Public Policy

  • September 25, 2025

    Fed. Circ. Upholds China Tariffs From Trump's 1st Term

    The Federal Circuit on Thursday blessed a large batch of tariffs on Chinese goods installed by President Donald Trump during his first White House term, turning away a host of importers' claims that the levies had been imposed illegally.

  • September 25, 2025

    Amazon To Pay $2.5B To End FTC's Prime Claims Midtrial

    Amazon has agreed to a landmark $2.5 billion settlement to end the Federal Trade Commission's consumer protection case targeting its Prime subscription program, the commission announced Thursday, just days into what was expected to be a monthlong trial.

  • September 25, 2025

    Coalition Urges Senate To Block Bills Threatening DC Law

    More than 270 individuals and organizations, including law firms, bar associations and advocacy groups, on Thursday urged the Senate to reject two House bills that they say would usurp the judicial selection process in Washington, D.C., and the independence of D.C.'s attorney general.

  • September 24, 2025

    DC Judge Won't Reinstate IGs Over 'Obvious' Trump Violation

    A Washington, D.C., federal judge on Wednesday declined to reinstate eight inspectors general whom President Donald Trump fired without warning or rationale, finding that while it is "obvious" the president violated federal law governing the removal of inspectors general, the plaintiffs have not shown irreparable harm.

  • September 24, 2025

    'Poorly Drafted' Immigration Case Dismissal Email Withdrawn

    The Executive Office for Immigration Review on Tuesday formally withdrew an email from May that became central to litigation challenging immigration courthouse arrests and quick dismissals of removal proceedings, saying the email, although "poorly drafted," was never policy.

  • September 24, 2025

    ABA Says Trump's Firm Intimidation Policy Isn't Hypothetical

    The American Bar Association on Wednesday urged a D.C. federal court not to dismiss its suit claiming the Trump administration has launched an unconstitutional campaign of intimidation against law firms, arguing that the intimidation firms have experienced isn't hypothetical or imagined, as the government contends.

  • September 24, 2025

    Google Ad Tech Judge Ponders If Order Without Sale Is Enough

    A Virginia federal judge wondered aloud Wednesday if it's necessary to break up Google LLC's advertising placement technology business, or if she can address the monopolies targeted by the U.S. Department of Justice through a "strict set of requirements."

  • September 24, 2025

    DHS Barred From Tying Disaster Aid To Immigration Agenda

    The Trump administration unlawfully attached conditions to emergency service funding that required states to cooperate with the U.S. Department of Homeland Security's immigration enforcement, a Rhode Island federal judge ruled Wednesday, agreeing with a multistate coalition that the conditions are unconstitutional, arbitrary and capricious.

  • September 24, 2025

    Calif. Judge Urged To Reject Noem's Bid To Escape TPS Suit

    An immigrant rights group told a California federal judge that Homeland Security Secretary Kristi Noem is rehashing rejected arguments to try to escape a suit alleging she cut corners to end temporary protected status designations for Honduras, Nicaragua and Nepal.

  • September 24, 2025

    Calif. Tribes Fight State Highway Patrol Over Cannabis Raids

    The Round Valley Indian Tribes have opposed the state of California's motion to dismiss their lawsuit over what they claim are illegal cannabis raids, telling a federal judge that the bid to throw out their suit fails to prevail over the latest complaint's factual allegations.

  • September 24, 2025

    Gunmakers Ask 2nd Circ. For Another Chance At Liability Law

    The Second Circuit has been asked to reconsider its recent ruling that upheld a New York public nuisance statute allowing claims specifically against gun manufacturers that cause public harm, saying the decision flouts a federal law shielding those companies from the criminal misuse of guns.

  • September 24, 2025

    Tower Developer Linked To Menendez Ally Wants Suit Tossed

    The developer behind a disputed high-rise project — once led by a businessman convicted in the bribery scheme involving former U.S. Sen. Robert Menendez — is asking a New Jersey judge to dismiss a lawsuit brought by a neighboring municipality, arguing the case is incurably flawed.

  • September 24, 2025

    Ex-Amazon Worker Said Docs Could Lose FTC Suit, Jury Told

    An Amazon user experience researcher told a colleague in 2024 that documentation of consumers' frustration with the Prime sign-up process "will be the thing that loses the case" for the company if a Federal Trade Commission lawsuit were to reach trial, according to a message shown to a Seattle federal jury Wednesday.

  • September 24, 2025

    USPTO Touts Declining Patent Backlog, Eyes Bigger Drop

    U.S. Patent and Trademark Office officials said Wednesday that its backlog of unexamined patent applications has shrunk this year after new initiatives to reduce it were put in place, and the office has set a goal of steeper drops in the years to come.

  • September 24, 2025

    Calif. Judge Blocks Feds' Transpo, Housing Grant Conditions

    A California federal judge has blocked the Trump administration from requiring cities and local governments to follow "impermissibly vague" directives relating to immigration and diversity, equity and inclusion policies in order to receive federal transportation, infrastructure, housing and other grants that had already been appropriated by Congress.

  • September 24, 2025

    FINRA To Nix Minimum Equity Requirement For Day Traders

    The Financial Industry Regulatory Authority announced Wednesday that its board approved changes to its rules for so-called pattern day trading that would remove a minimum equity requirement for such traders.

  • September 24, 2025

    Michigan's 'Buy Local' Power Rule Shores Up Grid, Judge Told

    Michigan's utility regulator and one of the state's largest utilities have defended a requirement that power providers serving the state must source some of their electricity locally, saying in a court filing the rule helps ensure grid reliability.

  • September 24, 2025

    ACLU, Feds Spar Over Classwide Relief In Guantánamo Case

    The American Civil Liberties Union and the Trump administration filed dueling briefs on whether a D.C. federal judge can certify a class and grant classwide relief in a suit challenging the government's transfer of some detained noncitizens to Guantánamo Bay.

  • September 24, 2025

    High Court Won't Review Legality Of Wilcox, Harris Firings

    The U.S. Supreme Court has rejected former National Labor Relations Board member Gwynne Wilcox's and former Merit Systems Protection Board member Cathy Harris' requests for decisions on whether their firings were lawful, saying it will only review the legality of former Federal Trade Commissioner Rebecca Slaughter's ouster.

  • September 24, 2025

    Court Sides With Texas, Nixes Medicaid Tax Funding Rule

    The federal government improperly expanded a Medicaid funding restriction to private parties that was meant only to govern the use of state taxes to fund the health insurance program, a Texas federal court ruled Wednesday in vacating guidance from the Centers for Medicare & Medicaid Services.

  • September 24, 2025

    GAO Says Energy Dept. Must Review PFAS At Dozens Of Sites

    The U.S. Department of Energy needs to speed up its review of how forever chemicals are and have been used at its sites across the nation, the congressional watchdog agency said Wednesday.

  • September 24, 2025

    DOJ Seeks Dismissal Of Pot User's Gun Charge

    The U.S. Department of Justice wants to end its prosecution of a cannabis user charged with possession of a firearm, telling an Oklahoma federal court on Tuesday that the case is old and it's very likely that the U.S. Supreme Court will soon address the gun law at issue.

  • September 24, 2025

    FTC Merger Filing Overhaul Is Clear Overstep, Chamber Says

    The U.S. Chamber of Commerce and other groups challenging the Federal Trade Commission's recent overhaul of its premerger reporting requirements told a Texas federal court the changes create an unnecessary burden for thousands of deals that raise no competition concerns.

  • September 24, 2025

    Keep Rules Against Phone 'Slamming,' NY Agency Says

    New York state officials want the Federal Communications Commission to keep safeguards in place against phone service "slamming" even though the incidence of people's service being switched without their permission is fading as technology advances.

  • September 24, 2025

    EU Commission Provides Guidance For Blocwide VAT Rules

    The European Commission issued guidance Wednesday to help European Union member states enact blocwide value-added tax rules for the digital economy, including real-time e-invoicing on cross-border transactions.

Expert Analysis

  • Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions

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    The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.

  • Budget Act Should Boost Focus On Trade Compliance

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    Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.

  • NY Bill Would Complicate Labor Law Amid NLRB Uncertainty

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    The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.

  • Trump Tax Law's Most Consequential International Changes

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    The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • How 6th Circ. Ruling Deepens Split On Broker Liability

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    A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.

  • How The Genius Act May Aid In Fight Against 'Pig Butchering'

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    ​​​​​​​The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.

  • Assessing Strategies For Mixed-Use Pro Sports Projects

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    Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.

  • Opinion

    Congressional Bid Protest Concerns Lack Evidence

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    The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.

  • Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop

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    There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.

  • Biosolid Contaminants Spawn Litigation, Regulation Risks

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    While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.

  • When Misconduct Can Trigger Bank Industry Employment Ban

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    The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.

  • Filing Clarifies FTC, DOJ's Passive Investment Stance

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    The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Adapting To USPTO's Tighter Inter Partes Review Rules

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    The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.

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