Public Policy

  • November 05, 2025

    Ill. Judge Weighs Injunction On Federal Agents' Use Of Force

    An Illinois federal judge Wednesday appeared amenable to ordering longer-term restrictions on force immigration agents can use on press and peaceful demonstrators in the Chicago area, disagreeing with a Justice Department attorney's argument that witnesses who experienced force continued to protest and report, saying their testimony suggested a "chilling effect."

  • November 05, 2025

    Ill. Judge Grants Detainees A TRO Over ICE Facility Conditions

    An Illinois federal judge handling allegations of "inhumane" conditions at an immigration holding facility in Broadview temporarily restrained the government Wednesday from allowing such conditions to continue, but said he left room in the order for realistic compliance expectations and due deference to the officials running the facility.  

  • November 05, 2025

    Lumbee Act Faces Senate Scrutiny Amid Tribal Identity Debate

    Generations of ancestors and lawmaker allies have come and gone as the Lumbee Tribe has sought federal recognition, its chairman told the U.S. Senate Indian Affairs Committee on Wednesday, arguing that legislation for the status has been introduced 13 times and its passage is long overdue.

  • November 05, 2025

    Institutional Investors Rip SEC's 'Radical' Forced Arb. Policy

    A coalition of more than 60 major institutional investors and pension systems slammed the U.S. Securities and Exchange Commission's recent "radical" policy reversal allowing some newly public companies to adopt mandatory arbitration clauses, arguing the move harms both investors and companies, which will face "numerous, time-consuming and costly individual arbitrations."

  • November 05, 2025

    Okla. Seeks Toss Of Medical Marijuana Operators' Suit

    No one has a right to sell marijuana, Oklahoma argued when asking a federal court to quash a lawsuit by a group of medical marijuana companies accusing the state of violating the Constitution's dormant commerce clause by implementing residency requirements to obtain a license.

  • November 05, 2025

    Daytona Beach Asks 11th Circ. To Revive Panhandling Law

    The city of Daytona Beach, Florida, asked the Eleventh Circuit Wednesday to reverse an order declaring unconstitutional a city ordinance criminalizing panhandling in certain parts of the city, arguing the ordinance is not a content-based restriction on speech.

  • November 05, 2025

    Kalshi, Robinhood Say Tribes' Gaming Law Case Lacks Merit

    Kalshi and Robinhood have told a California federal judge that Native American tribes in the state can't bring claims that the trading platforms ran a criminal racket and flouted laws protecting tribal gaming by offering their sports event contracts, since the wagers are ultimately overseen by federal commodity laws.

  • November 05, 2025

    UPS Crash Probe Begins, FAA Plans For 10% Cut In Air Traffic

    A UPS cargo plane that crashed in Louisville, Kentucky, appeared to have an engine on fire that detached from the aircraft during takeoff, the National Transportation Safety Board said Wednesday as investigators began collecting and examining evidence from a fiery crash that left 11 people dead.

  • November 05, 2025

    Dems Nab PSC Spots As Georgians React To High Utility Bills

    Georgia Democrats rolled to victory Tuesday over two Republican members of the state's utility oversight board, breaking the GOP's monopoly on the Public Service Commission and opening the door for shakeups in Peach State energy policy, experts say.

  • November 05, 2025

    Judge Demands Facts In Pa. Medicaid-Paid Abortion Ban Case

    A Pennsylvania Commonwealth Court judge on Wednesday repeatedly asked healthcare providers at oral arguments to show her facts on why a statewide ban on Medicaid-funded abortions was unconstitutional, often remarking that the case was short on evidence to support making changes to the coverage exclusion.

  • November 05, 2025

    AGs Defend Bid To Intervene In DOJ's HPE Merger Deal

    More than a dozen Democratic attorneys general have assailed the Justice Department and Hewlett Packard Enterprise for fighting their bid to peek behind the controversial settlement clearing HPE's $14 billion purchase of Juniper Networks, telling a California federal judge that Congress created court oversight for deals just like this.  

  • November 05, 2025

    Alaska Plumber Fights Feds' Contractor Labor Rule

    Former President Joe Biden's administration didn't have the authority to issue a rule requiring contractors on large federal contracts to agree to union deals, an Alaska plumbing and heating subcontractor argued Wednesday as it asked a federal court to vacate the rule. 

  • November 05, 2025

    Mamdani Taps Ex-FTC Chief Lina Khan For NYC Transition

    New York City Mayor-elect Zohran Mamdani on Wednesday named an all-woman transition team, including former Federal Trade Commission Chair Lina Khan, who attracted the ire of tech giants and corporations by spearheading the Biden administration's aggressive antitrust enforcement.

  • November 05, 2025

    Cypriot Firm Challenges OFAC Sanctions In DC Court

    A Cypriot tech investment company is suing the U.S. Department of the Treasury's Office of Foreign Assets Control, claiming it should be removed from a list of entities under U.S. sanctions brought following the invasion of Ukraine.

  • November 05, 2025

    Calif. GOP Sues To Block Voter-Approved Prop. 50 Districts

    A group of Golden State Republicans sued Gov. Gavin Newsom and the state secretary in California federal court Wednesday, challenging the new redistricting maps that California voters approved Tuesday in passing Proposition 50, which could potentially flip five House seats for Democrats in next year's midterm election.

  • November 05, 2025

    11th Circ. Says Not Feds' Fault If $345M Crypto Key Was Lost

    The Eleventh Circuit has ruled that a man convicted of identity theft cannot sue the government for $345 million he claims he lost because federal investigators wiped a hard drive containing access codes to several thousand bitcoins, noting the man didn't tell investigators about the cryptocurrency.

  • November 05, 2025

    Investigator Immunity Limited In Death Row Exoneree Suit

    An exonerated Florida death row inmate who accused a fingerprint examiner and investigators of causing his wrongful double-murder convictions can continue his case against them, the Eleventh Circuit has ruled, affirming qualified immunity does not shield them from certain allegations.

  • November 05, 2025

    Fla. County Employee Fights Prisoner's Injury Suit At 11th Circ.

    A St. Lucie County, Florida, employee told the Eleventh Circuit Wednesday that a lower court should have granted him a win in a prisoner's suit over an injury he caused on a work site, arguing that the facts show there was no Eighth Amendment violation, and he has qualified immunity.

  • November 05, 2025

    NTIA Rule Creates 'Impossible Choice,' Group Says

    The Trump administration's plan to make BEAD recipients promise they will not need federal operational subsidies if they take money from the massive broadband infrastructure program is a bad one, says a broadband advocacy group.

  • November 05, 2025

    Docs Show IRS Improperly Shared Data With ICE, Groups Say

    Documents submitted by the U.S. government to a D.C. federal court show the IRS violated taxpayer privacy laws by sharing individuals' addresses with ICE despite its requests lacking required information and by accepting an unreasonable explanation about why the information was requested, several groups said.

  • November 05, 2025

    FTC Wants 'Tainted' Drs. Testimony Barred From Merger Case

    The Federal Trade Commission wants a D.C. federal judge to bar a pair of outside doctors and consultants from vouching for Edwards Lifesciences' planned JenaValve acquisition, arguing in a filing made public Tuesday that claims of minimal communication between the physicians' counsel and the companies were "at best, misleading."

  • November 05, 2025

    Trump Taps Former GOP Congressman To Lead BLM

    President Donald Trump on Wednesday nominated former New Mexico Republican congressman Steve Pearce to lead the Bureau of Land Management, the U.S. Department of the Interior office that oversees energy development on federal lands.

  • November 05, 2025

    San Antonio Voters Approve Funding For New Spurs Arena

    Texas voters have approved a tax that will provide up to $311 million for a planned $1.3 billion arena for the NBA's San Antonio Spurs, paving the way for a partial downtown redevelopment.

  • November 05, 2025

    Del. Justices Hear Early Challenge To Corp. Law Amendments

    Delaware's corporate litigation elites squared off before the state's Supreme Court on Wednesday over arguments that state lawmakers either righted — or subverted — the Court of Chancery's equity powers in amending the state's General Corporation Law earlier this year.

  • November 05, 2025

    Texas Justices Mull Pro Se Atty's Contact With Opposite Party

    Texas' justices appeared skeptical that a lawyer deserved to get suspended for five years after he contacted members of the Commission for Lawyer Discipline, asking Wednesday whether the rule barring attorneys from directly contacting a party represented by counsel applies to lawyers representing themselves.

Expert Analysis

  • A Look At Project Crypto's Plans For Digital Asset Regulation

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    U.S. Securities and Exchange Commission Chairman Paul Atkins' recent announcement of Project Crypto, an agencywide initiative to modernize federal securities regulations, signals a significant shift toward a more flexible regulatory framework that would shape the future of the U.S. digital asset market, say attorneys at WilmerHale.

  • Breaking Down The Intersection Of Right-Of-Publicity Law, AI

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    Jillian Taylor at Blank Rome examines how existing right-of-publicity law governs artificial intelligence-generated voice-overs, deepfakes and deadbots; highlights a recent New York federal court ruling involving AI-generated voice clones; and offers practical guardrails for using AI without violating the right of publicity.

  • Civil Maritime Nuclear Sector Poised For Growth, Challenges

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    The maritime industry now stands on the verge of a nuclear-powered renaissance, with the need for clean energy, resilient power generation and decarbonized logistics driving demand for commercial maritime nuclear technology — but these developments will raise significant new legal, regulatory and technical questions, say attorneys at Holland & Knight.

  • Series

    Painting Makes Me A Better Lawyer

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    Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.

  • H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues

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    The Trump administration’s recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act’s rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.

  • NY AML Rules Get Crypto Rebrand: What It Means For Banks

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    A recent letter from the New York State Department of Financial Services outlining how banks can use blockchain analytics in anti-money laundering efforts is a reminder that crypto activity is not exempted from banks' role in keeping the financial system safe, says Katherine Lemire at Lankler Siffert.

  • What's At Stake At High Court For Presidential Removal Power

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    Two pending U.S. Supreme Court cases —Trump v. Slaughter and Trump v. Cook — raise fundamental questions about the constitutional separation of powers, threaten the 90-year-old precedent of Humphrey's Executor v. U.S. and will determine the president's authority to control independent federal agencies, says Kolya Glick at Arnold & Porter.

  • Using The GHG Protocol For California Climate Reporting

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    With the California Air Resources Board's recent announcement that entities subject to the state's climate disclosure laws can use the Greenhouse Gas Protocol as a standard for structured, auditable reporting, a review of methods, data sources and disclosures under the protocol is timely for compliance planning, says Thierry Montoya at Frost Brown.

  • Employer Considerations As Ill. Ends Mandatory Fact-Finding

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    Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.

  • Courts Are Still Grappling With McDonnell, 9 Years Later

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    The Seventh and D.C. Circuits’ recent decisions in U.S. v. Weiss and U.S. v. Paitsel, respectively, demonstrate that courts are still struggling to apply the U.S. Supreme Court’s 2016 ruling in McDonnell v. U.S., which narrowed the scope of “official acts” in federal bribery cases, say attorneys at Quinn Emanuel.

  • Compliance Pointers Amid Domestic Terrorism Clampdown

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    A recent presidential memorandum marks a shift in federal domestic-terrorism enforcement that should prompt nonprofits to enhance diligence related to grantees, vendors and events, and financial institutions to shore up their internal resources for increased suspicious-activity monitoring and reporting obligations, say attorneys at Morgan Lewis.

  • Trump Tax Law Has Mixed Impacts On Commercial Real Estate

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    The One Big Beautiful Bill Act brings sweeping changes to the real estate industry — and while the permanency of opportunity zones and bonus depreciation creates predictability for some taxpayers, sunsetting incentives for renewable energy projects will leave others with hard choices, says Jordan Metzger at Cole Schotz.

  • CFTC, SEC Joint Statement Highlights New Unity On Crypto

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    The U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission's recent joint statement announcing a cross-agency initiative enabling certain spot crypto-asset products to trade on regulated exchanges is the earliest and most visible instance of interagency cooperation on crypto regulation, say attorneys at Morgan Lewis.

  • Regulatory Uncertainties Loom As Fed Ends Crypto Oversight

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    The Federal Reserve Bank's recently ended crypto supervisory program headlines other recent federal actions from Congress, the White House and relevant agencies that may complicate financial institutions' digital-asset use and attendant compliance strategies, say attorneys at Buchalter.

  • What The New Nondomiciled-Trucker Rule Means For Carriers

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    A new Federal Motor Carrier Safety Administration interim final rule restricting states' issuance of commercial drivers licenses to nondomiciled drivers does not alter motor carriers' obligations to verify drivers' qualifications, but may create disruptions by reducing the number of eligible drivers, say attorneys at Benesch.

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