Public Policy

  • September 03, 2025

    9th Circ. Upholds Ruling Against Wash. Tribe's Fishing Claims

    A Ninth Circuit panel Wednesday affirmed a lower court's ruling that determined a Washington tribe fell short of its evidentiary burden to establish that a 19th century treaty included its customary fishing grounds near the Puget Sound after vacating the dispute for further review last year.

  • September 03, 2025

    4th Circ. Says Md. Immunity Doesn't Apply In Tugboat Case

    The Fourth Circuit said Wednesday that a tugboat owner's petition seeking to limit its liability over a 2015 accident involving Maryland's Nanticoke River Memorial Bridge does not infringe on the state's sovereign immunity, so it can proceed in the district court.

  • September 03, 2025

    Mich. Atty Tells Appeals Court He's Worth $1,500 Per Hour

    A Michigan attorney told an appellate panel Wednesday that his track record and experience warrant the $1,500 hourly rate awarded by a trial court which found a city's breach-of-contract suit against his client, a former councilor, was frivolous.

  • September 03, 2025

    Lumen's Bid To Move $1.4B Pension Suit Out Of Colo. Blocked

    A Colorado federal judge on Wednesday rejected Lumen Technologies' request to move to Louisiana a proposed class action alleging it wrongly transferred obligations for a $1.4 billion pension fund to a private equity-controlled insurance company, with the judge finding the venue provision in the pension plan does not apply.

  • September 03, 2025

    Gov't Is Asked How Boeing Nonprosecution Deal Serves Public

    A Texas federal judge pressed the government to explain why he should accept a nonprosecution deal with Boeing that would let the company escape a conspiracy case for its role in deadly 737 Max 8 crashes, asking Wednesday how the deal serves the public.

  • September 03, 2025

    Military To Blame For Maine Mass Shooting, Victims Allege

    Victims and relatives of those who died in a 2023 mass shooting in Lewiston, Maine, on Wednesday accused the U.S. government of failing to stop the Army reservist who opened fire, alleging the military was aware the gunman posed a threat but misled others about his danger.

  • September 03, 2025

    1st Circ. Doubts Eateries' Suit Over Outdoor Dining Limits

    The First Circuit appeared unlikely on Wednesday to revive a suit on behalf of restaurant owners in Boston's North End over the city's restrictions on outdoor dining, repeatedly questioning the basis for the plaintiffs' retaliation claims.

  • September 03, 2025

    Ga. County Board Will Face Black Voter Disenfranchisement Suit

    A Georgia federal judge has refused to dismiss a suit alleging Houston County's at-large method of electing its board of commissioners dilutes Black voting strength in violation of the Voting Rights Act, disagreeing with the board's interpretation of the VRA's rules allowing such suits, among other issues.

  • September 03, 2025

    7th Circ. Judge Probes FDIC's In-House Enforcement Powers

    A Seventh Circuit judge on Wednesday pushed counsel for the Federal Deposit Insurance Corp. to address whether an Illinois community bank's ex-chairman alleging the agency's in-house proceedings are unconstitutional waived his Seventh Amendment right to trial by jury by virtue of working at an institution that participates in the FDIC's insurance program.

  • September 03, 2025

    Fla. Surgeon General Pushes To End State's Vaccine Mandates

    Florida's surgeon general on Wednesday said he intends to work toward undoing all of the state's vaccine mandates, including for schoolchildren.

  • September 03, 2025

    Judge Backs Harvard In Suit Over Trump's $2B Fund Freeze

    The Trump administration illegally froze more than $2 billion in grants earmarked for Harvard University when it failed to offer an explanation as to how cutting the funds addressed the government's stated goal of ending antisemitism on campus, a Massachusetts federal judge ruled Wednesday.

  • September 03, 2025

    Honda Fights FCC Adding Car Technologies To Security List

    Honda has told the Federal Communications Commission that adding certain vehicle technologies to the government's "covered list" of banned devices made in foreign adversary countries would duplicate efforts already being carried out by the U.S. Commerce Department.

  • September 03, 2025

    Hartford Beats State Rep.'s Police Bias Suit, For Now

    The city of Hartford will not have to face a lawsuit alleging the police mishandled a state representative's sexual assault report, for the time being, with a Connecticut federal judge saying the claims are "conclusory and simply state a legal conclusion" that the department customarily mistreats women and Muslims.

  • September 03, 2025

    FCC Chief Aims To End Disputed School Wi-Fi Programs

    The head of the Federal Communications Commission said Wednesday he's looking to overturn two controversial Biden-era FCC programs to fund providing Wi-Fi on school buses and hot spots for students' and library patrons' off-campus use.

  • September 03, 2025

    Wash. Court Pressed To Immediately End EV Funding Freeze

    Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.

  • September 03, 2025

    Northwestern Mutual Seeks $23M Tax Refund For Free Meals

    Northwestern Mutual is seeking a refund of $23 million in taxes for on-campus lunches it provided to employees, telling a Wisconsin federal court that the IRS improperly denied the company an exclusion on taxable income for the meals.

  • September 03, 2025

    US Steel Wants Federal Court To Take Clairton Blast Suits

    U.S. Steel claims that litigation by workers injured in an explosion at its Clairton Coke Works facility last month should be handled by a federal court, because federal investigators are overseeing the evidence being demanded by the plaintiffs.

  • September 03, 2025

    Referee Blows Whistle On NBA's Partial Win In Vaccine Fight

    A fired referee suing the NBA for religious discrimination asked a New York federal court to reconsider its ruling that denied him front and back pay, arguing the judge overlooked controlling case law that makes the decision "inappropriate."

  • September 03, 2025

    ND Tribes Ask Supreme Court To Protect Voting Rights Act

    Two North Dakota tribes are asking the Supreme Court to undo an Eighth Circuit decision that prohibits lawsuits against states for violating Section 2 of the Voting Rights Act, arguing that if not overturned, the ruling would kneecap the main federal protection against racial discrimination in voting.

  • September 03, 2025

    Tech, Small Biz Groups Push Against Value-Based Patent Fees

    An array of groups representing tech companies, small businesses and more wrote a letter to the leaders of the House and Senate Judiciary Committees, urging them to oppose the Trump administration's reported plan to charge patent owners a new fee based on the value of their patents.

  • September 03, 2025

    Pick For Del.'s 3rd Circ. Seat Questioned On Ties To The State

    Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit who is currently serving in the White House Counsel's Office, came under questioning from Democrats on Wednesday regarding her lack of connections to the state and her qualifications for the judgeship.

  • September 03, 2025

    Arkansas Insurance Rule Beats Union Plan's ERISA Challenge

    An Illinois federal judge has tossed a Teamsters healthcare plan's challenge to an Arkansas insurance regulation that aims to protect local pharmacies from under-reimbursement for prescription drugs, saying the regulation doesn't tread on the Employee Retirement Income Security Act's territory.

  • September 03, 2025

    EPA Withdraws Slaughterhouse Water Pollution Rule

    The U.S. Environmental Protection Agency on Wednesday withdrew a Biden-era proposal that would have imposed stricter water discharge regulations on meat and poultry slaughtering, processing and rendering facilities across the country.

  • September 03, 2025

    Manhattan DA To Target Wage-Fixing With Antitrust Laws

    Manhattan District Attorney Alvin Bragg said Wednesday that his office plans to be the first to use New York's criminal antitrust laws against companies that collude to keep workers' wages low.

  • September 03, 2025

    France To Tackle Tax Avoidance By Wealthy, Minister Says

    France is planning to tackle tax avoidance by wealthy individuals, an endeavor aimed at raising €2 billion ($2.3 billion), the country's budget minister said Wednesday.

Expert Analysis

  • 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.

  • Opinion

    Small-Plane Black Box Mandate Would Aid Probes, Lawsuits

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    Given climbing fatality rates from small-plane and helicopter crashes, and the evidentiary significance of cockpit voice recordings in litigation and investigations, the Federal Aviation Administration should mandate black boxes in smaller aircraft, despite likely judicial challenges over privacy and cost-benefit calculations, says Jeff Korek at Gersowitz Libo.

  • Untangling 'Debanking' Exec Order And Ensuing Challenges

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    President Donald Trump's recent executive order on the practice of closing or refusing to open accounts for high-risk customers has heightened scrutiny on "debanking," but practical steps can help financial institutions reduce the likelihood of becoming involved in investigations, say attorneys at Winston & Strawn.

  • What FDIC's Asset Threshold Raise Would Mean For Banking

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    If the Federal Deposit Insurance Corp. goes through with its plan to raise asset thresholds that determine regulatory intensity, it could free billions in compliance costs and bolster regional and community banks, but risk of oversight gaps are making this a contested area in banking policy, says Jessica Groza at Kohr Jackson.

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