Public Policy

  • September 09, 2025

    'Open Questions' Raised About Live Nation Arbitrator

    The Ninth Circuit rebuke of Live Nation's chosen consumer complaint arbitrator was raised in a New York federal court with an order calling for discovery into the arbitrator and its relationship to the company's Latham & Watkins LLP attorneys.

  • September 09, 2025

    11th Circ. Urged To Revisit Pause Of 'Alligator Alcatraz' Suit

    Environmental groups and a Florida tribe challenging the immigration detention center dubbed "Alligator Alcatraz" have asked the Eleventh Circuit to reconsider its order pausing the case while Florida appeals a preliminary injunction, arguing that it is "overbroad, unnecessary and prejudicial."

  • September 09, 2025

    Full 11th Circ. Backs Health Plan's Gender Care Exclusions

    The Eleventh Circuit struck down a win Tuesday for a transgender sheriff's deputy who sued a Georgia county health plan after it refused to pay for gender-affirming surgery, saying the challenged coverage exclusion did not violate federal anti-discrimination law.  

  • September 09, 2025

    Lutnick Picks Ex-DOJ, TM Leaders To Advise USPTO

    U.S. Secretary of Commerce Howard W. Lutnick has appointed high-profile members to the U.S. Patent and Trademark Office's public advisory committees, nearly six months after clearing them out.

  • September 09, 2025

    Roberts Pauses Foreign Aid Distribution For Now

    Chief Justice John Roberts on Tuesday temporarily stayed a lower court's order requiring the Trump administration to release roughly $4 billion in frozen foreign aid while the U.S. Supreme Court considers a longer-term solution. 

  • September 09, 2025

    Meghan Markle's Sister Asks For Revival Of Defamation Suit

    An attorney for Meghan Markle's half-sister urged the Eleventh Circuit on Tuesday to revive her defamation claims against the duchess, arguing that while individual remarks made during an Oprah Winfrey interview and a Netflix documentary series were not actionable, together they amounted to a smear campaign.

  • September 09, 2025

    Post-Chevron, DC Circ. Again Backs FERC Solar Ruling

    The D.C. Circuit on Tuesday stuck to a decision backing the Federal Energy Regulatory Commission's conclusion that a hybrid solar facility qualified for small-scale power producer perks, following a U.S. Supreme Court-ordered rethink due to the elimination of the so-called Chevron deference.

  • September 09, 2025

    DA Willis, Lawmakers Cite Novel Fight In Constitutional Clash

    A Georgia Senate committee investigating Fulton County District Attorney Fani Willis over her prosecution of President Donald Trump and others in an election interference case and Willis stressed to the state Supreme Court the novel nature of their dispute over a subpoena ordering her to testify, while they took competing sides on the constitutional issues at stake.

  • September 09, 2025

    Justices Grant Fast-Track Review For Trump Tariff Suit

    The U.S. Supreme Court will fast-track its consideration of the government's appeal of a Federal Circuit ruling that President Donald Trump's tariffs under the International Emergency Economic Powers Act are unlawful, according to a Tuesday order.

  • September 09, 2025

    Why SEC, CFTC Crypto Rules 'Sprint' Could Be A Marathon

    The White House-backed push to entice the crypto industry's return to the U.S. with clearer rules is off to a quick start, but experts say the process could drag on longer than anticipated as regulators navigate competing interests of embracing the evolving digital assets market and protecting consumers.

  • September 09, 2025

    NY AG James Hires Munger Tolles For Federal Probes

    New York Attorney General Letitia James recently retained top attorneys at Munger Tolles & Olson LLP amid ongoing federal investigations related to her office's past cases against the Trump Organization and the National Rifle Association.

  • September 09, 2025

    Feds, State Push Fla. Justices To Reject Bondi Ethics Probe

    The federal government and the state of Florida both threw their support behind the Florida Bar and its decision not to investigate U.S. Attorney General Pam Bondi for alleged unethical conduct, calling a Sunshine State lawyer's attempt to force an investigation "lawfare."

  • September 09, 2025

    2nd Circ. Allows NY AG To Curb Nonprofit's Debtor Coaching

    The Second Circuit vacated a lower court order that prevented New York Attorney General Letitia James from stopping a bankruptcy education nonprofit from advising low-income debtors Tuesday, saying that while the state's unauthorized practice of law statutes regulate speech, they are content neutral and should be reviewed under intermediate scrutiny.

  • September 09, 2025

    Ex-Copyright Chief Wants Firing Declared Invalid

    The former head of the U.S. Copyright Office who was fired by President Donald Trump has asked a D.C. federal court to declare that firing invalid, saying it was an attempt by the administration to "seize control of the Library of Congress and the U.S. Copyright Office."

  • September 09, 2025

    Mich. Judge Throws Out Charges For Fake Trump 'Electors'

    A Michigan judge on Tuesday dismissed all criminal charges against Republicans accused of acting as fake electors for President Donald Trump in the 2020 election, finding that prosecutors failed to show criminal intent.

  • September 09, 2025

    Ex-CFTC Atty Presses Religious Bias Claim At 2nd Circ.

    A former Commodity Futures Trading Commission lawyer urged an inquisitive panel of the Second Circuit Tuesday to revive the religious discrimination claims he brought alleging a "gag order" effectively banned him from praying with a friend who was serving as the agency watchdog at the time.

  • September 09, 2025

    Tribes, Enviro Orgs. Urge 9th Circ. To Halt Oak Flat Land Swap

    The U.S. and a copper mining company can't defend a federal law authorizing a land exchange in Arizona's Tonto National Forest, conservation groups and an Apache tribe told the Ninth Circuit on Monday, arguing that requirements for mining the site are unmet due to an inadequate final environmental impact statement.

  • September 09, 2025

    VC Firm's Top Atty Rejoins Skadden To Lead Tech Policy Team

    The former chief legal and policy officer at California-based Sequoia Capital is returning to Skadden Arps Slate Meagher & Flom LLP to lead the firm's tech policy practice, advising clients on related regulation and enforcement matters, the firm announced Tuesday.

  • September 09, 2025

    NY Pot Regulator Says Lawmakers Must Fix Proximity Issue

    The head of New York's cannabis regulatory agency said Tuesday that only the state Legislature could cure a recent destabilizing shift in regulatory interpretation that threatens to upend more than a hundred marijuana businesses.

  • September 09, 2025

    Colorado Justices Uphold Rejection Of City's Telecom Tax

    Tax ordinances in a Colorado city aimed at telecommunications providers, including a T-Mobile subsidiary, established new taxes without voter approval in violation of the state's Taxpayer Bill of Rights, the state Supreme Court ruled.

  • September 09, 2025

    4 Possible Factors In Nadine Menendez's Bribery Sentence

    The New York federal judge tasked with sentencing Nadine Menendez in the high-profile public corruption case that also ensnared her husband, a once entrenched New Jersey politician, will weigh a higher number of mitigating factors than in the usual criminal case, leaving her ultimate penalty a question mark to legal observers.

  • September 09, 2025

    Court Urged To Deny Bid To Block Captive Reporting Rules

    A Texas federal court should deny an injunction to a Texas plastics company seeking to stop the IRS from flagging microcaptive insurance plans as potentially abusive tax avoidance schemes, the U.S. argued, saying the public could lose millions of tax dollars on illegitimate transactions.

  • September 09, 2025

    DOJ, FTC Urged To Probe Drugmakers' Rebate Models

    The American Hospital Association asked the Trump administration to investigate whether major pharmaceutical companies violated antitrust laws as they push out new rebate models for a program that offers discounted drugs to healthcare providers serving low-income patients.

  • September 09, 2025

    States Urge Justices To Quickly Rule Against Trump's Tariffs

    The U.S. Supreme Court should quickly consider the appeal of the Federal Circuit's ruling that President Donald Trump's emergency tariffs are unlawful and affirm that the International Emergency Economic Powers Act doesn't provide the authority to impose duties, the states challenging the measures told the justices this week.

  • September 09, 2025

    Approach The Bench: Judge Shannon Discusses Bankruptcy

    Bankruptcy might seem like a technical and obscure practice area, but not to U.S. Bankruptcy Judge Brendan Shannon.

Expert Analysis

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Unpacking The BIS Guidance On Chinese AI Chip Use

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    In response to May guidance from the Bureau of Industry and Security, which indicates the agency considers a wide but somewhat unclear range of activities involving Chinese integrated circuits to be in violation of its General Prohibition 10, companies should consider adopting enhanced due diligence to determine how firm counterparties may be using the affected chips, says Peter Lichtenbaum at Covington.

  • How To Address Tariff-Related Risks In Commercial Contracts

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    Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.

  • How New Texas Law Targets ESG Proxy Advice

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    A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.

  • 8 Compliance Team Strategies To Support Business Agility

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    Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • Annual Report Shows CFIUS Extending Its Reach In 2024

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    The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.

  • Trump Tax Law's Most Impactful Corp. And Individual Changes

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    The One Big Beautiful Bill Act built on and reshaped elements of the Tax Cuts and Jobs Act, including business interest deductions, bonus depreciation and personal income relief, delivering substantial changes to both corporate and individual tax policy, say attorneys at Weil.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Opinion

    Fla. Misses Opportunity To Rectify Wrongful Death Damages

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    Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.

  • 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.

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