Public Policy

  • July 11, 2025

    Feds Urge 1st Circ. To Toss Third Country Injunction

    The Trump administration urged the First Circuit to throw out an injunction enforcing due process protections for immigrants facing deportation to third countries, saying the U.S. Supreme Court concluded the government is likely to succeed on the merits of the challenge.

  • July 11, 2025

    Suppressing Rival Views Can Break Antitrust Laws, DOJ Says

    The anti-vaccine group once tied to Secretary of Health and Human Services Robert F. Kennedy Jr. got a boost Friday in its D.C. federal court suit alleging that the Associated Press, The Washington Post, Reuters and the BBC colluded with social media platforms to censor rivals, drawing a Justice Department brief assailing news organization assertions that viewpoint competition can't be illegally suppressed.

  • July 11, 2025

    Calif. County Asks Justices To Deny 7th Amendment Review

    A Northern California county is urging the U.S. Supreme Court not to hear a case arguing that the constitutional right to a jury trial should apply in instances of local law enforcement issuing civil penalties for alleged illicit marijuana growing.

  • July 11, 2025

    FTC Looks To Extend Pause Of Noncompete Rule Appeal

    The Federal Trade Commission has asked the Fifth Circuit to keep an appeal over the commission's blocked noncompete rule on hold for another 60 days as the agency continues to mull whether it actually wants to defend the rule.

  • July 11, 2025

    Conservative Groups Bash Idea Of Next-Gen TV Mandate

    The growing battle over potential federal rules to move the U.S. toward next-generation TV continued this week as several right-leaning groups came out swinging against government mandates forcing the switchover.

  • July 11, 2025

    US Seeks To Toss DOGE Taxpayer Data-Sharing Suit

    Unions and advocacy organizations trying to block the White House's Department of Government Efficiency from sharing taxpayer data across agencies have not shown they've suffered the sort of injuries that would allow them to sue the federal government, the U.S. government told a D.C. federal court.

  • July 11, 2025

    Trump Declares 35% Canadian Import Tariff Is Coming Aug. 1

    President Donald Trump has sent a letter to Canadian Prime Minister Mark Carney indicating Canadian goods entering the U.S. outside the compliance of a regional trade agreement will face 35% tariffs beginning Aug. 1.

  • July 11, 2025

    Connecticut Wins Bid To Halt 80-Acre Tribal Land Acquisition

    A federal judge has blocked the federal government from transferring 80 acres of land into trust for a Connecticut tribe, saying the state — by a narrow margin — established the factors necessary to warrant a temporary injunction to preserve the status quo.

  • July 11, 2025

    Dem States Drop Bid To Block Machine Gun Trigger Returns

    Sixteen Democrat-led states and the District of Columbia told a Maryland federal judge Friday that they are dropping their motion to block the federal government from returning forced-reset triggers for guns to their owners, following declarations from the government and others that they would not distribute the products into states where possession is illegal.

  • July 11, 2025

    Feds Flag Possible Atty Conflict In Cuellar Bribery Case

    Federal prosecutors on Friday asked for a hearing in the bribery case of U.S. Rep. Henry Cuellar of Texas to determine if one of his lawyers should bow out because he previously represented a witness whom he helped set up a consulting firm allegedly used to funnel money to the congressman.

  • July 11, 2025

    Bove Faults 'Heavy-Handed' Jan. 6 Cases

    Third Circuit nominee Emil Bove, who is currently serving in the U.S. Department of Justice, in his post-hearing questionnaire obtained by Law360 on Friday, drew what he says is a distinction between condemning violence against law enforcement officers and over-prosecution of Jan. 6 rioters.

  • July 11, 2025

    Pa. Panel Won't Give Town Official Immunity For Atty Insult

    A Pennsylvania township commissioner isn't entitled to immunity for remarks he made at a meeting about an attorney and her opposition to a neighbor's use of his property, since he was not speaking at his own meeting or addressing a matter of public importance, a state appellate panel has ruled

  • July 11, 2025

    DOJ Slams 'Stingy' Reading Of Trump's Border Authority

    Government attorneys told the D.C. Circuit that a lower court's injunction stopping President Donald Trump from restricting asylum at the southern border is based on a "stingy" interpretation of his authority, warning that if it's left to stand, it could thwart border security efforts.

  • July 11, 2025

    Pa. House OKs State Actions To Combat False Claims

    Pennsylvania would allow the state's attorney general to pursue actions against people who make false claims to use state programs under a bill passed by the state House of Representatives.

  • July 11, 2025

    Transportation Policies To Watch In 2025: A Midyear Report

    Sweeping new tariffs, revised vehicle emission and fuel-economy standards, and aviation safety reforms are some of the transportation industry's top regulatory priorities to watch in the second half of 2025.

  • July 11, 2025

    Judge Upholds NYC Law Blocking Broker Fees For Tenants

    A New York federal judge has refused to preliminarily block a New York City law that bans broker fees for landlord brokers under specific circumstances.

  • July 11, 2025

    Judge Lifts 2-Year Stay In Okla. Tribal Gambling Compact Row

    A D.C. federal judge has lifted a two-year stay in four Oklahoma tribes' challenge to the state and federal government over gambling compacts, while denying their request for Interior Department documents related to the agency's approval of the agreements.

  • July 10, 2025

    9th Circ. Sides With Civil Aid Attys In H-2A Farm Docs Dispute

    A Ninth Circuit panel said Thursday that a lower court overstepped its authority by restricting a civil legal aid organization from using for advocacy purposes information that was gathered during discovery in a class of seasonal farmworkers' now-settled forced labor case against a Washington fruit grower.

  • July 10, 2025

    Nonprofit Calls For Halt To Portland's Labor Peace Policy

    A nonprofit providing janitorial services to the city of Portland urged an Oregon federal judge to block the city's enforcement of a requirement for the contractor to execute a labor peace agreement with a union, arguing the mandate infringes on the First Amendment by making employers stay neutral.

  • July 10, 2025

    Trump Taps Holland & Hart Partner For Montana Bench

    President Donald Trump announced on social media Thursday he has chosen a Holland & Hart LLP partner and veteran government attorney to serve on the federal bench in Montana.

  • July 10, 2025

    Fla. Lawmakers Sue DeSantis Over Detention Center Access

    Democratic state lawmakers in Florida sued Gov. Ron DeSantis on Thursday to demand access to the new immigrant detention center in the Everglades the lawmakers say they were blocked from visiting last week.

  • July 10, 2025

    HHS Narrows Health Benefits Available To Noncitizens

    The U.S. Department of Health and Human Services on Thursday announced that immigrants living in the country without legal authorization and other noncitizens will no longer be eligible for benefits under Head Start and a host of other federal healthcare programs, based on the agency's reinterpretation of a 1996 social welfare law.

  • July 10, 2025

    Judge Mulls 48-Hour Hold To Protect Abrego Garcia's Rights

    An Immigration and Customs Enforcement official testified Thursday that Kilmar Abrego Garcia would be taken into custody as soon as he's released from U.S. Marshals Service custody in Tennessee, but that no determinations had yet been made about where the government might seek to deport him then.

  • July 10, 2025

    Uber, Instacart Fight Seattle's Driver Rights Law At 9th Circ.

    A Ninth Circuit panel appeared split on Thursday while hearing Uber and Instacart's challenge to a Seattle city ordinance regulating deactivation of app-based worker accounts, with the judges seemingly at odds on whether the law forced commercial speech while still unconvinced of a First Amendment violation.

  • July 10, 2025

    'Admonition' But No More Amazon Penalty For Hidden Docs

    A federal judge in Washington state took Amazon.com to task Thursday for "bad faith" material review that labeled tens of thousands of documents as covered by attorney-client privilege despite involving no legal advice, but the judge, who is presiding over the Federal Trade Commission's Prime subscriptions case against the company, opted against further punishment.

Expert Analysis

  • Bill Leaves Renewable Cos. In Dark On Farmland Reporting

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    A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • Opinion

    FCPA Shift Is A Good Start, But There's More DOJ Should Do

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    The U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines bring a needed course correction amid overexpansive enforcement, but there’s more the DOJ can do to provide additional clarity and predictability for global companies, say attorneys at Norton Rose.

  • Opinion

    IRS Should Work With Industry On Microcaptive Regs

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    The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.

  • How Providers Can Brace For Drug Pricing Policy Changes

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    Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.

  • Comparing New Neural Data Privacy Laws In 4 States

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    Although no federal law yet addresses neural privacy comprehensively, the combined effect of recent state laws in Colorado, California, Montana and Connecticut is already shaping the regulatory future, but a multistate compliance strategy has quickly become a gating item for those experimenting with neuro-enabled workplace tools, says Kristen Mathews at Cooley.

  • 2025's First Half Brings Regulatory Detours For Fintechs

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    The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.

  • Debunking 4 Misconceptions Around Texas' IV Therapy Law

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    Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.

  • A Pattern Emerges In Justices' Evaluation Of Veteran Statute

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    The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • Psychedelic Treatment Regs May Be At A Tipping Point

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    Recent scientific and public attention suggest that development of psychedelics as treatment for some conditions may be at a tipping point, which could bring on more rapid change and opportunities for stakeholders who may in the future benefit from greater access to safe and effective psychedelic medicines, say attorneys at King & Spalding.

  • In NRC Ruling, Justices Affirm Hearing Process Still Matters

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    The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.

  • Comparing Stablecoin Bills From UK, EU, US And Hong Kong

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    For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.

  • What Baseball Can Teach Criminal Attys About Rule Of Lenity

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    Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

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