Public Policy

  • September 25, 2025

    Families Cite Trump In Bid To Revive Tylenol Autism Claims

    Families suing the maker of Tylenol quickly cited President Donald Trump's words this week as they pushed the Second Circuit to overturn a lower-court ruling that barred their expert witnesses from testifying that prenatal exposure to the medicine can cause autism.

  • September 25, 2025

    Conn. Cities' Insulin Pricing Suits Against PBMs Join NJ MDL

    Two Connecticut cities' civil racketeering and state trade practices law claims against insulin manufacturers Eli Lilly and Co., Novo Nordisk Inc. and Sanofi-Aventis US LLC, and pharmacy benefit managers CVS Caremark, Express Scripts and Optum Rx, have been rolled into a New Jersey multidistrict litigation proceeding.

  • September 25, 2025

    Calif. City Asks Justices To Reboot Housing Law Challenge

    The city of Huntington Beach, California, has urged the U.S. Supreme Court to revive its claims challenging state laws that require the city to build enough housing to keep up with population growth, arguing an appeals panel wrongly found the city can't bring a federal constitutional challenge against its parent state.

  • September 25, 2025

    Fed. Circ. Upholds China Tariffs From Trump's 1st Term

    The Federal Circuit on Thursday blessed a large batch of tariffs on Chinese goods installed by President Donald Trump during his first White House term, turning away a host of importers' claims that the levies had been imposed illegally.

  • September 25, 2025

    Amazon To Pay $2.5B To End FTC's Prime Claims Midtrial

    Amazon has agreed to a landmark $2.5 billion settlement to end the Federal Trade Commission's consumer protection case targeting its Prime subscription program, the commission announced Thursday, just days into what was expected to be a monthlong trial.

  • September 25, 2025

    Coalition Urges Senate To Block Bills Threatening DC Law

    More than 270 individuals and organizations, including law firms, bar associations and advocacy groups, on Thursday urged the Senate to reject two House bills that they say would usurp the judicial selection process in Washington, D.C., and the independence of D.C.'s attorney general.

  • September 24, 2025

    DC Judge Won't Reinstate IGs Over 'Obvious' Trump Violation

    A Washington, D.C., federal judge on Wednesday declined to reinstate eight inspectors general whom President Donald Trump fired without warning or rationale, finding that while it is "obvious" the president violated federal law governing the removal of inspectors general, the plaintiffs have not shown irreparable harm.

  • September 24, 2025

    'Poorly Drafted' Immigration Case Dismissal Email Withdrawn

    The Executive Office for Immigration Review on Tuesday formally withdrew an email from May that became central to litigation challenging immigration courthouse arrests and quick dismissals of removal proceedings, saying the email, although "poorly drafted," was never policy.

  • September 24, 2025

    ABA Says Trump's Firm Intimidation Policy Isn't Hypothetical

    The American Bar Association on Wednesday urged a D.C. federal court not to dismiss its suit claiming the Trump administration has launched an unconstitutional campaign of intimidation against law firms, arguing that the intimidation firms have experienced isn't hypothetical or imagined, as the government contends.

  • September 24, 2025

    Google Ad Tech Judge Ponders If Order Without Sale Is Enough

    A Virginia federal judge wondered aloud Wednesday if it's necessary to break up Google LLC's advertising placement technology business, or if she can address the monopolies targeted by the U.S. Department of Justice through a "strict set of requirements."

  • September 24, 2025

    DHS Barred From Tying Disaster Aid To Immigration Agenda

    The Trump administration unlawfully attached conditions to emergency service funding that required states to cooperate with the U.S. Department of Homeland Security's immigration enforcement, a Rhode Island federal judge ruled Wednesday, agreeing with a multistate coalition that the conditions are unconstitutional, arbitrary and capricious.

  • September 24, 2025

    Calif. Judge Urged To Reject Noem's Bid To Escape TPS Suit

    An immigrant rights group told a California federal judge that Homeland Security Secretary Kristi Noem is rehashing rejected arguments to try to escape a suit alleging she cut corners to end temporary protected status designations for Honduras, Nicaragua and Nepal.

  • September 24, 2025

    Calif. Tribes Fight State Highway Patrol Over Cannabis Raids

    The Round Valley Indian Tribes have opposed the state of California's motion to dismiss their lawsuit over what they claim are illegal cannabis raids, telling a federal judge that the bid to throw out their suit fails to prevail over the latest complaint's factual allegations.

  • September 24, 2025

    Gunmakers Ask 2nd Circ. For Another Chance At Liability Law

    The Second Circuit has been asked to reconsider its recent ruling that upheld a New York public nuisance statute allowing claims specifically against gun manufacturers that cause public harm, saying the decision flouts a federal law shielding those companies from the criminal misuse of guns.

  • September 24, 2025

    Tower Developer Linked To Menendez Ally Wants Suit Tossed

    The developer behind a disputed high-rise project — once led by a businessman convicted in the bribery scheme involving former U.S. Sen. Robert Menendez — is asking a New Jersey judge to dismiss a lawsuit brought by a neighboring municipality, arguing the case is incurably flawed.

  • September 24, 2025

    Ex-Amazon Worker Said Docs Could Lose FTC Suit, Jury Told

    An Amazon user experience researcher told a colleague in 2024 that documentation of consumers' frustration with the Prime sign-up process "will be the thing that loses the case" for the company if a Federal Trade Commission lawsuit were to reach trial, according to a message shown to a Seattle federal jury Wednesday.

  • September 24, 2025

    USPTO Touts Declining Patent Backlog, Eyes Bigger Drop

    U.S. Patent and Trademark Office officials said Wednesday that its backlog of unexamined patent applications has shrunk this year after new initiatives to reduce it were put in place, and the office has set a goal of steeper drops in the years to come.

  • September 24, 2025

    Calif. Judge Blocks Feds' Transpo, Housing Grant Conditions

    A California federal judge has blocked the Trump administration from requiring cities and local governments to follow "impermissibly vague" directives relating to immigration and diversity, equity and inclusion policies in order to receive federal transportation, infrastructure, housing and other grants that had already been appropriated by Congress.

  • September 24, 2025

    FINRA To Nix Minimum Equity Requirement For Day Traders

    The Financial Industry Regulatory Authority announced Wednesday that its board approved changes to its rules for so-called pattern day trading that would remove a minimum equity requirement for such traders.

  • September 24, 2025

    Michigan's 'Buy Local' Power Rule Shores Up Grid, Judge Told

    Michigan's utility regulator and one of the state's largest utilities have defended a requirement that power providers serving the state must source some of their electricity locally, saying in a court filing the rule helps ensure grid reliability.

  • September 24, 2025

    ACLU, Feds Spar Over Classwide Relief In Guantánamo Case

    The American Civil Liberties Union and the Trump administration filed dueling briefs on whether a D.C. federal judge can certify a class and grant classwide relief in a suit challenging the government's transfer of some detained noncitizens to Guantánamo Bay.

  • September 24, 2025

    High Court Won't Review Legality Of Wilcox, Harris Firings

    The U.S. Supreme Court has rejected former National Labor Relations Board member Gwynne Wilcox's and former Merit Systems Protection Board member Cathy Harris' requests for decisions on whether their firings were lawful, saying it will only review the legality of former Federal Trade Commissioner Rebecca Slaughter's ouster.

  • September 24, 2025

    Court Sides With Texas, Nixes Medicaid Tax Funding Rule

    The federal government improperly expanded a Medicaid funding restriction to private parties that was meant only to govern the use of state taxes to fund the health insurance program, a Texas federal court ruled Wednesday in vacating guidance from the Centers for Medicare & Medicaid Services.

  • September 24, 2025

    GAO Says Energy Dept. Must Review PFAS At Dozens Of Sites

    The U.S. Department of Energy needs to speed up its review of how forever chemicals are and have been used at its sites across the nation, the congressional watchdog agency said Wednesday.

  • September 24, 2025

    DOJ Seeks Dismissal Of Pot User's Gun Charge

    The U.S. Department of Justice wants to end its prosecution of a cannabis user charged with possession of a firearm, telling an Oklahoma federal court on Tuesday that the case is old and it's very likely that the U.S. Supreme Court will soon address the gun law at issue.

Expert Analysis

  • Crypto Custody Guidelines Buoy Both Banks And Funds

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    A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.

  • Top Takeaways From Trump's AI Action Plan

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    President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.

  • Navigating Executive Perk Enforcement Under Trump Admin

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    While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.

  • Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns

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    Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • Opinion

    8th Circ. Should Reaffirm False Commercial Speech's Nature

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    The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.

  • Unpacking Ore. Law's Limits On PE Healthcare Investment

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    A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.

  • Environmental Justice Is Alive And Well At The State Level

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    Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.

  • What FinCEN's AML Rule Delay Means For Advisers

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    Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • What Insurers Must Know About New La. Proof Of Loss Law

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    Insurers that comply with all the requirements under a Louisiana law effective this month may condition claim payments on receipt of proof of loss statements, but those that overlook even one prerequisite risk penalties and late payments, say attorneys at Phelps Dunbar.

  • Legal Jeopardy Looms Over Trump's Trade Negotiation Plans

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    Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.

  • Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal

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    After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.

  • Opinion

    Furtive Changes To Federal Health Data Threaten Admissibility

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    A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.

  • State Laws Show Uniformity Is Key To Truly Fair Bank Access

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    The lack of uniformity among state laws — including new Idaho legislation — that forbid banks from discriminating against customers based on ideology shows that a single set of federally administered fair access rules would better serve financial institutions and American consumers, say attorneys at Bradley Arant.

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