Public Policy

  • August 19, 2025

    SpaceX Rebuffs Effort To Revisit Space Launch Rules

    SpaceX has accused a flight test coordinator, whose members include the nation's biggest aerospace companies and defense contractors, of "gamesmanship" in a new Federal Communications Commission filing, alleging the group has closed off frequencies for launch operators in retaliation for pushback to their proposal for stricter space launch coordination requirements.

  • August 19, 2025

    4th Circ. Revives Habeas Bid Over Attorney-Client Evidence

    The Fourth Circuit has ordered a lower court to conclusively determine whether a Maryland woman's rights were violated after prosecutors retried her for murder using information they gathered from her successful ineffective assistance of counsel motion during the first trial.

  • August 19, 2025

    CMS Defeats 'Hair's Breadth' Star Rating Challenge

    Insurance companies challenging the "star" system for rating Medicare Advantage organizations have lost another round in court, with a Texas federal judge saying Elevance Health failed to show federal officials violated the law when rounding down scores.

  • August 19, 2025

    Bid To Revisit Minn. Gaming Immunity Order Shut Down

    A Minnesota federal judge won't revisit an order that dismissed a commercial casino and horse racetrack operator's Class III gaming lawsuit on sovereign immunity grounds, saying another attempt can't overcome appellate court precedent.

  • August 19, 2025

    Sacramento Says 2nd Circ. Erred In Cannabis Ruling

    The city of Sacramento has told the Ninth Circuit that the Second Circuit erred when it applied the U.S. Constitution's dormant commerce clause to marijuana, and urged the appellate court not to follow suit in a similar pending case.

  • August 19, 2025

    Reasoning For IRS Firings Clashes With Reality, TIGTA Says

    Probationary workers at the Internal Revenue Service who were told earlier this year that they were fired for performance had been rated highly or had not been there long enough to be evaluated, according to a report Tuesday by the Treasury Inspector General for Tax Administration.

  • August 19, 2025

    Judge Backs Deal To Overhaul NY Kids' Mental Healthcare

    A New York federal judge has given the green light to allow the state to revamp its Medicaid mental health services for children to expand greater in-home and crisis care to prevent the institutionalization of kids. 

  • August 19, 2025

    DOJ Asks Full 4th Circ. To Rehear Judges' Speech Dispute

    The U.S. Department of Justice petitioned the full Fourth Circuit to rehear a June panel decision reviving a free speech suit from an immigration judges union, saying it flouts U.S. Supreme Court precedent and implements a novel legal requirement.

  • August 19, 2025

    Nantucket Civil Rights Case Partially Revived On Appeal

    A Massachusetts intermediate-level appeals court ruled Tuesday that "hostile" responses by Nantucket's longtime town manager to a Black resident's comments about a hate crime investigation could reasonably be found by a jury to violate the resident's state civil rights.

  • August 19, 2025

    FERC Grid Project Carveouts Are Unjustified, DC Circ. Told

    The Federal Energy Regulatory Commission can't justify its decision to exempt a Kansas electricity cooperative's transmission projects from a regional grid operator's process to determine how project costs are divided before they're approved, the D.C. Circuit heard Monday.

  • August 19, 2025

    Chicago Suburb Sued Over Medical History Probes

    The city of Evanston, Illinois, was hit with a state court lawsuit by job applicants who allege its questions about their family medical histories violated an Illinois law barring employers from asking about genetic information and using it to make employment decisions.

  • August 19, 2025

    Former Husch Blackwell Chair Named Missouri AG

    Former Husch Blackwell LLP chair Catherine L. Hanaway has been appointed Missouri's next attorney general by Republican Gov. Mike Kehoe, according to the firm on Tuesday.

  • August 19, 2025

    Trump Tariff Suit Belongs In Trade Court, Gov't Tells DC Circ.

    Suits challenging President Donald Trump's imposition of emergency tariffs belong in the U.S. Court of International Trade and a D.C. federal judge improperly considered a case lodged by Illinois-based toy makers in his court, the government told the D.C. Circuit.

  • August 19, 2025

    Pa. Justices OK Lower Court's Test For When Posts Are Public

    A split Pennsylvania Supreme Court endorsed a lower court's proposed test for whether an elected official's personal social media messages are subject to the state's open records law, with the majority agreeing the posts should only be considered public if they have the "trappings" of a government record.

  • August 19, 2025

    Cannabis Store Defends NY Labor Peace Law Challenge

    A cannabis store challenging New York's requirement that marijuana businesses have labor peace agreements with employees asserted on Monday that the state's arguments in favor of the case's dismissal were unavailing.

  • August 19, 2025

    FTC Fights Order Blocking Media Matters Probe

    The Federal Trade Commission is appealing a D.C. federal court's order preliminarily blocking an investigation into left-leaning watchdog Media Matters for America over concerns about collusion in the advertising industry and is asking to pause the order for the appeal.

  • August 19, 2025

    Public Broadcasters Alarmed At Warning Grant Cuts

    The Corporation for Public Broadcasting called on the Federal Emergency Management Agency to take over its $136 million Next Generation Warning System grant program for local public media stations, saying it can no longer manage the program as it winds down operations.

  • August 19, 2025

    ​​​​​​​CSX To Shell Out $440K In DOL Retirement Plan Fee Suit

    CSX Transportation Inc. and the U.S. Department of Labor asked a Florida federal judge Tuesday to sign off on a $440,000 settlement ending the agency's lawsuit alleging the company unlawfully deducted fees from a trust devoted to funding its employee retirement plans.

  • August 19, 2025

    Trump Signs Bill To Boost Export Control Transparency

    President Donald Trump signed a bipartisan bill on Tuesday that aims to provide more transparency in the U.S. Department of Commerce's export control system, which restricts foreign adversaries from obtaining critical U.S. technologies and software.

  • August 19, 2025

    Feds Say They'll Rescind Biden-Era Species Protections

    The U.S. Fish and Wildlife Service has said it will rescind a Biden-era Endangered Species Act rule that automatically places the strongest protections on all plants and animals covered by law.

  • August 19, 2025

    5 Firms Build $6.2B Nexstar, Tegna Media Mega-Merger

    Broadcast television giant Nexstar Media Group Inc. on Tuesday unveiled plans to buy fellow broadcast digital media company Tegna Inc. in an all-cash deal that was built by five law firms and is valued at $6.2 billion.

  • August 19, 2025

    9th Circuit Pauses Oak Flat Land Transfer Pending Appeals

    A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multibillion-dollar proposed project play out in the appellate court.

  • August 19, 2025

    Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court

    The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.

  • August 18, 2025

    NJ Feds Say Habba's US Atty Role Unusual, But Not Unlawful

    Acting U.S. Attorney Alina Habba on Monday doubled down on her argument that President Donald Trump legally appointed her New Jersey's top federal prosecutor, telling a federal judge that this is simply "an unusual situation" created when the district court last month refused to extend her interim tenure.

  • August 18, 2025

    Battle Brews Over Fed's Plan For Big Bank Ratings Revamp

    Leading banking industry groups are urging the Federal Reserve to move full speed ahead with a supervisory ratings overhaul that could classify more big banks as "well managed," but critics warn the plan amounts to dangerous, and potentially unlawful, grade inflation.

Expert Analysis

  • Business Court Bill Furthers Texas' Pro-Corporate Strategy

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    The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.

  • Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty

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    The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.

  • FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda

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    While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.

  • Diversity, Equity, Indictment? Contractor Risks After Kousisis

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    The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • What To Expect As UK, US Gov'ts Develop Stablecoin Policies

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    While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.

  • Series

    Texas Banking Brief: All The Notable Legal Updates In Q2

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    In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.

  • Lawsuit, Exec Orders Should Boost Small Modular Reactors

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    A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • Congress Crypto Movement Could Bring CFTC 'Clarity' At Last

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    The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.

  • What Employers Can Learn From Axed Mo. Sick Leave Law

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    Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.

  • Preparing For Trump Pushback Against State Climate Laws

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    An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.

  • Practical Implications Of SEC's New Crypto Staking Guidance

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    The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.

  • Stablecoin Bills Present Opportunities, Challenges For Banks

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    Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

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