Public Policy

  • September 15, 2025

    9th Circ. Says Ore. Water Rights Case Is Still Relevant

    The Ninth Circuit won't dismiss the Klamath Irrigation District's appeal over water releases from an Oregon lake as moot, saying a decision would provide relief by affecting how the scarce resource is allocated regardless of the federal government's new position on the application of the Endangered Species Act.

  • September 15, 2025

    Former Nuclear Commission GC Joins Morgan Lewis In DC

    The former general counsel of the U.S. Nuclear Regulatory Commission, who spent nearly her entire career there in roles at the intersection of nuclear law and policy, has joined Morgan Lewis & Bockius LLP's Washington, D.C., office, the firm said Monday.

  • September 15, 2025

    Ohio Says Browns' Stadium Suit Is Moot After Law Change

    The state of Ohio told a federal court a Cleveland Browns lawsuit accusing the city of thwarting its move to a suburb is now moot because the state has altered the law at the center of the debate and allocated $600 million from the state budget for its relocation.

  • September 15, 2025

    Ex-Epstein Prosecutor Maurene Comey Sues DOJ Over Firing

    Maurene Comey, a former Manhattan federal prosecutor who brought high-profile criminal cases against the likes of Jeffrey Epstein and Sean "Diddy" Combs, sued the Justice Department on Monday alleging her abrupt July firing came "solely or substantially" because she is the daughter of former FBI Director James Comey, a Trump critic.

  • September 15, 2025

    RI Court Halts Political Criteria In $75M Homelessness Grant

    A Rhode Island federal judge granted a temporary restraining order directing the U.S. Department of Housing and Urban Development to disburse grants through a $75 million program to combat homelessness after groups complained the Trump administration sought to impose new barriers to winning funding.

  • September 14, 2025

    Fed's Cook Defends Reinstatement As Trump Pushes For Stay

    Federal Reserve Gov. Lisa Cook squared off with the Trump administration over the weekend as the D.C. Circuit mulls whether to keep in place a lower-court hold on President Donald Trump's effort to fire her ahead of a key interest-rate policy vote this coming week.

  • September 12, 2025

    8th Circ. Pauses Challenges To Abandoned Climate Regs

    The Eighth Circuit on Friday said it would wait to rule on challenges to Biden-era climate disclosure rules that the U.S. Securities and Exchange Commission has said it will no longer defend, giving the regulator time to decide what it wants to do with the rules.

  • September 12, 2025

    AbbVie Can't Halt Miss. Discount Drug Law, 5th Circ. Says

    AbbVie and other pharmaceutical manufacturers that participate in Medicaid cannot preliminarily block a Mississippi law barring their interference with the distribution of discounted prescriptions to pharmacies serving low-income patients, the Fifth Circuit ruled Friday, saying the drugmakers haven't shown that the statute likely effectuates a taking of their property.

  • September 12, 2025

    Calif. Sends Groundbreaking Data Use Opt-Out, AI Bills To Gov.

    The California Legislature has approved several cutting-edge measures to boost online data privacy and safety protections for consumers, including proposals that would require browser operators such as Apple and Google to enable users to easily stop the sale and sharing of their personal data across websites and push AI-powered "companion" chatbot providers to implement safeguards. 

  • September 12, 2025

    Albertsons Loses Bid For Docs On Kroger CEO's Exit

    The Kroger Co. does not have to turn over documents to Albertsons Cos. Inc. concerning former Kroger CEO Rodney McMullen's abrupt exit, the Delaware Chancery Court ruled Friday, saying that personal conduct that prompted McMullen's resignation wasn't relevant to Albertsons' litigation claims over the grocery chains' failed $25 billion merger.

  • September 12, 2025

    Stewart Issues New Slate Of Discretionary Denials

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart rejected 18 petitions for Patent Trial and Appeal Board review based on discretionary factors on Friday, but didn't introduce new elements to her analysis.

  • September 12, 2025

    FCC Faulted For Changes In Broadband Inquiry's Scope

    By no longer measuring factors like broadband affordability, the Federal Communications Commission has unacceptably trimmed its yearly look at the state of deployment, just like the old vaudeville joke about "blue plate specials" devoid of food, an advocacy group said.

  • September 12, 2025

    Broadband Company Wants To Give Another Its Rural Funds

    A Texas-based company that was set to receive Rural Digital Opportunity Fund money to service a couple of hundred locations in Wyoming is asking the FCC's permission to transfer that obligation — and the funds that go along with it — to a different company.

  • September 12, 2025

    Targeting 'Bad Labs' Based Only On Location Called Bad Idea

    Several top telecom trade groups have come together to tell the FCC that its plan to ban Chinese test labs and certification bodies from being used on devices destined for the United States will cost a lot and cause much disruption, "without delivering commensurate security benefits."

  • September 12, 2025

    Cannabis Brokers Sue Over $250K In Unpaid Commissions

    Two brokerage companies claim they were never paid his commission for helping guide two deals worth roughly $1.7 million involving the purchase of Los Angeles cannabis permits, according to a California state lawsuit seeking compensation from the cannabis entrepreneurs and their companies.

  • September 12, 2025

    Regulators Seize $86M Of Chinese-Made Vapes In Chicago

    Federal regulators seized $86.5 million in illicit vape products at a Chicago port of entry during a joint operation, according to an announcement claiming the haul is the largest single confiscation of e-cigarette products of this kind and is part of the government's "aggressive" crackdown against youth vaping and "foreign actors."

  • September 12, 2025

    New Guidance Hacks Away At Immigration Judges' Powers

    A steady stream of Board of Immigration Appeals decisions and Executive Office for Immigration Review memos, capped by recent guidance on handling constitutional claims, shows a Trump administration reining in immigration judges overseeing removal cases.

  • September 12, 2025

    4th Circ. Rules NC Felons' Voting Ban Is Unconstitutional

    The Fourth Circuit affirmed Friday that a 19th-century North Carolina law making it a crime for convicted felons to vote — even if they believed they were eligible — unconstitutionally targets Black voters and was not mooted by a 2024 amendment to the law.

  • September 12, 2025

    9th Circ. Orders Feds To Restore Refugee Agency Agreements

    The Ninth Circuit ordered the federal government to reinstate cooperative agreements with refugee resettlement agencies on Friday, saying President Donald Trump likely acted lawfully when suspending U.S. refugee admissions in January, but his administration must still provide legally mandated services to those who have already arrived.

  • September 12, 2025

    DOJ Says States Can't Reverse Grant Cuts In OMB Reg Fight

    The Trump administration urged a Massachusetts federal judge to throw out a suit brought by a score of states accusing it of misinterpreting an Office of Management and Budget regulation to slash thousands of grants, arguing they must seek relief in another forum.

  • September 12, 2025

    Amazon Says FTC Can't Subpoena Corporation For Prime Trial

    Amazon has told a Seattle federal judge that the Federal Trade Commission can't subpoena the company itself for a testimony at an upcoming trial over allegations that it tricked customers into Prime subscriptions and prevented them from undoing their membership, arguing subpoenas that do not name individuals "skirt the rules."

  • September 12, 2025

    Builders Urge 11th Circ. To Block Biden's EO Labor Mandate

    An association of builders on Friday urged the Eleventh Circuit to block a Biden administration executive order requiring labor agreements for all federal contracts exceeding $35 million, arguing the order will cause irreparable harm by increasing costs and reducing competition in the construction industry. 

  • September 12, 2025

    Mich. AG's Loss Spells Trouble For Other Fake Elector Cases

    The dismissal of charges against Michigan Republicans who participated in the so-called fake elector plot after the 2020 presidential election shows that establishing intent could be a hurdle for prosecutors as they pursue similar cases in other states, legal experts said.

  • September 12, 2025

    Fla. Ex-Atty Banned From Pro Se Suits To Win Back House

    The Florida Supreme Court has sanctioned a disbarred Tampa tax attorney and banned her from filing any more pro se complaints related to efforts to regain her house, which was taken away by court order more than eight years ago.

  • September 12, 2025

    Feds Back Chevron And Exxon In High Court Pollution Case

    The Trump administration has backed Chevron and Exxon's U.S. Supreme Court bid to overturn a ruling that Louisiana courts should hear pollution lawsuits stemming from the companies' World War II-era oil production, saying their work clearly puts the litigation in federal court.

Expert Analysis

  • Feds' Shift On Reputational Risk Raises Questions For Banks

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    While banking regulators' recent retreat from reputational risk narrows the scope of federal oversight in some respects, it also raises practical questions about consistency, reputational management and the evolving political landscape surrounding financial services, say attorneys at Smith Anderson.

  • Biotech Collaborations Can Ease Uncertainty Amid FDA Shift

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    As concerns persist that the U.S. Food and Drug Administration's reduced headcount will impede developments at already-strapped biotech companies, licensing and partnership transactions can provide the necessary funding and pathways to advance innovative products, say attorneys at Troutman.

  • Nuclear Stakeholders Must Prepare For Cyber Threats

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    As the White House signals its support for a revival of nuclear power to supply the power needs of data centers and the artificial intelligence industry, investors and operators must keep in mind that safeguarding nuclear infrastructure from evolving cyber threats will be essential, say attorneys at A&O Shearman.

  • Series

    Playing Mah-Jongg Makes Me A Better Mediator

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    Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

  • Business Court Bill Furthers Texas' Pro-Corporate Strategy

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    The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.

  • Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty

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    The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.

  • FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda

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    While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.

  • Diversity, Equity, Indictment? Contractor Risks After Kousisis

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    The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • What To Expect As UK, US Gov'ts Develop Stablecoin Policies

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    While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.

  • Series

    Texas Banking Brief: All The Notable Legal Updates In Q2

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    In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.

  • Lawsuit, Exec Orders Should Boost Small Modular Reactors

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    A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • Congress Crypto Movement Could Bring CFTC 'Clarity' At Last

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    The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.

  • What Employers Can Learn From Axed Mo. Sick Leave Law

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    Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.

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