Public Policy

  • June 27, 2025

    Texas Justices OK Methodist Church's Suit Against SMU

    The Texas Supreme Court found the United Methodist Church has the right to sue Southern Methodist University over its attempted split, but in a Friday opinion drew short of saying the university filed false paperwork as part of the breakup.

  • June 27, 2025

    DC Judge Asks If WH Can Pull Clearances Based On Bias

    The D.C. federal judge overseeing national security lawyer Mark S. Zaid's challenge to being stripped of his clearances had some hard questions Friday for the government's attorney, asking if President Donald Trump stripped clearances from attorneys for being Catholic meant they could judicially challenge him.

  • June 27, 2025

    Texas Justices Say Paxton Can Keep Jan. 6 Records

    The Texas Supreme Court found that Attorney General Ken Paxton does not have to cough up his communications during and after the Jan. 6, 2021, insurrection at the U.S. Capitol, saying in a Friday opinion only the state's high court may issue orders compelling executive officers to certain actions.

  • June 27, 2025

    Senate Republican Plan Would Cut CFPB Funds, Keep PCAOB

    U.S. Senate Banking Committee Republicans' latest budget bill plans have dropped a push to dismantle the Public Company Accounting Oversight Board and pivoted to a lesser — but still severe — cut to the Consumer Financial Protection Bureau's funding. 

  • June 27, 2025

    Tribes Say Kalshi's Sports Contracts Undermine Sovereignty

    A group of state and tribal gaming associations plus 27 federally recognized tribes have weighed in on a dispute between trading platform KalshiEx LLC and Maryland regulators, arguing that Kalshi's entrance into the gaming market has adversely impacted tribal gaming revenue and impeded tribes' inherent sovereign right to regulate gaming activity on tribal lands.

  • June 27, 2025

    DOD's Pot Questions Violate 5th Amendment, Contractor Says

    A former defense contractor who was denied security clearance because he refused to say if he had consumed marijuana during a specific time period is suing the U.S. Department of Defense, alleging it violated his constitutional right against self-incrimination.

  • June 27, 2025

    Fed Circ. Passes On VA, Veteran Dispute Over GI Bill Benefits

    A three-judge Federal Circuit panel said it lacked jurisdiction to step into an ongoing GI Bill dispute as a long-serving veteran challenges an education benefits denial that purportedly flies in the face of a U.S. Supreme Court decision handed down last year.

  • June 27, 2025

    Abrego Garcia Attys 'Cannot Put Any Faith' In DOJ Claims

    Kilmar Armando Abrego Garcia's attorneys on Friday urged the Tennessee federal judge overseeing his criminal case to delay issuing his release from custody, citing the government's contradictory statements over its seemingly new intention to redeport him somewhere other than his native El Salvador.

  • June 27, 2025

    Can AI Kill Human Art? Two Judges Envision Different Futures

    The two federal judges who issued highly anticipated opinions about training generative artificial intelligence models with copyrighted material acknowledged the fear from many that AI could ultimately supplant human-created works, but they had differing views about the probability of such a future.

  • June 27, 2025

    Feds Prevail Over J&J In Another 340B Rebate Dispute

    A D.C. federal judge granted a summary judgment win Friday to the U.S. Health Resources and Services Administration over Johnson & Johnson, finding the agency acted within its discretion when it rejected the company's program to offer rebates instead of discounts in a decades-old drug pricing program.

  • June 27, 2025

    Banks Get Clean Bill Of Health As Stress Test Changes Loom

    The Federal Reserve said Friday that the nation's big banks are stocked with enough capital to weather a severe recession, giving them passing marks on what are poised to be the last round of stress tests before regulators begin overhauling the testing process.

  • June 27, 2025

    Fla. Teen Files $10M Suit Alleging DMV Appointment Scalping

    A Florida teenager has filed a proposed $10 million state court class action lawsuit against highway safety officials, alleging they were negligent for allowing her to camp outside a driver's license office just to secure an appointment because reservations were scalped by internet bots and sold for profit.

  • June 27, 2025

    Judge Waits On Fortune's Bid To Join Assa Abloy Fight

    A D.C. federal judge left open the question of whether Fortune Brands Home & Security can intervene to enforce Assa Abloy's 2023 settlement agreement with the U.S. Department of Justice on Friday, as the DOJ seeks to keep a supply agreement between the two companies in place.

  • June 27, 2025

    Groups Quickly Switch Tactics In Birthright Citizenship Cases

    Just hours after the U.S. Supreme Court limited federal judges' ability to issue nationwide injunctions Friday, groups challenging the constitutionality of President Donald Trump's birthright citizenship executive order fired off a volley of new lawsuits, switching their legal actions to class action complaints.

  • June 27, 2025

    Judge Lets DOGE Access Go On But Cites 'Grave' Concerns

    A D.C. federal judge Friday voiced his "grave" concerns about the White House's Department of Government Efficiency obtaining personal information, but the district court declined to stop the U.S. Department of Labor and U.S. Department of Health and Human Services from giving this access.

  • June 27, 2025

    Senate Says AI Is In, Some Spectrum Parts Out Of Budget Bill

    The updated version of a moratorium on states' regulation of artificial intelligence is allowed to be included in the budget reconciliation package but some of the spectrum-related provisions are not, according to the latest ruling from the U.S. Senate parliamentarian.

  • June 27, 2025

    NC Appeals Court Urged To Back Firing Of General Counsel

    North Carolina's body of independent administrative law judges is urging the state appeals court to reject its former general counsel's bid to revive his claims that his politics got him fired, arguing that his position is exempt from certain workplace protections.

  • June 27, 2025

    Pregnancy Loss Draws Police Scrutiny Following Dobbs

    The nation's abortion debate has played out in civil courtrooms and state capitols across the country since the overturning of Roe v. Wade three years ago. But the battle is also emerging in another arena: the criminal courts.

  • June 27, 2025

    After Dobbs, States Become Battleground For Abortion Rights

    Three years ago, when the U.S. Supreme Court overturned the precedent set by Roe v. Wade, it did more than end nearly five decades of federal constitutional protection for abortion; it also fractured the legal landscape of reproductive rights, shifting the authority to regulate the procedure to individual states, and leading to legal uncertainty for courts, physicians and patients.

  • June 27, 2025

    How States Are Rethinking Life Without Parole For Youth

    A wave of recent state high court rulings, including a landmark decision in Michigan in April, has curtailed the use of mandatory life without parole for defendants under 21, citing evolving standards of decency and brain science. Hundreds of incarcerated individuals in Michigan are now eligible for resentencing, but the reforms face resistance from prosecutors, victims’ rights advocates, and dissenting justices who warn of consequences for public safety and judicial overreach.

  • June 27, 2025

    Greystar, Landlords Push To Toss DOJ's RealPage Suit

    Greystar Management Services LLC and several other landlords urged a North Carolina federal court to toss a rent price-fixing suit lodged by the federal government and multiple states, arguing in part that they have failed to provide specifics for their antitrust claims.

  • June 27, 2025

    Full 5th Circ. To Hear Planned Parenthood Atty Immunity Row

    The full Fifth Circuit will rehear a panel's decision concluding that Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improperly billing Medicaid programs.

  • June 27, 2025

    Trump Ends Canada Trade Talks Over Digital Services Tax

    The U.S. is ending trade negotiations with Canada because of the country's digital services tax, President Donald Trump said Friday, days before tech giants are due to file their first returns for the 3% charge on revenues they earn from Canadians.

  • June 27, 2025

    Colo. Appeals Court Clarifies Meaning Of Molotov Cocktail

    A Colorado state appeals court has ruled for the first time on the interpretation of state laws around explosives and incendiary devices, stating that lawmakers "intended 'explosive' to carry the same meaning as 'incendiary device.'"

  • June 27, 2025

    Parolees Say Feds Not Processing Benefits As Required

    Noncitizens challenging the Trump administration's termination of Biden-era parole programs called on a Massachusetts federal judge to make the government explain how it's not violating a court order to restore processing of their immigration benefits requests.

Expert Analysis

  • Best Practices For State Banks Eyeing Federal Conversions

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    Amid a notable uptick — fueled by ongoing regulatory upheaval — in state-chartered banks exploring conversion to national bank charters, banks contemplating the decision should weigh the benefits, like uniform supervision, and potential impediments, like costly exam fees, say attorneys at Skadden.

  • DOJ May Rethink Banning Firearms For Marijuana Users

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    In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.

  • EDNY Ruling May Limit Some FARA Conspiracy Charges

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    Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Future Of Enviro Crimes Under Trump's Federal Regs Order

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    President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.

  • Trump Antitrust Shift Eases Pressure On Private Equity Deals

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    Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.

  • How Cos. Can Prep For Calif. Cybersecurity Audit Regulations

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    As the California Privacy Protection Agency Board finalizes cybersecurity audit requirements, companies should take six steps to prepare for the audit itself and to build a compliant cybersecurity program that can pass the audit, say attorneys at Covington.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Shifting DEI Expectations Put Banks In Legal Crosshairs

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    The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.

  • Compliance Tips After Court Axes EEOC's Trans Rights Take

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    A Texas federal court's recent decision struck portions of the U.S. Equal Employment Opportunity Commission's 2024 guidance pertaining to sexual orientation and gender identity under Title VII, barring their use nationwide and leaving employers unsure about how to proceed in their compliance efforts, say attorneys at Dorsey & Whitney.

  • Atkins' Crypto Remarks Show SEC Is Headed For A 'New Day'

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    A look at U.S. Securities and Exchange Commission Chairman Paul Atkins' recent speeches provides significant clues as to where the SEC is going next and how its regulatory approach to crypto will differ from that of the previous administration, say attorneys at Eversheds Sutherland.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • State Farm Rate Hike Portends Intensifying Insurance Crisis

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    The California Department of Insurance's unprecedented emergency approval of a 17% rate increase for State Farm General Insurance, the first interim rate relief granted before completing full actuarial justification, represents a regulatory watershed and establishes precedent that could fundamentally reshape insurers' response to climate-driven market instability, says Daniel Veroff at Merlin Law Group.

  • Steps For Universities To Pass Tax-Exempt Test Amid Scrutiny

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    After decades of a quiet governmental acceptance of tax-exempt status, universities are facing unprecedented and public pressure to defend themselves, and must consider how to protect this valuable status, say attorneys at Eversheds Sutherland.

  • In 2nd Term, Trump Has New Iran Sanctions Enforcement Tool

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    As tensions between the U.S. and Iran escalate, the Trump administration may use a whistleblower program enacted in 2022 to target violations that were previously more difficult to detect, thus expanding enforcement of economic sanctions, say attorneys at MoloLamken and Zuckerman Law.

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