Public Policy

  • August 22, 2025

    USPTO Allows Discretionary Denials For 3-Year-Old Patents

    A top Patent Trial and Appeal Board judge Friday rejected challenges to GenghisComm Holdings LLC patents issued as recently as 2022, as part of the three discretionary review decisions issued over the last week. 

  • August 22, 2025

    Ohio Panel Says Med Mal Damages Cap Is Unconstitutional

    An Ohio appeals court has declared that the state's statutory limit on pain and suffering damages in medical malpractice cases is unconstitutional because it violated the right to due process to a patient who suffered a severe brain disorder.

  • August 22, 2025

    Habba Ruling Could Put Tighter Limits On 'Acting' Officials

    A Pennsylvania federal judge's ruling disqualifying Alina Habba from acting as the U.S. attorney for New Jersey has the potential to end a long-standing means of filling government posts without going through the U.S. Senate.

  • August 22, 2025

    Altria Unit Says FDA Stonewalled On Flavored E-Cig Approvals

    A subsidiary of tobacco giant Altria has filed a new lawsuit in Louisiana federal court against U.S. health regulators it alleges unlawfully delayed processing the company's applications to market flavored e-cigarettes for almost three years.

  • August 22, 2025

    Ga. City Uses Zoning To Block Recovery Facilities, Suit Says

    The city of Dunwoody, Georgia, has been sued in federal court over allegations that it manipulates zoning ordinances in order to prevent residential mental health and substance addiction treatment facilities and group homes from operating within its borders.

  • August 22, 2025

    Judge Blocks Most ACA Rule Changes, Lets Others Proceed

    A Maryland federal judge Friday largely froze the Trump administration's changes to Affordable Care Act regulations, handing a win to three cities, a coalition of doctors and a small business advocacy group that contend the changes would cause at least 1.8 million people to lose their healthcare coverage.

  • August 22, 2025

    Trump Names 4 Nominees For North Carolina Bench

    President Donald Trump announced on Friday night four judicial nominees in North Carolina.

  • August 22, 2025

    Startup Accelerator Backs Epic In Apple Case At 9th Circ.

    Startup accelerator Y Combinator is backing Epic Games as Apple asks the Ninth Circuit to nix an order blocking it from charging commissions on app purchases made outside its payment system, telling the appeals court Apple "blatantly violated" a previous order.

  • August 22, 2025

    Bank Must Produce Records On Prepaid Debit Card Program

    Former inmates accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards will be allowed to access certain records maintained by the financial service contractors the bank used to administer the cards, a Washington federal magistrate judge determined.

  • August 22, 2025

    High Court Told To Lift 'Coordinated' Party Spending Caps

    The Federal Election Commission and the Republican Party urged the U.S. Supreme Court to abolish limits on how much political parties can spend on campaigns in cooperation with candidates, saying there's no legitimate anti-corruption reason to cap party spending.

  • August 22, 2025

    Split 9th Circ. Halts Land Swap With Idaho Tribes' Backing

    A split Ninth Circuit panel on Friday upheld a lower court's decision to invalidate an Interior Department land transfer in Idaho for the expansion of a phosphogypsum plant, saying that a 1900 federal law limits the disposal of treaty-ceded lands.

  • August 22, 2025

    CFTC Seeks Industry Input On White House Crypto Recs

    The Commodity Futures Trading Commission is asking crypto stakeholders to share feedback on recommendations in the White House's digital asset report as the agency continues a "crypto sprint" toward their implementation.

  • August 22, 2025

    Colo. House Advances Cuts To Business Tax Breaks

    Colorado would scale back a pair of business tax breaks under legislation advanced Friday by the state House of Representatives in a special session called by Gov. Jared Polis to address the impact from the federal budget reconciliation bill signed in July.

  • August 22, 2025

    2nd Circ. Won't Block Conn.'s Sandy Hook Gun Restrictions

    The Second Circuit on Friday refused to temporarily block Connecticut's restrictions on AR-15-style weapons and high-capacity magazines, saying the National Association for Gun Rights and individual permit holders were unlikely to mount successful Second Amendment challenges to laws passed shortly after the Sandy Hook Elementary School massacre.

  • August 22, 2025

    New York City Clears Waymo To Test Self-Driving Cars

    Waymo LLC received the green light to begin testing its self-driving cars in New York City after scoring a permit Friday that could pave the way for autonomous vehicles to roll out in one of the nation's most heavily congested cities.

  • August 22, 2025

    Green Groups Lodge 5th Circ. Challenge Over La. LNG Permits

    Environmentalists have asked the Fifth Circuit to cancel air permits issued by Louisiana environmental regulators for a liquefied natural gas export terminal, saying the permits were unlawfully issued and will increase pollution for nearby communities.

  • August 22, 2025

    Neb. Judge Frees Student's Accuser From Univ. Sex Bias Suit

    A woman accused of defaming a fellow student with claims of sexual assault has been dropped from his discrimination lawsuit against University of Nebraska-Lincoln officials, after a federal judge ruled that her statements made during an investigation were protected by absolute privilege.

  • August 22, 2025

    New York Says There Is No 'Native Ban' In Mascot Dispute

    The New York Board of Regents is asking a federal court to toss a suit that looks to block the state's ban on the use of Indigenous mascots in public schools, arguing that the challenge falls short of identifying any constitutional or statutory violation.

  • August 22, 2025

    NC Justices Affirm Dismissal Of Philip Morris Tax Challenge

    A North Carolina administrative court does not have the power to find a state tax law unconstitutional as applied, the state's highest court ruled Friday, upholding a loss for Philip Morris in a $300,000 franchise tax case.

  • August 22, 2025

    $16M Loan Docs Looked Legit To Pullman & Comley, Letter Says

    Pullman & Comely LLC said in a 2022 letter to New York-based lender Titan Capital ID LLC that it had no knowledge of any inaccuracies or issues in a $16 million loan to the development arm of a Connecticut municipal housing authority, according to exhibits recently filed in a suit over the allegedly botched transaction.

  • August 22, 2025

    State Solicitors General Become A Trump Judge Pipeline

    Seven months into his presidency, more than a third of President Donald Trump's judicial nominees hailed from a pool not tapped nearly as much as his predecessors: state solicitors general.

  • August 22, 2025

    4th Circ. Rules Virginia Gov. Can Deny Felon Voting Rights

    A formerly incarcerated Virginia man convicted of attempted murder as a minor couldn't argue his constitutional rights had been violated by Gov. Glenn Youngkin, who refused to allow him to vote, the Fourth Circuit said, finding the state's process of vesting reenfranchisement in its top executive was constitutional.

  • August 22, 2025

    Canada To Toss Tariffs On US Goods Under USMCA

    The Canadian government will remove retaliatory tariffs on U.S. goods that comply with the United States-Mexico-Canada Agreement, excluding steel, aluminum and automobiles, in a move aimed at jump-starting trade talks akin to an exemption made by the U.S. government, Canada's prime minister said Friday.

  • August 22, 2025

    NY Localities, Officials Back Rochester In Sanctuary Fight

    Dozens of cities and localities from around the country urged a New York federal judge to reject the Trump administration's challenge to Rochester's "sanctuary city" policies Thursday, accusing the feds of trying to "strong arm" local governments and arguing that the policies actually make the public safer.

  • August 22, 2025

    7th Circ. Backs TSA's Cybersecurity Rules For Railroads

    The Seventh Circuit on Thursday rejected the challenge from a pair of railways to recent cybersecurity mandates from the Transportation Security Administration, saying the agency wasn't required to first take notice and comment and that it has "broad authority to identify cybersecurity threats and craft appropriate responses."

Expert Analysis

  • A Look At Trump Admin's Shifting Strategies To Curtail CFPB

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Evading DOJ Crosshairs As Data Security Open Season Starts

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    As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.

  • How Trump's Trade Policies Are Shaping Foreign Investment

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    Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.

  • How Trump Admin Treasury Policies Are Reaching Banks

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    The Treasury Department has emerged as an important facilitator of the Trump administration's financial policies affecting banks, which are now facing deregulation domestically and the use of international economic authorities in cross-border trade and investment, say attorneys at Davis Polk.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • FTC Focus: Enforcers Study AI Innovation And Entrenchment

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    The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

  • Policy Shifts Bring New Anti-Money Laundering Challenges

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    In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits

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    Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.

  • Despite Dark Clouds, Outlook For US Solar Has Bright Spots

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    While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.

  • Assessing New Changes To Texas Officer Exculpation Law

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    Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.

  • How Ending OFCCP Will Affect Affirmative Action Obligations

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    As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.

  • Rising Enforcement Stakes For Pharma Telehealth Platforms

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    Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

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