Public Policy

  • June 27, 2025

    Abrego Garcia Attys 'Cannot Put Any Faith' In DOJ Claims

    Kilmar Armando Abrego Garcia's attorneys on Friday urged the Tennessee federal judge overseeing his criminal case to delay issuing his release from custody, citing the government's contradictory statements over its seemingly new intention to redeport him somewhere other than his native El Salvador.

  • June 27, 2025

    Can AI Kill Human Art? Two Judges Envision Different Futures

    The two federal judges who issued highly anticipated opinions about training generative artificial intelligence models with copyrighted material acknowledged the fear from many that AI could ultimately supplant human-created works, but they had differing views about the probability of such a future.

  • June 27, 2025

    Feds Prevail Over J&J In Another 340B Rebate Dispute

    A D.C. federal judge granted a summary judgment win Friday to the U.S. Health Resources and Services Administration over Johnson & Johnson, finding the agency acted within its discretion when it rejected the company's program to offer rebates instead of discounts in a decades-old drug pricing program.

  • June 27, 2025

    Banks Get Clean Bill Of Health As Stress Test Changes Loom

    The Federal Reserve said Friday that the nation's big banks are stocked with enough capital to weather a severe recession, giving them passing marks on what are poised to be the last round of stress tests before regulators begin overhauling the testing process.

  • June 27, 2025

    Fla. Teen Files $10M Suit Alleging DMV Appointment Scalping

    A Florida teenager has filed a proposed $10 million state court class action lawsuit against highway safety officials, alleging they were negligent for allowing her to camp outside a driver's license office just to secure an appointment because reservations were scalped by internet bots and sold for profit.

  • June 27, 2025

    Judge Waits On Fortune's Bid To Join Assa Abloy Fight

    A D.C. federal judge left open the question of whether Fortune Brands Home & Security can intervene to enforce Assa Abloy's 2023 settlement agreement with the U.S. Department of Justice on Friday, as the DOJ seeks to keep a supply agreement between the two companies in place.

  • June 27, 2025

    Groups Quickly Switch Tactics In Birthright Citizenship Cases

    Just hours after the U.S. Supreme Court limited federal judges' ability to issue nationwide injunctions Friday, groups challenging the constitutionality of President Donald Trump's birthright citizenship executive order fired off a volley of new lawsuits, switching their legal actions to class action complaints.

  • June 27, 2025

    Judge Lets DOGE Access Go On But Cites 'Grave' Concerns

    A D.C. federal judge Friday voiced his "grave" concerns about the White House's Department of Government Efficiency obtaining personal information, but the district court declined to stop the U.S. Department of Labor and U.S. Department of Health and Human Services from giving this access.

  • June 27, 2025

    Senate Says AI Is In, Some Spectrum Parts Out Of Budget Bill

    The updated version of a moratorium on states' regulation of artificial intelligence is allowed to be included in the budget reconciliation package but some of the spectrum-related provisions are not, according to the latest ruling from the U.S. Senate parliamentarian.

  • June 27, 2025

    NC Appeals Court Urged To Back Firing Of General Counsel

    North Carolina's body of independent administrative law judges is urging the state appeals court to reject its former general counsel's bid to revive his claims that his politics got him fired, arguing that his position is exempt from certain workplace protections.

  • June 27, 2025

    After Dobbs, States Become Battleground For Abortion Rights

    Three years ago, when the U.S. Supreme Court overturned the precedent set by Roe v. Wade, it did more than end nearly five decades of federal constitutional protection for abortion; it also fractured the legal landscape of reproductive rights, shifting the authority to regulate the procedure to individual states, and leading to legal uncertainty for courts, physicians and patients.

  • June 27, 2025

    Pregnancy Loss Draws Police Scrutiny Following Dobbs

    The nation's abortion debate has played out in civil courtrooms and state capitols across the country since the overturning of Roe v. Wade three years ago. But the battle is also emerging in another arena: the criminal courts.

  • June 27, 2025

    How States Are Rethinking Life Without Parole For Youth

    A wave of recent state high court rulings, including a landmark decision in Michigan in April, has curtailed the use of mandatory life without parole for defendants under 21, citing evolving standards of decency and brain science. Hundreds of incarcerated individuals in Michigan are now eligible for resentencing, but the reforms face resistance from prosecutors, victims’ rights advocates, and dissenting justices who warn of consequences for public safety and judicial overreach.

  • June 27, 2025

    Greystar, Landlords Push To Toss DOJ's RealPage Suit

    Greystar Management Services LLC and several other landlords urged a North Carolina federal court to toss a rent price-fixing suit lodged by the federal government and multiple states, arguing in part that they have failed to provide specifics for their antitrust claims.

  • June 27, 2025

    Full 5th Circ. To Hear Planned Parenthood Atty Immunity Row

    The full Fifth Circuit will rehear a panel's decision concluding that Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improperly billing Medicaid programs.

  • June 27, 2025

    Trump Ends Canada Trade Talks Over Digital Services Tax

    The U.S. is ending trade negotiations with Canada because of the country's digital services tax, President Donald Trump said Friday, days before tech giants are due to file their first returns for the 3% charge on revenues they earn from Canadians.

  • June 27, 2025

    Colo. Appeals Court Clarifies Meaning Of Molotov Cocktail

    A Colorado state appeals court has ruled for the first time on the interpretation of state laws around explosives and incendiary devices, stating that lawmakers "intended 'explosive' to carry the same meaning as 'incendiary device.'"

  • June 27, 2025

    Parolees Say Feds Not Processing Benefits As Required

    Noncitizens challenging the Trump administration's termination of Biden-era parole programs called on a Massachusetts federal judge to make the government explain how it's not violating a court order to restore processing of their immigration benefits requests.

  • June 27, 2025

    Hawaii Groups Look To Block Monument Fishing Permits

    Three conservation groups are looking to set aside an April decision by the Trump administration that gave the go-ahead for permit holders to commercially fish in the waters of a Pacific Coast national monument, telling a Hawaii federal court that destructive fishing has already started in the 400,000-square-mile site.

  • June 27, 2025

    Groups Sue To Protect Everglades From 'Alligator Alcatraz'

    Environmental groups sued Homeland Security Secretary Kristi Noem and Florida officials Friday in Miami federal court in a bid to halt the construction of a migrant detention center known as "Alligator Alcatraz" in the Everglades, alleging it wasn't properly vetted for how it will impact the protected wetlands.

  • June 27, 2025

    Texas Justices Give Uri MDL Plaintiffs Chance To Replead

    The Texas Supreme Court on Friday said that thousands of plaintiffs in a multidistrict litigation stemming from winter storm Uri in 2021 could replead their gross negligence claims against transmission and distribution utility providers, giving them a chance to revive their long-running dispute over the crippling winter storm.

  • June 27, 2025

    Financial Regulators Say Banks Can Use Third-Party TIN Info

    Financial regulators on Friday said banks can collect tax identification number information from third parties, rather than just from their customers, pointing to changes in banking since the requirement was enacted under the USA PATRIOT Act.

  • June 27, 2025

    Utilities Can Depose Regulator Who Erased Texts, Judge Says

    A Connecticut judge has ruled the head of the Connecticut Public Utilities Regulatory Authority who deleted text messages included in a discovery request can be deposed by the energy companies that brought the request in their suits seeking to recover millions in revenue deficiencies.

  • June 27, 2025

    Feds Seek 3rd Circ. Stay Of Columbia Grad's Release Order

    The federal government has asked the Third Circuit to stay a New Jersey judge's order that released Columbia University graduate Mahmoud Khalil on bond, arguing that the district court lacked jurisdiction over the immigration issue and Khalil's habeas filing.

  • June 27, 2025

    Grassley Plots Next Moves After Nationwide Injunction Ruling

    Following the U.S. Supreme Court's decision Friday significantly limiting federal judges' ability to issue injunctions affecting parties outside a case, Senate Judiciary Committee Chairman Chuck Grassley is gearing up to further rein in judges with the Republicans' budget bill and standalone legislation.

Expert Analysis

  • Deregulation Memo Presents Risks, Opportunities For Cos.

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    A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

  • Action Steps To Prepare For Ramped-Up Export Enforcement

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    In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • DOJ Signals Major Shift In White Collar Enforcement Priorities

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    In a speech on Monday, an official outlined key revisions to the U.S. Department of Justice’s voluntary self-disclosure, corporate monitorship and whistleblower program policies, marking a meaningful change in the white collar enforcement landscape, and offering companies clearer incentives and guardrails, say attorneys at McGuireWoods.

  • Understanding Compliance Concerns With NY Severance Bill

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    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.

  • What New Study Means For Recycling Compliance In Calif.

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    Companies must review the California recycling agency's new study to understand its criteria for assessing claims of product and packaging recyclability under a law that takes effect next year, and then decide whether the risks of making such claims in the state outweigh the benefits, say attorneys at Keller & Heckman.

  • Mergers Face Steeper Slopes In State Antitrust Reviews

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    The New York Supreme Court's recent summary judgment in New York v. Intermountain Management, blocking the acquisition and shuttering of a ski mountain in the Syracuse area, underscores the growing trend among state antitrust enforcers to scrutinize and challenge anticompetitive conduct under state laws, say attorneys at Robins Kaplan.

  • Opinion

    The IRS Shouldn't Go To War Over Harvard's Tax Exemption

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    If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.

  • Balancing Deep-Sea Mining Executive Order, Int'l Agreements

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    President Donald Trump's recent executive order directing exploration and exploitation of deep-sea mineral resources appears to conflict with the evolving international framework regulating such activities, so companies and investors should proceed with care and keep possible future legal challenges in mind, say attorneys at Dentons.

  • CFTC Memos Clarify When 'Sorry' Still Gets You Subpoenaed

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    A pair of Commodity Futures Trading Commission advisories released in February and April open a new path to self-reporting but emphasize that serious breaches still warrant a trip to the penalty box, prompting firms to weigh whether — and how — to disclose potential violations in the future, say attorneys at Pryor Cashman.

  • Parsing The SEC's New Increased Co-Investment Flexibility

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    The U.S. Securities and Exchange Commission's new co-investment exemptive orders simplify processes and reduce barriers for regulated funds — and rulemaking may evolve further to allow investors access to additional investment opportunities and increase available capital for issuers seeking to raise money from fund complexes, say attorneys at Simpson Thacher.

  • Cos. Must Assess And Prepare For Cartel-Related FCPA Risks

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    Given the Trump administration’s strong signaling that it will focus on drug cartels and transnational criminal organizations when it resumes Foreign Corrupt Practices Act enforcement, global businesses should refresh their risk assessments and conduct enhanced due diligence to account for these shifting priorities, say attorneys at Morgan Lewis.

  • State AGs Shape Regulatory Dynamic In Trump's 1st 100 Days

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    With President Donald Trump's promised rollback of long-standing federal regulations and enforcement actions just beginning, alongside a flurry of executive orders, what state attorneys general do now will influence the complex state-federal regulatory landscape for years to come, say attorneys at Cozen O'Connor.

  • Opinion

    New Hospice Regulations Should Enforce Core Principles

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    As the U.S. Department of Health and Human Services' Office of Inspector General prepares to research and expand on oversight of Medicare hospice care, the OIG should keep in mind certain core principles, such as an emphasis on preventing the entry of hospices that raise red flags, says Bill Dombi at Arnall Golden.

  • AT&T Decision May Establish Framework To Block FCC Fines

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    The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.

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