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Public Policy
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February 06, 2025
DOJ To Weigh Criminal Action Against Cos. With DEI Policies
The U.S. Department of Justice will consider bringing criminal and civil investigations against companies over their diversity, equity and inclusion policies, according to a new memorandum from Attorney General Pam Bondi.
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February 06, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from interest groups and companies around two dozen times in January, on issues ranging from consumer consent to receive telemarketing calls to UScellular's contested $4.4 billion plan to sell its wireless operations to T-Mobile.
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February 06, 2025
Judge OKs 'Unorthodox' Deal To Fund Pa. Hospitals In Ch. 11
Bankrupt hospital operator Prospect Medical has agreed to put its four Philadelphia-area hospitals under receivership for the next 30 days while it hammers out a sale as part of a funding arrangement that a Texas bankruptcy judge on Thursday called "unorthodox."
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February 06, 2025
Stay On Right Side Of Payola Rules, FCC Warns Stations
The Federal Communications Commission is warning radio broadcasters not to accept freebies from music artists in exchange for boosted airtime.
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February 06, 2025
Sam Altman Calls Musk's Claim Of Ban On Rivals 'False'
OpenAI CEO Sam Altman said the key claim made in a preliminary injunction request from Elon Musk in their ongoing investment spat is false, saying in a new declaration that he never told OpenAI investors that they wouldn't be able to invest in the company if they also invested in Musk's xAI.
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February 06, 2025
No Imminent Plans To Publish Jan. 6 FBI Agents List, DOJ Says
FBI agents were unable to strike a deal Thursday that would block the federal government from releasing a list of FBI employees who investigated the Jan. 6, 2021, insurrection at the U.S. Capitol, but the U.S. Department of Justice told a judge it does not immediately intend to make that information public.
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February 06, 2025
FCC Says No To Ohio Group's Bid For Low Power FM Station
An Ohio church has come out on top in its battle to be awarded the rights to launch a low power FM station in its neck of the woods after the group it was up against was accused of knowingly listing a manager's dead grandmother on a license renewal application.
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February 06, 2025
Colo. Panel Upholds State Attys' Immunity In Defamation Row
A Colorado appeals panel on Thursday upheld the dismissal of a state economist's defamation claims against two government lawyers, finding that nothing in the state's government immunity statute carves out an exception for lawyers and that professional misconduct does not automatically cancel lawyers' immunity.
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February 06, 2025
Dems Attack Bondi Memos Ahead Of Patel's Confirmation Vote
While expressing their opposition to Kash Patel becoming FBI director, Democrats also took shots at newly confirmed Attorney General Pam Bondi, warning at a hearing on Thursday they fear the U.S. Department of Justice as a whole is becoming politicized.
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February 06, 2025
FTC GOP Focusing On Merger 'Friction,' AI, 'Censorship'
Federal Trade Commission Republicans are beginning to signal their Trump-era policies, including a friendlier approach to mergers with fewer challenges based on "weak or factually unsupported theories," a more hands-off take on artificial intelligence, and a heavy emphasis on combating alleged online censorship of conservatives.
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February 06, 2025
FERC Tells DC Circ. Revised Grid Hookup Policy Is Sound
The Federal Energy Regulatory Commission defended the penalty framework in its revised policy on hooking up new power projects to the grid, telling the D.C. Circuit it reasonably balanced competing interests and imposed a variety of safeguards.
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February 06, 2025
Detroit Public School District Can't Get Quick Tax Ruling
A Michigan judge has refused to issue an order guaranteeing in the short term that Detroit Public Schools can keep collecting a property tax to pay down debt, finding on Wednesday the debt-burdened school district is not facing imminent harm.
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February 06, 2025
Texas' Google Ad Tech Trial Delayed From March To August
A Texas federal judge has pushed back the trial date for a group of Texas-led states' antitrust suit against Google over its digital advertising business, moving the scheduled start from March to August.
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February 06, 2025
Democrats Press Trump's USTR Pick On Tariff Approach
Senate Finance Committee Democrats pressed President Donald Trump's pick for U.S. Trade Representative on Thursday over Trump's universal tariff proposal and the 25% across-the-board tariffs on Canadian and Mexican imports, suspended for one month, arguing that constituents are facing consequences.
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February 06, 2025
CFPB's Frotman To Depart As General Counsel
The Consumer Financial Protection Bureau's top lawyer is resigning, Law360 has learned, marking the latest high-level exit from the agency following President Donald Trump's firing of its former director Rohit Chopra.
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February 06, 2025
US To Appeal Block On Corporate Transparency Act
The federal government plans to challenge an order preventing it from enforcing the Corporate Transparency Act's reporting requirements for businesses, following the U.S. Supreme Court's pause of another nationwide block on the law in a separate case, according to a notice filed in a Texas federal court.
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February 06, 2025
Pot Co. Jushi Can't End Rival Shop's Antitrust Claims
Cannabis distributor Jushi Holdings could plausibly be shown to have taken advantage of a Massachusetts town's retail marijuana permitting process and conspired with the sellers of a shop it purchased in 2021 to block a competitor from opening nearby, a Massachusetts federal judge ruled.
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February 06, 2025
EU Can't Let US Global Tax Rebuff Harm Its Cos., Official Says
The European Union cannot allow the legal uncertainty surrounding President Donald Trump's rejection of a global tax deal to harm its companies, a European Commission official said Thursday, adding that the U.S. and EU will discuss the matter in April.
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February 06, 2025
No Bail For Ex-Federal Reserve Adviser In Espionage Case
A former senior adviser to the Federal Reserve Board of Governors was ordered to be detained by a D.C. federal judge Wednesday at the request of prosecutors who warned that his significant ties to China put him at high risk of fleeing his charges of stealing classified information for that nation.
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February 06, 2025
Judges Balk At CFPB's Stay Bids In Capital One, SoLo Suits
Two federal judges have turned down requests from the Consumer Financial Protection Bureau to suspend activity in ongoing enforcement lawsuits amid its acting director's litigation freeze, including in the agency's case against Capital One NA.
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February 06, 2025
NY Court Puts A Limit On Child Welfare Agency Surveillance
A New York appellate court ruled that child welfare agencies lack the authority to surveil a parent just because their child's other parent was charged with abuse or neglect, banning a statewide practice that lasted for decades, an attorney told Law360 on Thursday.
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February 06, 2025
House Committee Weighs Wildfire Strain On Calif. Insurers
A U.S. House of Representatives subcommittee met Thursday to discuss the recent California wildfires and how regulatory policy may aid future prevention of natural disasters, as experts emphasized that the fires only further exposed the state's ongoing insurance crisis.
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February 06, 2025
Musk's Access To Records Blocked In DOGE, Treasury Suit
A Washington, D.C., federal judge on Thursday approved a consent order blocking Elon Musk and additional Department of Government Efficiency employees from accessing the federal government's payment systems, although a "special government employee" will have limited access as the Treasury Department and suing plaintiffs spar over a preliminary injunction.
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February 06, 2025
On Heels Of Bondi Memo, DOJ Launches 1st Sanctuary Suit
The U.S. Department of Justice wasted no time lodging a suit on Thursday over local sanctuary policies, suing in Illinois federal court the day after Attorney General Pam Bondi was sworn in and hours after she halted department funding for sanctuary jurisdictions
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February 06, 2025
Leave Power Limits Alone In CBRS Airwaves, FCC Told
The Federal Communications Commission is looking at overhauling the Citizens Broadband Radio Service, but a coalition of band users have come together to urge the agency to reject proposals to allow high power use in the midband spectrum.
Expert Analysis
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The Most Important Schedule I Drug Regulatory Shifts Of 2024
In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.
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California's New Homeowner Law Could Hamper Foreclosures
While A.B. 2424, which took effect this month in California, gives homeowners in default additional protections, it also provides loopholes that can be used to delay foreclosure auctions, and the cost of these delays will likely be passed on to the borrower, says Stephen Britt at Severson & Werson.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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How Fintechs Can Respond To New CFPB Supervisory Rule
Even though a new Consumer Financial Protection Bureau rule pulling large payment apps into supervision faces an uncertain fate in the new administration, providers should still examine the rule's definitions and prepare for increased compliance costs and more consumer-friendly practices, say attorneys at DLA Piper.
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Ruling Shows High Court Willing To Limit Immigration Review
The U.S. Supreme Court's recent decision in Bouarfa v. Mayorkas is the latest demonstration of the court’s readiness to limit judicial review in the immigration space, a notable break from other recent decisions that expanded judicial review of agency decisions in other areas, says Mark Fleming at WilmerHale.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Despite Political Divide, FEC Found Common Ground In '24
The Federal Election Commission, although evenly split between Republicans and Democrats, reached consensus in consequential advisory opinions, enforcement actions and regulations last year, offering welcome clarity on some key questions facing campaigns, PACs and parties, say attorneys at Covington.
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How FTC Sent A $5.6M Warning Against Jumping The Gun
The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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Managing Litigation Side-Switching During 2nd Trump Admin
Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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3 Noteworthy Effects Of The 2025 NDAA
The 2025 defense budget includes further restrictions on semiconductor sales to Huawei, requiring companies to rethink customer-base oversight, but other provisions are likely to broaden procurement contract opportunities, say attorneys at Miles & Stockbridge.
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The Blueprint For A National Bitcoin Reserve
The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.
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Student Loan Entities In Hot Seat After CFPB Goes To College
While the direction of student loan servicer oversight in the new presidential administration is unclear, recent Consumer Financial Protection Bureau actions still signal heightened regulatory scrutiny at both the federal and state levels of college institutional loan programs, along with their service providers, says attorney Jonathan Joshua.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.