Public Policy

  • August 01, 2025

    Dems Want Probe Of DOJ's HPE-Juniper Settlement

    A quartet of Senate Democrats called Friday for the U.S. Department of Justice's internal watchdog to look for "improper business and political considerations" in the settlement permitting Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks.

  • August 01, 2025

    Alaskan Tribe's Breach Claim Axed In Gold Mine Permit Fight

    An Alaska judge threw out a breach of trust claim against the federal government and a mining company in a challenge to a U.S. Army Corps of Engineers decision to issue a permit for an open gold mine near the Yukon border.

  • August 01, 2025

    Senate Bill Would Ramp Up Oversight Of FCC Broadband Map

    A bipartisan pair of lawmakers filed a bill to ensure the Federal Communications Commission keeps tabs on the accuracy of broadband maps used to pinpoint where funding is needed for high-speed internet service.

  • August 01, 2025

    US Defends Bulk Denial Of Worker Credits At 9th Circ.

    An Arizona federal court was right to deny a request by tax services firms to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, the U.S. told the Ninth Circuit, defending the agency's system for handling problems administering the tax credit.

  • August 01, 2025

    7th Circ. Backs Prison Warden's Firing Over Facebook Memes

    The Seventh Circuit has refused to revive a deputy prison warden's suit claiming he was terminated in retaliation for sharing memes online denigrating Muslims, Black people, liberals and the LGBTQ community and calling the Confederate flag "our flag," saying the corrections department's interest as a public employer outweighs his speech interests.

  • August 01, 2025

    Senate Dem Pitches Way To Keep TikTok Online Without Sale

    U.S. Sen. Ed Markey, D-Mass., is floating a proposal that would require TikTok to be transparent about how it displays content and limit foreign access to user data in order to allow the app to escape a legislative mandate to cut ties with its Chinese parent company, ByteDance, or face a nationwide ban.

  • August 01, 2025

    Texas Bill Seeks Permanent Limit For Property Tax Increases

    Texas would establish a permanent cap on increases in the appraised value of real property other than residence homesteads for property tax purposes if voters approve a proposed constitutional amendment authorizing the cap, as part of legislation filed in the state House of Representatives.

  • August 01, 2025

    Judge Says NJ Comptroller Can Subpoena Bistate Agency

    A New Jersey federal judge tossed the Delaware River Port Authority's suit claiming that the Garden State's comptroller unlawfully attempted to force it to comply with two investigative subpoenas, ruling that there is nothing to bar the comptroller from unilaterally issuing subpoenas to the New Jersey-Pennsylvania bistate transit agency.

  • August 01, 2025

    ECJ Strikes Down Italy's Tax On Cross-Border Dividends

    The Italian government breached the European Union's double-taxation protections for an Italian bank by taxing the bank's cross-border dividends via two separate levies, the EU's top court ruled Friday.

  • August 01, 2025

    Monthly Merger Review Snapshot

    The U.S. Department of Justice abandoned its challenge of a corporate travel management deal, while lawmakers are calling for scrutiny of the agency's recent decision to settle a different case, and the Federal Trade Commission agreed to nix the requirements placed on a pair of oil and gas deals.

  • August 01, 2025

    Feds Won't Retry Madigan Co-Defendant After Mistrial

    Prosecutors asked an Illinois federal judge on Friday to dismiss charges against ex-Illinois House Speaker Michael Madigan's longtime confidant Michael McClain after a jury was unable to reach a decision on the counts against McClain when the pair were tried together.

  • August 01, 2025

    FCC Lets Univ. Use CBRS For Salt Lake City Research Tool

    The University of Utah has received special dispensation to use spectrum set aside for the Citizens Broadband Radio Service for its "valuable, innovative research," the Federal Communications Commission revealed.

  • August 01, 2025

    6th Circ. Upholds Michigan Ban On Drone-Assisted Hunting

    The Sixth Circuit upheld a Michigan law that prohibits the use of drones for hunting, finding the state has a compelling reason to manage wildlife hunts despite the free speech objections lodged by the plaintiffs.

  • August 01, 2025

    FCC Asked To Narrow Undersea Cable Rule's License DQs

    The Federal Communications Commission might have been "excessively, and perhaps unintentionally, stringent" when it was drafting the new rules for undersea cables, a trade group told the agency, particularly when it comes to character disqualifications.

  • August 01, 2025

    EPA Beats Coolant Cos.' Challenge To HFC Regs

    The D.C. Circuit on Friday rejected refrigerant companies' challenges to a law requiring the U.S. Environmental Protection Agency to phase down the use of hydrofluorocarbons and said the cap-and-trade program implementing the law was based on sound methodology.

  • August 01, 2025

    NY Law Mandating Judicial Fine Declared Unconstitutional

    A New York state appeals court has declared unconstitutional a statute that mandates a judge forfeit $1,000 to a plaintiff if the judge refuses to issue a writ of habeas corpus.

  • August 01, 2025

    Mich. Judge Tosses MSU Students' $99 Class Fee Complaint

    A Michigan federal judge dismissed a lawsuit by two students claiming their Michigan State University professor should be liable for charging them a $99 course fee that she used to fund her political activism, saying the students were given a refund and the fee was not "compelled speech."

  • August 01, 2025

    Ex-Copyright Chief Appeals Denial Of Reinstatement Bid

    The former head of the U.S. Copyright Office will appeal a D.C. federal judge's denial of her request to be immediately reinstated to her former position after she was fired by President Donald Trump while her suit remains pending.

  • August 01, 2025

    Politics And Privacy Laws Collide 5 Years After Salas Shooting

    Five years after a disgruntled litigant killed a New Jersey federal judge's son at their home, experts and judges disagree over whether the judicial privacy laws enacted following the shooting are doing much to protect jurists, while political leaders' heated rhetoric makes for an even more dangerous landscape for judges.

  • August 01, 2025

    Banking TCPA Rule Changes Go Too Far, Consumer Org. Says

    Consumer advocates urged the Federal Communications Commission to reject changes floated by banking groups to rules for revoking consumer consent to receive calls and texts, saying they would cause confusion and make it harder to block unwanted contacts.

  • August 01, 2025

    US Prices Set To Rise With 18.3% Average Tariff, Report Says

    Prices of food, vehicles, computers and clothing are expected to rise significantly in the coming years as the median household's income takes a $2,200 hit under the latest assortment of U.S. tariffs, which bring the average rate to 18.3%, a Yale research center said Friday.

  • August 01, 2025

    Developer Group Wants Pittsburgh Inclusionary Zoning On Ice

    A Pittsburgh trade group has asked a Pennsylvania federal court to temporarily bar enforcement of a zoning ordinance mandating that large multifamily developments include affordable units, after the city's planning department demanded that a member comply with the ordinance.

  • August 01, 2025

    NC Legislation Highlights Of The 1st Half Of 2025

    The North Carolina General Assembly has pushed through another round of hurricane relief aid to help the western swath of the state while lawmakers remain in talks to repeal a long-standing healthcare law that critics say hampers competition. Here are five North Carolina bills from the year's first half that saw the governor's stamp of approval or remain up for debate.

  • August 01, 2025

    Hyundai, Kia Can't Get Rehearing On Cities' Car Theft MDL

    The Ninth Circuit won't hold an en banc rehearing on an appeal from Hyundai Motors America Inc. and Kia America Inc. seeking to dismiss negligence claims by cities in three of seven states in multidistrict litigation over their alleged failure to install anti-theft technology in millions of vehicles.

  • July 31, 2025

    White House Unveils New Tariffs On Dozens Of Countries

    President Donald Trump on Thursday announced a slew of new tariffs on nearly 70 countries that range from roughly 10% to 40%, unveiling the tariffs a day before his pause on worldwide "reciprocal" tariffs was set to expire Friday.

Expert Analysis

  • DOJ Atty Firing Highlights Tension Between 2 Ethical Duties

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    The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Fla. Condo Law Fix Clarifies Control Of Common Areas

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    Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.

  • Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs

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    In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.

  • Shareholder Takeaways From NY Internal Affairs Doctrine Suit

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    A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.

  • The Legal Fallout Of The Open Model AI Ecosystem

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    The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 3 Rulings May Reveal Next Frontier Of Gov't Contract Cases

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    Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.

  • How Ore. Law Puts New Confines On Corp. Health Ownership

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    A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.

  • Early Trends In Proxy Exclusion After SEC Relaxes Guidance

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    The U.S. Securities and Exchange Commission’s recent guidance broadening shareholder proposal exclusion under Rule 14a-8 has been undoubtedly useful to issuers this proxy season, but it does not guarantee exclusion, say attorneys at Debevoise.

  • How New Texas Law Revamps Electric Grid To Meet Demand

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    A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.

  • Best Practices For State Banks Eyeing Federal Conversions

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    Amid a notable uptick — fueled by ongoing regulatory upheaval — in state-chartered banks exploring conversion to national bank charters, banks contemplating the decision should weigh the benefits, like uniform supervision, and potential impediments, like costly exam fees, say attorneys at Skadden.

  • DOJ May Rethink Banning Firearms For Marijuana Users

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    In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.

  • EDNY Ruling May Limit Some FARA Conspiracy Charges

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    Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

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