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Public Policy
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October 14, 2025
Justices Decline 7th Amendment Review In Calif. Pot Case
The U.S. Supreme Court on Tuesday declined to hear a case arguing that the Seventh Amendment right to a jury trial in civil cases should apply in instances of local law enforcement issuing penalties for alleged illicit marijuana cultivation.
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October 14, 2025
High Court Won't Hear FDA Stem Cell Regulation Fight
The U.S. Supreme Court on Tuesday declined to review a circuit court holding that a stem cell treatment derived from a patient's own tissue is subject to Food, Drug and Cosmetic Act regulations.
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October 13, 2025
Fla. Judge Won't Block Trump Library Land Transfer Yet
A Florida state judge punted Monday on a bid to temporarily block the transfer of roughly three acres of land Miami Dade College gave to the state to build the Donald J. Trump Presidential Library, saying the plaintiff needed to present more evidence to back up his request.
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October 10, 2025
Ex-Trump Ally Felix Sater Liable In Money Laundering Trial
A bank and a Kazakh city won $52 million in New York federal court over claims that real estate financier and former Donald Trump ally Felix Sater skimmed money while helping others launder tens of millions of dollars, according to the plaintiffs.
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October 10, 2025
9th Circ. Flouting 'Imperial Judiciary' Warning, Judges Assert
A large contingent of Ninth Circuit judges accused colleagues Friday of ignoring recent U.S. Supreme Court decisions limiting legal remedies in politically charged disputes, adding fresh fuel to a heated debate over the judiciary's handling of suits against the Trump administration.
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October 10, 2025
4th Circ. Denies Shutdown-Based Stay In DOGE Access Case
A Fourth Circuit panel has refused to grant the government more time to respond to several major unions' petition for an en banc rehearing regarding the panel's split August decision granting the Department of Government Efficiency access to personal data that is held by several federal agencies.
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October 10, 2025
Delta, Aeromexico Say USDOT Erred In Blocking Partnership
Delta Air Lines and Aeromexico have asked the Eleventh Circuit to vacate the U.S. Department of Transportation's order terminating approval of their joint venture and ordering them to dismantle it by January, according to a petition for review posted to the case docket Friday.
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October 10, 2025
Federal Worker Unions Press For Immediate Block Of Layoffs
Unions representing federal workers urged a California federal court Friday to immediately block the Trump administration from laying off workers amid the government shutdown as the administration acknowledged it had begun issuing reduction-in-force notices to thousands of employees.
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October 10, 2025
SG Tells Justices Courts Should Defer To BIA On Persecution
Solicitor General D. John Sauer has urged the U.S. Supreme Court to find that courts should defer to Board of Immigration Appeals' determinations on whether asylum seekers suffered persecution or the threat of persecution back home, arguing that it's a factual analysis that appellate courts are "ill-equipped to handle."
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October 10, 2025
Ill. AG, Retailers Will Split Swipe-Fee Law's Defense At Hearing
A Chicago federal judge has agreed to allow a coalition of merchant groups to take part in a key hearing later this month that could decide a banking industry legal challenge to the Illinois Interchange Fee Prohibition Act, a law banning swipe fees on tax and tip payments.
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October 10, 2025
FAIR Sues LAPD, LA Sheriff's Dept. Over ICE Records Delays
A conservative nonprofit that advocates for reductions in immigration sued the Los Angeles Police Department and Los Angeles County Sheriff's Department on Friday, saying they have not properly responded to open records requests seeking their communications related to U.S. Immigration and Customs Enforcement.
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October 10, 2025
5th Circ.'s FDIC Ruling 'Cries Out' For Review, Ex-CEO Says
A former Texas bank CEO has asked the full Fifth Circuit to revive his constitutional challenge to the Federal Deposit Insurance Corp.'s in-house enforcement process, arguing that a recent panel decision to reject his case as premature "cries out" for review.
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October 10, 2025
SEC's Atkins Commits To Expanding Use Of Wells Process
U.S. Securities and Exchange Commission Chairman Paul Atkins plans to refresh the agency's Wells process of engaging with firms ahead of potential enforcement actions, saying he intends for the agency to be more forthcoming with investigative findings and provide more time and opportunities to respond to these findings.
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October 10, 2025
AI Company Wants Justices' Input On 'Interested Party' Ruling
Percipient.ai urged the U.S. Supreme Court to review an en banc Federal Circuit ruling limiting who qualifies as an interested party eligible to protest an alleged statutory violation committed by the government in connection with a procurement at the U.S. Court of Federal Claims.
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October 10, 2025
DOJ Can't Pause Review Of UnitedHealth Deal Amid Shutdown
A Maryland federal judge rejected the U.S. Department of Justice's bid to stay its recently settled case with UnitedHealth over the company's merger with Amedisys because of the government shutdown and lapse in appropriations, ruling that a stay would impede the DOJ's ability to evaluate the public interest in the settlement.
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October 10, 2025
AstraZeneca Strikes 'Most Favored Nation' Price Deal
Pharmaceutical giant AstraZeneca on Friday cut a deal with the Trump administration to reduce drug prices in the United States, agreeing to provide its medications for Medicaid beneficiaries at discount prices.
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October 10, 2025
FERC's $1B Penalties Would Doom Energy Co., NC Judge Told
An energy efficiency aggregator told a North Carolina federal judge that it will go out of business without an order blocking the Federal Energy Regulatory Commission from imposing nearly $1 billion in penalties against it for alleged market manipulation and tariff violations.
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October 10, 2025
Senate Passes $925B Defense Bill, Ends Military Force In Iraq
The U.S. Senate approved a $924.7 billion defense policy and budget bill for 2026 late Thursday evening, which includes an amendment that would formally end Congress' decades-old authorizations for the use of military force in Iraq.
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October 10, 2025
Up Next At High Court: Voting Rights & Warrantless Entries
The U.S. Supreme Court will return Tuesday to hear oral arguments in four cases, including a dispute over the constitutionality of the last remaining provision of the Voting Rights Act and whether federal prisoners seeking postconviction relief are subject to the same rules as state inmates.
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October 10, 2025
Calif. Panel Says City's Affordable Housing Map Is Flawed
A California appellate court has revived a lawsuit brought by developers challenging Redondo Beach's plans to develop lower- and moderate-income housing, ruling on Friday the city's map for the plans violates state law.
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October 10, 2025
GOP Reps Back Legality Of Trump Birthright Citizenship Order
Eighteen Republican lawmakers on Friday told the U.S. Supreme Court the Trump administration is right to assert that the 14th Amendment was never meant to confer birthright citizenship to the children of parents who are in the country without legal authorization.
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October 10, 2025
More Gun Rights Groups Take Aim At National Firearms Act
Gun rights groups have launched another lawsuit aimed at repealing the National Firearms Act in the Northern District of Texas, joining a growing number of legal challenges to the gun law that controls access to short-barreled rifles and firearms with suppressors.
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October 10, 2025
Squires Says Patent Eligibility Needed For National Security
The newly confirmed head of the U.S. Patent and Trademark Office has solidified his views that making more inventions eligible for patent protection is imperative for national security, saying expansive eligibility speaks to "the very spirit of American ingenuity."
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October 10, 2025
Supreme Court Asked To Consider Appeal Over AI-Created Art
A computer scientist who was denied a copyright for artwork created by an artificial intelligence system he built has asked the U.S. Supreme Court to review his appeal challenging the U.S. Copyright Office's decision.
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October 10, 2025
Feds Nix Large-Scale Enviro Review Of Nev. Solar Project
The U.S. Department of the Interior confirmed that it canceled a broad environmental review of a massive solar development in Nevada, saying it would instead perform individual reviews of the seven projects that make up the development.
Expert Analysis
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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The Consequences Of OCC's Pivot On Disparate Impact
The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.
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FDA Transparency Plans Raise Investor Disclosure Red Flags
The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.
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Rising USCIS Denials May Signal Reverse On Signature Policy
Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits
A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.
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How FDIC Appeals Plan Squares With Fed, OCC Processes
The Federal Deposit Insurance Corp.'s recent proposal to revise its appeals process merits a fresh comparison to the appeals systems of the Federal Reserve and Office of the Comptroller of the Currency, and would provide institutions with greater transparency and independence, say attorneys at Alston & Bird.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'
The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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A Changing Playbook For Fighting Records Requests In Del.
The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
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Tesla Verdict May Set New Liability Benchmarks For AV Suits
The recent jury verdict in Benavides v. Tesla is notable not only for a massive payout — including $200 million in punitive damages — but because it apportions fault between the company's self-driving technology and the driver, inviting more scrutiny of automated vehicle marketing and technology, says Michael Avanesian at Avian Law Group.