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Public Policy
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July 11, 2025
Feds Flag Possible Atty Conflict In Cuellar Bribery Case
Federal prosecutors on Friday asked for a hearing in the bribery case of U.S. Rep. Henry Cuellar of Texas to determine if one of his lawyers should bow out because he previously represented a witness whom he helped set up a consulting firm allegedly used to funnel money to the congressman.
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July 11, 2025
Bove Faults 'Heavy Handed' Jan. 6 Cases
Third Circuit Nominee Emil Bove, who is currently serving in the U.S. Department of Justice, in his post-hearing questionnaire obtained by Law360 on Friday, drew what he says is a distinction between condemning violence against law enforcement officers and over-prosecution of Jan. 6 rioters.
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July 11, 2025
Pa. Panel Won't Give Town Official Immunity For Atty Insult
A Pennsylvania township commissioner isn't entitled to immunity for remarks he made at a meeting about an attorney and her opposition to a neighbor's use of his property, since he was not speaking at his own meeting or addressing a matter of public importance, a state appellate panel has ruled
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July 11, 2025
DOJ Slams 'Stingy' Reading Of Trump's Border Authority
Government attorneys told the D.C. Circuit that a lower court's injunction stopping President Donald Trump from restricting asylum at the southern border is based on a "stingy" interpretation of his authority, warning that if it's left to stand, it could thwart border security efforts.
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July 11, 2025
Pa. House OKs State Actions To Combat False Claims
Pennsylvania would allow the state's attorney general to pursue actions against people who make false claims to use state programs under a bill passed by the state House of Representatives.
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July 11, 2025
Transportation Policies To Watch In 2025: A Midyear Report
Sweeping new tariffs, revised vehicle emission and fuel-economy standards, and aviation safety reforms are some of the transportation industry's top regulatory priorities to watch in the second half of 2025.
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July 11, 2025
Judge Upholds NYC Law Blocking Broker Fees For Tenants
A New York federal judge has refused to preliminarily block a New York City law that bans broker fees for landlord brokers under specific circumstances.
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July 11, 2025
Judge Lifts 2-Year Stay In Okla. Tribal Gambling Compact Row
A D.C. federal judge has lifted a two-year stay in four Oklahoma tribes' challenge to the state and federal government over gambling compacts, while denying their request for Interior Department documents related to the agency's approval of the agreements.
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July 10, 2025
9th Circ. Sides With Civil Aid Attys In H-2A Farm Docs Dispute
A Ninth Circuit panel said Thursday that a lower court overstepped its authority by restricting a civil legal aid organization from using for advocacy purposes information that was gathered during discovery in a class of seasonal farmworkers' now-settled forced labor case against a Washington fruit grower.
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July 10, 2025
Nonprofit Calls For Halt To Portland's Labor Peace Policy
A nonprofit providing janitorial services to the city of Portland urged an Oregon federal judge to block the city's enforcement of a requirement for the contractor to execute a labor peace agreement with a union, arguing the mandate infringes on the First Amendment by making employers stay neutral.
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July 10, 2025
Trump Taps Holland & Hart Partner For Montana Bench
President Donald Trump announced on social media Thursday he has chosen a Holland & Hart LLP partner and veteran government attorney to serve on the federal bench in Montana.
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July 10, 2025
Fla. Lawmakers Sue DeSantis Over Detention Center Access
Democratic state lawmakers in Florida sued Gov. Ron DeSantis on Thursday to demand access to the new immigrant detention center in the Everglades the lawmakers say they were blocked from visiting last week.
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July 10, 2025
HHS Narrows Health Benefits Available To Noncitizens
The U.S. Department of Health and Human Services on Thursday announced that immigrants living in the country without legal authorization and other noncitizens will no longer be eligible for benefits under Head Start and a host of other federal healthcare programs, based on the agency's reinterpretation of a 1996 social welfare law.
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July 10, 2025
Judge Mulls 48-Hour Hold To Protect Abrego Garcia's Rights
An Immigration and Customs Enforcement official testified Thursday that Kilmar Abrego Garcia would be taken into custody as soon as he's released from U.S. Marshals Service custody in Tennessee, but that no determinations had yet been made about where the government might seek to deport him then.
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July 10, 2025
Uber, Instacart Fight Seattle's Driver Rights Law At 9th Circ.
A Ninth Circuit panel appeared split on Thursday while hearing Uber and Instacart's challenge to a Seattle city ordinance regulating deactivation of app-based worker accounts, with the judges seemingly at odds on whether the law forced commercial speech while still unconvinced of a First Amendment violation.
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July 10, 2025
'Admonition' But No More Amazon Penalty For Hidden Docs
A federal judge in Washington state took Amazon.com to task Thursday for "bad faith" material review that labeled tens of thousands of documents as covered by attorney-client privilege despite involving no legal advice, but the judge, who is presiding over the Federal Trade Commission's Prime subscriptions case against the company, opted against further punishment.
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July 10, 2025
Pa. High Court Takes Up Appeal Over Criminal Gun Rights
The Pennsylvania Supreme Court has agreed to hear the appeal of a man who is accused of attempted murder and weapons charges and consider whether the weapons charges are at odds with the U.S. Supreme Court's decision in New York State Rifle & Pistol Association Inc. v. Bruen.
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July 10, 2025
Fed Floats Revision Of Large Bank Rating Framework
The Federal Reserve on Thursday floated a proposed revision to its supervisory rating framework that would allow large bank holding companies to retain a certain stamp of regulatory approval even if they receive a low rating in one area of assessment.
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July 10, 2025
SEC's Peirce Says Tokenized Security Issuers Must Heed Law
The U.S. Securities and Exchange Commission's Hester Peirce is cautioning market participants that issuers of digital versions of securities, often described as tokenized securities, must comply with federal laws even as they pursue innovation.
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July 10, 2025
NJ Developer Charged With Fraud, Bribing Local Official
A New Jersey real estate investor and developer has been indicted on a raft of charges for allegedly running a Ponzi-like investment fraud scheme, conspiring to launder drug proceeds, laundering money represented to be drug proceeds as part of a sting operation and bribing a New Jersey politician.
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July 10, 2025
Island Community Gets NJ High Court Ruling To Switch Towns
A barrier island community has met all legal requirements to formally separate from a Garden State township and join a neighboring borough, the New Jersey Supreme Court unanimously ruled Thursday, ending a decade-long legal battle over local governance, geography and fairness in public services.
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July 10, 2025
DOJ Says Calif. Animal Welfare 'Red Tape' Inflates Egg Prices
The U.S. Department of Justice sued California and state officials over several animal welfare laws passed in the Golden State that the federal government claims has contributed to the "historic rise in egg prices by imposing unnecessary red tape on the production of eggs."
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July 10, 2025
Tegna To Pay $222K To Resolve FCC Probe Into Obscene Video
Broadcast giant Tegna has agreed to pay more than $222,000 to put an end to an inquiry that began almost four years ago when an unknown party played a 13-second pornographic video clip during an evening weather report on a Spokane, Washington, news station.
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July 10, 2025
8th Circ. Won't Pause ND Tribes' Voting Rights Decision
The Eighth Circuit on Thursday denied a bid by two North Dakota tribes to stay its decision to vacate a challenge to two of the state's voting laws while the ruling is appealed to the U.S. Supreme Court.
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July 10, 2025
DHS Official Walks Back Testimony On Deportation Leads
A U.S. Department of Homeland Security official testified in Massachusetts federal court on Thursday that he was only "speculating" when he said during a deposition last month that the offices of border czar Tom Homan and U.S. Homeland Security Secretary Kristi Noem were behind a decision to use pro-Israel websites to source leads on potential deportation targets.
Expert Analysis
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Series
NY Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.
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SEC Proposal Could Hurt Foreign Issuers' US Market Access
The U.S. Securities and Exchange Commission’s June call for feedback on potentially narrowing how it designates foreign private issuers of securities could ultimately result in significant new barriers for traders that rely on FPI accommodations to participate in U.S. markets, say attorneys at Gibson Dunn.
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State, Fed Junk Fee Enforcement Shows No Signs Of Slowing
The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.
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Federal Regs Order May Spell Harsher FDCA Enforcement
A recent executive order aimed at reducing criminal prosecutions of those who unknowingly violate complex federal regulations may actually lead to more aggressive felony indictments under the Federal Food, Drug and Cosmetic Act, but companies and executives can mitigate risks by following several key principals, say attorneys at McGuireWoods.
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DOJ's 1st M&A Declination Shows Value Of Self-Disclosures
The U.S. Department of Justice's recent decision not to charge private equity firm White Deer Management — the first such declination under an M&A safe harbor policy announced last year — signals that even in high-priority national security matters, the DOJ looks highly upon voluntary self-disclosures, say attorneys at Perkins Coie.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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New Laws Show How States Are Checking AI Developers
Recent state consumer protection legislation shows Utah, Colorado and Texas are primed to impose controls on artificial intelligence, and exemplifies the states' unwillingness to accord strong deference to developers and deployers of AI tools, say attorneys at Polsinelli.
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Nev. Steps Up Efforts To Attract Incorporations With New Law
Recent amendments to Nevada corporate law, which will narrow controlling stockholders’ liability, streamline mergers and allow companies to opt out of jury trials, show the interstate competition to attract new and reincorporating companies is still heating up, say attorneys at Simpson Thacher.
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Birthright Opinions Reveal Views On Rule 23(b)(2) Relief
The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Plan For Increased HSR Info Sharing With Wash. Antitrust Law
Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.
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Federal Construction Considerations Amid Policy Overhaul
The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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3rd-Party Audit Tactics To Improve Export Control Compliance
Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.