Public Policy

  • July 01, 2025

    DC Circ. Tosses Mich. Utility's Grid Upgrade Challenge

    A D.C. Circuit panel Tuesday upheld the Federal Energy Regulatory Commission's refusal to grant a Michigan transmission owner sole ownership of grid upgrades needed to serve a Michigan solar farm, rejecting arguments that existing agreements guaranteed it full ownership rights.

  • July 01, 2025

    Google Wants Texas Ad Tech Trial To Wait On DOJ Judge

    Google has asked a Texas federal judge to delay the looming August trial in a case from state enforcers targeting its advertising technology until after a Virginia federal judge issues her final judgment in a similar case by the U.S. Department of Justice.

  • July 01, 2025

    Turkey Cos. Must Face Price-Fix Suit From Litigation Funder

    An Illinois federal judge rejected a summary judgment bid from major turkey processors fighting a price-fixing antitrust suit, ruling that a litigation funding company can continue to pursue claims against the poultry processors as a stand-in for wholesale food distributor plaintiffs.

  • July 01, 2025

    NJ Assault Weapon Ban Unconstitutional, 3rd Circ. Told

    Gun advocates told a Third Circuit panel on Wednesday that a Garden State federal court did not go far enough when it overturned the state's ban on AR-15 assault rifles, arguing that the state's ban on a number of other firearms and large capacity magazines should also be overturned.

  • July 01, 2025

    DC Circ. OKs Trump Firing Of Privacy Board Dems, For Now

    The D.C. Circuit on Tuesday halted a lower court's order that blocked the Trump administration from firing two Democratic members of the Privacy and Civil Liberties Oversight Board, suggesting in a per curiam order that members of the oversight board lacked adjudicatory functions that could shield them from termination.

  • July 01, 2025

    Apple Backers Raise Price, Privilege Concerns At 9th Circ.

    Trade groups and advocacy organizations have raised a series of concerns with the Ninth Circuit about a federal district court mandate blocking Apple from charging commissions on iPhone app purchases made outside its systems, arguing an Epic Games Inc. injunction redux improperly compels speech, imperils price-setting autonomy and threatens legal privilege.

  • July 01, 2025

    State AGs Sue Gov't To Halt Medicaid Data Sharing With ICE

    A California-led coalition of nearly two dozen state attorneys general is pushing a federal court to stop the U.S. Department of Health and Human Services from giving immigration officials "unfettered access" to Medicaid recipients' personal health information, arguing that the sharing flouts decades of policy and practice.

  • July 01, 2025

    The Sharpest Dissents From The Supreme Court Term

    The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.

  • July 01, 2025

    Mich. Judge Probes Conflict In Ex-GC's Whistleblower Suit

    A Michigan appellate judge Tuesday pressed an attorney representing a town's former general counsel for proof that his client was fired for reporting what he described as corruption, suggesting his role as both human resources director and general counsel may have created inherent conflicts justifying the dismissal.

  • July 01, 2025

    All Eyes On Congress After FCC Subsidy's High Court Win

    Supporters of the Federal Communications Commission's subsidies for phone and broadband service notched a clear win at the U.S. Supreme Court last week when justices upheld the Universal Service Fund's levy on telecom companies, but lawmakers now face pressure to beef up the $9 billion program's revenue sources.

  • July 01, 2025

    Banking Groups Call For Indexing Of Regulatory Thresholds

    The American Bankers Association and its state counterparts are urging federal regulators to prioritize updating thresholds that trigger heightened supervisory obligations to account for inflation and the growth of the banking sector, arguing that the current standards unintentionally subject some institutions to burdensome requirements.

  • July 01, 2025

    RI Urges 1st Circ. To Toss Challenge To Pot License Regs

    Rhode Island marijuana regulators told the First Circuit on Tuesday that a lower court federal judge was correct to toss a constitutional challenge to the state's cannabis regulations, which had not yet been published when the lawsuit was initially filed.

  • July 01, 2025

    Justices Face Busy Summer After Nixing Universal Injunctions

    The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.

  • July 01, 2025

    Mobile Cos. Applaud Senate Revival Of Spectrum Auctions

    The wireless industry on Tuesday praised the Senate's narrow passage of a budget reconciliation package that directs the federal government to identify and auction hundreds of megahertz of electromagnetic spectrum for private companies' use.

  • July 01, 2025

    Monthly Merger Review Snapshot

    The U.S. Department of Justice reached the agency's first three merger settlements of the second Trump administration, clearing deals in the technology and aerospace sectors after divestitures, while the Federal Trade Commission put conditions on an advertising merger. Here, Law360 looks at the major merger review developments from June.

  • July 01, 2025

    NJ Governor Signs Bill Hiking Tax For Online Sports Betting

    New Jersey Gov. Phil Murphy has approved a bill that will increase the tax for online gambling and sports betting to 19.75% just hours after the measure was passed by both houses of the state's Legislature.

  • July 01, 2025

    Texas Rep. Must Tell Feds If He'll Blame Attys In Bribery Case

    A Houston judge said Monday that U.S. Rep. Henry Cuellar and his wife must disclose to federal prosecutors whether they plan to use an advice-of-counsel defense in their trial on bribery charges.

  • July 01, 2025

    Mass. Justices Affirm Insurers Can Tap Workers' Comp Fund

    Insurers who have stopped writing workers' compensation policies but are still paying on older claims in Massachusetts are entitled to partial reimbursement from a state trust fund created to offset the higher costs of covering some individuals, because the money comes from employers rather than the insurers, the state's highest court concluded on Tuesday.

  • July 01, 2025

    Amazon Escapes Worker's Military Leave Suit

    A former Amazon employee cannot show that she was fired because she requested to take military leave or because she needed to care for her son, a New York federal judge ruled, saying she can't rebut the company's argument that she was fired for violating security protocol.

  • July 01, 2025

    Judge Rules Gun Ban For Medical Pot Users Constitutional

    A Pennsylvania federal judge ruled Monday that a federal policy barring medical marijuana patients from owning firearms does not violate the Second Amendment, granting the U.S. Department of Justice's motion to dismiss a challenge brought by a state prosecutor and others.

  • July 01, 2025

    Conn. Tribe Fights State's Bid To Halt 80-Acre Land Transfer

    The Mashantucket Pequot Tribal Nation is fighting an emergency motion by Connecticut to halt the U.S. Department of the Interior's transfer of 80 acres into trust for the federally recognized tribe, saying the state fails to establish that a stay is necessary.

  • July 01, 2025

    Ga. Justices To Review $33M Verdict In Student Crash Death

    The Supreme Court of Georgia has agreed to review a state appellate court's decision that a metro Atlanta city must pay a $33 million verdict awarded to the parents of a college student who died after crashing into a roadside planter.

  • July 01, 2025

    Axing Lit Funding Tax Bid Relieves Industry But Fears Remain

    Litigation funders are breathing a sigh of relief after a provision to impose a 41% punitive tax on the $16 billion industry was stripped Tuesday from the massive federal spending bill, but many think the episode is just the prelude to further battles with corporate opponents.

  • July 01, 2025

    Mich. Judge Halts Mackinac Island Ferry Rate Ordinance

    A Michigan federal judge has temporarily blocked Mackinac Island city officials from regulating ferry prices, a move the judge said preserves both the status quo and the availability of ferry service to the tourist destination.

  • July 01, 2025

    US Attorney Picks Include Alina Habba And Senator's Son

    The president sent 14 U.S. attorney nominations to the Senate on Tuesday, including Alina Habba, the president's former counselor and personal attorney, for the District of New Jersey and Arch Moore Capito, the son of Sen. Shelley Moore Capito, R-W. Va., for the Southern District of West Virginia.

Expert Analysis

  • 7 D&O Coverage Areas To Assess As DOJ Targets DEI

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    Companies that receive federal funds or have the remnants of a diversity, equity and inclusion program should review their directors and officers liability insurance policies ahead of a major shift in how the U.S. Department of Justice enforces the False Claims Act, says Bill Wagner at Taft.

  • CFPB Industry Impact Uncertain Amid Priority Shift, Staff Cuts

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    A recent enforcement memo outlines how the Consumer Financial Protection Bureau's regulatory agenda diverges from that of the previous administration, but, given the bureau's planned reduction in force, it is uncertain whether the agency will be able to enforce these new priorities, say attorneys at Troutman Pepper.

  • FAR Rewrite May Cloud Key Gov't Contract Doctrine

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    The Trump administration's government procurement overhaul, under which sections of the Federal Acquisition Regulation are eliminated by default, is bound to collide with a doctrine that allows courts to read omitted clauses into government contracts if they represent long-standing pillars of federal procurement law, say attorneys at Rogers Joseph.

  • SEC Staff Input Eases Path For Broker-Dealer Crypto Activities

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    Recent guidance from U.S. Securities and Exchange Commission staff on broker-dealer and transfer agent crypto-asset activities suggests a more constructive regulatory posture on permissibility and application of financial responsibility rules, bringing welcome clarity for blockchain market participants and traditional financial institutions alike, say attorneys at Sidley.

  • Compliance Essentials To Mitigate AI Crime Enforcement Risk

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    As artificial intelligence systems move closer to accurately mimicking human decision-making, companies must understand how the U.S. Department of Justice might prosecute them for crimes committed by AI tools — and how to mitigate enforcement risks, say attorneys at Paul Hastings.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • Employer-Friendly Fla. Law Ushers In New Noncompete Era

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    Florida's CHOICE Act is set to take effect July 1, and employers are welcoming it with open arms as it would create one of the most favorable environments in the country for the enforcement of noncompete and garden leave agreements, but businesses should also consider the nonlegal implications, say attorneys at BakerHostetler.

  • Most-Favored Nation Drug Pricing Could Shake Up US Pharma

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    Recent moves from the executive and legislative branches represent a serious attempt to revive and refine the first Trump administration's most-favored-nations model for drug pricing, though implementation could bring unintended consequences for pharmaceutical manufacturers and will likely draw significant legal opposition, say attorneys at Morgan Lewis.

  • Opinion

    Aviation Watch: A Supersonic 'Boom' Going Nowhere Fast

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    Legislation recently introduced in Congress to repeal the Federal Aviation Administration's ban on supersonic flight over U.S. territory appears to benefit a single company with an uncertain business plan, and is not truly in the public interest, says Alan Hoffman, a retired attorney and aviation expert.

  • How The DOJ Is Redesigning Its Approach To Digital Assets

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    Two key digital asset enforcement policy pronouncements narrow the Justice Department's focus on threats like fraud, terrorism, trafficking and sanctions evasion and dial back so-called regulation by prosecution, but institutions prioritizing compliance must remember that the underlying statutory framework hasn't changed, say attorneys at Blank Rome.

  • Opportunity Zone Revamp Could Improve The Program

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    If adopted, the budget bill's new iteration of the opportunity zone program could renew, refine and enhance the effectiveness and accountability of the original program by including structural reforms, expanded eligibility rules and incentives for rural investment, say attorneys at Pillsbury.

  • At 'SEC Speaks,' Leaders Frame New Views

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    At the Practising Law Institute's recent SEC Speaks conference, U.S. Securities and Exchange Commission leadership highlighted the agency's significant priority changes, including in enforcement, crypto and artificial intelligence, say attorneys at Perkins Coie.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • Opinion

    Congress Must Restore IP Protection To Drive US Innovation

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    Congress should pass the RESTORE Patent Rights Act to enforce patent holders' exclusive rights and encourage American innovation, and undo the decades of patent rights erosion caused by the U.S. Supreme Court's 2006 decision in eBay v. MercExchange, says former Chief U.S. Circuit Judge Paul Michel.

  • How Focus On Menopause Care Is Fueling Innovation, Access

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    Recent legislative developments concerning the growing field of menopause care are creating opportunities for increased investment and innovation in the space as they increase access to education and coverage, say attorneys at Kirkland.

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