign behind a successful effort to decriminalize and regulate medical marijuana in Nebraska is urging the state's highest court not to revive a legal challenge backed by state officials seeking to void the voter-approved legalization policies.
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June 24, 2025
Visa Can't Duck DOJ's Debit Card Monopoly Case
A New York federal court has refused to throw out the U.S. Department of Justice's case accusing Visa of illegally maintaining a monopoly over debit card networks, rejecting arguments about the market at issue, discounts offered and the scope of deals with would-be competitors.
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June 24, 2025
Green Group Sues Forest Service Over NH Logging Project
A green group on Monday asked a New Hampshire federal court to strike down the U.S. Forest Service's approval of a White Mountain National Forest logging project that the group said didn't get the proper environmental review.
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June 24, 2025
Judge Slams Feds' Grant Terms In Sanctuary Funding Fight
A California federal judge said federal grants that condition funding on states' cooperation with the Trump administration's immigration crackdown flout a court order blocking the administration from withholding funds from so-called sanctuary jurisdictions that limit their cooperation with federal immigration officials.
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June 24, 2025
Texas Narrows Discovery Allowance In Property Tax Appeals
Texas district courts can't order discovery in property tax cases unless the discovery is requested by the appealing party under a bill signed by Gov. Greg Abbott.
Expert Analysis
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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A Primer On The Trading And Clearing Of Perpetual Contracts
The U.S. Commodity Futures Trading Commission recently released a request for comment on the trading and clearing of perpetual-style derivatives, most common in the cryptocurrency market, necessitating a deep look at how these contracts operate and their associated risks, say attorneys at Moore & Van Allen.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.
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Planning For Open Banking Despite CFPB Uncertainty
Though pending litigation or new Consumer Financial Protection Bureau leadership may reshape the Biden-era regulation governing access to consumer financial data, companies can use this uncertain period to take practical steps toward an open banking strategy that will work regardless of the rule’s ultimate form, says Adam Maarec at McGlinchey Stafford.
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Crunching The Numbers Of Trump SEC's 1st 100 Days
During the first 100 days of the second Trump administration, the U.S. Securities and Exchange Commission brought significantly fewer stand-alone enforcement actions than at the beginning of the Biden and the first Trump administrations, with every one of the federal court complaints including allegations of fraudulent conduct, say attorneys at Dentons.
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Charging A Separate Tariff Fee May Backfire For Retailers
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.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
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.
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Independent Contractor Rule Up In The Air Under New DOL
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.
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Why Trade Cases May Put Maple Leaf Deference On Review
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.
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Risk Control Tips For Banks With Cryptocurrency Customers
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.
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How The USPTO Might Find A Path Forward After Job Cuts
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.
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How Trump Orders Affect Health Orgs.' Care For Trans Minors
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.
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FDIC Rules Rollback Foretells More Pro-Industry Changes
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.
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Trump DOE's Plan On AI Offers Challenges, Opportunities
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.