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Public Policy
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October 08, 2025
Kalshi Fights Ohio Ban As Pa. Flags Sports Betting Loophole
The clash between state gaming regulators and federally regulated platforms offering sports wagers continued this week as Kalshi sued Ohio agencies over a directive to shut down its sports event contracts, while Pennsylvania's Gaming Control Board warned Congress that prediction markets broadly "create a backdoor to legalized sports betting."
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October 08, 2025
'I Don't Want To Be A Referee,' Google Search Judge Says
A D.C. federal judge faced the prospect Wednesday of years more involvement in the U.S. Justice Department's case against Google's search monopoly, saying during a hearing that he's trying to balance avoiding being a "referee" for his remedies decision while preventing "misuses" of data sharing and search syndication mandates.
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October 08, 2025
North Dakota To Issue Stablecoin Through State-Owned Bank
North Dakota on Wednesday announced plans to issue its own stable-value token through a partnership between fintech Fiserv Inc. and the state-owned Bank of North Dakota.
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October 08, 2025
Firm Owner Benefited From Ex-Official's Help, Jury Hears
A construction management firm owner who claimed she felt pressured to pay Kosta Diamantis and to hire the Connecticut budget official's daughter also accepted business advice and landed government contracts with Diamantis' assistance, helping the fledgling company she launched without much experience, the official's attorney argued Wednesday.
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October 08, 2025
Welder Asks Fla. High Court To Revive Whistleblower Claims
A welder mechanic asked the Florida Supreme Court on Wednesday to revive his whistleblower retaliation claims against his former employer, Gulf Power Co., arguing that state law requires only that he reasonably believed a violation of law or regulation occurred, not that he have to prove an actual violation.
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October 08, 2025
SoCal City Can't End Contract Dispute With Cannabis Co.
A Southern California municipality cannot escape a multi-year legal battle over a controversial exclusive cannabis transport deal it made with Rukli Inc., a Los Angeles County judge has ruled, saying if the current contract is "void," as the city argues, then the original is revived.
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October 08, 2025
Oil Terminal Sale May Tank Conn. Climate Suit, Judge Hints
A Connecticut federal judge appeared sympathetic Wednesday to Pike Fuels' argument that an environmental nonprofit is not suing the correct party over alleged permit violations at a bulk storage and fuel terminal in New Haven, since the defendant sold the facility at issue more than a year ago.
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October 08, 2025
Calif. Mandates Browser Ad Tracking Opt-Out In US First
California Gov. Gavin Newsom signed a bill Wednesday that requires browser developers to offer a digital tool enabling consumers to more easily opt out of online behavioral advertising throughout the web, making the Golden State the first in the nation to enact the regulations.
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October 08, 2025
PTAB's Petitions Data Shows Decrease In Multiple Challenges
The Patent Trial and Appeal Board has adjusted the way it calculates how many patents are subject to repeated scrutiny, a pet issue of agency leadership, releasing data Wednesday that says over half of challenges are "one of multiple petitions" filed against the same patent.
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October 08, 2025
Gov't Shutdown Essentially 'Freezes' IPO Market, Attys Say
While the U.S. Securities and Exchange Commission technically remains open during the ongoing government shutdown that has now exceeded one week, staffing shortages have made it increasingly difficult for companies to launch initial public offerings, leaving them with few options.
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October 08, 2025
5th Circ. Says Some NOLA Rental Rules Are Unconstitutional
A Fifth Circuit panel partially revived a proposed class action filed by homeowners and two companies challenging New Orleans' short-term rentals regulations, ruling in a published opinion that some of the regulations are unconstitutional.
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October 08, 2025
Judge Rejects Feds' Bid To Reassign USPTO Union Cases
A D.C. federal judge has rejected the Trump administration's claim that suits by unions representing employees of the U.S. Patent and Trademark Office challenging an executive order ending their collective bargaining rights are not related to similar cases before him.
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October 08, 2025
Group Claims Mich. 24% Pot Tax Enacted Unlawfully
Michigan's impending wholesale marijuana tax was approved by lawmakers unlawfully, an industry group alleged, saying the legislation signed by Gov. Gretchen Whitmer authorizing the tax did not have the votes of three-fourths of the majorities required in each legislative chamber.
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October 08, 2025
AFL-CIO Opposes Draft Senate Crypto Bill
A major labor organization, the AFL-CIO, has come out against a Republican draft bill on crypto market structure, saying the draft lacks "meaningful safeguards."
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October 08, 2025
Federal Court Tosses Challenge To DC Cannabinoid Rule
A lawsuit seeking to upend Washington, D.C.'s statutes that placed hemp products containing delta-9 THC into same category as marijuana was dismissed on Wednesday when a federal judge ruled that a hemp retailer, who filed the suit after its shop was shut down, totally misunderstood the "2018 Farm Bill and its impact on D.C. law."
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October 08, 2025
11th Circ. Urged To Keep Ga.'s E-Commerce Regs On Ice
Internet trade group NetChoice urged the Eleventh Circuit Wednesday to leave in place an injunction that for more than a year has kept Georgia from enforcing new requirements on e-commerce platforms, arguing the state's law tries to push past a regulatory "ceiling" already imposed by federal law.
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October 08, 2025
FCC Wants Caller ID Expanded In Anti-Robocall Regs
The Federal Communications Commission will consider expanding the data that consumers receive on caller ID displays as part of a wider effort to stamp out scam robocalls from overseas.
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October 08, 2025
Trump Admin Cites Shutdown In Bid For CFPB Case Delay
Amid growing calls for the full D.C. Circuit to revisit a recent panel ruling that would allow mass layoffs at the Consumer Financial Protection Bureau, the Trump administration is asking for a pause in the case until after the government shutdown is over.
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October 08, 2025
Power Cos. Want In On Challenge To W.Va. Regional Haze Plan
American Electric Power Co. Inc. and FirstEnergy Corp. subsidiaries are asking the Fourth Circuit to uphold a federally approved air quality plan for West Virginia that spared their facilities from some potentially expensive upgrades.
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October 08, 2025
Justices Probe Standing In Suit Over Ill. Ballot Counting
The U.S. Supreme Court on Wednesday appeared open to reviving an Illinois congressman's suit challenging the state's policy of counting certain ballots after Election Day, with several justices pressing counsel for the state to address whether its position would require courts to analyze a candidate's potential success in an election to determine their standing to sue.
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October 08, 2025
Black Atty Hits Ga. Public Defender Council With Bias Suit
The Georgia Public Defender Council and chief public defender in the Atlanta Judicial Circuit were sued by a former assistant public defender who claimed he was fired and faced an "unwarranted" bar complaint after expressing concerns about a demotion that would deprive his unit of its "sole Black male attorney."
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October 08, 2025
NJ US Atty Appointment Was 'Shell Game,' 3rd Circ. Told
Two New Jersey criminal defendants this week blasted the Trump administration's attempt to name Alina Habba as U.S. attorney for the state after her interim term ended, telling the Third Circuit that the government's plan was a "shell game."
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October 08, 2025
Trump Admin Challenges Denial Of Trans Care Subpoena
The Trump administration told a Massachusetts federal judge that he got it wrong in quashing a subpoena for records of gender-affirming care at Boston Children's Hospital last month, urging the court to reconsider.
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October 08, 2025
Democracy Forward Hires Ex-White House Lawyer, CFPB Atty
Democracy Forward, the quickly growing progressive nonprofit that has taken on more than 85 actions against the Trump administration, has hired four more attorneys to its expanding team of lawyers, including a former member of Joe Biden's White House Counsel's Office and a litigator from the Consumer Financial Protection Bureau.
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October 08, 2025
WilmerHale Appoints Ex-DOJ Division Head As Dept. Leader
WilmerHale announced on Wednesday that the former leader of the U.S. Department of Justice's Civil Division will lead its regulatory and government affairs department at the start of 2026 after rejoining the firm earlier this year.
Expert Analysis
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Trump Tax Law's Most Consequential International Changes
The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How 6th Circ. Ruling Deepens Split On Broker Liability
A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.
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How The Genius Act May Aid In Fight Against 'Pig Butchering'
The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Opinion
Congressional Bid Protest Concerns Lack Evidence
The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.