Public Policy

  • October 31, 2025

    3 Argument Sessions Benefits Attys Should Watch In Nov.

    The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November.

  • October 31, 2025

    FERC Faces DC Circ. Fight Over Pipeline Project Revival

    Environmental and homeowner groups have asked the D.C. Circuit to drop the Federal Energy Regulatory Commission's reauthorization of a previously abandoned pipeline upgrade project in the Northeast, saying the agency can't simply restore an approval it issued six years ago.

  • October 31, 2025

    Mich. Judge DQs Lawyer Over Firm's Suspended Founder

    An attorney working for a recently suspended lawyer cannot appear in a Michigan federal case because his boss's discipline bars any of his associates from practicing in the Wolverine state, a judge ruled Friday.

  • October 31, 2025

    IBEW Locals Fight Ouster Of Unions At Energy, Interior Depts.

    President Donald Trump wasn't allowed to revoke the union status of electricians, linemen and plant operators at the Departments of Energy and the Interior, a group of union locals told a D.C. federal court, saying federal labor law enshrines their right to remain union-represented.

  • October 31, 2025

    FCC Plans To Drop More Regs Covering 'Obsolete' Techs

    When the Federal Communications Commission convenes for its monthly meeting in November, it will vote on a measure that would nix nearly two dozen more rules that the agency has deemed obsolete in one fell swoop.

  • October 31, 2025

    Both Sides Claim Victory In Calif. Tribal Gaming Rights Fight

    A federal judge says the U.S. Department of the Interior's decision to temporarily nix gaming eligibility for a proposed $700 million casino project violated a California tribe's due process rights, but both sides are claiming victory as claims of violations of the Administrative Procedure Act and Fifth Amendment against the federal agency were also dismissed.

  • October 31, 2025

    Industry Groups Seek More Time To Comment On PTAB Rules

    A coalition of organizations representing the technology, automotive and pharmaceutical sectors has urged U.S. Patent and Trademark Office Director John Squires to allow 30 additional days of public comments regarding new proposed rules that would curtail the number of Patent Trial and Appeal Board reviews.

  • October 30, 2025

    DC Circ. Judge Asks If Disputed Nuclear Rules 'Ignore Future'

    The D.C. Circuit asked the U.S. Nuclear Regulatory Commission whether it was "reasonable to ignore the future" when conducting environmental assessments for nuclear power plant license renewals during oral arguments Thursday morning.

  • October 30, 2025

    Michigan Tax Foreclosure Deal At Risk As Deadline Looms

    Property owners on Wednesday asked a Michigan federal judge to undo the initial approval of a settlement reached with counties accused of illegally keeping the proceeds of tax-foreclosed home sales, saying the counties' delay in providing information will force claimants to miss a deadline to choose how they want to recover their share.

  • October 30, 2025

    Security Camera Co. May Have Chinese Govt. Ties, Paxton Says

    Texas Attorney General Ken Paxton said Wednesday he has opened an investigation into Lorex Technology Inc., a seller of Wi-Fi security cameras, for its possible sale of cameras linked to a system associated with the Chinese Communist Party

  • October 30, 2025

    Philly Accuses PBMs Of Knowingly Enabling Opioid Crisis

    Philadelphia on Thursday sued CVS Caremark, Express Scripts and Optum, accusing the pharmacy benefit managers of contributing to the city's opioid epidemic via deceptive marketing and conspiring with drugmakers to increase the sale of OxyContin and other prescription opioids.

  • October 30, 2025

    11th Circ. Says Fla. Properties Can't Satisfy Venezuela Debt

    The Eleventh Circuit has refused to revive litigation aimed at enforcing $43.4 million worth of defaulted Venezuelan bonds by seizing control of various Miami properties allegedly controlled by a wealthy businessman accused of bribing Venezuelan officials, saying there was no jurisdiction.

  • October 30, 2025

    11th Circ. Upholds Deportation Over Child-Neglect Conviction

    The Eleventh Circuit on Thursday upheld the deportation of a Chilean green card holder who pled guilty to violating a Florida law criminalizing child neglect, finding the offense qualifies as a deportable crime under the federal Immigration and Nationality Act.

  • October 30, 2025

    USA Fencing Let Trans Athletes In Women's Events, Suit Says

    Three women fencers, including a member of the 2024 U.S. Olympic team, accused their sport's national governing body of discriminating against them by allowing transgender female athletes to participate in women's competitions.

  • October 30, 2025

    ACLU Fights ICE's Alleged Warrantless Arrest Practices

    A federal judge had questions about the reason to have a two-day preliminary injunction at the start of the hearing in Colorado federal court Thursday in a proposed class action against U.S. Immigration and Customs Enforcement and others claiming the agency is conducting warrantless arrests without probable cause.

  • October 30, 2025

    Small Biz Groups Seek Quick Win In CFPB Lending Data Fight

    A coalition of consumer-aligned advocacy groups is seeking summary judgment in Washington, D.C., federal court in their suit aiming to compel the Consumer Financial Protection Bureau to implement a 15-year-old Congressional mandate to collect lending data for women- and minority-owned small businesses.

  • October 30, 2025

    Med Robot Co. Tells 9th Circ. Not To Revive 'Disfavored' Suit

    Intuitive Surgical urged the Ninth Circuit not to revive a surgical repair company's claims alleging it blocked third parties from refurbishing components for its popular da Vinci surgery robot, defending the district court's findings that cases alleging anticompetitive harm to a single brand aftermarket are "rare and disfavored."

  • October 30, 2025

    Squires' National Security Fears Over RPIs Draw Skepticism

    U.S. Patent and Trademark Office Director John Squires has started requiring patent challengers to disclose all real parties in interest when filing their initial Patent Trial and Appeal Board petitions, building on his policies to limit such challenges and citing concerns over national security.

  • October 30, 2025

    Judge Says FCA Qui Tam Provisions Don't Violate Constitution

    A Wisconsin federal judge has rejected Wisconsin Bell's attempt to shutter a whistleblower's claims it overcharged schools and libraries for connectivity services provided under the federal E-Rate program by arguing the False Claims Act's qui tam provisions are unconstitutional.

  • October 30, 2025

    FDIC's Hill Says Deposit Insurance Boost May Not Raise Costs

    The Federal Deposit Insurance Corp.'s top official said at his Thursday confirmation hearing that a targeted increase in his agency's coverage limits could dampen depositor run risk without necessarily requiring it to charge all banks more for the extra protection.  

  • October 30, 2025

    GOP Senator Floats Fair Access Bill In 'Debanking' Push

    Sen. Thom Tillis, R-N.C., introduced draft legislation Thursday that he says builds on an earlier attempt to prevent banks from blocking conservatives or disfavored industries from opening accounts, proposing the creation of a fair access standard that allows regulators and attorneys general to sue noncompliant banks. 

  • October 30, 2025

    Trade Deals At Risk In Trump Tariff Case, Feds Tell Justices

    The federal government told the U.S. Supreme Court on Thursday that President Donald Trump's global tariffs have led to significant trade deals addressing the underlying national emergencies he declared, and a ruling determining them unlawful would prove catastrophic.

  • October 30, 2025

    FCC Dem Concerned About Broadband 'Bridge To Nowhere'

    The Federal Communications Commission's lone Democrat said Thursday she's worried the government will end up building a "bridge to nowhere" by leaning too heavily on broadband deployment projects at the expense of connectivity aid.

  • October 30, 2025

    Wash. Justices Debate Judge's Future Amid Court Discord

    The Washington Supreme Court on Thursday asked about the practical effect of returning a suspended municipal judge to the bench, probing whether there's any evidence that Judge Tracy S. Flood and staff of the Bremerton Municipal Court would be able to avoid further discord and subsequent impacts on litigants if she went back to her post.

  • October 30, 2025

    Washington Pot Board Says Racial Bias Claims Nothing New

    There is nothing new about accusations that the Washington State Liquor and Cannabis Board disproportionately favored white applicants over minorities when issuing marijuana licenses, state regulators told a federal court, arguing that a Black entrepreneur's public advocacy renders untimely his lawsuit over a license denial. 

Expert Analysis

  • As Student Loan Outlook Dims, What Happens To The Banks?

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    While much of the news around the student loan crisis focuses on the direct impact on young Americans' decreasing credit scores, the fate of the banks themselves — and the effect on banking policy — has been largely left out of the narrative, says Madeline Thieschafer at Fredrikson & Byron.

  • How Trade Fraud Task Force Launch Furthers Policy Goals

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    A new cross-agency trade fraud task force is the latest in a series of Trump administration efforts to leverage agency relationships in pursuit of its trade policy goals, and its creation signals a further uptick in customs enforcement, say attorneys at Morgan Lewis.

  • Keys To Extended Producer Responsibility Compliance

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    As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.

  • Digital Asset Report Opens Doors For Banks, But Risks Linger

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    A recent report from a White House working group discussing digital asset market structure signals how banks may elect to expand into digital asset custody, trading and related services in the years ahead, but the road remains layered with challenges, say attorneys at Foley & Lardner.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • 5 Real Estate Takeaways From Trump's Sweeping Tax Law

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    Changes to the Internal Revenue Code included in the One Big Beautiful Bill Act will have a range of effects on real estate sponsors, investors and real estate investment trusts — from more compliance flexibility around taxable REIT subsidiary limits to new considerations raised by a key retaliatory tax provision that was left out, say attorneys at DLA Piper.

  • Evaluating The Current State Of Trump's Tariff Deals

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    As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.

  • Series

    Playing Softball Makes Me A Better Lawyer

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    My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

  • 5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting

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    As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.

  • How Securities Test Nuances Affect State-Level Enforcement

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    Awareness of how different states use their securities investigation and enforcement powers, particularly their use of the risk capital test over the federal Howey test, is critical to navigating the complicated patchwork of securities laws going forward, especially as states look to fill perceived federal enforcement gaps, say attorneys at WilmerHale.

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

  • Calif. Bill May Shake Up Healthcare Investment Landscape

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    If signed by the governor, newly passed California legislation would significantly expand the Office of Health Care Affordability's oversight of private equity and hedge fund investments in healthcare companies and management services organizations, and raise several questions about companies' data confidentiality and filing burdens, say attorneys at Ropes & Gray.

  • How Prohibiting Trigger Leads May Affect Mortgage Marketing

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    Recent amendments to the Fair Credit Reporting Act prohibiting the sale of trigger leads mark a significant shift in the regulatory landscape for mortgage lenders, third-party lead generators and their legal counsel, who should reevaluate lead generation strategies and compliance protocols, say Joel Herberman, Rob Robilliard and Leah Dempsey at Brownstein Hyatt.

  • How Hyperlinks Are Changing E-Discovery Responsibilities

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    A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

  • Pharma Copay Programs Raise Complex Economic Questions

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    The growing prevalence of copay accumulator and maximizer programs in the pharmaceutical industry is drawing increased scrutiny from patients, advocacy groups, lawmakers and courts, bringing complex questions about how financial responsibility for prescription drug purchases is determined and complicating damages assessments in litigation, say analysts at Analysis Group.

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