Public Policy

  • October 14, 2025

    NJ, Del. Judges Stress Value Of Local Counsel For IP Attys

    Six judges with significant experience overseeing pharmaceutical patent litigation in the districts of New Jersey and Delaware urged litigators on Tuesday to rely on the expertise of local counsel if they're hoping to impress the court.

  • October 14, 2025

    Enviro Group Sues To Block LNG Export Terminal Extension

    An environmental group told a New Jersey federal judge that the Delaware River Basin Commission unlawfully granted a five-year lifeline for a delayed dock project tied to a proposed liquefied natural gas export terminal in the Garden State.

  • October 14, 2025

    Providers Bring No Surprises Act Fight To High Court

    Two air ambulance providers asked the U.S. Supreme Court to allow them to use the courts to collect on out-of-network billing dispute resolution awards granted under the No Surprises Act, saying that without judicial review, insurers can just skip out on NSA bills to providers.

  • October 14, 2025

    DC Circ. Wonders If $820M Grant Cut Suit Is Contractual

    The D.C. Circuit is set to decide whether a fight with the U.S. Department of Justice over $820 million in canceled public safety grants belongs in district court or before the U.S. Court of Federal Claims after hearing both sides out Tuesday morning.

  • October 14, 2025

    Skinny Labels, Orange Book Take Center Stage In IP Talks

    Patent litigators focused on pharmaceuticals and biotechnology met Tuesday to work through the biggest issues in their industries, including possible reform to skinny label law, frustration with position-switching in litigation, concerns about when to list patents in the U.S. Food and Drug Administration's Orange Book and data on the relatively low impact of new policies at the U.S. Patent and Trademark Office.

  • October 14, 2025

    US Revokes Visas Over Comments Critical Of Charlie Kirk

    The U.S. State Department said Tuesday that it revoked the visas of at least six foreigners over comments they made about the killing of conservative activist Charlie Kirk.

  • October 14, 2025

    Mass. Judge Strikes Down Pentagon's Research Rate Cap

    A Massachusetts federal judge ruled that the U.S. Department of Defense unlawfully capped universities' indirect research cost reimbursements at 15%, calling the move a sudden break from six decades of agency practice that lacks justification and ignores federal regulations. 

  • October 14, 2025

    Justices Decline To Hear Cannabis User's Gun Rights Case

    The U.S. Supreme Court on Tuesday declined to hear one of several petitions urging review of a federal law that prohibits cannabis users from owning guns.

  • October 14, 2025

    Relief Concerns Grow As Sectoral Tariff Actions Build

    Importers' hopes for relief from industrywide tariffs are lagging alongside the trade deals President Donald Trump is trying to broker for some goods, while the administration's accelerated rollout of sectoral levies is also stoking concerns the government may be hamstringing its onshoring goals.

  • October 14, 2025

    Sony Is Among Latest To Apply For OCC Crypto Bank License

    Sony's online banking unit has applied with the Office of the Comptroller of the Currency to set up a U.S. offshoot that would mint stablecoins and custody digital assets, joining a wave of firms that have approached the agency with crypto-related business plans.

  • October 14, 2025

    Fla. Professor Wins Bid To Halt Trump Library Land Transfer

    A Florida state judge Tuesday temporarily blocked the transfer of roughly 3 acres of land Miami Dade College gave to the state to build the Donald J. Trump Presidential Library.

  • October 14, 2025

    Calif. Says Feds Can't Divert $4B High-Speed Rail Funds

    The California High-Speed Rail Authority has asked a federal judge to block the Trump administration from diverting $4 billion in grant funds that were previously set aside for the Golden State's electric high-speed rail project, saying the administration's contrived funding decisions are based on overt political animus.

  • October 14, 2025

    State Farm Must Submit Underwriting Data, Ill. Regulator Says

    Illinois' director of insurance accused State Farm of failing to turn over nationwide data at a zip-code level relating to its homeowners insurance business, telling a state court that the insurance giant has relied on two "legally baseless objections" to avoid its data-sharing obligations.

  • October 14, 2025

    PTAB Discretionary Denials, Reexam Bids Way Up: Report

    The number of Patent Trial and Appeal Board petitions that were denied for discretionary reasons reached a record level in the third quarter of 2025 — more than 200% higher than in all of last year — and patent reexamination requests also spiked, according to a new report from Unified Patents.

  • October 14, 2025

    Calif. Passes New Laws On Children's Use Of Social Media, AI

    California Gov. Gavin Newsom has signed into law several bills aimed at protecting children from threats associated with social media and emerging technologies, including by requiring age verification, limiting liability defenses for artificial intelligence developers and users and having companion chatbots remind minors to take breaks.

  • October 14, 2025

    DC Circ. Upholds SEC's Cap On Exchange Fees

    The D.C. Circuit on Tuesday rejected a call to overturn a U.S. Securities and Exchange Commission regulation capping the fees that exchanges can charge investors, ruling that the agency has "broad regulatory authority" to police the space.

  • October 14, 2025

    Calif. City Wins Cannabis Lab Permit Suit Over RICO Claims

    A cannabis entrepreneur's lawsuit accusing the mayor of a Los Angeles suburb of soliciting a $350,000 bribe in exchange for a permit has been thrown out by a California state judge, who ruled that because no money was actually paid, the businessman's racketeering claims couldn't survive.

  • October 14, 2025

    As Shutdown Drags On, Judiciary To Face Belt-Tightening

    With no end in sight to the government shutdown, the situation for the federal judiciary will get worse after Friday.

  • October 14, 2025

    Biden's Alaska Land Plan Faces Repeal After Senate Vote

    The U.S. Senate approved the repeal of a Biden-era resource management plan for millions of acres of public land in central and northern Alaska, which the state's congressional delegation said unnecessarily restricted energy and other resource development.

  • October 14, 2025

    Judge Won't Block $4.7B Ex-Im Bank Loan For LNG Project

    A D.C. federal judge refused to temporarily block $4.7 billion in financing that the Export-Import Bank of the United States approved for a TotalEnergies SE liquefied natural gas project in Mozambique, a setback for environmental groups challenging the deal.

  • October 14, 2025

    Concrete Co. Can't Challenge $2M Seattle Wage Theft Fine

    A Washington state appellate panel on Monday rejected a concrete subcontractor's appeal of more than $2 million in penalties for wage violations at Seattle construction sites, supporting a city hearing examiner's conclusion that the company was also on the hook alongside the primary contractor.  

  • October 14, 2025

    NYC Mayor Creates Crypto Office Ahead Of Departure

    New York City Mayor Eric Adams on Tuesday issued an executive order to establish a mayoral office focused on attracting crypto talent and economic opportunities to the city, an announcement that comes weeks before the city is set to elect a new mayor.

  • October 14, 2025

    Governor Won't Testify In Conn. Official's Corruption Case

    Connecticut Gov. Ned Lamont won't be called to testify in the bribery and extortion trial of former school construction official Kosta Diamantis after a judge agreed with prosecutors on Tuesday that additional testimony about Diamantis' character and demeanor would be irrelevant to the charges against him.

  • October 14, 2025

    Split 3rd Circ. Won't Redo Order To Count Undated Ballots

    The Third Circuit on Tuesday narrowly rejected a request to take another look at its ruling that Pennsylvania's counties can not discard mail-in ballots with misdated or absent dates on their outer envelopes, with six of the 14 circuit judges, including new-Trump appointee Judge Emil Bove, voting to reconsider its ruling in light of emerging election law in the state.

  • October 14, 2025

    Rural Phone Co. Asks FCC To Revisit $3M Subsidy Clawback

    A rural phone carrier has urged the full Federal Communications Commission to review a decision to claw back $3 million in universal service aid, claiming the move ran counter to an executive order and federal law.

Expert Analysis

  • Preserving Refunds As Tariffs Await Supreme Court Weigh-In

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    In the event that the U.S. Supreme Court decides in V.O.S. Selections v. Trump that the president doesn't have authority to levy tariffs under the International Emergency Economic Powers Act, importers should keep records of imports on which they have paid such tariffs and carefully monitor the liquidation dates, say attorneys at Butzel.

  • How Justices' Ruling Upends Personal Jurisdiction Defense

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    The U.S. Supreme Court's recent decision in Fuld v. Palestinian Liberation Organization, holding that the Fifth Amendment's due process clause does not require a defendant to have minimum contacts with a forum, may thwart foreign defendants' reliance on personal jurisdiction to evade federal claims in U.S. courts, say attorneys at Axinn.

  • Key Points From DOJ's New DeFi Enforcement Outline

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    Recent remarks by the U.S. Department of Justice's Criminal Division head Matthew Galeotti reveal several issues that the decentralized finance industry should address in order to minimize risk, including developers' role in evaluating protocols and the importance of illicit finance risk assessments, says Drew Rolle at Alston & Bird.

  • Revamped Opportunity Zones Can Aid Clean Energy Projects

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    The Qualified Opportunity Zone program, introduced in 2017 and reshaped in the One Big Beautiful Bill Act, offers investors federal tax incentives for development in low-income communities — incentives that are especially meaningful for clean energy projects, where capital-intensive infrastructure and long-term planning are essential, say attorneys at Dentons.

  • Assessing Potential Ad Tech Remedies Ahead Of Google Trial

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    The Virginia federal judge tasked with prying open Google’s digital advertising monopoly faces a smorgasbord of potential remedies, all with different implications for competition, government control and consumers' internet experience, but compromises reached in the parallel Google search monopoly litigation may point a way forward, say attorneys at MoloLamken.

  • Earned Wage Access Providers Face State Law Labyrinth

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    At least 12 states have established laws or rules regulating services that allow employees to access earned wages before payday, with more laws potentially to follow suit, creating an evolving state licensing maze even for fintech providers that partner with banks, say attorneys at Venable.

  • The Pros And Cons Of Levying Value-Based Fees On Patents

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    The potential for a recurring, value-based maintenance fee on patents, while offering some benefits, raises several complications, including that it would likely exceed the U.S. Patent and Trademark Office's statutory authority and reduce research and development activities in the U.S., says Sandip Patel at Marshall Gerstein.

  • Sales And Use Tax Strategies For Renewables After OBBBA

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    With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.

  • 9th Circ. Ruling Leaves SEC Gag Rule Open To Future Attacks

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    Though the Ninth Circuit's recent ruling in Powell v. U.S. Securities and Exchange Commission leaves the SEC's no-admit, no-deny rule intact, it could provide some fodder for litigants who wish to criticize the commission's activities either before or after settling with the commission, says Jonathan Richman at Brown Rudnick.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • How Fashion, Tech Can Maximize New Small Biz Tax Breaks

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    Fashion and technology companies, which invest heavily in innovation, should consider taking advantage of provisions in the One Big Beautiful Bill Act that favor small businesses, restructuing if necessary to become eligible for expanded research and experimental expenditure credits and qualified small business stock incentives, says Aime Salazar at Olshan Frome.

  • Steps To Take As States Expand Foreign-Influence Bans

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    As efforts to curb foreign-influenced corporate political spending continue, companies should be aware of the nuances of related laws and layer an additional analysis when assessing legality of foreign engagement, say attorneys at Steptoe.

  • A Reminder Of The Limits Of The SEC's Crypto Thaw

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    As the U.S. Securities and Exchange Commission's regulatory thaw has opened up new possibilities for tokenization projects, the Ninth Circuit's recent decision in SEC v. Barry that certain fractional interests are investment contracts, and thus securities, illustrates that guardrails remain via the Howey test, say attorneys at Skadden.

  • Genius Act Poses Strategic Hurdles For Community Banks

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    ​​​​​​​The pace of change in digital asset policy, including the recent arrival of the Genius Act, suggests that strategic planning should be a near-term priority for community banks, with careful attention to customer relationships, regulatory developments and the local communities they serve, say attorneys at Jones Walker.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

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