Public Policy

  • July 22, 2025

    After 8th Circ. Ruling, Hemp Co. Drops Suit Against SD Ban

    A South Dakota hemp retailer has moved to voluntarily dismiss its federal lawsuit challenging the state's ban on the processing of hemp derivatives into intoxicating products, days after the Eighth Circuit upheld a similar Arkansas law.

  • July 22, 2025

    Fed. Circ. Urged To Nix Motorola Fintiv Memo Withdrawal Fight

    Stellar Inc. has urged the Federal Circuit to ignore Motorola's challenge to a decision by the U.S. Patent and Trademark Office's acting leader that shut down its attempt to invalidate various Stellar patents at the Patent Trial and Appeal Board.

  • July 22, 2025

    DC Circ. Puts Fired FTC Dem's Restoration On Ice, For Now

    One of the Federal Trade Commission Democrats who was removed from the agency before her term was up by the Trump administration will not be returning to her seat just yet after the D.C. Circuit agreed to put the order mandating her return to work on hold.

  • July 22, 2025

    Bid Protest Experts Push For Focus On Data, Debriefings

    Bid protest experts told lawmakers Tuesday that they should focus on collecting more data on the federal procurement process and expanding the use of enhanced post-award debriefing procedures to civilian agencies, rather than penalizing companies that file frivolous bid protests.

  • July 22, 2025

    US Olympic Officials Ban Trans Women, Comply With Trump

    The U.S. Olympic & Paralympic Committee has banned transgender women from competition in Olympic women's sports, adding a clause to its policy that otherwise protects athletes from abuse but now also complies with President Donald Trump's executive order.

  • July 22, 2025

    Fair Use Carveout Applies To Med Device Repairs, Judge Says

    A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.

  • July 22, 2025

    Power Cos., PJM Back FERC Auction Rerun Decision

    Power producers and PJM Interconnection LLC told the D.C. Circuit Monday the Federal Energy Regulatory Commission was right to let PJM rerun an electricity capacity auction with an inflated reliability requirement after the Third Circuit ruled changes to it were retroactive ratemaking.

  • July 22, 2025

    Pa. High Court Says Expunged DUI Still Counts As An Offense

    Pennsylvania's highest court ruled Tuesday that the state can count a charge for driving under the influence that was expunged following a diversion program as a prior offense for the purpose of suspending a man's driver's license after he committed another DUI offense.

  • July 22, 2025

    Feds Tell 9th Circ. That Judge Misread Trump's Sanctuary Orders

    The U.S. Department of Justice told the Ninth Circuit on Monday that a district court's injunction blocking the Trump administration from withholding federal funding to sanctuary jurisdictions like San Francisco rests on the court's misunderstanding of President Donald Trump's executive orders.

  • July 22, 2025

    Divided 3rd Circ. Backs ICE Detention Contracts In NJ

    A split Third Circuit panel on Tuesday backed a lower court's decision invalidating a New Jersey state law barring detention centers from contracting with U.S. Immigration and Customs Enforcement, ruling that the law directly regulates the federal government.

  • July 22, 2025

    ND Fights Tribes' High Court Bid To Stay Voting Rights Order

    North Dakota Secretary of State Michael Howe urged U.S. Supreme Court Justice Brett Kavanaugh to deny a bid by two North Dakota tribes to pause an Eighth Circuit decision that vacated their challenge to two state voting laws, arguing the tribes have not established a likelihood of reversal.

  • July 22, 2025

    Humana Asks Texas Court To Void 2025 Medicare Ratings

    Humana Inc. has asked a Texas court to vacate the Centers for Medicare & Medicaid Services' 2025 star ratings for certain Medicare plans, writing that the evaluation rules "are dizzyingly complex" and unfairly resulted in a lower rating for its plan.

  • July 22, 2025

    Civil Rights Org. Backs 2nd Suit Over Tariffs, In Texas

    The New Civil Liberties Alliance is representing two businesses and a trade association in Texas federal court in a suit filed on Monday against the federal government — the second suit the alliance has taken on to fight President Donald Trump's emergency tariffs.

  • July 22, 2025

    Trump Announces Framework For Indonesia Trade Deal

    Indonesian goods entering the U.S. will face a 19% tariff beginning Aug. 1 as U.S. exports will benefit from a series of tariff reductions and removal of certain trade barriers by Indonesia, according to new details President Donald Trump announced for a trade deal between the two countries Tuesday on Truth Social.

  • July 22, 2025

    Mo. High Court Says Counties Can't Tax Pot In Certain Areas

    Counties can't add their own taxes on sales of adult-use cannabis in incorporated areas such as cities that impose their own tax, Missouri's highest court said Tuesday, reversing a lower court decision that upheld the county taxes.

  • July 22, 2025

    Ohio Justices Accept AG's Bid To Limit Care For Trans Youths

    The Ohio Supreme Court on Tuesday agreed to review an appeals court's finding that portions of a state law restricting gender-affirming care for transgender youths are unconstitutional. 

  • July 22, 2025

    Discovery To Continue In Colo. Class Suit Over Seized Property

    A Colorado federal judge on Tuesday ruled that discovery will continue in a proposed class action alleging the Colorado state treasurer unconstitutionally seized and sold their property, regardless of a pending motion to dismiss the case.

  • July 22, 2025

    Amazon Pushes Back On FTC's Trial Time Extension Bid

    Amazon has urged a Washington federal court to reject the Federal Trade Commission's bid to extend the agency's trial time in a lawsuit over automatically recurring Prime subscriptions, calling the proposal both unfair and baseless.

  • July 22, 2025

    Quantum Wants FTC To Lift Order On $5.2B Natural Gas Deal

    The Federal Trade Commission is asking for public feedback on a Quantum Energy Partners petition aiming to set aside a consent order the agency entered over a $5.2 billion deal that EQT Corp. struck with Quantum for oil and gas assets in Appalachia.

  • July 22, 2025

    Lawmakers Consider Case Of Would-Be Donor's 'Signs Of Life'

    The nation's organ transplant system is again under the microscope of federal lawmakers after a federal investigation found that a Kentucky organ procurement organization moved forward with the transplant process despite the patient showing "signs of life."

  • July 22, 2025

    4th Circ. Lets End Of Afghan Protected Status Move Forward

    The Fourth Circuit has lifted an administrative stay blocking the Trump administration's attempt to end Temporary Protected Status for Afghans and Cameroonians, allowing those efforts to move forward while the litigation proceeds.

  • July 22, 2025

    House Panel Knocks EBSA Sharing Info With Workers' Attys

    House lawmakers on Tuesday criticized the U.S. Department of Labor's employee benefits subagency for sharing information from enforcement investigations with plaintiffs attorneys representing benefit plan participants, with some lawmakers calling on Congress to pass new legislation to curb the practice.

  • July 22, 2025

    Gogo Worries 900 MHz Redo Could Disrupt In-Flight Receivers

    In-flight communications provider Gogo told the Federal Communications Commission that a plan advanced early this year to rework two bands of 900 megahertz airwaves could disrupt its air-to-ground receivers that use an adjacent band.

  • July 22, 2025

    USPTO Employee Held In China Amid Visa Disclosure Dispute

    The U.S. State Department said Tuesday it is speaking with Chinese government officials about a U.S. Patent and Trademark Office employee who is being prevented from leaving the country.

  • July 22, 2025

    Mich. Court Changes Course To Uphold Terrorist Threat Law

    A Michigan law that criminalizes terrorism threats is constitutional, a state appellate panel has ruled, marking a reversal months after the law was struck down in a case involving a social media message threatening a school shooting.

Expert Analysis

  • Federal Construction Considerations Amid Policy Overhaul

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    The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.

  • FMLA Expansion Sees State Progress Despite Federal Barriers

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    Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.

  • How Political Divisions Are Stalling Pa. Energy Development

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    Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.

  • 3rd-Party Audit Tactics To Improve Export Control Compliance

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    Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.

  • A Look At Trump Admin's Shifting Strategies To Curtail CFPB

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Evading DOJ Crosshairs As Data Security Open Season Starts

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    As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.

  • How Trump's Trade Policies Are Shaping Foreign Investment

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    Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.

  • How Trump Admin Treasury Policies Are Reaching Banks

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    The Treasury Department has emerged as an important facilitator of the Trump administration's financial policies affecting banks, which are now facing deregulation domestically and the use of international economic authorities in cross-border trade and investment, say attorneys at Davis Polk.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • FTC Focus: Enforcers Study AI Innovation And Entrenchment

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    The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

  • Policy Shifts Bring New Anti-Money Laundering Challenges

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    In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits

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    Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.

  • Despite Dark Clouds, Outlook For US Solar Has Bright Spots

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    While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.

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