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    The U.S. Department of Labor's employee benefits arm on Tuesday rescinded guidance from 2021 that warned 401(k) plan managers about the risks of investing in private equity, which comes after an executive order last week that called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

  • Plan For Increased HSR Info Sharing With Wash. Antitrust Law

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    Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.

  • 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.

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