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Public Policy
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July 01, 2025
US Attorney Picks Include Alina Habba And Senator's Son
The president sent 14 U.S. attorney nominations to the Senate on Tuesday, including Alina Habba, the president's former counselor and personal attorney, for the District of New Jersey and Arch Moore Capito, the son of Sen. Shelley Moore Capito, R-W. Va., for the Southern District of West Virginia.
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July 01, 2025
'ComEd Four' Lobbyist Deserves 4 Years In Prison, Feds Say
Federal prosecutors argued on Monday that a lobbyist convicted alongside Commonwealth Edison CEO Anne Pramaggiore and two others for bribing former Illinois House Speaker Mike Madigan should serve more than four years behind bars for falsifying books and records to hide the funneling of payments to Madigan's allies for do-nothing jobs.
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July 01, 2025
Pa. Leaders Split At 3rd Circ. Over Tossing Undated Votes
A Third Circuit panel's uncertainty over Pennsylvania's rejection of undated mail-in ballots intensified Tuesday during an oral argument as top Keystone State officials took opposing sides about the constitutionality of the date requirement.
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July 01, 2025
Top Personal Injury, Med Mal News: 2025 Midyear Report
A U.S. Supreme Court ruling over whether personal injury claims can be brought under a RICO statute and a $7.4 billion settlement reached with the Sackler family and Purdue Pharma are among Law360's top personal injury and medical malpractice cases from the first six months of 2025.
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July 01, 2025
NY AG Urges Lawmakers To Strengthen Stablecoin Legislation
New York's Attorney General Letitia James is calling on U.S. lawmakers to strengthen pending bills to regulate so-called stablecoins in a letter made public Tuesday that argued neither the House nor the Senate's proposals contain the necessary guardrails to protect consumers.
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July 01, 2025
House Report Says Ad Group Colluded With Foreign Gov'ts
The World Federation of Advertisers' digital safety initiative targeted conservative voices with a digital advertising pressure campaign meant to "undermine American civil liberties" and "limit" consumer choice up until the project's discontinuation last year, according to a new report from the Republican-controlled House Judiciary Committee.
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July 01, 2025
Proxy Firms Don't 'Solicit' Investor Votes, DC Circ. Rules
A D.C. Circuit panel Tuesday ruled that proxy advisory firms do not "solicit" proxy votes, thus denying a manufacturing industry group's attempt to revive a U.S. Securities and Exchange Commission rule regulating those firms.
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July 01, 2025
US Trade Blueprint Should Delay Tariffs, South Africa Says
The South African government said Tuesday it requested that the U.S. extend a July 9 deadline for trade talks before higher tariff rates kick in for it and other major trading partners, in anticipation of a new U.S. blueprint to guide prospective trade deals in the region.
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July 01, 2025
Groups Urge Fed. Circ. To Stop USPTO Retroactive Denials
Advocacy groups in the communications, automotive and technology fields have thrown their support behind Motorola's challenge of the U.S. Patent and Trademark Office's decision to retroactively apply a decision withdrawing earlier guidance on when the Patent Trial and Appeal Board should not review patent challenges.
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July 01, 2025
RI Judge Orders Halt To HHS Layoffs, Reorganization
A Rhode Island federal judge on Tuesday blocked the Trump administration from carrying out mass layoffs at the U.S. Department of Health and Human Services, finding the reorganization usurped congressional spending authority and likely violated the Administrative Procedure Act.
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July 01, 2025
DOL Rule Would Reverse Obama-Era Domestic Worker Regs
The U.S. Department of Labor is looking to roll back Obama-era regulations that redefined domestic service workers and required they be paid minimum and overtime wages, saying returning to regulations from 1975 could help expand access to care services.
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July 01, 2025
Senate Passes Budget Bill, Rebuking National Injunctions
The Senate voted 51-50 on Tuesday to pass the budget reconciliation bill, including various provisions that seek to greatly restrict the use of nationwide injunctions, which Republicans heavily criticized after district courts repeatedly stalled parts of President Donald Trump's agenda with the legal maneuver.
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July 01, 2025
ND, Tribes Spar Over High Court Order In 8th Circ. Voting Row
Two Indigenous tribes and North Dakota's secretary of state are feuding in the Eighth Circuit about how much weight a recent U.S. Supreme Court ruling that found a Planned Parenthood patient doesn't have a private right to sue South Carolina carries over a bid to rehear a voting rights dispute.
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June 30, 2025
Newsom Signs CEQA Reform, Aiming To Ease Housing Crisis
California Gov. Gavin Newsom on Monday evening signed into law two bills overhauling the state's landmark environmental law to knock down hurdles to new development in an effort to address the state's ongoing housing shortage.
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June 30, 2025
Trump Tariff Challenge Belongs In Trade Court, Groups Argue
The America First Legal Foundation and Coalition for a Prosperous America on Monday backed the federal government in an appeal brought by toy makers challenging President Donald Trump's emergency tariffs, arguing that the lower court should've never issued an injunction because the dispute belongs in the U.S. Court of International Trade.
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June 30, 2025
Trump And Paramount In 'Advanced' Talks To Settle $20B Suit
President Donald Trump and CBS News' parent Paramount Global asked a Texas federal court on Monday to pause Trump's $20 billion lawsuit accusing the news company of deceptively doctoring a "60 Minutes" interview with former Vice President Kamala Harris, saying the parties are engaged in "advanced" settlement talks.
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June 30, 2025
DOJ Seeks Permanent Block On LA's Sanctuary City Policies
The Trump administration filed suit Monday in California federal court seeking to permanently block the city of Los Angeles from enforcing policies it alleges unconstitutionally obstruct federal immigration enforcement, citing pushback during recent U.S. Immigration and Customs Enforcement arrest operations.
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June 30, 2025
Tillis, Senate IP Leader, Announces Retirement
The U.S. Senate's leader on intellectual property issues, Sen. Thom Tillis, R-N.C., has announced his retirement shortly after coming out against the Republicans' spending bill, with blowback from President Donald Trump.
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June 30, 2025
Detainees Say Alien Enemies Act Meant For 'Large Scale' War
A group of Venezuelans facing deportation over accusations of gang affiliation told the Fifth Circuit on Monday that the nation's founders didn't intend for a rarely invoked 1798 law to be used for anything other than "large-scale" war.
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June 30, 2025
Conn. Expects Corporate Tax Changes To Raise Almost $350M
Connecticut will make changes to corporate taxes that are projected to raise nearly $350 million over two years — largely from repealing the state's $2.5 million cap on tax increases for some combined unitary taxpayers — under the 2026-27 budget signed Monday by the governor.
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June 30, 2025
DOL Plans To Nix H-2A Farmworker Organizing Protections
The Trump administration is planning to roll back a Biden-era rule that protected seasonal farmworkers on H-2A visas from facing retaliation for workplace organizing, with the U.S. Department of Labor announcing its intent to rescind the contentious 2024 rule Monday.
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June 30, 2025
FCC To Screen Regulatory Offenses For Criminal Liability
The Federal Communications Commission has outlined criteria to decide when regulatory offenses should lead to criminal liability, responding to a White House executive order issued to federal agencies in May.
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June 30, 2025
Texas Panel Says Suit Challenging Abortion Travel Is Unripe
A split Texas appeals court panel found Monday that several anti-abortion groups lack standing to sue the city of San Antonio for allegedly earmarking money to pay for out-of-state abortion travel, saying the money had not gone out yet and the groups' claims were not ripe.
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June 30, 2025
Judge Urges DOJ, Assa Abloy To Reach Deal On Extension
A D.C. federal court urged the U.S. Department of Justice and Assa Abloy on Monday to reach an agreement over a request from Fortune Brands Home & Security to extend a supply agreement that was part of a 2023 merger settlement.
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June 30, 2025
Vaping Interests Can't Pause New NC E-Cigarette Law
North Carolina officials can proceed with enforcing a law that could prevent the sale of many types of e-cigarettes, a federal judge ruled, rejecting industry arguments that the law runs afoul of the U.S. Constitution's supremacy clause by having state officials enforce federal tobacco law.
Expert Analysis
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FAR Rewrite May Cloud Key Gov't Contract Doctrine
The Trump administration's government procurement overhaul, under which sections of the Federal Acquisition Regulation are eliminated by default, is bound to collide with a doctrine that allows courts to read omitted clauses into government contracts if they represent long-standing pillars of federal procurement law, say attorneys at Rogers Joseph.
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SEC Staff Input Eases Path For Broker-Dealer Crypto Activities
Recent guidance from U.S. Securities and Exchange Commission staff on broker-dealer and transfer agent crypto-asset activities suggests a more constructive regulatory posture on permissibility and application of financial responsibility rules, bringing welcome clarity for blockchain market participants and traditional financial institutions alike, say attorneys at Sidley.
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Compliance Essentials To Mitigate AI Crime Enforcement Risk
As artificial intelligence systems move closer to accurately mimicking human decision-making, companies must understand how the U.S. Department of Justice might prosecute them for crimes committed by AI tools — and how to mitigate enforcement risks, say attorneys at Paul Hastings.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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Employer-Friendly Fla. Law Ushers In New Noncompete Era
Florida's CHOICE Act is set to take effect July 1, and employers are welcoming it with open arms as it would create one of the most favorable environments in the country for the enforcement of noncompete and garden leave agreements, but businesses should also consider the nonlegal implications, say attorneys at BakerHostetler.
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Most-Favored Nation Drug Pricing Could Shake Up US Pharma
Recent moves from the executive and legislative branches represent a serious attempt to revive and refine the first Trump administration's most-favored-nations model for drug pricing, though implementation could bring unintended consequences for pharmaceutical manufacturers and will likely draw significant legal opposition, say attorneys at Morgan Lewis.
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Opinion
Aviation Watch: A Supersonic 'Boom' Going Nowhere Fast
Legislation recently introduced in Congress to repeal the Federal Aviation Administration's ban on supersonic flight over U.S. territory appears to benefit a single company with an uncertain business plan, and is not truly in the public interest, says Alan Hoffman, a retired attorney and aviation expert.
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How The DOJ Is Redesigning Its Approach To Digital Assets
Two key digital asset enforcement policy pronouncements narrow the Justice Department's focus on threats like fraud, terrorism, trafficking and sanctions evasion and dial back so-called regulation by prosecution, but institutions prioritizing compliance must remember that the underlying statutory framework hasn't changed, say attorneys at Blank Rome.
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Opportunity Zone Revamp Could Improve The Program
If adopted, the budget bill's new iteration of the opportunity zone program could renew, refine and enhance the effectiveness and accountability of the original program by including structural reforms, expanded eligibility rules and incentives for rural investment, say attorneys at Pillsbury.
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At 'SEC Speaks,' Leaders Frame New Views
At the Practising Law Institute's recent SEC Speaks conference, U.S. Securities and Exchange Commission leadership highlighted the agency's significant priority changes, including in enforcement, crypto and artificial intelligence, say attorneys at Perkins Coie.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
Congress Must Restore IP Protection To Drive US Innovation
Congress should pass the RESTORE Patent Rights Act to enforce patent holders' exclusive rights and encourage American innovation, and undo the decades of patent rights erosion caused by the U.S. Supreme Court's 2006 decision in eBay v. MercExchange, says former Chief U.S. Circuit Judge Paul Michel.
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How Focus On Menopause Care Is Fueling Innovation, Access
Recent legislative developments concerning the growing field of menopause care are creating opportunities for increased investment and innovation in the space as they increase access to education and coverage, say attorneys at Kirkland.
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Calif. Digital Assets Proposal Provides Only Partial Clarity
Recently proposed regulations under California's Digital Financial Assets Law answer some important questions about the new regime, particularly regarding its interaction with the state's money transmission law, but many key compliance questions remain, say attorneys at Stinson.
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Staying The Course Amid Seismic DOJ White Collar Changes
While some of the big changes at the U.S. Department of Justice during the second Trump administration — like an embrace of cryptocurrency and more politicized prosecutions — were expected, there have also been surprises, so practitioners should advise clients to stay focused on white collar compliance in this unpredictable environment, say attorneys at Keker.