Public Policy

  • April 29, 2025

    High Court Backs HHS In Hospital Pay Formula Dispute

    The U.S. Supreme Court on Tuesday sided with federal health officials in a challenge over a formula used to calculate billions of dollars in annual payments to hospitals treating indigent patients, saying that those entitled to Supplemental Security Income should be collecting cash payments before they're counted in the formula.

  • April 28, 2025

    Ed Martin Turns In 100-Plus Pages Of Responses To Sens.

    Ed Martin, nominee for U.S. attorney for the District of Columbia, has turned in his response to hundreds of questions from the U.S. Senate Judiciary Committee, and he largely sidestepped inquiries about currently serving in the role in an interim capacity.

  • April 28, 2025

    Gitmo Atty Access Still Lacking, Immigrant Detainees Allege

    The Trump administration is still making it difficult for immigrants detained at Guantanamo Bay to access attorneys, including by denying in-person attorney visits and missing scheduled attorney-client phone calls, two detainees alleged in an amended suit filed Friday in D.C. federal court.

  • April 28, 2025

    DC Circ. Restores Ban On CFPB Mass Layoffs Amid Appeal

    A D.C. Circuit panel said Monday that the Consumer Financial Protection Bureau must refrain for now from mass employee firings, backtracking from a prior decision that the Trump administration had used to attempt a now-suspended layoff of nearly all the agency's staff.

  • April 28, 2025

    Feds' Bid To Spring False Biden Accuser Shot Down By Judge

    A California federal judge rejected a request Monday by prosecutors to release a former FBI informant imprisoned for lying to federal agents that former President Joe Biden accepted bribes, saying he does not agree the court made a mistake at sentencing that should result in his release pending appeal.

  • April 28, 2025

    Pulled Decision Dooms Chicago Disposal Site Suit, Feds Say

    The U.S. Army Corps of Engineers urged an Illinois federal judge to toss a suit challenging its decision to expand a disposal facility that stores sediments dredged from Chicago waterways now that it has withdrawn that decision.

  • April 28, 2025

    Biz Groups Fight NY's Bid To Join Their Climate Suit With States'

    Fossil fuel industry groups countered the New York attorney general's bid to transfer their lawsuit fighting a $75 billion tab they must pay for climate change adaptation projects, saying joining their suit with one from a group of Republican states would serve neither justice nor judicial economy.

  • April 28, 2025

    Court Urged To Reconsider Jurisdiction In Tribal Tariff Row

    Blackfeet Nation members are asking a Montana federal judge to reconsider an order to transfer their challenge against President Donald Trump's tariffs on imports from Canada and abroad to the U.S. Court of International Trade, saying the decision is based on the constitutional question of the Indian commerce clause.

  • April 28, 2025

    DOJ Rips 'Flawed' Wartime Removals Order At 10th Circ.

    The U.S. Department of Justice told the Tenth Circuit that no precedent exists for a Colorado federal judge's temporary restraining order to halt removals under the Alien Enemies Act for individuals the DOJ says are not designated under the wartime law.

  • April 28, 2025

    Wells Fargo Exits CFPB's Mortgage, Auto Loan Consent Order

    Wells Fargo & Co. announced Monday it has exited a consent order it inked with the Consumer Financial Protection Bureau in a 2018 settlement that stemmed from allegations of improper practices in the bank's auto lending and mortgage divisions.

  • April 28, 2025

    FCC Tells Courts 5th Circ. Wrong To Kill $57M AT&T Fine

    The Federal Communications Commission defended multimillion-dollar fines against T-Mobile and Verizon in letters to the D.C. Circuit and Second Circuit, urging the appeals courts not to heed the Fifth Circuit's toss of a related $57 million privacy fine against AT&T.

  • April 28, 2025

    Exec 'Can't Believe' X Offers Itself As Place For Friends

    The Federal Trade Commission pressed executives and former leaders from X Corp., Strava, Pinterest and Reddit on Monday for all the things that distinguish their services from Meta Platforms Inc., painting Facebook and Instagram in D.C. federal court as effectively the only place to really connect with friends and family to show the social media giant's alleged monopoly.

  • April 28, 2025

    DOJ's Slater Outlines 'America First Antitrust' Priorities

    The head of the U.S. Department of Justice's Antitrust Division said Monday that robust antitrust enforcement meshes with conservative principles, and the agency's priorities will be on pocketbook issues and protecting individual liberty online.

  • April 28, 2025

    DHS Says Visa Record Restored For Foreign Student In Wash.

    The U.S. Department of Homeland Security told a Washington federal judge on Monday that a preliminary injunction was not needed to restore the student visa record of a University of Washington doctoral candidate from China, because U.S. Immigration and Customs Enforcement has already returned the student's status to active.

  • April 28, 2025

    Dallas Strip Clubs' Args Give Fed. Judge 'Déjà Vu All Over Again'

    A Texas federal judge told a group of Dallas adult entertainment businesses they were retreading old ground in a bid to get a city ordinance forcing them to close during early morning hours thrown out, saying during a Monday hearing that the Fifth Circuit already rejected their arguments.

  • April 28, 2025

    Ga. Speaker Claims Immunity In Lawsuit Over Lawmaker Ban

    Georgia Speaker of the House Jon Burns has asked a federal judge to free him from a lawsuit lodged by the constituents of a lawmaker who was barred from the chamber in January after calling Burns' predecessor "one of the most corrupt Georgia leaders we'll ever see in our lifetimes."

  • April 28, 2025

    Gov't Reverses Position On Surgery For Trans Prisoners

    The Trump administration is rejecting the federal government's previous stance that prison officials are constitutionally required to provide gender confirmation surgery to incarcerated people with gender dysphoria who request the treatment, noting the shift in recent statements to a Georgia federal court.

  • April 28, 2025

    DOJ Wants Live Nation Case Split Between Liability, Damages

    The U.S. Department of Justice asked a New York federal court on Monday to split the case accusing Live Nation of quashing competition in the live entertainment industry by having a jury decide if the company violated antitrust law and the judge decide what remedies to impose.

  • April 28, 2025

    EPA Waiver Lifts Summer Ban On High-Ethanol Fuel Sales

    The U.S. Environmental Protection Agency on Monday formally suspended the usual summer ban on sales of higher-ethanol gasoline blends, the fourth year in a row the agency has done so.

  • April 28, 2025

    Justices Open To New Combat Compensation Filing Window

    A group of U.S. Supreme Court justices seemed open to letting late-filing veterans get retroactive combat-related special compensation, with some justices saying that the statute might be explicit enough to not fall under the Barring Act's statute of limitations.

  • April 28, 2025

    Judge 'Commandeered' VOA, DC Circ. Told

    The Trump administration is urging the D.C. Circuit to narrow an injunction preserving the agency that oversees Voice of America while the administration appeals a ruling that halted the broadcasting service's dismantling, saying a trial court judge ruled too broadly by reinstating grant agreements and employees.

  • April 28, 2025

    Whitmer's Top Court Pick Helps Secure Her Judicial Legacy

    Michigan Gov. Gretchen Whitmer made her second appointment to the state's highest court last week, and experts say the Democrat's latest pick locks in a liberal supermajority that is likely to be sympathetic to criminal defendants' rights.

  • April 28, 2025

    FCC Eyes New Power Limits For NGSO Satellites

    The Federal Communications Commission on Monday floated new power limits for nongeostationary orbit satellites in a move the feds say could boost the availability of broadband service beamed from space, and that was requested by SpaceX.

  • April 28, 2025

    Trump To Target Sanctuary Cities With New Executive Order

    President Donald Trump signed an executive order on Monday evening directing the attorney general and secretary of the U.S. Department of Homeland Security to publish a list of sanctuary cities, which are often found in Democratic states, as they "obstruct" the federal immigration efforts, according to the administration.

  • April 28, 2025

    Board Game Co., 11 Others Say Trump Tariffs Unconstitutional

    President Donald Trump's tariffs exceed the constitutional authority of the executive branch, argued 12 American companies, including a manufacturer of tabletop games that are printed in China, urging a federal court to halt them.

Expert Analysis

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Opinion

    Upholding Tribal Sovereignty Benefits US And Indian Country

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    The Trump administration's broad moves to end diversity, equity and inclusion programs are negatively affecting many tribal programs, but supporting tribal sovereignty would serve the federal government's deregulatory goals and ensure that tribes have the resources they need, says Ellen Grover at BB&K.

  • Constitutional Foundations Of Gov't-Guaranteed Investments

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    For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.

  • Investor Essentials For Buying Federally Owned Property

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    Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.

  • How 2025 Is Shaping The Future Of Bank Mergers So Far

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    Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • What's Old And New In The CFTC's Self-Reporting Advisory

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    Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.

  • Weathering Policy Zig-Zags In Gov't Contracting Under Trump

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    To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.

  • How Trump's Crypto Embrace Is Spurring Enforcement Reset

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    The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.

  • After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands

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    The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • What Trump's Order Means For The Legal Status Of IVF

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    An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.

  • During Financial Regulatory Uncertainty, Slow Down And Wait

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    Amid the upheaval at the Consumer Financial Protection Bureau and the slowdown in activity at the prudential agencies, banks must exercise patience before adopting strategic and tactical plans, as well as closely monitor legal and regulatory developments concerning all the federal financial regulators, say attorneys at Dorsey.

  • 1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split

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    The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.

  • Opinion

    It's Time To Fix The SEC's Pay-To-Play Rule

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    Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.

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