Public Policy

  • November 20, 2025

    10th Circ. Seems Wary Of Trans Students' Bathroom Law Suit

    The Tenth Circuit on Thursday appeared hesitant about reviving a challenge by three transgender students and their parents to an Oklahoma law requiring that school bathroom access be based on birth certificate sex markers, with the judges suggesting that several recent U.S. Supreme Court rulings undermine the students' case.

  • November 20, 2025

    Judge Casts Doubt On Gov't Case For Holding Abrego Garcia

    A Maryland federal judge cast serious doubt over whether the government has an active order of removal for Kilmar Ábrego García, suggesting Thursday that if there is no such order, she'll have no choice but to grant Ábrego García's habeas petition and order his release from immigration detention.

  • November 20, 2025

    Texas Sues Bristol-Myers For Alleged Drug Misrepresentations

    The Texas Office of the Attorney General sued pharmaceutical companies Bristol-Myers Squibb and Sanofi in Texas state court, claiming Thursday the companies failed to disclose that a lucrative blood thinner used to prevent heart attacks and strokes does not work as well on certain minority patients.

  • November 20, 2025

    Conn. Agency GC Tried To 'Mislead The Court,' Judge Says

    A Connecticut judge said Wednesday that he notified ethics officials after finding the general counsel of the state's utilities authority tried to mislead the court and opposing counsel over deleted text messages in a rate dispute with a pair of natural gas suppliers.

  • November 20, 2025

    DHS Accused Of 'Ruinous,' Unlawful Immigration Fines

    Two immigrants hit the Trump administration with a proposed class action alleging it has imposed "ruinous" civil penalties of up to $1.8 million against them and more than 21,000 other people in an unlawful attempt to pressure them to leave the U.S.

  • November 20, 2025

    Comey Says DOJ's Conduct 'Shocks The Conscience'

    James Comey on Thursday reiterated his request that the U.S. Department of Justice be forced to disclose all grand jury materials related to his indictment, noting the government has conceded that the grand jury never saw the operative indictment and saying the purported misconduct "shocks the conscience."

  • November 20, 2025

    11th Circ. Upholds Pregnancy Center Vandalism Conviction

    The Eleventh Circuit on Thursday upheld a 120-day prison sentence for a Florida woman convicted of vandalizing crisis pregnancy centers across the state, disagreeing that she cannot be prosecuted under a conspiracy statute for violating the Freedom of Access to Clinic Entrances Act.

  • November 20, 2025

    SEC's Uyeda Says ERISA Needs Litigation Reform To Curb Suits

    U.S. Securities and Exchange Commission member Mark Uyeda called for litigation reform Thursday aimed at stopping lawsuits filed under the Employee Retirement Income Security Act that he said discourage retirement plan fiduciaries from investing in the private markets.

  • November 20, 2025

    NLRB Seeks To Stop Calif. Agency From Acting When It Can't

    The National Labor Relations Board has asked a California federal judge to block a new state law allowing the state's labor board to perform NLRB functions when the federal agency lacks a quorum, saying the NLRB will be irreparably harmed if the law is allowed to take effect in 2026.

  • November 20, 2025

    Journalist Jailed For Contempt, Fined For Stealing Court Mug

    A Texas federal judge ordered U.S. marshals Thursday to haul a onetime conservative journalist to a nearby jail for contempt of court and separately fined him $1,000 for stealing a court coffee mug, saying he had had it with the defendant's "shenanigans."

  • November 20, 2025

    USPTO Decries Instacart's 'Road Mapping' Claim At Fed. Circ.

    The U.S. Patent and Trademark Office is urging the Federal Circuit to turn away Instacart's challenge to the agency's relatively new procedures for discretionarily denying Patent Trial and Appeal Board petitions, noting the court recently rejected three similar bids.

  • November 20, 2025

    Crypto Orgs. Call On White House To Spur Agency Guidance

    A coalition of more than 65 crypto-focused organizations penned a letter to President Donald Trump asking the White House to encourage federal agencies to stop prosecuting developers of decentralized software, exempt decentralized projects from certain rules and clarify tax treatment.

  • November 20, 2025

    Trump Admin Defends Ending Patent, Weather Unions' Rights

    The Trump administration has implored a D.C. federal judge to reject an effort by unions representing workers at the U.S. Patent and Trademark Office and the National Weather Service to halt an executive order ending their collective bargaining rights, emphasizing the action is within the president's authority.

  • November 20, 2025

    Trump's CFTC Pick Selig Advances To Senate Floor

    President Donald Trump's pick to lead the U.S. Commodity Futures Trading Commission will advance to the U.S. Senate floor after a Thursday agriculture committee vote on Michael Selig's nomination passed along party lines.

  • November 20, 2025

    Subletting Co. Settles NYC's Illegal STR 'Matchmaker' Claims

    A subletting company has agreed to resolve claims that it was used as a "'matchmaker'" of sorts for advertising and setting up illegal short-term rentals in New York City, the Mayor's Office of Special Enforcement announced.

  • November 20, 2025

    Tacoma ICE Detainees To Get Notice Of Bond Hearing Rights

    A Washington federal judge indicated at a hearing Thursday that a certified class of immigrants detained at an ICE facility deserves notice about their rights to a bond hearing and potential release, asking government lawyers and the plaintiffs' attorneys for proposals on what that notice should look like.

  • November 20, 2025

    Importers Left With Uncertainty After US-China Trade Truce

    U.S. importers have welcomed the latest trade truce with China and the ability to obtain key minerals without new licensing requirements for the next year, but continue to have questions about how commitments in the bilateral agreement will be met and concerns about risks of escalation.

  • November 20, 2025

    FERC Looks To Put LNG Project Work On A Faster Track

    The Federal Energy Regulatory Commission on Thursday said it will explore speeding up its permitting of liquefied natural gas projects by creating a blanket authorization process for certain project activities that wouldn't require individual approvals.

  • November 20, 2025

    Ala. County Must Face Inmate Death Claim, 11th Circ. Rules

    An Eleventh Circuit panel ruled Thursday that no Alabama state law prevents a county from facing liability for an incarcerated person's death after substandard healthcare from a third-party medical provider the county hired. 

  • November 20, 2025

    NY Medical Cannabis Cos. Say State Flubbed Enforcement

    The large, vertically integrated companies that make up New York's medical cannabis trade have accused New York's marijuana regulators in state court of failing to halt the flow of illicit pot products into the state's regulated marketplace.

  • November 20, 2025

    7th Circ. Halts Order Releasing Hundreds Of ICE Detainees

    The Seventh Circuit on Thursday paused two Chicago federal court rulings ordering the release on bond of hundreds of civil immigration detainees arrested during the Trump administration's surge of immigration enforcement operations in Illinois.

  • November 20, 2025

    1st Circ. Tosses Challenge To Maine Lobster Boat Tracking

    The First Circuit has declined to revive a case brought by several Maine lobstermen who said their privacy rights were violated by the state's tracking of their vessels, ruling that the tracking devices were part of administrative searches of a closely regulated industry and do not violate the Fourth Amendment.

  • November 20, 2025

    Blue Shield Of California, Magellan Sued Over 'Ghost Network'

    Blue Shield of California and Magellan Health maintain a "ghost network" directory of mental health providers who don't exist or don't accept new patients, leading customers to hit a dead end or desperately resort to expensive out-of-network providers, according to a proposed class action filed Wednesday in California federal court. 

  • November 20, 2025

    Conservative Group Tells Justices Pot Ban Is Unconstitutional

    Conservative advocacy group Americans for Prosperity Foundation is urging the U.S. Supreme Court to take up a petition in a case challenging the Controlled Substances Act's prohibition on state-legal cannabis, saying a 20-year-old precedent wrongly expanded Congress's power to regulate commerce.

  • November 20, 2025

    Trump DOJ Misrepresenting Due Process Order, Migrants Say

    The Trump administration is attempting to mislead the First Circuit into vacating a Massachusetts federal judge's injunction requiring due process for noncitizens facing removal to countries where they have no prior ties, counsel for the deportees argued in a brief on Wednesday.

Expert Analysis

  • Parsing Trump Admin's First 6 Months Of SEC Enforcement

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    The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.

  • HSR Compliance Remains A Priority From Biden To Trump

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    Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.

  • Cos. Face EU, US Regulatory Tension On Many Fronts

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    When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.

  • How EU Is Tweaking Enviro Laws After US Trade Deal

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    While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.

  • The Consequences Of OCC's Pivot On Disparate Impact

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    The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.

  • FDA Transparency Plans Raise Investor Disclosure Red Flags

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    The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.

  • Rising USCIS Denials May Signal Reverse On Signature Policy

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    Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • 2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits

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    A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.

  • How FDIC Appeals Plan Squares With Fed, OCC Processes

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    The Federal Deposit Insurance Corp.'s recent proposal to revise its appeals process merits a fresh comparison to the appeals systems of the Federal Reserve and Office of the Comptroller of the Currency, and would provide institutions with greater transparency and independence, say attorneys at Alston & Bird.

  • How GILTI Reform Affects M&A Golden Parachute Planning

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    Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.

  • SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'

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    The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.

  • Restored Charging Project Funds Revive Hope For EV Market

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    While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

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