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Public Policy
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October 07, 2025
Senate Confirms Trump's Wage Chief Pick
The U.S. Senate confirmed President Donald Trump's nominee to lead the U.S. Department of Labor's Wage and Hour Division on Tuesday.
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October 07, 2025
Judge Concerned As Feds Keep Immigration Atty's Phone Data
A federal prosecutor told a Massachusetts judge on Tuesday that the government has returned a phone it seized from an immigration lawyer but does not intend to delete data it pulled from the device, prompting the court to raise concerns that the information could be used to identify and arrest immigrants.
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October 07, 2025
Approach The Bench: Judge Kaplan On Suit Against The Gov't
U.S. Court of Federal Claims Judge Elaine Kaplan's docket doesn't always garner attention in the same way trial court cases do, but that may change as the executive branch makes sweeping budget and policy changes that could lend more political significance to monetary claims against the government.
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October 07, 2025
Planners Should Be Tariffed As Calendars, Fed. Circ. Told
Weekly planners sold by a California calendar company are advertised for their calendars and should be considered such for tariff purposes, counsel for the business told Federal Circuit judges Tuesday, arguing the lower court and government incorrectly classified them as a type of notebook.
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October 07, 2025
La. Challenges Mail-Order Access To Abortion Medication
The state of Louisiana on Monday sued federal regulators for expanding access to the abortion medication mifepristone under the Biden administration, alleging the removal of an in-person dispensing requirement allows the drug to be mailed illegally into anti-abortion states.
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October 07, 2025
Baker Donelson Forms Gov't Solutions, Public Funding Group
Baker Donelson Bearman Caldwell & Berkowitz PC announced Tuesday that it has launched a government solutions and public funding group to help clients prepare for, respond to and recover from disasters — while identifying and securing public funding opportunities at the federal, state and local levels.
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October 07, 2025
Bondi Declines To Discuss James Comey Indictment
Appearing before the Senate Judiciary Committee on Tuesday, U.S. Attorney General Pam Bondi deflected when questioned on the recent indictment of former FBI Director James Comey and other controversies involving the U.S. Department of Justice.
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October 07, 2025
Mich. Court Scraps Ruling That Affirmed Solar Farm Permit
A Michigan state appeals court tossed a ruling that upheld a township's permit for an Invenergy subsidiary's industrial-scale solar farm, concluding that its board of trustees failed to sufficiently explain or provide a basis for its decision.
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October 07, 2025
California Aims To Sink DOJ's 'Egg Prices' Animal Law Case
California, state egg farmers and animal rights groups are asking a federal court to dismiss the U.S. government's lawsuit that seeks to eliminate animal welfare laws that it alleges have contributed to a rise in egg prices.
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October 07, 2025
Pa. Justices Wary Of Lifting Corporate Veil To Beat Time Limit
Members of Pennsylvania's Supreme Court seemed skeptical of a bid by asbestos claimants to sue the parent company of a defunct industrial firm, pointing to a two-year time limit for claims against the dissolved subsidiary.
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October 07, 2025
Mich. Panel Upholds Hazing Charges In Frat Member's Death
A Michigan appeals panel upheld the constitutionality of a state law criminalizing hazing that results in injury or death, greenlighting charges stemming from a Michigan State University fraternity pledge's death from alcohol poisoning.
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October 07, 2025
11th Circ. Won't Halt Labor Mandate Case For Gov't Shutdown
The federal government can't stay a builders association's case challenging an executive order that requires union-favoring labor agreements for expensive government contracts, the Eleventh Circuit ruled, declining a request made in light of the government shutdown.
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October 07, 2025
SEC's Atkins Wants To 'Future-Proof' Deregulatory Agenda
U.S. Securities and Exchange Commission Chairman Paul Atkins said Tuesday that he hopes that moving quickly to adopt new rules deregulating the public and private markets will "future-proof" his agenda against potential tampering by succeeding presidential administrations.
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October 07, 2025
Copyright Chief Says DC Circ. Decision Bars Removal
Shira Perlmutter has shot back at the government's arguments defending President Donald Trump's decision to fire her as head of the U.S. Copyright Office, saying the D.C. Circuit has said in her case that Trump likely never had the power to do so.
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October 07, 2025
Cos., Mass. Town End $50M Earth Removal Permit Bylaw Suit
A construction supplies company and its quarry operator have agreed to permanently bring an end to their more than $50 million suit challenging a Massachusetts town's amended bylaw for earth removal permits that allegedly impeded the plaintiff's quarry operations, according to a stipulation of dismissal filed in Massachusetts federal court.
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October 07, 2025
Calif. Allows Tax Break For Solar Property Until Owner Change
A California property tax exclusion for newly built solar energy systems that is set to end in 2027 will continue to apply until there is a change in a qualifying property's ownership under a bill signed by Democratic Gov. Gavin Newsom.
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October 07, 2025
FDIC, OCC Rule Proposals Seek To Rein In Bank Supervision
Federal banking regulators on Tuesday unveiled a pair of proposed curbs on their supervision programs that would formally ban the use of reputation risk as an exam factor and constrain what examiners can call out for criticism as an "unsafe or unsound" practice.
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October 06, 2025
High Court Declines Challenge To Ore. Secret Recording Ban
The U.S. Supreme Court on Monday refused to take up conservative media group Project Veritas' First Amendment challenge to an Oregon law prohibiting secret audio recordings of people's conversations, leaving in place a Ninth Circuit ruling upholding the measure.
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October 06, 2025
New H-2A Wage Rule May Worsen Farm Labor Shortages
A new regulation revamping wage calculations for workers on temporary H-2A visas is being welcomed by agricultural employers, but the possibility of depressed wages could tie up the policy in litigation at a time when the Trump administration is predicting farm labor shortages.
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October 06, 2025
OCC To Ease Exams, Simplify Licensing For Smaller Banks
The Office of the Comptroller of the Currency moved Monday to ease its oversight of banks with under $30 billion in assets, rolling out policy changes that include cutting back on their exam requirements and potentially expanding their access to expedited licensing options.
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October 06, 2025
Justices Hint At Barring Del. Med Mal Law In Federal Court
The U.S. Supreme Court on Monday appeared to side with a retired attorney's position that a Delaware medical malpractice statute clashes with federal rules of procedure and is therefore unenforceable in federal court, with several justices saying the law appears to be an improper procedural requirement.
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October 06, 2025
Justices Urged To Leave Trans Passport Ban On Ice
Two classes of transgender and nonbinary people urged the U.S. Supreme Court on Monday to reject the Trump administration's bid to lift a nationwide order that requires it to continue issuing passports that reflect the holders' gender identity, saying the proposed policy change is a textbook example of an unreasoned decision.
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October 06, 2025
Broadcasters Say FCC Can Nix Nat'l Ownership Cap. It's Iffy
Top TV station chains insist the Federal Communications Commission has clear authority to scrap a decades-old cap on national audience share controlled by any one company. But they're wading into a murky legal area almost certain to prompt a flood of litigation.
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October 06, 2025
ICE Accused Of Silencing Press And Protesters In Chicago
Chicago-area journalists and demonstrators on Monday sued the Trump administration in Illinois federal court, alleging in a proposed class action that federal agents in full combat gear have been violently violating their First Amendment rights to protest peacefully and report news.
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October 06, 2025
DC Circ. Grills Feds Over Expedited Removal Procedures
A D.C. Circuit judge on Monday pressed the government about the procedures in place for ensuring noncitizens who are ineligible for expedited removal aren't deported, noting a dearth of evidence about their sufficiency.
Expert Analysis
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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Conflicting Developments In Homelessness Legal Landscape
Looking at an executive order and Third Circuit opinion from last month highlights the ongoing tension in homelessness-related legal issues facing state and local governments, property owners, and individuals experiencing homelessness, says Josh Collins, an attorney for the City of South Salt Lake.
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Taxpayers Face Tough Choices Under NJ's New Nexus Rules
Though New Jersey’s new rules expanding the commercial nexus that triggers state taxation are likely to be challenged, businesses still need to carefully consider whether it’s best to minimize potential tax by reducing online customer support services or maintain their current instate services and begin paying tax, say attorneys at Husch Blackwell.
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AG Watch: Texas Embraces The MAHA Movement
Attorneys at Kelley Drye examine Texas Attorney General Ken Paxton's actions related to the federal Make America Healthy Again movement, and how these actions hinge on representations or omissions by the target companies as opposed to specific analyses of the potential health risks.
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Bipartisan Bill Could Aid ESOP Formation, Valuation Clarity
The proposed Retire through Ownership Act represents a meaningful first step toward clarifying whether transactions qualify under the adequate consideration exemption in the Employee Retirement Income Security Act, potentially eliminating the litigation risk that has chilled employee stock ownership plan formation, say attorneys at Moore & Van Allen.
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ESG-Focused Activism Persists Despite Proxy Curbs
Shareholder activism focused on environmental, social and governance factors appears poised to continue, despite the U.S. Securities and Exchange Commission's recent move toward exclusions in proxy voting proposals around ESG, say attorneys at Mintz.
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How Community Banks Can Limit Overdraft Class Action Risk
With community banks increasingly confronted with class actions claiming deceptive overdraft fees, local institutions should consider proactively revising their customer policies and agreements to limit their odds of facing costly and complicated consumer litigation, say attorneys at Jones Walker.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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How States Are Regulating Health Insurers' AI Usage
The absence of a federal artificial intelligence framework positions states as key regulators of health insurers’ AI use, making it important for payors and service providers to understand the range of state AI legislation being passed in California and elsewhere, and consider implementing an AI-focused compliance infrastructure, say attorneys at Ropes & Gray.
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How To Navigate NYC's Stricter New Prenatal Leave Rules
On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.
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HHS Plan To Cut Immigrant Benefits Spurs Provider Questions
A recent notice from the U.S. Department of Health and Human Services identifying new federal public benefit programs for which nonqualified aliens are not eligible may have a major impact on entities that participate in these programs — but many questions remain unanswered, say attorneys at Foley.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Strategies For ICE Agent Misconduct Suits In The 11th Circ.
Attorneys have numerous pathways to pursue misconduct claims against U.S. Immigration and Customs Enforcement agents in the Eleventh Circuit, and they need not wait for the court to correct its misinterpretation of a Federal Tort Claims Act exception, says Lauren Bonds at the National Police Accountability Project.
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Opinion
SEC Should Restore Its 2020 Proxy Adviser Rule
Due to concerns over proxy advisers' accuracy, reliability and transparency, the U.S. Securities and Exchange Commission should reinstate its 2020 rule designed to suppress the influence that they wield in shareholder voting, says Kyle Isakower at the American Council for Capital Formation.
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DOJ Consumer Branch's End Leaves FDA Litigation Questions
With the dissolution of the U.S. Department of Justice's Consumer Protection Branch set to occur by Sept. 30, companies must carefully monitor how responsibility is reallocated for civil and criminal enforcement cases related to products regulated by the U.S. Food and Drug Administration, say attorneys at Foley & Lardner.