Public Policy

  • April 22, 2025

    Fed's Buffer Plan Marks Start Of Stress Test Reform 'Journey'

    The Federal Reserve entered a new era last week with a proposal to smooth out fluctuations in a key capital requirement for big banks, making an opening move toward what industry experts see as potentially much bigger stress-testing reforms on the horizon.

  • April 22, 2025

    International Trade Court Won't Block Tariffs In Small Biz Case

    The U.S. Court of International Trade on Tuesday declined to issue a temporary restraining order blocking President Donald Trump's tariffs against a group of five small businesses based in various states, finding that the businesses weren't facing "immediate and irreparable harm" while the court considers their case.

  • April 22, 2025

    Venezuelan Deportation Ban Extended Amid Due Process Fears

    A Manhattan federal judge on Tuesday extended a temporary ban on the deportation of purported Venezuelan gang members targeted for removal by the Trump administration, saying the detainees must be provided with adequate notice and an opportunity to bring a legal challenge against their removals.

  • April 22, 2025

    ChatGPT Exec Says Google Data Access Could Aid Rival AI

    The head of product for OpenAI's ChatGPT vouched Tuesday for the Justice Department's proposal to force Google to produce search data to rivals, telling a D.C. federal judge the suggested remedy for Google's monopolistic conduct could accelerate development of a tool capable of competing directly with Google search.

  • April 22, 2025

    Trump Appointees Raise Eyebrows At Trans Troop Ban

    Despite a panel made mostly of Trump appointees, the D.C. Circuit seemed skeptical Tuesday morning as it heard out the government's argument for why it should be allowed to implement its ban on transgender troops in the military while litigation challenging that policy plays out.

  • April 22, 2025

    Kan. Tribe Fights Sheriff's Authority In Tribal Jurisdiction Suit

    The Prairie Band Potawatomi Nation is disputing a county sheriff's bid in Kansas federal court to toss the Native American tribe's latest complaint in its suit claiming that he has repeatedly overstepped his authority by interfering with activities on reservation land.

  • April 22, 2025

    Florida Accuses Snap Of Violating New Kids Social Media Law

    Florida's attorney general hit Snap Inc. with a lawsuit in state court on Monday, accusing the social media giant of violating the Florida Deceptive and Unfair Trade Practices Act by allowing illicit content to run rampant on Snapchat. The office demanded that Snap comply with a new state law banning children under 13 from such platforms.

  • April 22, 2025

    Judge Prods DOJ For Proof Of Bias In Colo. Clerk Prosecution

    A Colorado federal judge on Tuesday was dubious of the state's claim that a statement of interest filed by the U.S. Department of Justice in a convicted county clerk's habeas case amounts to a "threat" against state prosecutors and the rule of law, but pressed the federal government on whether it has evidence state prosecutors were politically motivated.

  • April 22, 2025

    Instagram Founder Says Meta 'Starved' Co. After Acquisition

    During testimony in the Federal Trade Commission's monopoly case against Meta on Tuesday, the founder of Instagram said his company was "starved" after being acquired by Facebook as Mark Zuckerberg grappled with "a lot of emotion" over Instagram siphoning users away from its parent company's flagship platform.

  • April 22, 2025

    Audit Finds Calif. Universities' Repatriation Efforts Still Slow

    The University of California system, despite years of demands for compliance to a federal law designed to protect Indigenous burial sites, still lacks accountability and urgency to return to tribes the thousands of Indigenous remains and artifacts in its collections, according to a state audit on the process.

  • April 22, 2025

    Wind Farm Work Stoppage Raises Energy Project Risks

    The Trump administration's recent move to freeze construction of a federally approved offshore wind farm has energy infrastructure developers concerned that their permits may not protect them from the government pulling the plug on their projects.

  • April 22, 2025

    Minn. Sues Over Funding Threats Tied To Trans Athlete Policy

    Minnesota on Tuesday sued President Donald Trump to stop him from "bullying" transgender individuals after his administration threatened to pull federal school funding if the state does not reverse a formal opinion from its attorney general that allows children to participate in sports consistent with their gender identity.

  • April 22, 2025

    Justices Urged To Deny Jan. 6 Cops' Bid To Shield Identities

    The U.S. Supreme Court should reject an appeal from Seattle cops who joined the Jan. 6 "Stop the Steal" demonstration in D.C. and now want to stay incognito, according to a former law school student on Tuesday who sought police records identifying the officers and who said U.S. Supreme Court rules require the officers to seek relief in Washington state court. 

  • April 22, 2025

    US Intends To Proceed With Ariz. Copper Mine, Justices Told

    The U.S. government says there has been no doubt that it intends to proceed with a land exchange in Arizona for a planned multibillion-dollar copper mine, telling the U.S. Supreme Court that its recent notice of publication of a final environmental impact statement for the project does not constitute urgent review.

  • April 22, 2025

    9th Circ. Affirms Otonomo's Escape Of Calif. Car Tracking Suit

    The Ninth Circuit on Tuesday unanimously refused to revive a California man's proposed class action accusing autotech company Otonomo Inc. of surreptitiously tracking drivers' movements in violation of California privacy law, finding that a device installed in the man's BMW wasn't an "electronic tracking device" under the relevant state law.

  • April 22, 2025

    District's $59M Building Contract Void Over Undisclosed Gifts

    A state appeals court freed a West Texas school district from a suit over the termination of a $59 million construction contract, finding that the construction company didn't properly disclose multiple gifts to district employees.

  • April 22, 2025

    Wash. Appeals Panel Revives State Patrol Commute Pay Suit

    Washington state troopers can sue their employer directly in superior court over alleged minimum wage violations before exhausting the grievance process under collective bargaining agreements, an Evergreen State appellate court said Tuesday, distinguishing the challenged policies from the union contracts.

  • April 22, 2025

    Reporters Extend Block On Plan Threatening Voice Of America

    A D.C. federal judge on Tuesday extended an earlier order blocking the Trump administration from dismantling the agency that oversees Voice of America, saying the coalition of journalists, unions and a reporter advocacy group seeking the preliminary injunction demonstrated the likelihood of "irreparable harm" absent the relief.

  • April 22, 2025

    CFPB Waves White Flag In Prepaid Rule Fight With PayPal

    The Consumer Financial Protection Bureau has abandoned its D.C. Circuit defense of a rule that subjected Venmo-style digital wallets to some of the same fee disclosure requirements as reloadable prepaid cards, walking away from an appeal of PayPal's legal challenge to the regulation.

  • April 22, 2025

    CFTC Wants Input On 24/7 Trading, Perpetual Contracts

    The U.S. Commodity Futures Trading Commission is asking the public for feedback on how it should address the availability of 24-hour trading as well as so-called perpetual derivatives that are sometimes used to speculate on the price of cryptocurrencies.

  • April 22, 2025

    Trump Admin Fights Groups' Bid To Stop Library Agency Cuts

    The Constitution vests President Donald Trump with the authority to reduce the size of the agency that disburses grants to U.S. libraries, the Trump administration told a Washington, D.C., federal judge, opposing two groups' attempt to reverse recent cuts to the Institute of Museum and Library Services.

  • April 22, 2025

    Panel Unsure If Suspension For Off-Campus Arrest Holds Up

    A Washington appellate court panel on Tuesday asked if Washington State University had the authority to suspend a student charged with conspiracy to riot at an off-campus Pride parade, with one judge questioning if an anonymous tip was too speculative to launch a student conduct probe.

  • April 22, 2025

    Kalshi, Crypto.com Fight Md. Regulator On Sports Contracts

    Trading platform KalshiEx LLC and the derivatives platform owned by Crypto.com have each sued Maryland gaming regulators for allegedly preempting federal authority with directives to shut down sports event contracts the agency contends are unregistered wagers.

  • April 22, 2025

    Insurer Says No Coverage For $668K Housing Funds Dispute

    An insurer says it owes no coverage to a low-income housing nonprofit in an underlying dispute involving a Washington county that seeks to claw back nearly $668,000 that was allegedly paid out to ineligible recipients.

  • April 22, 2025

    Michigan Panel Remands Pot Cos.' Secret Meetings Suit

    A suit challenging a Michigan city's cannabis licensing program should get a new airing at trial court, a state appellate court ruled Monday, saying the lower court erred by finding that the cannabis selection committee was not a "public body" subject to the state's Open Meetings Act.

Expert Analysis

  • What To Expect From 'Make America Healthy Again' Actions

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    The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.

  • Texas Banking Dept. Memo Demystifies Crypto Classifications

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    A recent memorandum from the Texas Department of Banking provides clarity with respect to the classification of both stablecoins and nonstablecoin virtual currencies under the state's Money Services Modernization Act, flagging for firms that stablecoins may be scrutinized more closely as money transmission, say attorneys at Lowenstein Sandler.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • How Citizen Petitions Have Affected Drug Competition

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    In light of recent citizen petitions and proposed legislation regulating such petitions, Omar Robles at Managing Health analyzes the statistics of the extent to which citizen petitions have been filed, and to what extent they have delayed competition in prescription pharmaceuticals.

  • Texas Fraud Case Shows Dangers Of Faulty Crypto Reporting

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    The recent sentencing of a man who failed to properly report capital gains from bitcoin sales is a reminder that special attention must be given to the IRS' reporting requirements in order to stay out of the government's crosshairs, says Saverio Romeo at Fox Rothschild.

  • Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap

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    If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Justices' TikTok Ruling May Pose Threat To Online Expression

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    The U.S. Supreme Court's recent landmark ruling upholding a federal law mandating TikTok's forced divestiture in the name of data security may embolden digital censorship agendas worldwide, says IP lawyer Bahram Jafari.

  • Suggestions For CFTC Enforcement's New Leadership

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    The recent change in leadership at the U.S. Commodity Futures Trading Commission presents an opportunity to reflect on past practices and consider opportunities for improvement at the commission's Enforcement Division, including in observing precedent and providing greater enforcement transparency, say attorneys at Clifford Chance.

  • What SDNY Judge Can And Can't Do In Adams Case

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    The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.

  • Assessing PE Risk After Mass. False Claims Act Amendments

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    A law recently passed in Massachusetts amends the commonwealth's False Claims Act by dramatically expanding potential liability for private equity firms and investors, underscoring the importance of robust diligence and risk assessments for private equity firms conducting transactions in the commonwealth, say attorneys at Gibson Dunn.

  • How Crypto Firms Should Approach Patchwork Of State Laws

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    The Money Transmission Modernization Act was designed to create uniformity across state digital regulations, but the reality remains far from consistent — as demonstrated by the patchwork of laws in states like Texas, Vermont, New York and California — so as state legislatures convene in the coming weeks, crypto firms should watch closely for developments that could shape the regulatory landscape, say attorneys at Paul Hastings.

  • A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

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    Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

  • The Current And Future State Of Bank-Fintech Partnerships

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    Though the Consumer Financial Protection Bureau under President Donald Trump seems likely to cultivate an environment friendlier to the financial services industry, bank-fintech partnerships should stay devoted to proactive compliance and be ready to adapt to regulatory shifts that may intensify scrutiny from enforcers, say attorneys at Greenberg Traurig.

  • Chancery Ruling Holds Authorized Share Takeaways For Cos.

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    The Delaware Chancery Court’s recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.

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