Public Policy

  • September 09, 2025

    FCC OKs Waivers For Smart House Locks

    The Federal Communications Commission agreed Tuesday to make some exceptions to its rules for ultra-wideband devices — specifically a requirement that they be handheld — so a pair of companies can ensure their smart locks have the agency's seal of approval.

  • September 09, 2025

    Hemp Interests Drop Challenge To Louisiana THC Law

    A cannabis industry group and a wholesaler have asked a Louisiana federal judge to dismiss their lawsuit seeking to block the state from imposing new restrictions on consumables infused with hemp-derived THC.

  • September 09, 2025

    FDIC Eases Standards For Lifting Cease-And-Desist Orders

    The Federal Deposit Insurance Corp. is giving banks a quicker potential path out of its doghouse, rolling out a policy change that allows more flexibility to close out enforcement orders before firms have finished satisfying all their terms.

  • September 09, 2025

    Calif. Bar Seeks Justices' Clarity In Eastman Disbarment Case

    The State Bar of California asked the state's justices to affirm recommendations to disbar Donald Trump's onetime attorney John Eastman, who helped plan and promote the then-presidential candidate's strategy to overturn the 2020 election, but also review what it says are two legal errors that could "significantly impact future cases."

  • September 09, 2025

    Trump Admin Blocked From Boston Hospital Trans Care Docs

    A Massachusetts federal judge on Tuesday blocked the Trump administration's bid to gain access to a wide array of documents related to gender-affirming care at Boston Children's Hospital, finding that the request is a veiled attempt to limit such care in the state.

  • September 09, 2025

    OCC Taps Cravath Atty As Principal Deputy Chief Counsel

    A former Cravath Swaine & Moore LLP corporate attorney has been tapped to serve as the principal deputy chief counsel of the Office of the Comptroller of the Currency, while a longtime agency official has been promoted to oversee its newly elevated chartering and licensing process, the regulator said Tuesday.

  • September 09, 2025

    Colo. Justices Rule Interest Not Covered By $1M Med Mal Cap

    The Colorado Supreme Court has ruled that the state's $1 million cap on medical malpractice damages doesn't encompass certain interest awards when the so-called good cause exception applies, in a suit accusing a doctor of causing a baby's severe brain injury.

  • September 09, 2025

    5th Circ. Says Jarkesy Doesn't Doom OCC Enforcement Action

    A Fifth Circuit panel has upheld industry bans and $250,000 fines against two former top executives of a failed Texas bank, rejecting their bid to overturn an Office of the Comptroller of the Currency enforcement order, finding that the OCC's in-house proceedings and ordered sanctions did not violate the executives' constitutional right to a jury trial.

  • September 09, 2025

    Atty Flashes Weed In NC High Court To Challenge Odor Test

    A defense attorney on Tuesday pulled out a bag of weed in front of North Carolina's seven justices and a courtroom full of sheriffs to illustrate the outcome of letting officers conduct warrantless searches based on the smell of pot alone, saying such a test doesn't work in the age of legalized hemp.

  • September 09, 2025

    Mich. Appeals Court Unsure It Can Force Through Stalled Bills

    A Michigan state appeals court panel wrestled Tuesday with whether courts have the power to compel members of the state's House of Representatives to deliver to the governor legislation that was passed last year by their political opponents.

  • September 09, 2025

    7 Enviro Cases To Watch At The Supreme Court

    The U.S. Supreme Court is considering a slew of environmental cases for the coming term, including jurisdiction disputes in pipeline and pollution cases, a challenge to a Washington state climate change law and Monsanto's bid to undo a $1.2 million weed killer cancer award.

  • September 09, 2025

    PTAB Leader Urges Specificity In Discretionary Denial Briefs

    The Patent Trial and Appeal Board's acting chief judge urged litigants Tuesday to support the arguments they make in the board's new discretionary denial process with specific details about their cases, during a panel where lawyers expressed both frustration about and praise for the system.

  • September 09, 2025

    Head Start Immigration Checks May Be Paused, Judge Hints

    A Washington federal judge seemed open to freezing a Trump administration policy requiring Head Start participants to prove citizenship, directing questions during a Tuesday hearing to how children will be affected after three decades of contrary practice.

  • September 09, 2025

    Ky. Judge Pauses Suit Over CFPB's Small-Biz Loan Rule

    A Kentucky federal judge on Tuesday paused a banking industry lawsuit challenging the Consumer Financial Protection Bureau's small business lender data collection rule while the agency works to revamp the Biden-era measure.

  • September 09, 2025

    Trump's Latest Tariff EO Offers Some Relief, But No Certainty

    President Donald Trump's latest tariff executive order essentially creates an exclusion process for many goods not readily available in the U.S. if the exporter countries enter trade agreements with the U.S., a strategic shift cautiously welcomed by importers even as they still seek certainty for their supply chains.

  • September 09, 2025

    NY Climate Law Challenge Moved To Join Similar Case

    A federal judge has denied business groups' bid to keep a suit challenging New York's climate Superfund law in the Southern District of New York, saying they must pursue the case in the Northern District where Republican-led states brought similar litigation first.

  • September 09, 2025

    New York State And Mohawk Tribe Settle 43-Year Land Dispute

    New York Gov. Kathy Hochul said the state has reached a settlement agreement with the Saint Regis Mohawk Tribe ending a decadeslong land purchase dispute, noting that the deal includes restoring tribal members' access to islands on the St. Lawrence River, improved power usage and education benefits.

  • September 09, 2025

    States, Oil Groups Push For Wins In Drilling Ban Fight

    Republican-led states and oil and gas industry groups pushed for a victory in their lawsuits challenging now-rescinded Biden-era memos that closed off federal waters to offshore drilling, telling a Louisiana federal judge that the memos were clearly unconstitutional.

  • September 09, 2025

    Calif. Bashes EPA's Effort To Toss Truck Emissions Petitions

    California, along with a group of states and cities, urged the Ninth Circuit on Monday to reject the U.S. Environmental Protection Agency's motion to dismiss petitions challenging Clean Air Act waivers allowing the Golden State to make its own truck emissions standards, saying separate litigation should first play out.

  • September 09, 2025

    IRS Ordered To Notify Court Of ICE Info-Sharing Requests

    A D.C. federal judge in a series of orders Friday and Tuesday said the IRS must notify the court within 24 hours of receiving a request from immigration authorities for taxpayer information and hand over administrative records while the court considers a request to stop the intergovernmental data sharing.

  • September 09, 2025

    DC Says Crypto ATM Operator Profits Off Senior Scams

    Athena Bitcoin, one of the country's largest operators of so-called bitcoin automated teller machines, has been sued by the D.C. attorney general for allegedly charging undisclosed fees on deposits it knew were often the result of scams, for failing to implement adequate anti-fraud measures, and for refusing to refund scam victims.

  • September 09, 2025

    MAHA Report Calls For Increased Scrutiny Of Drug Advertising

    The Trump administration on Tuesday pledged to ramp up federal oversight of drug advertising, update dietary guidelines and slash unnecessary regulations as part of its strategy to boost the health of America's children and curb the rise in childhood chronic disease.

  • September 09, 2025

    Wash. Justices Doubt Amazon's Stance On Chemical Suicides

    Washington Supreme Court justices hinted on Tuesday at reviving a series of lawsuits against Amazon for allowing online sales of a chemical used in suicides, suggesting the plaintiff families' cases are strengthened by the alleged promotion of a suicide manual on the product page for sodium nitrite.

  • September 09, 2025

    SEC Sued To Lift Private Market Investment Cap

    A U.S. Securities and Exchange Commission regulation that prohibits individuals making less than $200,000 a year from investing in the private markets is unconstitutionally discriminatory, according to a lawsuit launched against the agency in Texas federal court.

  • September 09, 2025

    Google Says Ad Tech MDL Market Should Stay Within US

    Google has urged a New York federal judge not to expand the scope of its advertising placement technology business as targeted by publishers and advertisers in multidistrict litigation, arguing the plaintiffs had their chance and cannot now latch onto the worldwide scope found in the Justice Department's successful case.

Expert Analysis

  • FTC, CoStar Cases Against Zillow May Have Broad Impact

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    Zillow's partnerships with Redfin and Realtor.com have recently triggered dual fronts of legal scrutiny — an antitrust inquiry from the Federal Trade Commission and a mass copyright infringement suit from CoStar — raising complex questions that reach beyond real estate, says Shubha Ghosh at Syracuse University College of Law.

  • 'Solicit' Ruling Offers Proxy Advisers Compliance Relief

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    The D.C. Circuit recently found that proxy voting advice does not fall under the legal definition of "solicitation," significantly narrowing the U.S. Securities and Exchange Commission's regulatory power over such advisers, offering stability to the proxy advisory industry and providing temporary relief from new compliance burdens, say attorneys at Sheppard Mullin.

  • SAM Update May Ease Tricky Timing Technicalities

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    The Federal Acquisition Regulatory Council's recent rule update, clarifying the System for Award Management's registration requirement, may reduce the number of disqualifications and bid protests resulting from minor lapses, but government contractors should still implement​ procedures t​o ensure early submission​ of registration renewals, say attorneys at Butzel Long.

  • Evaluating The SEC's Rising Whistleblower Denial Rate

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    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.

  • State Crypto Regs Diverge As Federal Framework Dawns

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    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.

  • How 2nd Circ. Cannabis Ruling Upends NY Licensing

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    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.

  • Key Insurance Coverage Considerations For AI Data Centers

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    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.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    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.

  • Unpacking The New Opportunity Zone Tax Incentive Program

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    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.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    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.

  • 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.

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