Public Policy

  • September 17, 2025

    Retired Judges Speak Out On 'Threats' To Constitution

    More than 40 retired federal judges appointed by presidents of both parties released an open letter Wednesday, the anniversary of the signing of the Constitution, saying they sought to underscore the importance of the rule of law at a time when the nation's ideals "are under historic strain."

  • September 16, 2025

    Calif. Gov. Taps Consultancy Exec For Privacy Agency Board

    A business executive and consultant with "extensive leadership experience" in data privacy and corporate governance has been picked to sit on the five-member board that governs the California Privacy Protection Agency, the regulator said Monday. 

  • September 16, 2025

    Dr.'s COVID Falsehoods Are Free Speech, Wash. Panel Says

    A Washington state appeals court unanimously ruled Tuesday that the Washington Medical Commission overstepped its authority by punishing a doctor for COVID-19 falsehoods he published to his blog, but affirmed the commission's decision to discipline him for prescribing ivermectin to COVID-19 patients.

  • September 16, 2025

    Okla. Town Looks To Toss Tribe's Casino Utility Dispute

    Hinton, Oklahoma, is looking to toss a lawsuit by the Delaware Nation claiming the town illegally threatened to cut off municipal utility services to a tribal casino after an agreement expired, telling a federal court Tuesday that it doesn't have jurisdiction because the controversy is local.

  • September 16, 2025

    'It's Confidential': Judiciary Chair Mum On Court System Strife

    The federal judiciary's leaders heard sharp criticism at a private meeting Tuesday regarding the U.S. Supreme Court's increasing willingness to block lower court decisions, according to remarks released publicly, and one of those leaders subsequently deflected requests for details during an official briefing.

  • September 16, 2025

    DOJ Fights Court Order To Reinstate NCUA Board Members

    The Trump administration has told the D.C. Circuit that the president had the right to remove two National Credit Union Administration board members at will, and that a lower court was wrong to reinstate them and read extra job protections into the law.

  • September 16, 2025

    NC Justices Hear Clash Over Property Compensation Suits

    Landowners' cases challenging their payouts for seized property threaten to upend North Carolina's jurisprudence, bury it in litigation and overly inflate damages owed if lower courts' rulings are left undisturbed, the state's Supreme Court was told Tuesday.

  • September 16, 2025

    Strip Club Execs Accused Of Bribing Auditor With Lap Dances

    Executives of strip club operator RCI Hospitality Holdings Inc. bribed a tax auditor for more than a decade to avoid paying $8 million in New York City sales taxes, providing him free trips to Florida strip clubs and expensive lap dances, the state of New York alleged Tuesday.

  • September 16, 2025

    Texas Judge Denies TRO To Stop City Raids On Hemp Shop

    A Texas city doesn't have to return $400,000 in cannabis products it took from a smoke shop during a raid that the retailers claim leaned on faulty THC testing and false information, a federal judge ruled Wednesday, saying it is inappropriate for him to intervene in an ongoing state court criminal case.

  • September 16, 2025

    Ky. Judge Backs Fed's Debit-Fee Cap In Split With ND Ruling

    A Kentucky federal judge on Monday upheld a Federal Reserve Board cap on debit-card swipe fees that a local merchant challenged as overly generous to banks, breaking with a North Dakota federal court that recently rejected the same regulation.

  • September 16, 2025

    Conn. Bars Masked Agents, Warrantless Arrests In Its Courts

    State and federal law enforcement officers are barred from wearing face masks or making warrantless arrests in Connecticut state courts under a policy that took effect Tuesday.

  • September 16, 2025

    Texas AG Probes Glass Lewis, ISS On ESG Advice

    The Texas Office of the Attorney General launched an investigation into Glass Lewis & Co. and Institutional Shareholder Services Inc., claiming Tuesday the proxy advisory firms misled public companies and institutional investors to push for left-wing social causes.

  • September 16, 2025

    Mich. Judge Mulls Legislative Purpose Of Ballpark Earmarks

    A Michigan judge deciding whether to halt the disbursement of state budget funds earmarked for two minor league baseball stadiums said Tuesday he was hung up on how to determine if the spending was intended for a local or general purpose.

  • September 16, 2025

    Coinbase Asks DOJ To Push For Preemption In Crypto Bills

    Crypto exchange Coinbase has asked the U.S. Department of Justice to advocate for limiting states' authority to regulate the digital asset space in pending crypto market structure legislation, as Coinbase itself continues to battle state actions and navigate disparate licensure regimes.

  • September 16, 2025

    FTC Ends Director Overlap In Healthcare Space

    The Federal Trade Commission said three members of Sevita Health's board of directors resigned after enforcers flagged an overlap with the board of a competing provider of specialty healthcare for people with intellectual and developmental disabilities.

  • September 16, 2025

    NC Tells 4th Circ. New E-Cig Regs Fit With Federal Law

    The state of North Carolina is asking the Fourth Circuit to shut down a bid by vaping interests to block a new law giving state tax officials the ability to fine companies for selling vapes not authorized by federal regulators, saying the authority to do so is preserved by the Family Smoking Prevention and Tobacco Control Act.

  • September 16, 2025

    White House Fights Seattle's Bid To Block DEI Grant Rules

    The Trump administration on Tuesday called on a Washington federal judge to let it proceed with federal grant conditions forcing recipients to drop efforts related to diversity and "gender ideology," contending that Seattle is challenging the terms based on mere speculation that the city may one day be targeted for "hypothetical noncompliance."  

  • September 16, 2025

    DOE Asks Judge To Pull Plug On States' Cost Cap Suit

    The U.S. Department of Energy has asked an Oregon federal judge to toss a New York-led lawsuit challenging a new policy that would cap certain overhead costs under energy assistance awards, arguing the change falls within its discretionary authorities.

  • September 16, 2025

    Trump Admin Says Judge Can't Protect Agency Union Pacts

    If six federal agencies accept President Donald Trump's invitation to cancel their union contracts, a D.C. federal judge cannot intervene, the Trump administration has argued, claiming that the unions must bring their fight to protect the contracts to a federal labor-management relations agency, not a judge.

  • September 16, 2025

    Ex-Officials Say Harvard Visa Ban Will Hurt US Security

    Twenty-one former senior national security officials urged the First Circuit on Monday to uphold an injunction letting Harvard enroll international students on F-1 visas, saying the administration's attempt to bar the university from doing so is retaliatory and will drive foreign talent away.

  • September 16, 2025

    'Incurably Premature': Suit Over Alleged EB-5 Rule Tossed

    A Seattle federal judge on Monday tossed an immigrant investor's lawsuit challenging an allegedly arbitrary action that resulted in U.S. Citizenship and Immigration Services revoking her visa petition, saying she could not sue since she did not first exhaust administrative remedies.

  • September 16, 2025

    Federal Court Reporter Beats Transcript Omission Claim

    A court reporter for an Illinois federal judge Tuesday defeated a lawsuit brought by a pro se plaintiff alleging she failed to transcribe part of a hearing and left out statements that would be damaging to the judge in an underlying employment dispute.

  • September 16, 2025

    FCC Tells 1st Circ. It Will Revamp Prison Phone Caps In Oct.

    The First Circuit has declined to hold off a court challenge to the Federal Communications Commission's recently adopted prison phone rate caps despite the agency saying it plans to rework the rules in October.

  • September 16, 2025

    DC Circ. Urged To Rehear EPA's HFC Market Allocation Case

    A Georgia refrigerants company is asking for another shot to challenge the U.S. Environmental Protection Agency's implementation of a 2020 law mandating an 85% reduction in hydrofluorocarbon consumption by 2036, requesting an en banc rehearing from the D.C. Circuit after a panel unanimously rejected its challenge last month.

  • September 16, 2025

    Tax-Exempt Hospitals Face Financial Duress, Panel Hears

    The nation's nonprofit hospitals are under growing financial stress due to cutbacks in federal funding, an aging population and unnecessary spending on programs unrelated to providing healthcare to their communities, industry experts told lawmakers Tuesday at a congressional hearing.

Expert Analysis

  • Compliance Is A New Competitive Edge For Mortgage Lenders

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    So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.

  • Noncompete Forecast Shows Tough Weather For Employers

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    Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.

  • Opinion

    Privacy Bill Must Be Amended To Protect Small Businesses

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    While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.

  • Opinion

    Budget Act's Deduction Limit Penalizes Losing Gamblers

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    A provision in the One Big Beautiful Bill Act that reduces the deduction for gambling losses is unfair to professional and recreational players, risks driving online activity to offshore sites, and will set back efforts to legalize and regulate the industry, says Walter Bourdaghs at Kang Haggerty.

  • Even As States Step Up, They Can't Fully Fill CFPB's Shoes

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    The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant CFPB, say attorneys at Covington.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • The Int'l Compliance View: Everything Everywhere All At Once

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    Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.

  • Opinion

    Calif. Must Amend Trade Secret Civil Procedure

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    A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.

  • Previewing State Efforts To Regulate Mental Health Chatbots

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    New York, Nevada and Utah have all recently enacted laws regulating the use of artificial intelligence to deliver mental health services, offering early insights into how other states may regulate this area, say attorneys at Goodwin.

  • 6 Questions We Should Ask About The Trump Trade Deals

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    Whenever the text becomes available, certain questions will help determine whether the Trump administration’s trade deals with U.S. trading partners have been crafted to form durable economic relationships, or ephemeral ties likely to break upon interpretive disagreement or a change in political will, says Ted Posner at Baker Botts.

  • 'Pig Butchering' Seizure Is A Milestone In Crypto Crime Fight

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    The U.S.' recent seizure of $225 million in crypto funds in a massive "pig butchering" scheme highlights the transformative impact of blockchain analysis in law enforcement, and the increasing necessity of collaboration between law enforcement agencies, cryptocurrency exchanges and stablecoin issuers, says David Zaslowsky at Baker McKenzie.

  • Justices' Age Verification Ruling May Lead To More State Laws

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    The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.

  • The Pros, Cons Of A Single Commissioner Leading The CFTC

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    While a single-member U.S. Commodity Futures Trading Commission may require fewer resources and be more efficient, its internal decision-making process would be less transparent to those outside the agency, reflect less compromise between competing viewpoints and provide the public with less predictability, says former CFTC Commissioner Dan Berkovitz.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • How DOJ's New Data Security Rules Leave HIPAA In The Dust

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    The U.S. Department of Justice's recently effective data security requirements carry profound implications for how healthcare providers collect, store, share and use data — and approach vendor oversight — that go far beyond the Health Insurance Portability and Accountability Act, say attorneys at Nelson Mullins.

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