Public Policy

  • 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."

  • 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.

  • 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.

  • September 26, 2025

    ICE Blocked From Holding Longtime Immigrant As Newcomer

    A Florida federal judge ruled Thursday that immigration officials can't transfer a noncitizen out of the Middle District of Florida until the court rules on his habeas petition, and that the individual has a right to a bond hearing — rather than being subject to mandatory detention — because of his current residency in the U.S.

  • September 26, 2025

    Judge Wants Clarity On Migrant Green Card Delays

    A Massachusetts federal judge on Friday said Trump administration officials may be "wordsmithing," as she asked a government lawyer to explain why some migrants trying to adjust their status from humanitarian parole to legal residency are still being told their applications are on hold despite a court order to resume processing them.

  • September 26, 2025

    Kalshi, Robinhood Fight Tribes' Bid To Block Sports Contracts

    Trading platforms Kalshi and Robinhood urged a California federal judge to reject an injunction bid lodged by Native American tribes in California that would prevent the companies from offering sports betting contracts on tribal lands, arguing their federally authorized event contract businesses would suffer "substantial and irreparable harm."

  • September 26, 2025

    Judge Won't Halt EPA's $3B Climate Grant Cuts During Appeal

    A Washington, D.C., federal judge denied conservation groups' and local governments' effort to stop the U.S. Environmental Protection Agency from ending a $3 billion climate grant program while they appeal the dismissal of their lawsuit.

  • September 26, 2025

    DC Circ. Revives FCA Suit Against US Cellular

    U.S. Cellular Corp. must face a lawsuit from two whistleblowers alleging it used a sham business to fraudulently obtain discounted spectrum licenses through Federal Communications Commission auctions, a D.C. Circuit panel ruled Friday in overturning a lower court.

  • September 26, 2025

    High Court Pauses Distribution Of $4B Foreign Aid

    The U.S. Supreme Court ruled Friday that the Trump administration can hold onto $4 billion in frozen foreign aid funding while Congress considers a proposal to cut it, pausing a lower court order that required the federal government to spend the money before the end of the month.

  • September 26, 2025

    DOD Says Wounded Knee Soldiers Will Keep Medals Of Honor

    Twenty soldiers who participated in the 1890 Wounded Knee conflict that left nearly 300 Lakota people dead will keep their Medals of Honor, U.S. Secretary of Defense Pete Hegseth announced, saying the previous administration withheld a decision on whether to rescind the honors since last October.

  • September 26, 2025

    FCC Rejects More Equipment Labs Tied To Adversaries

    The Federal Communications Commission said Friday it had blocked more labs tied to foreign adversaries from its equipment authorization program.

  • September 26, 2025

    Texas High Court Won't Redo Med Mal Nonprofit Liability Case

    The Texas Supreme Court said Friday it won't disturb its May ruling that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees.

  • September 26, 2025

    Oregon Urges 9th Circ. To Revive Cannabis Labor Peace Law

    Oregon officials urged the Ninth Circuit on Thursday to reverse a lower federal judge's decision that blocked enforcement of a voter-approved law requiring licensed cannabis businesses to enter into labor peace pacts with their workers.

  • September 26, 2025

    Advertisers, Publishers Can Expand Google Ad MDL Markets

    A New York federal judge on Thursday allowed publishers and advertisers in multidistrict litigation over Google's advertising placement technology to expand their claims to cover a worldwide scope, like the U.S. Department of Justice's successful similar case, finding it would not prejudice the tech giant.

  • September 26, 2025

    Justices Urged To Review Suit Over Mich. City Tenant Info Law

    Real estate companies have pressed the U.S. Supreme Court to review a Sixth Circuit decision upholding the dismissal of a constitutional contract claim in their suit against a Michigan city over a law requiring commercial landlords to provide prospective tenant information in order to obtain a license to rent to them.

  • September 26, 2025

    Calif. Fights Biz Groups' Bid To Halt Climate Disclosure Rules

    California asked the Ninth Circuit to reject business groups' effort to halt two new state climate regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks.

  • September 26, 2025

    Texas' Eastern District Tightens Sealed-Document Procedures

    Chief U.S. District Judge Amos L. Mazzant III of the Eastern District of Texas issued new protocols Wednesday for filing sealed documents that will prohibit electronic access effective immediately, a move that comes amid escalating cyberattacks on the federal judiciary's case management system.

  • September 26, 2025

    Mass. Tax Board Cuts $1M Home Value To Sale Price

    A Massachusetts home valued at $1 million by a county assessor should have the value lowered to the price the home sold for, the state Appellate Tax Board ruled. 

  • September 26, 2025

    Cherokee Nation Cos. Appeal Gaming License Suit To 8th Circ.

    Two Cherokee Nation entities are looking to the Eighth Circuit to overturn an Arkansas federal court decision that dismissed their challenge to a voter-approved referendum that revoked a gambling license in the state.

  • September 26, 2025

    Commerce Opens 2 New Section 232 Investigations

    The U.S. Department of Commerce recently self-initiated investigations into imports of medical devices and personal protective equipment as well as robotics to determine whether they pose a national security threat requiring tariff actions under Section 232 of the Trade Expansion Act of 1962, according to two notices published Friday.

  • September 26, 2025

    Ex-Perkins Coie, DOJ Enviro Lawyer Joins Greenberg Traurig

    A former assistant section chief in the U.S. Department of Justice's Environmental and Natural Resources Division has joined Greenberg Traurig LLP's Washington, D.C., office after five years with Perkins Coie LLP.

  • September 26, 2025

    Small Cable Firms Say FCC Alert Changes Could Harm Them

    A cable industry group cautioned the Federal Communications Commission that making big revisions to the country's Emergency Alert System could put some small providers out of business if the new rules mean heavy compliance burdens.

  • September 25, 2025

    DOJ Unveils New 'Affirmative Litigation' Civil Division Branch

    The U.S. Department of Justice Thursday announced its newly created "Enforcement & Affirmative Litigation Branch," part of which will be dedicated to going after states, municipalities and private entities that impede federal immigration enforcement or profit from "false and misleading claims" about gender transition.

  • September 25, 2025

    Trump Blesses Deal To Transfer TikTok To $14B US Co.

    President Donald Trump Thursday signed an executive order greenlighting a proposed deal that transfers the majority of TikTok's U.S. operations to a new U.S.-based joint venture, saying that the divestiture adequately addresses national security concerns.

  • September 25, 2025

    Ex-FBI Head Comey Indicted Days After Va. US Atty Replaced

    A federal grand jury in the Eastern District of Virginia on Thursday indicted former FBI Director James B. Comey on making a false statement and obstruction of Congress charges, just days after Donald Trump's former personal attorney took over as interim U.S. attorney in the district.

Expert Analysis

  • What New CFPB Oversight Limits Would Mean For 4 Markets

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    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.

  • MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't

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    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.

  • Navigating Brazil's Regulations, Incentives For Green Projects

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    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.

  • Federal AI Action Plan Marks A Shift For Health And Bio Fields

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    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.

  • Potential Paths To Modernizing The Bank Secrecy Act

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    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.

  • Definitions Of 'Waters Of The United States' Ebb And Flow

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    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.

  • Trump Tax Law's Most Impactful Energy Changes

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    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.

  • Texas Property Law Complicates Financing And Development

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    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.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Lessons From Liberty Mutual FCPA Declination

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    Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.

  • Data Undermines USPTO's 'Settled Expectations' Doctrine

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    An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.

  • Drafting M&A Docs After Delaware Corp. Law Amendments

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    Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • FTC Focus: When Green Goals And Antitrust Law Collide

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    A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.

  • High Court E-Cig Ruling Opens Door For FDA Challenges

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    There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.

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