Public Policy

  • May 14, 2025

    9th Circ. Says Trustee Is Liable Under New Social Media Test

    A California school board member violated the First Amendment when she blocked two parents from making comments on her public Facebook and Twitter pages, the Ninth Circuit ruled Wednesday, reaffirming a district court's judgment after applying the U.S. Supreme Court's new state-action test.

  • May 14, 2025

    Fintech Group OK'd To Defend CFPB Open-Banking Rule

    Fintech industry group the Financial Technology Association received the green light on Wednesday to defend the Consumer Financial Protection Bureau's open banking rule in an ongoing legal challenge from the banking industry.

  • May 14, 2025

    Texas Judge Latest To Bar Removals Under Wartime Law

    A Texas federal judge joined a chorus of other courts that have slammed the brakes on President Donald Trump's proclamation invoking the Alien Enemies Act to remove alleged Tren de Aragua gang members from the United States, saying the policy likely violates a slew of federal laws.

  • May 14, 2025

    Houston Midwife Says AG Has No Evidence To Close Clinics

    A Houston-area midwife who was arrested earlier this year on a charge of providing an illegal abortion is arguing to a state appellate court that Texas Attorney General Ken Paxton "came nowhere close to meeting the state's burden" in his bid to shut down her clinics.

  • May 14, 2025

    Newsom Blames 'Trump Slump' As Calif. Faces $12B Shortfall

    California's fiscal situation has changed for the worse since January, Gov. Gavin Newsom said Wednesday, putting the blame on what he said was a "Trump slump" that has resulted in lower capital gains tax collections.

  • May 14, 2025

    Fla. High Court Asked If Parents Can Dispute Kids' Abortions

    A Florida appellate court on Wednesday upheld a decision denying a 17-year-old to terminate her pregnancy without her father's consent, but certified a question of great public importance on whether parents have due process rights under the state's maturity and best-interest judicial waiver procedures.

  • May 14, 2025

    House Committee Tees Up FCC Auction Reauthorization

    While the House Energy and Commerce Committee on Tuesday was voting to clawback billions of dollars earmarked during the Biden administration for climate spending, it also managed to tee up a provision allowing the FCC to auction off spectrum once again.

  • May 14, 2025

    Farm Groups Fight Further Delay In H-2A Wage Rule Suit

    Farm groups on Wednesday countered the Trump administration's bid to further halt litigation challenging a Biden-era H-2A wage rule, telling a Florida federal judge there's no need to delay further for the U.S. Department of Labor to get familiarized with the case.

  • May 14, 2025

    Trump's Unorthodox US Atty Picks May Face Learning Curve

    While some of President Donald Trump's picks for U.S. attorney fit the typical mold — former federal prosecutors and BigLaw alums — others lack the type of court experience that can be crucial for effective office management and earning the respect of judges, experts say.

  • May 14, 2025

    Pa. Justices Seem OK With Transit Crimes Special Prosecutor

    Elements of Pennsylvania's Constitution seem to support the Legislature's ability to single out Philadelphia and its district attorney, Larry Krasner, for special treatment in a law establishing a "special prosecutor" for crimes committed within its regional transit agency, several state Supreme Court justices suggested during arguments on Krasner's challenge to the law Wednesday.

  • May 14, 2025

    FERC Chair Floats Plan To Slash Grid Project Perks

    The Federal Energy Regulatory Commission's approval of financial perks for $3 billion worth of transmission projects has prompted Chair Mark Christie to suggest a way to scale back the awarding of additional rate incentives to grid developers.

  • May 14, 2025

    Trump Scraps Biden-Era Restrictions On AI Chip Exports

    The U.S. Department of Commerce announced Tuesday it has rescinded guidelines on artificial intelligence technology exports issued under former President Joe Biden, saying it would take other steps "to strengthen export controls" on AI semiconductor chips.

  • May 14, 2025

    10th Circ. Wary Of Hemp Interests' Challenge To Wyoming Law

    A Tenth Circuit panel on Wednesday appeared skeptical that a Wyoming state law regulating hemp-derived intoxicating products was preempted by the federal law legalizing hemp nationwide.

  • May 14, 2025

    EPA Plans Cutbacks And Delays To PFAS Drinking Water Regs

    The U.S. Environmental Protection Agency on Wednesday said it will retain the current drinking water standards for two toxic PFAS but will delay compliance deadlines for public water systems and eliminate limits on other forever chemicals.

  • May 14, 2025

    States Ask Court To End Trump's Wind Project Freeze

    A coalition of states on Wednesday asked a Massachusetts federal judge for a preliminary injunction ordering the Trump administration to end its freeze on wind energy project permitting, saying the policy could erase nearly $100 billion in investments and cost 40,000 jobs if left in place throughout the president's term.

  • May 14, 2025

    DC Judge Restores Canceled ABA Domestic Violence Grants

    A D.C. federal judge on Wednesday reinstated terminated federal grant funding for the American Bar Association's Commission on Domestic & Sexual Violence, finding that "the First Amendment prohibits the type of reprisal DOJ appears likely to have taken."

  • May 14, 2025

    Judiciary To Share Pros, Cons Of AI For Courts With Congress

    The federal judiciary is looking at the benefits and drawbacks of artificial intelligence for the court system and will share its discoveries with Congress, top officials testified on Wednesday.

  • May 14, 2025

    CFTC's Mersinger Will Depart Agency To Lead Crypto Lobby

    U.S. Commodity Futures Trading Commissioner Summer Mersinger is leaving the agency to lead cryptocurrency industry group the Blockchain Association, the organization announced Wednesday.

  • May 14, 2025

    RFK Jr. Defends HHS Cuts, Pledges To 'Spend Smarter'

    In his first appearance on Capitol Hill since his confirmation, U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. on Wednesday characterized a massive reorganization and reductions in workforce as practical moves to optimize the sprawling agency.

  • May 14, 2025

    DOJ Says No Hiring Private Counsel From Firms Suing US

    Deputy Attorney General Todd Blanche has issued a memo directing the U.S. Department of Justice to avoid engaging with firms that are suing the government over its policies or that represent clients in similar suits.

  • May 14, 2025

    NY AG Says Capital One Denied Millions In Account Interest

    New York's attorney general on Wednesday sued Capital One in New York federal court, alleging the bank deprived online savings customers of millions of dollars in interest, a case that echoes a lawsuit the Consumer Financial Protection Bureau recently abandoned.

  • May 14, 2025

    Ex-FDNY Safety Chief Gets 3 Years For $57K Bribery Haul

    A Manhattan federal judge hit a former fire prevention chief for the New York Fire Department with a three-year prison sentence Wednesday for taking bribes to expedite safety checks, saying the longtime, well-off public servant acted out of greed.

  • May 14, 2025

    Monitor Says Okla. Pot Agency Fired Her For Blowing Whistle

    A former contract monitor for the Oklahoma Medical Marijuana Authority is suing the agency, alleging she was wrongly fired and had her file marked "no rehire," preventing her from finding other government work, in retaliation for reporting on a conflict of interest.

  • May 14, 2025

    Grassley Targets Universal Injunctions In Budget Negotiations

    Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, is looking to address universal injunctions as part of the budget reconciliation process, Law360 has learned.

  • May 13, 2025

    Judge Opts For 'Remedial Manager' To Reform Rikers Jail

    A Manhattan federal judge on Tuesday stopped short of ordering a receiver to take control of Rikers Island in an effort to clamp down on incidents of excessive force against the jail population, instead opting for a "remediation manager" with more narrow powers to work in collaboration with city officials to reform the notorious jail complex.

Expert Analysis

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Key Takeaways From The 2025 Spring Antitrust Meeting

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    Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.

  • 3 Action Items For Innovators Amid Fintech Regulatory Pivot

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    As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.

  • What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.

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    In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.

  • How Tariffs May Affect Proxy Contests This Season

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    While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.

  • Running A Compliant DEI Program After EEOC, DOJ Guidance

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    Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.

  • A Closer Look At New NYSE, Nasdaq Listing Rule Changes

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    The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.

  • Opinion

    GENIUS Act Can Bring Harmony To Crypto-Banking Discord

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    ​​​​​​​By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.

  • Opinion

    US Reassessment Of OECD Tax Deal Is Right Move

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    The wholesale U.S. reevaluation of the Organization for Economic Cooperation and Development's global tax deal ordered by President Donald Trump is a positive step that could ultimately create a more durable international tax system, says Anne Gordon at the National Foreign Trade Council.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • The Path Forward For Construction Cos. After Calif. Wildfires

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    The increasing frequency of disastrous wildfires, like those that recently occurred in California, presents a set of complex challenges for the construction industry, including regulatory hurdles and supply chain disruptions that can complicate rebuilding efforts, say attorneys at Cozen O'Connor.

  • What 2nd Trump Admin Means For Ship Pollution Compliance

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    As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.

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