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Public Policy
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May 13, 2025
Schumer Vows To Hold Up Trump's DOJ Noms Over Qatari Jet
Senate Minority Leader Chuck Schumer, D-N.Y., said Tuesday that he has placed a hold on all of President Donald Trump's U.S. Department of Justice nominees due to Trump's plans to accept a $400 million private jet from the Qatari royal family.
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May 13, 2025
Attys Push 11th Circ. To Weigh Judge Shopping Sanctions
The Eleventh Circuit can hear three attorneys' appeal of sanctions against them for judge shopping during their legal challenge to an Alabama law criminalizing gender-affirming care, because the underlying case was dismissed, making the jurisdictional question moot, two of those lawyers told the appellate court.
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May 13, 2025
Snubbing Migrant Law Order Isn't Contempt, Fla. AG Says
Florida's attorney general has argued that he should not be held in contempt for telling law enforcement agencies he could not force them to comply with a temporary restraining order blocking enforcement of a state law criminalizing the entry of unauthorized immigrants.
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May 13, 2025
CFPB Axes Order For Toyota Unit To Pay Millions In Redress
The Consumer Financial Protection Bureau has quietly lifted a consent order with Toyota's U.S. financing arm, releasing it from "any alleged noncompliance" with the order — including requirements that called for it to return nearly $42 million to consumers.
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May 13, 2025
6th Circ. Demands New Atty Fee Calculation In Property Row
The Sixth Circuit has agreed that the state of Michigan and one of its counties are liable for attorney fees in a lawsuit alleging the county unlawfully kept proceeds from a tax-foreclosed sale, adding on Monday that the lower court must better explain why it slashed the victorious property owner's fee request.
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May 13, 2025
Menendez 'Laptop Problem' May Not Sway 2nd Circ. On Bail
The Second Circuit pushed back Tuesday on arguments by two New Jersey businessmen convicted of bribing former Sen. Bob Menendez, D-N.J., after they asked for bail pending the outcome of their appeals, with the men pointing to a laptop used by jurors that contained excluded evidence.
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May 13, 2025
Ex-FERC Chair And His Chief Of Staff Join Holland & Knight
The former chairman of the Federal Energy Regulatory Commission and his former chief of staff and legal adviser at the agency have joined Holland & Knight LLP's public policy and regulation practice in Washington, D.C., the firm announced on Tuesday.
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May 13, 2025
Justice Souter: Who He Was And How He Shaped The Law
Retired Justice David Souter died last week at age 85. Here, Law360 looks at the former U.S. Supreme Court justice's legacy — not just through his legal work, but in his mentoring of clerks and friendships with peers.
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May 12, 2025
3M Says It'll Pay $285M To End Past, Future NJ PFAS Claims
3M has agreed to shell out $285 million to put to rest environmental claims brought by New Jersey officials over purported PFAS contamination at the Chamber Works manufacturing facility in Salem County as well as statewide claims the Garden State may have in the future, according to an announcement made Monday.
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May 12, 2025
Pa. Mental Health Rejection Suits Could Rise, Atty Says
The Pennsylvania Supreme Court's recent decision to greenlight a suit accusing two hospitals of negligently rejecting a man seeking mental health treatment who later murdered his girlfriend could spark a rise in such lawsuits, one attorney warned.
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May 12, 2025
Amazon Cites FTC Take On Online Shopping Law In Prime Suit
Amazon has asked a federal court to either allow it to present evidence of the Federal Trade Commission's statements about the clarity of the Restore Online Shoppers' Confidence Act or permit it to bring the matter to the Ninth Circuit, arguing the issue must be resolved sooner rather than later.
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May 12, 2025
Feds Say Tribal Tariff Dispute Must Stay In US Trade Court
The U.S. Department of Homeland Security is fighting Montana tribal members' attempt to stop the transfer of their lawsuit challenging President Donald Trump's Canada tariff orders from federal court to the U.S. Court of International Trade, saying the CIT has exclusive jurisdiction over the case.
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May 12, 2025
'Stop Talking,' DC Judge Tells Atty For Ashli Babbitt Estate
Counsel for the estate of Ashli Babbitt received a dressing down Monday from the D.C. federal judge overseeing the wrongful death suit against the government after repeatedly interrupting her during a hearing over another attorney's claim that he's owed a slice of the settlement pie.
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May 12, 2025
Judge Blocks Oak Flat Land Transfer Until High Court Review
A federal judge has temporarily blocked the federal government from transferring an ancient Arizona Apache worship site to a copper mining company until the U.S. Supreme Court rules on the dispute, saying there is no question that the tribes would suffer irreparable harm should the move proceed.
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May 12, 2025
DC Circ. Has 'Duty To Intervene' To Protect CFPB, Union Says
A union representing employees of the Consumer Financial Protection Bureau has urged the D.C. Circuit to keep in place a lower court injunction barring the agency from stopping work and firing staff, asserting ahead of oral arguments this week that the Trump administration is trying to "place the executive branch above the law."
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May 12, 2025
GOP Sens. Urge FCC To Overhaul Media Ownership Regs
Almost two dozen Republican senators have asked the Federal Communications Commission to "modernize the FCC's broadcast ownership rules," loosening regulations to allow "local broadcasters to compete with today's media giants."
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May 12, 2025
Mass. Court Says NIH Grant Disruption Suit Is In The Right Place
A Massachusetts federal court ruled Monday that it has jurisdiction over several states' lawsuit challenging delays and cancellations of federal grant programs linked to issues they say are "disfavored" by the Trump administration, rejecting the federal government's contention that the claims instead belonged in the U.S. Court of Federal Claims.
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May 12, 2025
SEC's Atkins Outlines Crypto Policy Plans At Roundtable
U.S. Securities and Exchange Commission Chairman Paul Atkins told crypto industry participants on Monday that developing rules for digital asset markets would be a "key priority" of his chairmanship during a keynote address that promised to focus the agency's enforcement approach on fraud and manipulation.
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May 12, 2025
UAW Drops Claim Over Frozen Unemployment Benefits
The United Automobile, Aerospace and Agricultural Workers of America agreed to drop its claim that the Michigan Unemployment Insurance Agency violated an agreement to better investigate potentially fraudulent claims as long as the agency takes steps to comply with the deal.
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May 12, 2025
Feds Ask Tesla For More Info On Texas Robotaxi Launch
Federal auto safety regulators have asked Tesla Inc. for more information about its upcoming plans to launch robotaxis in Austin, Texas, and whether the company has determined that its Full Self-Driving, or FSD, automated driving technology can achieve "acceptably safe behavioral competency."
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May 12, 2025
Duke Renews Push To Duck NC Town's Climate Damages Case
A town in North Carolina can't pin the global climate crisis solely on Duke Energy Corp., the power giant argued Friday in seeking to scrap a suit accusing it of deceiving the public about the effects of climate change, saying the town's claims exceed the bounds of state law.
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May 12, 2025
DC Judge Grapples With Jurisdiction In ABA Grant Row
A D.C. federal judge wrestled with his court's jurisdiction Monday as the American Bar Association sought a court order reviving terminated federal grant funding for its Commission on Domestic & Sexual Violence.
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May 12, 2025
CFPB Eyes Reversal Of Biden-Era In-House Proceeding Rules
The Consumer Financial Protection Bureau on Monday moved to scrap rules from the Biden administration that gave the agency's director more control over in-house enforcement proceedings, a rollback that comes on the heels of President Donald Trump striking two other Biden-era rules on overdraft fees and digital payment supervision.
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May 12, 2025
Green Groups Fight Feds' Effort To Rescind Bird Protections
Environmental groups on Sunday asked a Texas federal court to reject the U.S. Fish and Wildlife Service's effort to reverse its decision to protect two populations of the lesser prairie-chicken under the Endangered Species Act.
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May 12, 2025
Deny 'ComEd Four' A 'Third Bite' At Posttrial Apple, Feds Urge
Prosecutors are asking an Illinois federal judge to disregard a former Commonwealth Edison CEO and three lobbyists' bid to use a recent U.S. Supreme Court ruling to try again to unwind their bribery convictions, arguing their motion is untimely and ignores the inapplicability of the high court's ruling, the jury instructions and "overwhelming evidence" proving their guilt.
Expert Analysis
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Running A Compliant DEI Program After EEOC, DOJ Guidance
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.
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A Closer Look At New NYSE, Nasdaq Listing Rule Changes
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.
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Opinion
GENIUS Act Can Bring Harmony To Crypto-Banking Discord
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.
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Opinion
US Reassessment Of OECD Tax Deal Is Right Move
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.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
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.
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The Path Forward For Construction Cos. After Calif. Wildfires
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.
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What 2nd Trump Admin Means For Ship Pollution Compliance
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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Know The Rules And Costs Of New Fla. Condo Inspection Law
Following the first report deadline for a structural integrity law meant to prevent disasters like the 2021 Surfside collapse, Florida condominium associations and unit owners should understand the process of conducting compliant inspections and anticipate new assessments to fund required maintenance, say attorneys at Ball Janik.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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SEC Confidential Review Process Provides Issuers Flexibility
The U.S. Securities and Exchange Commission's recently announced enhancements to the process for confidentially submitting draft registration statements will be immediately impactful for issuers seeking to access the public capital markets, and should provide more grounds to explore and plan public offerings, say attorneys at Lowenstein Sandler.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What Pending FCPA Trials Suggest About DOJ Priorities
Following President Donald Trump's executive order in February instructing the U.S. Department of Justice to temporarily pause enforcement of the Foreign Corrupt Practices Act, developments surrounding five FCPA cases already set for trial provide a glimpse into how the DOJ is attempting to navigate the situation at hand, say attorneys at Covington.
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Measuring And Mitigating Harm From Discriminatory Taxes
In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.
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How Del. Law Rework Limits Corporate Records Requests
Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.
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What Cos. Should Know About U.S. Minerals Executive Order
President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.