Public Policy

  • August 12, 2025

    Amazon's 'Dark Patterns' Expert Nixed From FTC Prime Suit

    Amazon.com Inc. is down a key expert witness after a Washington federal judge ruled that an engineering consultant has offered nothing but his expertise and experience to argue the Federal Trade Commission wrongly accuses the retail giant of using "dark patterns" to trick users into Prime subscriptions.

  • August 12, 2025

    4th Circ. Lifts Block On DOGE's Data Access At 3 Agencies

    A split Fourth Circuit panel vacated a block Tuesday on the Department of Government Efficiency's access to personal information held by three federal agencies, prescribing an exacting appraisal of the challenging unions' chances of winning all aspects of the case.

  • August 12, 2025

    Groups Urge IRS To Resist Pressure To Share Taxpayer Info

    Advocacy groups urged the Internal Revenue Service on Tuesday to keep resisting presidential pressure to share confidential tax-return information with immigration enforcement authorities, saying the abrupt departure of the agency's new commissioner highlights the need for oversight.

  • August 12, 2025

    Trump Nominates 5 To Mississippi, Alabama Federal Courts

    President Donald Trump announced on Tuesday five judicial nominees for federal courts in Mississippi and Alabama, one of whom Trump tried to put on the bench in his first term.

  • August 12, 2025

    NM School Board Sues Feds Over Native American Bias Probe

    A New Mexico school board is suing the U.S. Equal Employment Opportunity Commission and acting Chair Andrea Lucas, arguing they overstepped their authority by lodging an "overly broad and vague" Native American discrimination charge and probe against it.

  • August 12, 2025

    Forge Ahead On Cellphone Hearing Aid Rules, FCC Told

    Federal rules need to be updated as soon as possible to align with an upcoming standard for hearing aid compatibility with cellphones, advocates for consumers with hearing loss said.

  • August 12, 2025

    DOL Yanks 2021 Guidance On Private Equity 401(k) Risks

    The U.S. Department of Labor's employee benefits arm on Tuesday rescinded guidance from 2021 that warned 401(k) plan managers about the risks of investing in private equity, which comes after an executive order last week that called for expanding access to alternative asset classes in defined-contribution retirement plan investing.

  • August 12, 2025

    2nd Circ. Rules Dormant Commerce Clause Covers Marijuana

    A split Second Circuit panel on Tuesday ruled that, despite marijuana's federal illegality, the U.S. Constitution prohibits states from privileging their own residents when awarding licenses to cannabis businesses.

  • August 12, 2025

    FTC Skeptical Of 'Partial' Sale For GTCR Merger Fix

    The Federal Trade Commission told an Illinois federal court that enforcers are reviewing an offer by private equity firm GTCR BC Holding to sell parts of a medical device coatings company in order to fix concerns raised by the company's planned purchase of Surmodics, but said a full sale is preferable.

  • August 12, 2025

    FCC Urged To Ramp Up Mobile High-Cost Support

    The Federal Communications Commission needs to reform its mobile support rules for subsidizing carriers in largely rural areas, a wireless trade group told the agency.

  • August 12, 2025

    Md. Judges Say DOJ Habeas Suit Wreaks 'Havoc' On Judiciary

    The Maryland federal bench again moved to throw out the Trump administration's "disruptive affront" challenging a standing order that temporarily paused the removal of noncitizen detainees who filed habeas petitions, arguing Monday that the executive branch's suit fails to state a claim and "wreaks unprecedented havoc on the Judiciary."

  • August 12, 2025

    NJ Is Key Battleground In Fight Over Newborn Blood Tests

    Newborn blood screening, a cornerstone of modern public health, is the focus of a debate over patient privacy, parental consent and what happens to the samples after initial tests are complete. A New Jersey court recently weighed in.

  • August 12, 2025

    Ex-Judges, DAs Blast DOJ Suit Over ICE Courthouse Arrests

    New York district attorneys, legal aid groups, law professors and retired judges have expressed support for a state law that blocks federal immigration officials from making arrests near courthouses, calling it essential to a functioning justice system and urging the dismissal of a U.S. Department of Justice lawsuit challenging the law.

  • August 12, 2025

    DOJ Demurs On Lawsuit Seeking Emil Bove Docs

    The U.S. Department of Justice is contesting a watchdog's lawsuit seeking to obtain public records requests on now-Third Circuit Judge Emil Bove, who was formerly President Donald Trump's criminal attorney and a top DOJ official.

  • August 12, 2025

    Trump's Tariffs Add Billions In Revenue, Think Tank Says

    President Donald Trump's enacted tariffs are generating billions of dollars more in revenue when compared to duty collections prior to his taking office, and that revenue could be used to reduce the U.S. budget deficit, according to a recent analysis by the Committee for a Responsible Federal Budget.

  • August 12, 2025

    6th Circ. Says Officials' Cabin Search Violated 4th Amendment

    The Sixth Circuit on Monday upheld a lower court's decision denying qualified immunity to Michigan officials who entered a family's property without a warrant or permission, ruling the mini cabins they inspected were protected as homes under the Fourth Amendment and the search was unreasonable.

  • August 12, 2025

    Petition Seeks FCC Files On Trump-Skydance Meeting

    The head of an artificial intelligence streaming platform called on the Federal Communications Commission to release its findings on his complaint alleging improper lobbying by Skydance Media for its $8 billion merger with Paramount, claiming that Skydance planned an impromptu meeting with President Donald Trump at an April UFC fight.

  • August 12, 2025

    Maryland Says It's Immune To Hemp Cos.' Challenge To Regs

    The state of Maryland and its regulators are urging a federal court to toss hemp companies' challenge to a state regulation requiring licenses for intoxicating hemp-derived products, saying the claims are blocked by sovereign immunity under the 11th Amendment.

  • August 11, 2025

    Utah Gov. Cox Escapes Ute Tribe's Bidding Scheme Suit

    Utah's governor and other state officials won't have to face a challenge by the Ute Indian Tribe accusing them of a racist bidding scheme to prevent a land purchase, a federal judge ruled, finding the tribe failed to provide specific allegations tying them to the supposed conspiracy.

  • August 11, 2025

    Army Brass Grilled On Trump's Calif. Troop Deployment

    A San Francisco federal judge overseeing a bench trial over California's claims that President Donald Trump unlawfully deployed military troops in the state dug into a U.S. Army commander's testimony Monday that soldiers were sent to help enforce immigration laws, even when the military's own assessment showed a low risk of violence or damage.

  • August 11, 2025

    GCI To Pay $10K To End Fed Probe Over Alaska Cable Permit

    Alaska telecom GCI Communication Corp. will have to pay $10,000 for letting the cable landing licenses for one of its undersea cable systems expire, the Federal Communications Commission has announced.

  • August 11, 2025

    'Flipping NJ' Developer Fights Charges, Citing Habba's Role

    A New Jersey real estate developer and influencer, who is accused of running a Ponzi-like investment fraud scheme and laundering drug money, on Monday became the latest defendant to seek dismissal of his indictment over what he says was the illegal appointment of Alina Habba as acting U.S. attorney for the Garden State.

  • August 11, 2025

    Wash. AG Sues Feds For Pulling Climate Resiliency Grants

    Washington launched a lawsuit accusing the Trump administration of abruptly canceling grants awarded to the Evergreen State to address climate change impacts, including about $9.3 million approved last year for a collegiate-tribal partnership to prep more than 2,100 students for sustainability-focused careers.

  • August 11, 2025

    Ohio Justice's Suit Over Partisan Label Rule Moves Forward

    Ohio Supreme Court Justice Jennifer Brunner's challenge to a state law requiring judicial candidates to list their political party affiliations on general election ballots will go on after a federal judge ruled the justice sufficiently alleged that her First Amendment rights were violated.

  • August 11, 2025

    11th Circ. Rejects Speedy Trial Claim In MetroPCS Robberies

    The Eleventh Circuit will not overturn the conviction of a man arrested in a string of MetroPCS store robberies in Miami, saying that even though the government may have violated the Speedy Trial Act, the man missed the window to challenge the charges.

Expert Analysis

  • Biotech Collaborations Can Ease Uncertainty Amid FDA Shift

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    As concerns persist that the U.S. Food and Drug Administration's reduced headcount will impede developments at already-strapped biotech companies, licensing and partnership transactions can provide the necessary funding and pathways to advance innovative products, say attorneys at Troutman.

  • Nuclear Stakeholders Must Prepare For Cyber Threats

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    As the White House signals its support for a revival of nuclear power to supply the power needs of data centers and the artificial intelligence industry, investors and operators must keep in mind that safeguarding nuclear infrastructure from evolving cyber threats will be essential, say attorneys at A&O Shearman.

  • Series

    Playing Mah-Jongg Makes Me A Better Mediator

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    Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

  • Business Court Bill Furthers Texas' Pro-Corporate Strategy

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    The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.

  • Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty

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    The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.

  • FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda

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    While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.

  • Diversity, Equity, Indictment? Contractor Risks After Kousisis

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    The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • What To Expect As UK, US Gov'ts Develop Stablecoin Policies

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    While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.

  • Series

    Texas Banking Brief: All The Notable Legal Updates In Q2

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    In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.

  • Lawsuit, Exec Orders Should Boost Small Modular Reactors

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    A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • Congress Crypto Movement Could Bring CFTC 'Clarity' At Last

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    The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.

  • What Employers Can Learn From Axed Mo. Sick Leave Law

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    Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.

  • Preparing For Trump Pushback Against State Climate Laws

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    An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.

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