Public Policy

  • November 04, 2025

    Top Groups Lobbying The FCC

    October's government shutdown didn't snuff out lobbying efforts at the Federal Communications Commission. While the number of disclosed appearances fell sharply, various groups managed to share their views on broadband "nutrition" labels, next-generation TV, C-band spectrum, anti-robocall rules and more.

  • November 04, 2025

    Okla. Tribes Push For Quick Win In Gaming Compact Dispute

    Three Oklahoma tribes are asking a D.C. federal court for a summary judgment win in a dispute over Class II gaming compacts with the state, arguing that the governor lacked authority to enter into the agreements with two other tribes.

  • November 04, 2025

    DOJ Ignores Court Discovery Order In Letitia James Case

    The U.S. Department of Justice has refused to provide New York Attorney General Letitia James access to documents related to her October indictment on mortgage fraud charges, arguing Tuesday that a Virginia federal judge was too early in making the discovery order.

  • November 04, 2025

    Confirmation Ends Dem-Appointed Judges' Lock On 1st Circ.

    The Senate voted 52-46 on Tuesday to confirm Joshua D. Dunlap, a partner at Pierce Atwood LLP, to the First Circuit.

  • November 04, 2025

    Ohio Board Bumps Apartment Building's Value

    An apartment building should have its value increased from $24 million to $41.5 million based on its most recent sales price, the Ohio Board of Tax Appeals ruled.

  • November 04, 2025

    Ex-Conn. Official Gets Sentencing Delayed Pending 2nd Trial

    A Connecticut federal judge on Tuesday indefinitely delayed sentencing for Konstantinos "Kosta" Diamantis, a former Connecticut budget official convicted of soliciting and accepting bribes connected to school construction projects, after defense counsel requested a pause until a second trial on unrelated corruption charges concludes.

  • November 04, 2025

    2nd Circ. Hints Bankman-Fried's $11B Forfeiture Is Overkill

    The Second Circuit suggested Tuesday that the government's $11 billion forfeiture order against Sam Bankman-Fried may be unconstitutionally large, noting that the staggering amount tops the raft of cases tasking the court with determining if such money judgments pass Eighth Amendment muster.

  • November 04, 2025

    Approach The Bench: Justice McKenna On Earning Her Master's

    Sabrina McKenna, acting chief justice of the Hawaii Supreme Court, had been on the bench for about three decades before she decided to go back to school to study the work of judging.

  • November 03, 2025

    Feds Defend Cases Against James Comey, Letitia James

    The U.S. Department of Justice on Monday took a swing at bids by former FBI Director James Comey and New York Attorney General Letitia James to get their indictments thrown out, telling a federal judge the appointment of interim U.S. Attorney Lindsey Halligan was valid.

  • November 03, 2025

    'Frankly, They're Irrelevant:' ABA Ratings In Trump's 2nd Term

    The American Bar Association, long considered the gold standard for rating judicial nominees, no longer gets to interview them as Trump officials claim the group's "not qualified" rating for some nominees during Trump's first term shows it is a biased and "leftist" organization. Ironically though, ABA ratings for President Donald Trump's second-term picks are mostly positive so far.

  • November 03, 2025

    Squires' First Orders Reject PTAB Petitions En Masse

    U.S. Patent and Trademark Office Director John Squires, true to his word, rejected 13 petitions for inter partes review with no explanation, furthering the administration's controversial push toward narrowing the Patent Trial and Appeal Board's place in patent litigation. 

  • November 03, 2025

    BofA Says It's Fielding 'Fair Access' Regulatory Inquiries

    Bank of America Corp. has told investors it is facing government scrutiny tied to President Donald Trump's push to crack down on alleged political and religious discrimination by financial institutions.

  • November 03, 2025

    DOJ Taps Hall Render Atty As UnitedHealth Merger Monitor

    The U.S. Department of Justice asked a Maryland federal judge Monday to appoint a Hall Render Killian Heath & Lyman PC shareholder as compliance monitor as part of the settlement allowing UnitedHealth Group's merger with Amedisys.

  • November 03, 2025

    Dems Demand FTC Probe Into Surveillance Co.'s Data Use

    Two Democratic U.S. lawmakers urged the Federal Trade Commission on Monday to investigate Flock Safety over its purported failure to implement adequate cybersecurity measures, saying the surveillance technology company has exposed Americans' personal data to theft by hackers and foreign spies.

  • November 03, 2025

    5th Circ. Wary Of Greenlighting Texas Content Filter Law

    A Fifth Circuit panel seemed wary of Texas' argument that it should decide the constitutional merits of a new state law that forces companies to filter content for underage users, saying Monday the district court ought to get a chance to hear more evidence.

  • November 03, 2025

    OpenAI Sets Policy Against Legal, Medical Advice

    OpenAI has updated its user policy across its artificial intelligence platforms, including ChatGPT, saying its products can't be used by individuals to provide any legal or medical advice.

  • November 03, 2025

    W.Va., Chamber Say NY Climate Superfund Law Is Preempted

    States and business groups on Friday told a New York federal judge that the state Climate Change Superfund Act is preempted by the Constitution and the Clean Air Act and should be struck down.

  • November 03, 2025

    DC Circ. Seems Wary Of Trump Proclamation Curbing Asylum

    At least two-thirds of a D.C. Circuit panel seemed to have doubts Monday about whether the Trump administration was at liberty to ban people from seeking asylum at the southern border or whether doing so flies in the face of the Immigration and Nationality Act.

  • November 03, 2025

    Meat Giant JBS Inks $1.1M NY AG Deal Over Climate Claims

    New York Attorney General Letitia James announced Monday that JBS USA Food Co. and an affiliated holding company will pay $1.1 million to support climate-focused agriculture programs in the state as part of a settlement over allegations they misled the public about efforts to reduce their carbon footprint.

  • November 03, 2025

    Judge Reminds Gov't To Follow Media Rules In James Case

    A Virginia federal judge has reminded the parties in the government's alleged bank fraud case against New York Attorney General Letitia James not to publicly discuss grand jury proceedings after U.S. Attorney Lindsey Halligan texted with a reporter about the case in October.

  • November 03, 2025

    SafeSport Says Coach's Claims Fail After His Arbitration Win

    U.S. Gymnastics officials have asked a New Jersey federal court to toss the lawsuit brought by a coach who was temporarily suspended over abuse allegations, arguing he lacks standing to bring his case in court since he was reinstated following arbitration and there is no relief to provide.

  • November 03, 2025

    Mass. Justices Hint Charter Schools Must Obey Records Law

    Justices on Massachusetts' highest court on Monday appeared skeptical of arguments that a publicly funded charter school, unlike its city- and town-operated counterparts, is not subject to the state's public records law.

  • November 03, 2025

    2 Doctrines Likely To Direct Justices' Review Of Trump Tariffs

    When the U.S. Supreme Court hears oral arguments Wednesday over whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act, it will likely test two doctrines the justices have recently considered: the major questions and nondelegation doctrines.

  • November 03, 2025

    Colorado Judge Denies AbbVie's Bid To Block State Drug Law

    A Colorado federal judge denied AbbVie Inc.'s bid for a preliminary injunction, which would have barred the state from enforcing its laws and penalties surrounding federal 340B drug pricing.

  • November 03, 2025

    DC Circ. Fight Grows Over Energy Dept.'s Coal Plant Order

    The U.S. Department of Energy is facing an expanded challenge over its move to keep a Michigan coal-fired power plant open, as Illinois and Minnesota have asked the D.C. Circuit to overturn the agency's extension of its emergency order through Nov. 19.

Expert Analysis

  • What New CFPB Oversight Limits Would Mean For 4 Markets

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    As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.

  • MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't

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    As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.

  • Navigating Brazil's Regulations, Incentives For Green Projects

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    Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.

  • Federal AI Action Plan Marks A Shift For Health And Bio Fields

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    The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.

  • Potential Paths To Modernizing The Bank Secrecy Act

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    The Bank Secrecy Act's analog design has become increasingly incompatible with today's digital financial ecosystem, but legislative reforms, coupled with regulatory adjustments including updated thresholds, feedback mechanisms and innovation sandboxes, would help adjust the act to the unique challenges of modern technology, says Matthew Biben at King & Spalding.

  • Definitions Of 'Waters Of The United States' Ebb And Flow

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    The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.

  • Trump Tax Law's Most Impactful Energy Changes

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    The One Big Beautiful Bill Act's deferral of begin-construction deadlines and the phaseout of certain energy tax credits will provide emerging technologies with welcome breathing room, though other changes, like the increased credit rate for sustainable aviation fuel, create challenges for developers, say attorneys at Weil.

  • Texas Property Law Complicates Financing And Development

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    A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Lessons From Liberty Mutual FCPA Declination

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    Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.

  • Data Undermines USPTO's 'Settled Expectations' Doctrine

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    An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.

  • Drafting M&A Docs After Delaware Corp. Law Amendments

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    Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • FTC Focus: When Green Goals And Antitrust Law Collide

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    A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.

  • High Court E-Cig Ruling Opens Door For FDA Challenges

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    There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.

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