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Public Policy
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September 29, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor expressed disappointment and concern over what she says is a "breakdown" in "civility and respect" that has emerged in recent Delaware corporate litigation. A $30 million settlement was approved in the five-year running Match.com reverse spinoff suit, and the top brass of Estée Lauder were hit with a derivative suit for allegedly covering up the company's reliance on prohibited, duty-free "gray market" sales of its products in China.
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September 29, 2025
NY's Top Financial Services Regulator Is Stepping Down
The head of the New York State Department of Financial Services is stepping down next month and will be replaced on an interim basis by the chief of its fintech-focused innovation division, New York Gov. Kathy Hochul said Monday.
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September 29, 2025
Trump Again Pushes 100% Tariff To Help US Film Industry
President Donald Trump revived his call for a 100% tariff on imported films Monday on Truth Social, claiming the measure is necessary to reverse trends of offshoring production.
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September 29, 2025
Fla. Cities, Counties Take Aim At Storm Recovery Law
A coalition of 25 Florida municipalities and counties sued the state on Monday over a state law aimed at encouraging post-hurricane rebuilding efforts that the local governments say unconstitutionally tramples their authority to regulate land use and development in their communities.
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September 29, 2025
IRS Cancels Hearing On Offshore Profit Regulations
The Internal Revenue Service said Monday that it has canceled a public hearing on proposed rules that would require U.S. multinational corporations to create annual shareholder accounts and follow new pooling concepts to account for previously taxed foreign earnings and basis adjustments.
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September 29, 2025
Ex-Mass. US Atty Faces Bar Reprimand Over Leak, Texts
Former Massachusetts U.S. Attorney Rachael Rollins has agreed to waive a hearing and accept a public reprimand from state bar regulators as a sanction for leaking confidential material about an investigation to a reporter, then trying to shift blame away from herself in a "disingenuous" text to staff, according to a petition for discipline.
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September 28, 2025
Trump Asks Justices To Rule On Birthright Order's Legality
President Donald Trump asked the U.S. Supreme Court to rule on the legality of his executive order denying citizenship to American-born babies of unauthorized immigrants, after lower courts ruled the order is likely unconstitutional and barred it across the country.
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September 26, 2025
CFPB Hires Ex-Lobbyist For Top Policy Job Amid Rollbacks
The Consumer Financial Protection Bureau has tapped a veteran financial industry lobbyist for a top policymaking job that will position him to spearhead the Trump administration's push to roll back regulation at the agency, Law360 has learned.
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September 26, 2025
Ad Tech Judge Told Google Shouldn't Control Auctions
The head of an industry consortium that could have an important role in breaking up Google's advertising placement technology business told a Virginia federal judge Friday that the Justice Department should be able to take away Google's control over the processes that pick where ads are placed.
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September 26, 2025
Trump Says Cook Can't Rely On 'Mantra' Of Fed Independence
The Trump administration Friday fired back at Federal Reserve Gov. Lisa Cook's argument that the Fed's independence is at stake if the president is allowed to fire her, arguing before the U.S. Supreme Court that Cook invokes "the mantra of Federal Reserve independence" to impose removal protections Congress never enacted.
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September 26, 2025
Stewart Keeps Discretion Duty As Squires Takes On RPIs, AI
In John Squires' first week as U.S. Patent and Trademark Office director, he walked back precedent from the first Trump administration, claimed machine learning should be patent-eligible, and designated Deputy Director Coke Morgan Stewart to continue handling discretionary denial reviews.
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September 26, 2025
Drone-Maker DJI Can't Undo DOD's Chinese Military Co. Label
A D.C. federal judge on Friday ended drone manufacturer DJI Technology's lawsuit challenging the U.S. Department of Defense's decision to designate it as a Chinese military company, saying the designation is supported by evidence and that the decision was not arbitrary.
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September 26, 2025
DC Circ. Examines FERC's Revised Grid Hookup Policy
The D.C. Circuit is set to decide whether the Federal Energy Regulatory Commission made a mistake when overhauling its policy for hooking up new power projects to the grid, after spending the entire morning and part of the afternoon Friday going over the penalty framework.
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September 26, 2025
9th Circ. Nixes Murder Restitution Over Spousal Interest
The federal government cannot seize as restitution a retirement account belonging to a man sentenced to life in prison for murdering two of his U.S. Coast Guard colleagues at an Alaska maintenance facility in 2012 because his wife has an interest in the account, a Ninth Circuit panel ruled Friday.
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September 26, 2025
SEC To Weigh Waivers Alongside Enforcement Settlements
U.S. Securities and Exchange Commission Chair Paul Atkins announced Friday the agency will return to a practice of allowing firms to request waivers from follow-on consequences of enforcement actions while they pursue settlement discussions to resolve their case.
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September 26, 2025
Calif. Power Market Law Is A Clean Energy Game-Changer
California's recent passage of a law further expanding its electricity markets beyond its borders could catalyze clean energy project development in the Golden State, as well as other states throughout the West.
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September 26, 2025
SEC Eyes Tweaking RMBS Rules To Revive Dormant Market
The U.S. Securities and Exchange Commission put out a call for public comments on improving its rules over residential mortgage-backed securities, noting that there have been no such public offerings in more than a decade and questioning whether the agency's requirements may be partially to blame.
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September 26, 2025
Citizens Lack Standing To Force Election Probe, Per Ga. Panel
The Georgia Court of Appeals said Friday that a trial court rightly scuttled a suit trying to force the appointment of a special prosecutor to probe a state official suspected of involvement in Georgia's election interference case, but the lower court failed to take the necessary step to dismiss the case outright.
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September 26, 2025
Skechers Emails Are Misleading Spam, Customers Say
Footwear brand Skechers is blasting shoppers with spam emails that clog their inboxes with false and misleading statements about urgent deals, according to a new proposed class action in Washington federal court seeking more than $6 million for the alleged violations.
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September 26, 2025
Agents Seek Stay In Fatal Ariz. Shooting Amid 9th Circ. Appeal
The federal government and three U.S. Customs and Border Patrol agents are asking an Arizona federal court to pause a lawsuit alleging the agents wrongfully shot and killed a Tohono O'odham Nation man until the Ninth Circuit weighs in on whether they are immune from the claims.
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September 26, 2025
Star Witness Against NJ Sen. Menendez Asks For Leniency
The government's key witness in the cases against former New Jersey U.S. Sen. Bob Menendez and his wife told a New York federal court that because he pled guilty and cooperated, his sentence for admitted bribery and other crimes should be time served, not the years his seven counts could carry.
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September 26, 2025
Men On NYPD Gang List Fight To Keep Alive Racial Bias Suit
Three anonymous men on the New York Police Department's list of gang members have urged a federal judge to reject the city's bid to dismiss their putative class action, saying their claims are based on ongoing racial discrimination and civil rights violations.
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September 26, 2025
Judge Says Illinois Liquor Delivery Limits Are Justified
An Illinois federal judge ruled Thursday that Illinois liquor laws barring out-of-state retailers from delivering alcohol to in-state consumers are constitutional, saying that while they do discriminate against out-of-state sellers, it's "justifiable on public health and regulatory efficiency grounds."
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September 26, 2025
Off The Bench: NCAA Mostly Beats Trans Suit, Faces Another
In this week's Off The Bench, the NCAA beat the majority of claims over its former transgender policy, but faced a new lawsuit in New York, along with the State University of New York, stemming from its current ban of transgender athletes competing in women's sports.
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September 26, 2025
Feds Say They Have Standing To Block Hawaii Climate Suit
The federal government is urging a Hawaii federal court not to dismiss its suit aiming to block the state's climate change suit against energy companies, saying it has standing because the state's action would usurp its authority to regulate pollution.
Expert Analysis
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Evaluating The SEC's Rising Whistleblower Denial Rate
The rising trend of U.S. Securities and Exchange Commission whistleblower award claim denials represents a departure from the SEC's previous track record and may reflect a more conservative approach to whistleblower award determinations under the current administration, say attorneys at Troutman Pepper.
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State Crypto Regs Diverge As Federal Framework Dawns
Following the Genius Act's passage, states like California, New York and Wyoming are racing to set new standards for crypto governance, creating both opportunity and risk for digital asset firms as innovation flourishes in some jurisdictions while costly friction emerges in others, say attorneys at Sheppard Mullin.
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
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Key Insurance Coverage Considerations For AI Data Centers
The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Unpacking The New Opportunity Zone Tax Incentive Program
The One Big Beautiful Bill Act brought several improvements to the opportunity zone tax incentive program that should boost investments in qualified funds, including making it permanent, increasing federal income tax benefits in rural areas, redesignating the qualified zones, and requiring more in-depth reporting, says Marc Schultz at Snell & Wilmer.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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What New CFPB Oversight Limits Would Mean For 4 Markets
As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.
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MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't
As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.
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Navigating Brazil's Regulations, Incentives For Green Projects
Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Potential Paths To Modernizing The Bank Secrecy Act
The Bank Secrecy Act's analog design has become increasingly incompatible with today's digital financial ecosystem, but legislative reforms, coupled with regulatory adjustments including updated thresholds, feedback mechanisms and innovation sandboxes, would help adjust the act to the unique challenges of modern technology, says Matthew Biben at King & Spalding.
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Definitions Of 'Waters Of The United States' Ebb And Flow
The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.
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Trump Tax Law's Most Impactful Energy Changes
The One Big Beautiful Bill Act's deferral of begin-construction deadlines and the phaseout of certain energy tax credits will provide emerging technologies with welcome breathing room, though other changes, like the increased credit rate for sustainable aviation fuel, create challenges for developers, say attorneys at Weil.
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Texas Property Law Complicates Financing And Development
A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.