Public Policy

  • August 04, 2025

    9th Circ. Rejects Most Of Sodexo's ERISA Arbitration Push

    The Ninth Circuit said Monday that employers can't unilaterally change Employee Retirement Income Security Act-governed plans to require arbitration, backing the bulk of a trial court ruling that refused to throw out of court a nicotine fee lawsuit against food service company Sodexo.

  • August 04, 2025

    Enbridge Asks Judge To Block Mich. Pipeline Shutdown Order

    Energy infrastructure firm Enbridge has told a federal court that Michigan's efforts to shut down a U.S.-Canada pipeline are preempted by federal law, while the state urged the court to drop or stay the case because of a parallel state court action that is teed up for U.S. Supreme Court review. 

  • August 04, 2025

    Hemp Org. Applauds Removal Of Ban From Spending Bill

    A national hemp industry trade organization on Monday said it was grateful for the removal of language from a Senate appropriations bill that would have banned consumable hemp-derived products with psychoactive THC.

  • August 04, 2025

    EU Postpones Tariffs To Finalize US Trade Agreement

    The European Union will delay planned trade countermeasures for the next six months, including tariffs on over €93 billion ($107.6 billion) of U.S. goods entering the bloc, as the EU and U.S. work toward implementing the framework trade deal agreed to last week, a spokesperson for the European Commission said Monday.

  • August 04, 2025

    Google Says Term Limits Only Needed For Some Search Fixes

    Google told the D.C. federal court overseeing the government search monopolization case that there is no need to put a one-year term limit on its default search agreements with Android device manufacturers and wireless carriers because they are not exclusive.

  • August 04, 2025

    Chemical Group Says Fluoride Judge Got It Wrong

    The American Chemistry Council told the Ninth Circuit that a California federal judge who ruled that current limits on fluoride in drinking water aren't protective enough misinterpreted the Toxic Substances Control Act and urged reversal of his decision.

  • August 04, 2025

    DOJ Defends IRS-ICE Data Sharing Pact In DC Circ.

    The D.C. Circuit should reject four immigrant advocacy groups' push to prevent the IRS from disclosing confidential tax return information to immigration enforcement authorities, the government said Monday, arguing there's no concrete evidence that the information sharing will harm the groups' members.

  • August 04, 2025

    Trump Admin To Test $15K Visa Bond For Some Visitors

    The U.S. Department of State on Monday unveiled a 12-month pilot program that will require noncitizens seeking tourist or business visas from countries with high rates of visa overstays to post a bond of up to $15,000 to obtain a visa.

  • August 04, 2025

    Fla. Tribe Joins Suit Over 'Alligator Alcatraz' In Everglades

    A Florida tribe has joined green groups in hitting Homeland Security Secretary Kristi Noem and state officials with environmental claims that the immigration detention center known as "Alligator Alcatraz" constructed in the Everglades violates a slew of federal statutes.

  • August 04, 2025

    Mississippi Judge Won't Explain TRO Errors In Suit Over DEI

    A Mississippi federal judge won't explain how his decision pausing enforcement of a state law barring diversity, equity and inclusion in public schools contained nonexistent allegations, wrongly identified plaintiffs and defendants and quoted terms that don't appear in the legislative text, ruling that the court isn't obligated to do so.

  • August 04, 2025

    FinCEN Urges Industry To Stay 'Vigilant' On Crypto ATM Fraud

    The U.S. Department of the Treasury's Financial Crimes Enforcement Network on Monday cautioned about rising fraud involving crypto ATMs, saying criminals are increasingly using the kiosks to launder money and scam vulnerable consumers, especially seniors.

  • August 04, 2025

    DC Circ. Upholds FCC's Foreign Sponsorship Rule

    The D.C. Circuit upheld the Federal Communications Commission's 2024 foreign sponsorship disclosure rule for broadcasters Friday, rejecting arguments that the rule violated First Amendment speech protections and even reprimanding the premature leaking of nonpublic rulemaking details to broadcasters, calling the process a "new low" of industry capture.

  • August 04, 2025

    DOJ Fights Md. Judges' Bid To Ax Suit Over Habeas Orders

    The Department of Justice is standing by its lawsuit challenging a standing order in the District of Maryland that temporarily blocks the deportation of detained noncitizens who file habeas petitions, saying a recent dismissal bid misses the mark because "even a small delay" is "irreparable harm to sovereign interests."

  • August 04, 2025

    Moderna Seeks To Be Cleared In $5B COVID Vax Patent Case

    Moderna has urged a Delaware federal judge to clear it in a rival mRNA developer's $5 billion patent suit over the company's COVID-19 vaccines, saying it is shielded because it made them for the federal government.

  • August 04, 2025

    Conn. Justices Block Rehab Center's Bid To Halt Rival Permit

    A northwestern Connecticut drug rehabilitation facility lacks standing to challenge the state Department of Public Health's approval of a small-town rival's permit, the Connecticut Supreme Court ruled Monday, holding that a statute does not require regulators to consider effects on local competition when OK'ing new healthcare facilities.

  • August 04, 2025

    EU Court To Hear Digital Nomad Case Against VAT Rules

    A European Union court will hear the case of an online short-term rental company against the bloc's deemed supplier rules for value-added tax on the grounds that the provisions disadvantage the industry, according to a notice issued Monday.

  • August 04, 2025

    Lawmakers Jumpstart Work On Telecom Subsidy Reform

    A working group of U.S. senators focused on reforms to the nation's telecommunications subsidy system has started gathering the public's views on legislation.

  • August 04, 2025

    Texas Bill Seeks Lower Voter-Approval Property Tax Rate

    Texas would reduce its voter-approval property tax rate, or the rate that a local government unit may adopt without voter approval, for large taxing units under a bill introduced in the state Senate.

  • August 04, 2025

    DuPont Inks $2.5B Deal With NJ Over PFAS Pollution

    E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.

  • August 02, 2025

    9th Circ. Backs Limits On ICE Immigration Sweeps In LA

    The Ninth Circuit preserved most of a district court's temporary block on the Trump administration making immigration arrests in the Los Angeles area without probable cause, rejecting the government's request for a stay during its appeal.

  • August 01, 2025

    States Can't Block Trump Admin's Cuts To Science Grants

    A Manhattan federal judge on Friday rejected a request from 16 states to block the Trump administration from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.

  • August 01, 2025

    9th Circ. Lifts Order Halting Trump From Curbing Fed Unions

    The Ninth Circuit on Aug. 1 granted the Trump administration's bid to halt an injunction blocking enforcement of President Donald Trump's executive order axing labor contracts covering agencies with "national security" aims, saying in a published opinion that the government was likely to succeed against six unions' First Amendment retaliation claim.

  • August 01, 2025

    NC Man Warns Justices Of 'Odor Alone' Pot-Search Dangers

    A North Carolina man who pled guilty to firearms charges after police found a weapon in his vehicle after smelling cannabis is urging the state's Supreme Court to find that the odor alone is not enough to establish probable cause, saying the current state of the law means anyone carrying state-legal hemp effectively gives up their Fourth Amendment right to be free of unreasonable searches.

  • August 01, 2025

    IP Owners Largely Win In Stewart's Newest Discretion Orders

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart dismissed most of the 50 petitions for inter partes review addressed in her latest decisions over discretionary denials at the Patent Trial and Appeal Board.

  • August 01, 2025

    NJ Court Will Mull Legality Of Habba's US Atty Appointment

    If Alina Habba was illegally appointed acting U.S. attorney in New Jersey, a pair of defendants in a drug trafficking case are not entitled to dismissal of the indictment, but it "appears appropriate" that Habba would be barred from prosecuting them, a federal judge ruled Friday.

Expert Analysis

  • Examining TCPA Jurisprudence A Year After Loper Bright

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    One year after the U.S. Supreme Court overturned Chevron deference in Loper Bright v. Raimondo, lower court decisions demonstrate that the Telephone Consumer Protection Act will continue to evolve as long-standing interpretations of the act are analyzed with a fresh lens, says Aaron Gallardo at Kilpatrick.

  • Opinion

    State Bars Must Probe Misconduct Claims, Even If It's The AG

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    The Florida Bar’s recent refusal to look into misconduct allegations against Attorney General Pam Bondi is dangerous for the rule of law, and other lawyer disciplinary bodies must be prepared to investigate credible claims of ethical lapses against any lawyer, no matter their position, say attorneys James Kobak and Albert Feuer.

  • New FCPA Guidance Creates 5 Compliance Imperatives

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    In light of new Foreign Corrupt Practices Act guidelines that mark a fundamental shift in enforcement priorities, companies should consider several specific steps to ensure compliance, from enhanced due diligence to robust whistleblower protections, says Andrew Wirmani at Reese Marketos.

  • How Justices' Ruling Limits Options To Challenge DHS Orders

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    In Riley v. Bondi, the U.S. Supreme Court recently ruled that a 30-day deadline for challenging deportation orders begins when the U.S. Department of Homeland Security issues a final administrative review order, opening the door for the government to effectively bar circuit court review in future similar cases, says Kevin Gregg at Kurzban Kurzban.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Employer Tips As Deepfakes Reshape Workplace Harassment

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    As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.

  • SEC Proposal Could Hurt Foreign Issuers' US Market Access

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    The U.S. Securities and Exchange Commission’s June call for feedback on potentially narrowing how it designates foreign private issuers of securities could ultimately result in significant new barriers for traders that rely on FPI accommodations to participate in U.S. markets, say attorneys at Gibson Dunn.

  • State, Fed Junk Fee Enforcement Shows No Signs Of Slowing

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    The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.

  • Federal Regs Order May Spell Harsher FDCA Enforcement

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    A recent executive order aimed at reducing criminal prosecutions of those who unknowingly violate complex federal regulations may actually lead to more aggressive felony indictments under the Federal Food, Drug and Cosmetic Act, but companies and executives can mitigate risks by following several key principals, say attorneys at McGuireWoods.

  • DOJ's 1st M&A Declination Shows Value Of Self-Disclosures

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    The U.S. Department of Justice's recent decision not to charge private equity firm White Deer Management — the first such declination under an M&A safe harbor policy announced last year — signals that even in high-priority national security matters, the DOJ looks highly upon voluntary self-disclosures, say attorneys at Perkins Coie.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • New Laws Show How States Are Checking AI Developers

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    Recent state consumer protection legislation shows Utah, Colorado and Texas are primed to impose controls on artificial intelligence, and exemplifies the states' unwillingness to accord strong deference to developers and deployers of AI tools, say attorneys at Polsinelli.

  • Nev. Steps Up Efforts To Attract Incorporations With New Law

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    Recent amendments to Nevada corporate law, which will narrow controlling stockholders’ liability, streamline mergers and allow companies to opt out of jury trials, show the interstate competition to attract new and reincorporating companies is still heating up, say attorneys at Simpson Thacher.

  • Birthright Opinions Reveal Views On Rule 23(b)(2) Relief

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    The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.

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