Public Policy

  • September 17, 2025

    4th Circ. Won't Revisit $9M Nurse Misclassification Ruling

    The Fourth Circuit will not reconsider a panel decision keeping in place a $9 million judgment against a medical staffing company the U.S. Department of Labor accused of misclassifying more than 1,000 nurses as independent contractors, the appeals court said.

  • 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.

Expert Analysis

  • Stablecoin Committee Promotes Uniformity But May Fall Short

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    While the Genius Act's establishment of the Stablecoin Certification Review Committee will provide private stablecoin issuers with more consistent standards, fragmentation remains due to the disparate regulatory approaches taken by different states, say attorneys at Morgan Lewis.

  • FTC's Reseller Suit Highlights Larger Ticket Platform Issues

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    Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Parsing Trump Admin's First 6 Months Of SEC Enforcement

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    The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.

  • HSR Compliance Remains A Priority From Biden To Trump

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    Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.

  • Cos. Face EU, US Regulatory Tension On Many Fronts

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    When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.

  • How EU Is Tweaking Enviro Laws After US Trade Deal

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    While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.

  • The Consequences Of OCC's Pivot On Disparate Impact

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    The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.

  • FDA Transparency Plans Raise Investor Disclosure Red Flags

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    The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.

  • Rising USCIS Denials May Signal Reverse On Signature Policy

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    Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • 2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits

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    A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.

  • How FDIC Appeals Plan Squares With Fed, OCC Processes

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    The Federal Deposit Insurance Corp.'s recent proposal to revise its appeals process merits a fresh comparison to the appeals systems of the Federal Reserve and Office of the Comptroller of the Currency, and would provide institutions with greater transparency and independence, say attorneys at Alston & Bird.

  • How GILTI Reform Affects M&A Golden Parachute Planning

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    Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.

  • SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'

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    The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.

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