Public Policy

  • August 14, 2025

    Hemp Sellers Can Challenge NY Raids Outside Court

    An administrative law judge has ruled that a group of hemp sellers can raise constitutional challenges in administrative proceedings over raids they say were illegally conducted by New York's Office of Cannabis Management.

  • August 13, 2025

    Trump Axes Biden Competition Order And Eases Rocket Regs

    President Donald Trump on Wednesday evening revoked an expansive Biden-era executive order that aimed to boost competition across the U.S. economy, lower prices for consumers and increase pay for workers, while issuing his own order to ease regulations on the commercial space industry to boost American rocket launches.

  • August 13, 2025

    Mich. Tribe Asks High Court To Undo Great Lakes Fishing Pact

    A Michigan tribe is asking the Supreme Court to overturn a Sixth Circuit decision to uphold a 2023 decree governing fishery management in the Great Lakes, saying the document was negotiated over its objections, restricts its treaty rights and will micromanage the waters for the next quarter-century.

  • August 13, 2025

    4th, 11th Circs. Shoot Down Local Gov't Cell Tower Denials

    Both the Fourth and the Eleventh Circuits issued decisions Wednesday allowing cell tower companies to move forward with projects over the objections of local governments that denied them permission.

  • August 13, 2025

    Fla. Detention Center Still Blocks Atty Access, Groups Say

    Civil rights groups Wednesday urged a Florida federal court to grant attorneys access to detainees located at an Everglades-based immigrant detention center in a proposed class action complaint, saying people confined at the facility aren't able to petition for their release.

  • August 13, 2025

    Shah of Iran Intel Chief Must Face Torture Claims By 3 Men

    A former top security official in the regime of Iran's former ruler, Shah Reza Pahlavi, must face a human rights abuse lawsuit by three men alleging he aided and abetted the torture of perceived political dissidents during the 1970s, a Florida federal judge said Tuesday.

  • August 13, 2025

    Andreessen Horowitz Urges SEC To Craft DeFi Safe Harbor

    Venture capital firm Andreessen Horowitz and crypto lobby the DeFi Education Fund penned a joint letter Wednesday, urging the U.S. Securities and Exchange Commission to shield certain decentralized crypto projects from broker-dealer requirements.

  • August 13, 2025

    What Attys Want To Know About Lutnick's Harvard IP Threat

    After the U.S. Department of Commerce threatened last week to take control of some patents owned by Harvard University, attorneys have been questioning the practicality and legality of doing so.

  • August 13, 2025

    Ga. Defends Polling Place Food And Water Ban At 11th Circ.

    The state of Georgia urged the Eleventh Circuit on Wednesday to restore a ban on handing out food and water to voters in line after it was partially blocked by a federal district judge, telling a panel that the First Amendment controversy over the restriction shouldn't outweigh the state's interest in maintaining order at polling places.

  • August 13, 2025

    NYC Pot Shops Can't Revive Suit Over Marijuana Crackdown

    A federal judge will not reconsider his decision to end a lawsuit filed by more than two dozen companies that claim their due process rights were violated when New York City closed some of their stores on claims they were unlicensed cannabis operations, saying they brought nothing new for the court to ponder.

  • August 13, 2025

    9th Circ. Greenlights Expansive Use Of Discovery Statute

    The Ninth Circuit ruled for the first time that documents produced under a foreign discovery statute may be used in proceedings other than those identified in a petition, affirming an Oregon federal court decision in an acrimonious dispute over control of a Luxembourg-based investment fund.

  • August 13, 2025

    FTC Closes Antitrust Probe Of Calif. Truck Emissions Pact

    The Federal Trade Commission has closed an antitrust investigation into Daimler, Volvo and other heavy-duty truck manufacturers after they swore off an agreement brokered with California regulators to abide by heightened emission standards.

  • August 13, 2025

    Visa Lottery Applicants Win Bid To Compel Travel Ban Record

    The Trump administration has until Thursday to disclose the administrative record behind the travel ban, which a D.C. federal judge said is necessary to weigh a bid by diversity visa lottery winners to halt what they deem an unlawful "no-visa policy."

  • August 13, 2025

    Pennsylvania Drops $2B Suit After Federal Funds Restored

    Pennsylvania Gov. Josh Shapiro voluntarily dismissed on Wednesday a lawsuit against the Trump administration seeking to restore $2 billion in federal funds designated for Pennsylvania in light of the government's release of the money.

  • August 13, 2025

    Business Groups Fail To Halt Calif. Climate Reporting Rules

    The U.S. Chamber of Commerce and other business groups lost a bid to block new California state regulation requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they said violated their First Amendment rights, when a federal judge Wednesday denied them preliminary injunction.

  • August 13, 2025

    Colo. Dispensary Says Weed Regulator Made Invalid Rule

    The owners of a cannabis company told a state judge on Tuesday that an industry bulletin posted about them by Colorado's marijuana regulator was "quasi-legislative" and created new enforcement rules in the industry without approval.

  • August 13, 2025

    High Court's Trans Ruling Doesn't Change Insurer's ACA Loss

    A Washington federal judge has reaffirmed his finding that Premera Blue Cross' coverage policy for gender-affirming chest surgery violates the Affordable Care Act, rejecting the insurer's bid for a redo following the Supreme Court's decision in U.S. v. Skrmetti.

  • August 13, 2025

    Trump Taps Democratic Commissioner As Acting FERC Chair

    President Donald Trump on Wednesday named Democratic Commissioner David Rosner as acting chair of the Federal Energy Regulatory Commission, citing his support for expanding the electric grid to better serve data centers and artificial intelligence, which is an administration priority.

  • August 13, 2025

    Trump Admin Bid To Kill SSA Data Suit Ruled Premature

    The Trump administration can't fight an injunction in Maryland federal court and the Fourth Circuit simultaneously, a Maryland federal judge said Wednesday, tabling the administration's dismissal bid while the Fourth Circuit considers whether to lift a ban on the Department of Government Efficiency accessing unredacted Social Security data.

  • August 13, 2025

    8th Circ. Revives Ark. Ban On Youth Gender-Affirming Care

    A split Eighth Circuit en banc panel revived an Arkansas state law banning gender-affirming care for minors, finding that a district court erred in blocking the law because it does not discriminate based on sex but instead classifies based only on age and medical procedure.

  • August 13, 2025

    Trump's Troop Deployment In Calif. Troubles Judge

    A California federal judge overseeing a bench trial over the state's claims that President Donald Trump unlawfully deployed troops there told a U.S. Justice Department lawyer Wednesday that he was troubled by the seeming lack of limits on the use of the soldiers once they're in place.

  • August 13, 2025

    Trump's 'Debanking' Push May Run Up Against Biden-Era Wall

    President Donald Trump wants federal regulators to punish banks that they find have unfairly closed accounts belonging to conservatives, but those plans could collide with a court decision that his administration chose to stop fighting earlier this year.

  • August 13, 2025

    DC Circ. Greenlights Trump's Freeze On Foreign Aid

    A divided D.C. Circuit on Wednesday lifted an injunction requiring the Trump administration to release funding for foreign aid work done before Feb. 13, with a dissenting judge saying the decision lets the administration sidestep judicial review of unconstitutional actions.

  • August 13, 2025

    Gun Rights Orgs. Drop NJ Gov. From Suit Over Age Limits

    Two firearm-ownership advocacy groups and a New Jersey teen seeking to invalidate prohibitions on teens buying and carrying handguns have dropped New Jersey Gov. Phil Murphy from their lawsuit, choosing to focus on other state officials and U.S. Attorney General Pam Bondi.

  • August 13, 2025

    Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling

    A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told Law360.

Expert Analysis

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Plan For Increased HSR Info Sharing With Wash. Antitrust Law

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    Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.

  • Federal Construction Considerations Amid Policy Overhaul

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    The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.

  • FMLA Expansion Sees State Progress Despite Federal Barriers

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    Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.

  • How Political Divisions Are Stalling Pa. Energy Development

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    Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.

  • 3rd-Party Audit Tactics To Improve Export Control Compliance

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    Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.

  • 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.

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