Public Policy

  • September 25, 2025

    Pa. Justices Say Gov't Must Show Proof Of 'High-Crime Areas'

    The Pennsylvania Supreme Court on Thursday ruled that police detention of a person based in part on their presence in a "high-crime area" must be supported by proof that the area is actually high in crime, but declined to create strict rules or tests to make that designation.

  • September 25, 2025

    Pa. Justices Allow Utilities To Deny Rivals' Billing For Add-Ons

    Electricity distributors in Pennsylvania can apply add-ons to their customers' bills for things like smart thermostats, line insurance and tree trimming while denying the same "on-bill billing" service to third-party electricity providers, the state Supreme Court ruled Thursday.

  • September 25, 2025

    6th Circ. Rejects GOP's Challenge To Michigan Voter Rolls

    The Sixth Circuit rejected the Republican National Committee's bid to purge ineligible voters from Michigan's voter rolls on Thursday, finding the party lacked standing.

  • September 25, 2025

    Disney Shareholders Demand Docs Over Kimmel Suspension

    A group of Disney shareholders is demanding to inspect various company books and records related to the decision to suspend "Jimmy Kimmel Live!," saying the company may have put "improper political or affiliate considerations" over stockholder interests.

  • September 25, 2025

    Pa. Justices Reject 'Key Witness' Test In Forum Swap

    The Pennsylvania Supreme Court ruled Thursday that litigants shouldn't have to prove that out-of-town witnesses are "key" to their case to get a suit moved to a more convenient forum for them, unwinding a lower court's finding that raised the bar for seeking a "forum non conveniens" transfer.

  • September 25, 2025

    Texas Wins Remand Of PFAS Lawsuit Targeting 3M, Corteva

    A Texas federal judge has remanded the state's lawsuit alleging that chemical companies including 3M Co. marketed and sold products like Teflon, Stainmaster and Scotchgard despite being aware of the toxicity of the forever chemicals within them.

  • September 25, 2025

    Pa. High Court Backs Two-Lab Rule For Medical Pot Products

    The Pennsylvania Supreme Court on Thursday upheld a state rule requiring medical marijuana businesses to test their products at two separate laboratories, finding that the state law's emphasis on public safety empowered regulators to impose the requirement.

  • September 25, 2025

    Sens. Renew Bipartisan Push To Fund Schools On Federal Lands

    A group of U.S. senators have reintroduced legislation that would increase funding over a five-year period from the U.S. Department of Education's Impact Aid program for public schools located on federal lands.

  • September 25, 2025

    AstraZeneca Asks High Court To 'Unscramble' Drug Price Law

    As legal losses pile up for drug manufacturers in their fight to overturn the Medicare Drug Price Negotiation program, pharma giant AstraZeneca is asking the U.S. Supreme Court to decide if the program infringes on its constitutional rights. 

  • September 25, 2025

    Unions' Challenge To Trump Resignation Program Tossed

    A Massachusetts federal judge shut the door on three unions' suit to block the president's deferred resignation program, saying the groups' challenge belongs before the agencies Congress created to handle federal personnel disputes.

  • September 25, 2025

    CSX Says Biz Owner Rehashing Claims In Rail Crossing Suit

    Railroad company CSX Transportation Inc. has asked a Pennsylvania federal court to permanently ax a local business owner's request for punitive damages amid a dispute over access to a railroad crossing, arguing the owner is repeating claims the court already rejected.

  • September 25, 2025

    Feds Hit With Suit Over Warrantless Immigration Arrests In DC

    A group of D.C. residents and an immigrant rights organization sued the Trump administration Thursday over mass warrantless immigration arrests in the city, alleging they were carried out without probable cause, including individualized assessments of immigration status or flight risk.

  • September 25, 2025

    Accounting Firm Drops Case Over PCAOB's In-House Courts

    A lawsuit challenging the constitutionality of the Public Company Accounting Oversight Board's in-house disciplinary process appears to have come to an end on Thursday after the auditing firm that filed it agreed to settle with the board earlier this week.

  • September 25, 2025

    NJ Panel Tosses Suit Over West Windsor Industrial Project

    A New Jersey appellate court on Thursday backed the permanent dismissal of a suit filed by two West Windsor residential property owners over the township's approval of a zoning ordinance for a more than 5 million-square-foot commercial and industrial project.

  • September 25, 2025

    DC Circ. Backs Whistleblower In IRS Award Dispute

    A whistleblower who received millions of dollars in awards for helping the IRS nab prominent Wall Street firms that helped offshore hedge funds evade taxes was wrongly blocked from receiving millions more, the D.C. Circuit ruled.

  • September 25, 2025

    Pa. Justices Affirm Pittsburgh's 'Jock Tax' Is Unconstitutional

    Pittsburgh's 3% fee imposed on the income of nonresident professional athletes is unconstitutional and violates the state's uniformity clause, the Pennsylvania Supreme Court affirmed Thursday.

  • September 25, 2025

    Feds Want USPTO Union Suits Over Trump Order Reassigned

    The Trump administration has asked for two cases from labor unions that represent employees of the U.S. Patent and Trademark Office and other agencies challenging an executive order that ended their collective bargaining rights to be reassigned to different judges, saying the cases in D.C. federal court are unrelated to other suits challenging the order.

  • September 25, 2025

    Broadcasters Ask FCC To Junk Radio Ownership Caps

    The broadcast industry, after convincing a court this year to jettison some local TV ownership limits, is trying to convince the Federal Communications Commission that it's also time for radio ownership caps to go.

  • September 25, 2025

    AI-Created Attack Video Among Threats Facing State Judges

    State judges sounded the alarm Thursday over "disturbing" threats leveled against them and fellow jurists across the country, from unsolicited pizza deliveries to an artificial intelligence-generated video of a jurist being murdered with a hatchet.

  • September 25, 2025

    EU, US Trade Officials Meeting On Tariff Deal

    In advance of a meeting Thursday between European and U.S. trade officials, European Commission trade spokesman said discussion topics could include possible rate reductions and tariff exemptions for additional goods under an evolving bilateral framework trade agreement.

  • September 25, 2025

    Pence Group Backs 7th Circ. Pick Attacked By Conservatives

    Former Vice President Mike Pence's organization has come out in support of Seventh Circuit nominee Rebecca Taibleson following attacks against her from other conservative groups.

  • September 25, 2025

    Fla. Atty Vacancy Proposal Draws Support Amid Bar Criticism

    A proposal to allow out-of-state lawyers to work in Florida state government has drawn support this month from the governor's office and associations of prosecutors and public defenders, while the Florida Bar believes the proposal violates the state constitution.

  • September 25, 2025

    Texas College Admins Must Face Drag Show Free-Speech Suit

    A Texas federal judge said two West Texas A&M University administrators must face a free speech suit a student group brought over the cancellation of an on-campus drag show and the likely cancellation of any future show.

  • September 25, 2025

    Western NC Fed. Judge Nominee Would Break Gender Barrier

    If U.S. Magistrate Judge Susan Rodriguez is confirmed by the U.S. Senate Judiciary Committee, she will be one step closer to becoming the first woman to serve as an Article III district court judge in the 153-year history of the Western District of North Carolina.

  • September 25, 2025

    Judge Says NY Discharge Law Usurps Feds' Nuclear Authority

    A federal judge has ruled that a New York law barring the release of radioactive materials into the Hudson River — which was passed in response to the decommissioning of the Indian Point Energy Center nuclear plant — infringed on the federal government's oversight of nuclear safety.

Expert Analysis

  • Lessons Learned 3 Years After First CCPA Enforcement Action

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    Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.

  • Utility Agency Suits May Rise As Calif. Justices Nix Deference

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    A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • How Tariffs Can Affect Event Studies In Securities Litigation

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    When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.

  • A Look At Robinson-Patman Enforcement In The MLM Industry

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    The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.

  • A Former PTAB Judge Weighs The End Of Remote Hearings

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    Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.

  • How Proposed FAA Rule May Streamline Drone Operations

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    The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.

  • What To Expect From 401(k) Plan Alternative Assets Order

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    The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.

  • The Future Of Lab-Test Regs After FDA Rescinds Rule

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    The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.

  • How AI Is Easing Digital Asset Recovery In Fraud Cases

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    In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.

  • Fleeing Or Just Leaving Quickly? 2nd Circ. Says It Depends

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    The Second Circuit’s recent U.S. v. Bardakova decision adopted a new approach for determining whether a defendant who commits a crime in the U.S., and then leaves and remains abroad, intends to avoid prosecution — making it more difficult to argue against the fugitive disentitlement doctrine in most cases, say attorneys at MoloLamken.

  • Sanctions Considerations For Reentering The Syrian Market

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    Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • Despite SEC Reset, Private Crypto Securities Cases Continue

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    While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.

  • State AGs Are Turning Up The Antitrust Heat On ESG Actions

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    Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.

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