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Public Policy
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June 26, 2025
CSBS Issues Money Transmitter Guidance on Virtual Currency
The Conference of State Bank Supervisors on Thursday released advisory guidance on how to consider virtual currency when calculating a licensee's tangible net worth under the Money Transmission Modernization Act, the first set of recommendations to be published under the CSBS board of directors' newly established process for issuing nonbinding, advisory guidance.
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June 26, 2025
Immigrants Tell 1st Circ. DHS Can't Justify Parole Program Ax
A class of nearly 500,000 immigrants from Cuba, Haiti, Nicaragua and Venezuela told the First Circuit on Wednesday that the Trump administration can't show that a Massachusetts federal judge abused her discretion in blocking the government's rescission of temporary Biden-era removal protections.
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June 26, 2025
Ex-Trump Atty Chesebro Disbarred In NY For Fake Elector Plot
President Donald Trump's former attorney Kenneth Chesebro, the so-called "architect" in the plot to use fake electors to overturn Georgia's 2020 election results, has been disbarred from practicing law in the state of New York, according to a unanimous decision issued on Thursday.
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June 26, 2025
Alaska Foster Kids Win Class Status In Child Welfare Suit
An Alaskan federal judge has ruled that foster children as a class can sue the director of the state's Department of Family and Community Services in her official capacity, finding merit in their claims that statewide practices put all kids in custody at serious risk of harm.
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June 26, 2025
Mass. Court Lets Man Try Again To Escape Ankle Monitor
A convicted rapist in Massachusetts who spent nearly 16 years in prison will get a second shot at challenging how long he must wear a GPS monitor now that he's been released, after a state appellate court on Thursday ruled a lower court did not properly weigh his constitutional rights.
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June 26, 2025
Wash. High Court Says State CBAs Are Private Until Funded
The agency that negotiates Washington state employees' union contracts can reject public records requests for bargaining-related documents until the contracts are finalized and funded, the Washington Supreme Court held in an 8-1 vote Thursday, upholding a Washington Court of Appeals decision.
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June 26, 2025
Judge 'Cannot Justify' Ga.'s Social Media Age Limit Law
A federal judge on Thursday declared unconstitutional Georgia's new restrictions on minors' use of social media, halting enforcement of the measures on First Amendment grounds just weeks before they were to take effect.
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June 26, 2025
5th Circ. Revives Biz Records Law, Citing Review Safeguard
The Fifth Circuit on Thursday tossed a permanent injunction blocking a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the Texas Supreme Court recently "harmonized" the law in a way that addresses Spirit AeroSystems Inc.'s constitutional challenge.
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June 26, 2025
FCC Votes To Slash Rules At June Meeting
Most of what the Federal Communications Commission did at its monthly meeting Thursday was vote away rules that it no longer deems useful to keeping the agency and the various telecommunications sectors under its purview running smoothly.
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June 26, 2025
Wireless Cos. Ask FCC To Overturn Subsidy Rulings
Two wireless companies have asked the Federal Communications Commission to reverse the Universal Service Administrative Co.'s decisions denying some of the federal subsidies the companies received for providing low-income households with broadband discounts.
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June 26, 2025
Md. Judge Won't Rush Abrego Garcia's Bid To Avoid Removal
A federal judge declined Thursday to rule immediately on Kilmar Armando Abrego Garcia's emergency request to bar the government from quickly deporting him once he's released from detention in his criminal case in Tennessee, expressing concern about her jurisdiction.
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June 26, 2025
GOP Sens. Aim To Finalize Crypto Market Bill By Sept. 30
Republican senators pledged Thursday to finish their digital asset market structure legislation by the end of September, stressing the urgency of delivering on President Donald Trump's aim to make the U.S. the cryptocurrency capital of the world.
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June 26, 2025
10 Years Later: Obergefell Attorneys, In Their Own Words
Marking the decade anniversary of the Obergefell opinion, Law360 asked the attorneys who argued the case at the Supreme Court what it was like being at the center of such a monumental case, how a ruling favoring same-sex marriage changed the legal landscape over the past decade, and the remaining legal appetite to overturn it.
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June 26, 2025
No Work Needed For Military Leave Pay, Wash. Justices Say
Washington state public employees are entitled to paid military leave even if they are not scheduled to work because they are on active duty during an extended military leave of absence, the state's Supreme Court ruled Thursday, saying the state's paid military leave statute is unambiguous.
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June 26, 2025
DOJ Puts U. Of California Diversity Plans Under Microscope
The U.S. Department of Justice's civil rights arm said Thursday it's launching an investigation into whether a University of California strategic plan prompted its campuses to discriminate against job applicants and employees based on their race and gender.
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June 26, 2025
Lawmakers Object To USPTO Reneging On Atlanta Hub Plan
A group of federal lawmakers from Georgia has written to the acting director of the U.S. Patent and Trademark Office to ask why it no longer plans to launch an outreach office in Atlanta and instead plans to open one at its current headquarters in Alexandria, Virginia.
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June 26, 2025
Conn. Pushes For Emergency Halt To Tribal Land Trust Plan
Connecticut is looking to halt the U.S. Interior Department's transfer of 80 acres into trust for the Mashantucket Pequot Tribal Nation, arguing that without intervention, the federal government will interfere with the state's sovereign right to control its territory and its ability to enforce its laws.
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June 26, 2025
Trump Admin. Moves To Fast-Track Immigration Fines
The U.S. Department of Justice and U.S. Department of Homeland Security released an interim final rule on Thursday aimed at making it easier to impose civil monetary penalties on noncitizens who enter the country without authorization or fail to voluntarily depart.
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June 26, 2025
Key DOL Nominees Clear US Senate Committee
U.S. Department of Labor nominees cleared a U.S. Senate committee Thursday and are set to head to a vote in the full chamber, moving the agency closer to having a complete leadership team that is likely to proceed with policy changes.
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June 26, 2025
Seattle Jan. 6 Cops Again Ask Justices To Shield Identities
Four current and former Seattle police officers who attended the Jan. 6, 2021, "Stop the Steal" insurrection have again asked the U.S. Supreme Court for an emergency stay to prevent the public release of their names after an initial denial from the high court, saying the justices have two days to act.
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June 26, 2025
Solar Co. Meyer Burger Can Tap $10M DIP To Fund Ch. 11 Sale
Swiss solar panel maker Meyer Burger's U.S. unit secured a Delaware bankruptcy judge's interim approval Thursday for a $10 million debtor-in-possession loan as it looks to sell two manufacturing sites in Chapter 11.
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June 26, 2025
FERC Chair Aims To Stay Beyond His Term's End
As his potential replacement awaits a U.S. Senate confirmation hearing, Federal Energy Regulatory Commission Chairman Mark Christie said Thursday that he plans to oversee the agency's next monthly open meeting in July, but otherwise remained tight-lipped about his impending departure.
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June 26, 2025
Fair Housing Groups Argue HUD Wrongly Withheld Grants
A pair of advocacy groups have sued the U.S. Department of Housing and Urban Development in D.C. federal court over the Trump administration's purported move to withhold grants meant to help private nonprofits enforce housing laws.
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June 26, 2025
Ex-FDA Regulator Joins ArentFox Schiff's Pharma Practice
ArentFox Schiff LLP has hired a career U.S. Food and Drug Administration compliance professional, whose oversight focused on ensuring pharmaceutical industry participants' compliance with drug supply chain rules and other governing regulations, as counsel in the firm's food, drug, medical device and cosmetic practice in Washington.
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June 26, 2025
ICE Agents Could Testify Anonymously In 1st Am. Trial
A Massachusetts federal judge suggested Thursday he is open to allowing U.S. Immigration and Customs Enforcement agents to testify anonymously at an upcoming bench trial in a suit brought by academic groups challenging the detention of noncitizen students and faculty who express pro-Palestinian views.
Expert Analysis
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Choosing A Road To Autonomous Vehicle Compliance
As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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Evolving Federal Rules Pose Further Obstacles To NY LLC Act
Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.
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The Risks Of Trump's Plan To Fast-Track Deregulation
A recent memorandum issued by President Donald Trump directing the repeal of so-called unlawful regulations, and instructing that agencies invoke the good cause exception under the Administrative Procedure Act, signals a potentially far-reaching deregulatory strategy under the guise of legal compliance, say attorneys at GableGotwals.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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Action Steps To Prepare For Ramped-Up Export Enforcement
In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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DOJ Signals Major Shift In White Collar Enforcement Priorities
In a speech on Monday, an official outlined key revisions to the U.S. Department of Justice’s voluntary self-disclosure, corporate monitorship and whistleblower program policies, marking a meaningful change in the white collar enforcement landscape, and offering companies clearer incentives and guardrails, say attorneys at McGuireWoods.
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Understanding Compliance Concerns With NY Severance Bill
New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.
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What New Study Means For Recycling Compliance In Calif.
Companies must review the California recycling agency's new study to understand its criteria for assessing claims of product and packaging recyclability under a law that takes effect next year, and then decide whether the risks of making such claims in the state outweigh the benefits, say attorneys at Keller & Heckman.
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Mergers Face Steeper Slopes In State Antitrust Reviews
The New York Supreme Court's recent summary judgment in New York v. Intermountain Management, blocking the acquisition and shuttering of a ski mountain in the Syracuse area, underscores the growing trend among state antitrust enforcers to scrutinize and challenge anticompetitive conduct under state laws, say attorneys at Robins Kaplan.
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Opinion
The IRS Shouldn't Go To War Over Harvard's Tax Exemption
If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.
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Balancing Deep-Sea Mining Executive Order, Int'l Agreements
President Donald Trump's recent executive order directing exploration and exploitation of deep-sea mineral resources appears to conflict with the evolving international framework regulating such activities, so companies and investors should proceed with care and keep possible future legal challenges in mind, say attorneys at Dentons.
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CFTC Memos Clarify When 'Sorry' Still Gets You Subpoenaed
A pair of Commodity Futures Trading Commission advisories released in February and April open a new path to self-reporting but emphasize that serious breaches still warrant a trip to the penalty box, prompting firms to weigh whether — and how — to disclose potential violations in the future, say attorneys at Pryor Cashman.
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Parsing The SEC's New Increased Co-Investment Flexibility
The U.S. Securities and Exchange Commission's new co-investment exemptive orders simplify processes and reduce barriers for regulated funds — and rulemaking may evolve further to allow investors access to additional investment opportunities and increase available capital for issuers seeking to raise money from fund complexes, say attorneys at Simpson Thacher.