Public Policy

  • September 10, 2025

    SEC Taps Gibson Atty To Head Corporation Finance Division

    The U.S. Securities and Exchange Commission on Wednesday named the co-chair of Gibson Dunn & Crutcher LLP's securities regulation practice as the new leader of its Division of Corporation Finance, which is responsible for writing rules and providing guidance to publicly traded companies on shareholder disclosure matters, among other things.

  • September 10, 2025

    Ore. County Failed To Tell Biz It Lost Tax Break, Court Says

    An Oregon meat processor was justified in failing to timely appeal property assessments because it was never notified in writing by a county assessor of its exclusion from an enterprise zone tax incentive program, the state tax court ruled.

  • September 10, 2025

    Mass. Justices Reject Former State Senator's Immunity Claim

    Massachusetts' highest court ruled Wednesday that a former state senator is not immune from prosecution for using his State House staff to work on his reelection campaigns in 2018 and 2020.

  • September 10, 2025

    AT&T Gave Prosecutor's Data To Trump-Tied Attys, Suit Says

    Nathan Wade, the special prosecutor who exited the Georgia election interference case against President Donald Trump after his romantic relationship with Fulton County District Attorney Fani Willis was revealed, has accused AT&T of unlawfully releasing "breathtaking" amounts of his personal cellphone data to defendants in the case.

  • September 10, 2025

    NTIA Poised To Release First Spectrum Under New Budget Act

    The Trump administration said Wednesday it will make a chunk of spectrum used for weather monitoring available for commercial use, the first such transfer of the airwaves since Congress passed this summer's sweeping budget package.

  • September 10, 2025

    DC Circ. Temporarily Reinstates Copyright Head After Firing

    The fired head of the U.S. Copyright Office has regained her position for the time being after a split D.C. Circuit faulted a lower court's analysis of whether she would be harmed if she didn't get her job back while fighting the Trump administration's dismissal of her.

  • September 09, 2025

    Fed Reserve Gov. Cook Wins Removal Reprieve For Now

    Federal Reserve Gov. Lisa Cook, for now, can stay on the Fed's board while she challenges President Donald Trump's attempt to strip her of her position, a D.C. federal judge ruled late Tuesday, saying Cook has "made a strong showing" that her purported removal was likely illegal.

  • September 09, 2025

    Conservative Groups Warn Against Value-Based 'Patent Tax'

    More than three dozen conservative groups Tuesday urged the U.S. Department of Commerce to refrain from considering charging patent owners a novel "patent tax" based on the value of their patents, warning that such a levy would harm innovation in the U.S., especially for emerging technologies.

  • September 09, 2025

    4th Circ. Debates Whether 'Silence' In 340B Empowers States

    Two states told a Fourth Circuit panel on Tuesday that "silence" in the law governing the federal government's drug discount program permits state enforcers to step in and regulate the delivery of those drugs to their communities.

  • September 09, 2025

    Calif. AG Sues Over 'Uninhabitable,' 'Inhumane' LA Jails

    California Attorney General Rob Bonta has sued the Los Angeles County Sheriff's Department over the "inhumane" and "uninhabitable" conditions at county jails, pointing to an increase in in-custody deaths and facilities that allegedly lack adequate plumbing, sanitation and temperature control.

  • September 09, 2025

    DOD's Cybersecurity Rule May Help Fend Off FCA Claims

    The U.S. Department of Defense's requirement for certain contractors to have a third-party assessor review their cybersecurity compliance, implemented in a final rule Tuesday, could help contractors protect themselves from False Claims Act enforcement.

  • September 09, 2025

    DC Circ. Talks 'Hypos' On Maritime Refusal To Deal Challenge

    The D.C. Circuit is set to decide whether a rule that the Federal Maritime Commission passed to deal with COVID-19 supply line shortages allows the agency to engage in illegal rate-setting after spending part of its morning hammering the parties with hypotheticals.

  • September 09, 2025

    FCC OKs Waivers For Smart House Locks

    The Federal Communications Commission agreed Tuesday to make some exceptions to its rules for ultra-wideband devices — specifically a requirement that they be handheld — so a pair of companies can ensure their smart locks have the agency's seal of approval.

  • September 09, 2025

    Hemp Interests Drop Challenge To Louisiana THC Law

    A cannabis industry group and a wholesaler have asked a Louisiana federal judge to dismiss their lawsuit seeking to block the state from imposing new restrictions on consumables infused with hemp-derived THC.

  • September 09, 2025

    FDIC Eases Standards For Lifting Cease-And-Desist Orders

    The Federal Deposit Insurance Corp. is giving banks a quicker potential path out of its doghouse, rolling out a policy change that allows more flexibility to close out enforcement orders before firms have finished satisfying all their terms.

  • September 09, 2025

    Calif. Bar Seeks Justices' Clarity In Eastman Disbarment Case

    The State Bar of California asked the state's justices to affirm recommendations to disbar Donald Trump's onetime attorney John Eastman, who helped plan and promote the then-presidential candidate's strategy to overturn the 2020 election, but also review what it says are two legal errors that could "significantly impact future cases."

  • September 09, 2025

    Trump Admin Blocked From Boston Hospital Trans Care Docs

    A Massachusetts federal judge on Tuesday blocked the Trump administration's bid to gain access to a wide array of documents related to gender-affirming care at Boston Children's Hospital, finding that the request is a veiled attempt to limit such care in the state.

  • September 09, 2025

    OCC Taps Cravath Atty As Principal Deputy Chief Counsel

    A former Cravath Swaine & Moore LLP corporate attorney has been tapped to serve as the principal deputy chief counsel of the Office of the Comptroller of the Currency, while a longtime agency official has been promoted to oversee its newly elevated chartering and licensing process, the regulator said Tuesday.

  • September 09, 2025

    Colo. Justices Rule Interest Not Covered By $1M Med Mal Cap

    The Colorado Supreme Court has ruled that the state's $1 million cap on medical malpractice damages doesn't encompass certain interest awards when the so-called good cause exception applies, in a suit accusing a doctor of causing a baby's severe brain injury.

  • September 09, 2025

    5th Circ. Says Jarkesy Doesn't Doom OCC Enforcement Action

    A Fifth Circuit panel has upheld industry bans and $250,000 fines against two former top executives of a failed Texas bank, rejecting their bid to overturn an Office of the Comptroller of the Currency enforcement order, finding that the OCC's in-house proceedings and ordered sanctions did not violate the executives' constitutional right to a jury trial.

  • September 09, 2025

    Atty Flashes Weed In NC High Court To Challenge Odor Test

    A defense attorney on Tuesday pulled out a bag of weed in front of North Carolina's seven justices and a courtroom full of sheriffs to illustrate the outcome of letting officers conduct warrantless searches based on the smell of pot alone, saying such a test doesn't work in the age of legalized hemp.

  • September 09, 2025

    Mich. Appeals Court Unsure It Can Force Through Stalled Bills

    A Michigan state appeals court panel wrestled Tuesday with whether courts have the power to compel members of the state's House of Representatives to deliver to the governor legislation that was passed last year by their political opponents.

  • September 09, 2025

    7 Enviro Cases To Watch At The Supreme Court

    The U.S. Supreme Court is considering a slew of environmental cases for the coming term, including jurisdiction disputes in pipeline and pollution cases, a challenge to a Washington state climate change law and Monsanto's bid to undo a $1.2 million weed killer cancer award.

  • September 09, 2025

    PTAB Leader Urges Specificity In Discretionary Denial Briefs

    The Patent Trial and Appeal Board's acting chief judge urged litigants Tuesday to support the arguments they make in the board's new discretionary denial process with specific details about their cases, during a panel where lawyers expressed both frustration about and praise for the system.

  • September 09, 2025

    Head Start Immigration Checks May Be Paused, Judge Hints

    A Washington federal judge seemed open to freezing a Trump administration policy requiring Head Start participants to prove citizenship, directing questions during a Tuesday hearing to how children will be affected after three decades of contrary practice.

Expert Analysis

  • What To Expect As UK, US Gov'ts Develop Stablecoin Policies

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    While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.

  • Series

    Texas Banking Brief: All The Notable Legal Updates In Q2

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    In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.

  • Lawsuit, Exec Orders Should Boost Small Modular Reactors

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    A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • Congress Crypto Movement Could Bring CFTC 'Clarity' At Last

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    The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.

  • What Employers Can Learn From Axed Mo. Sick Leave Law

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    Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.

  • Preparing For Trump Pushback Against State Climate Laws

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    An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.

  • Practical Implications Of SEC's New Crypto Staking Guidance

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    The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.

  • Stablecoin Bills Present Opportunities, Challenges For Banks

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    Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • New FCPA Guidance May Flip The Whistleblowing Script

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    The U.S. Department of Justice’s updated Foreign Corrupt Practices Act guidelines lay out a new incentive structure that may put multinational U.S.-based companies in an unusual offensive whistleblowing position, potentially spurring them to conduct external investigations of their foreign rivals, says Markus Funk at Perkins Coie.

  • Opinion

    GENIUS Act Could Muck Up Insolvency Proceedings

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    While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.

  • How McKesson Ruling Will Inform Interpretations Of The TCPA

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    Amid the U.S. Supreme Court's ruling in McLaughlin Chiropractic Associates v. McKesson, we can expect to see both plaintiffs and defendants utilizing the decision to revisit the Federal Communications Commission's past Telephone Consumer Protection Act interpretations and decisions they did not like, says Jason McElroy at Saul Ewing.

  • A Look At Florida's New Protected Series LLC Legislation

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    A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter saw California become a more active protector of consumers in response to federal regulatory pullback, with regulators proposing a licensing framework for digital asset businesses, ending an enforcement exemption and otherwise signaling further expansions of oversight and enforcement, say attorneys at Stinson.

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