Public Policy

  • November 05, 2025

    Institutional Investors Rip SEC's 'Radical' Forced Arb. Policy

    A coalition of more than 60 major institutional investors and pension systems slammed the U.S. Securities and Exchange Commission's recent "radical" policy reversal allowing some newly public companies to adopt mandatory arbitration clauses, arguing the move harms both investors and companies, which will face "numerous, time-consuming and costly individual arbitrations."

  • November 05, 2025

    Okla. Seeks Toss Of Medical Marijuana Operators' Suit

    No one has a right to sell marijuana, Oklahoma argued when asking a federal court to quash a lawsuit by a group of medical marijuana companies accusing the state of violating the Constitution's dormant commerce clause by implementing residency requirements to obtain a license.

  • November 05, 2025

    Daytona Beach Asks 11th Circ. To Revive Panhandling Law

    The city of Daytona Beach, Florida, asked the Eleventh Circuit Wednesday to reverse an order declaring unconstitutional a city ordinance criminalizing panhandling in certain parts of the city, arguing the ordinance is not a content-based restriction on speech.

  • November 05, 2025

    Kalshi, Robinhood Say Tribes' Gaming Law Case Lacks Merit

    Kalshi and Robinhood have told a California federal judge that Native American tribes in the state can't bring claims that the trading platforms ran a criminal racket and flouted laws protecting tribal gaming by offering their sports event contracts, since the wagers are ultimately overseen by federal commodity laws.

  • November 05, 2025

    UPS Crash Probe Begins, FAA Plans For 10% Cut In Air Traffic

    A UPS cargo plane that crashed in Louisville, Kentucky, appeared to have an engine on fire that detached from the aircraft during takeoff, the National Transportation Safety Board said Wednesday as investigators began collecting and examining evidence from a fiery crash that left 11 people dead.

  • November 05, 2025

    Dems Nab PSC Spots As Georgians React To High Utility Bills

    Georgia Democrats rolled to victory Tuesday over two Republican members of the state's utility oversight board, breaking the GOP's monopoly on the Public Service Commission and opening the door for shakeups in Peach State energy policy, experts say.

  • November 05, 2025

    Judge Demands Facts In Pa. Medicaid-Paid Abortion Ban Case

    A Pennsylvania Commonwealth Court judge on Wednesday repeatedly asked healthcare providers at oral arguments to show her facts on why a statewide ban on Medicaid-funded abortions was unconstitutional, often remarking that the case was short on evidence to support making changes to the coverage exclusion.

  • November 05, 2025

    AGs Defend Bid To Intervene In DOJ's HPE Merger Deal

    More than a dozen Democratic attorneys general have assailed the Justice Department and Hewlett Packard Enterprise for fighting their bid to peek behind the controversial settlement clearing HPE's $14 billion purchase of Juniper Networks, telling a California federal judge that Congress created court oversight for deals just like this.  

  • November 05, 2025

    Alaska Plumber Fights Feds' Contractor Labor Rule

    Former President Joe Biden's administration didn't have the authority to issue a rule requiring contractors on large federal contracts to agree to union deals, an Alaska plumbing and heating subcontractor argued Wednesday as it asked a federal court to vacate the rule. 

  • November 05, 2025

    Mamdani Taps Ex-FTC Chief Lina Khan For NYC Transition

    New York City Mayor-elect Zohran Mamdani on Wednesday named an all-woman transition team, including former Federal Trade Commission Chair Lina Khan, who attracted the ire of tech giants and corporations by spearheading the Biden administration's aggressive antitrust enforcement.

  • November 05, 2025

    Cypriot Firm Challenges OFAC Sanctions In DC Court

    A Cypriot tech investment company is suing the U.S. Department of the Treasury's Office of Foreign Assets Control, claiming it should be removed from a list of entities under U.S. sanctions brought following the invasion of Ukraine.

  • November 05, 2025

    Calif. GOP Sues To Block Voter-Approved Prop. 50 Districts

    A group of Golden State Republicans sued Gov. Gavin Newsom and the state secretary in California federal court Wednesday, challenging the new redistricting maps that California voters approved Tuesday in passing Proposition 50, which could potentially flip five House seats for Democrats in next year's midterm election.

  • November 05, 2025

    11th Circ. Says Not Feds' Fault If $345M Crypto Key Was Lost

    The Eleventh Circuit has ruled that a man convicted of identity theft cannot sue the government for $345 million he claims he lost because federal investigators wiped a hard drive containing access codes to several thousand bitcoins, noting the man didn't tell investigators about the cryptocurrency.

  • November 05, 2025

    Investigator Immunity Limited In Death Row Exoneree Suit

    An exonerated Florida death row inmate who accused a fingerprint examiner and investigators of causing his wrongful double-murder convictions can continue his case against them, the Eleventh Circuit has ruled, affirming qualified immunity does not shield them from certain allegations.

  • November 05, 2025

    Fla. County Employee Fights Prisoner's Injury Suit At 11th Circ.

    A St. Lucie County, Florida, employee told the Eleventh Circuit Wednesday that a lower court should have granted him a win in a prisoner's suit over an injury he caused on a work site, arguing that the facts show there was no Eighth Amendment violation, and he has qualified immunity.

  • November 05, 2025

    NTIA Rule Creates 'Impossible Choice,' Group Says

    The Trump administration's plan to make BEAD recipients promise they will not need federal operational subsidies if they take money from the massive broadband infrastructure program is a bad one, says a broadband advocacy group.

  • November 05, 2025

    Docs Show IRS Improperly Shared Data With ICE, Groups Say

    Documents submitted by the U.S. government to a D.C. federal court show the IRS violated taxpayer privacy laws by sharing individuals' addresses with ICE despite its requests lacking required information and by accepting an unreasonable explanation about why the information was requested, several groups said.

  • November 05, 2025

    FTC Wants 'Tainted' Drs. Testimony Barred From Merger Case

    The Federal Trade Commission wants a D.C. federal judge to bar a pair of outside doctors and consultants from vouching for Edwards Lifesciences' planned JenaValve acquisition, arguing in a filing made public Tuesday that claims of minimal communication between the physicians' counsel and the companies were "at best, misleading."

  • November 05, 2025

    Trump Taps Former GOP Congressman To Lead BLM

    President Donald Trump on Wednesday nominated former New Mexico Republican congressman Steve Pearce to lead the Bureau of Land Management, the U.S. Department of the Interior office that oversees energy development on federal lands.

  • November 05, 2025

    San Antonio Voters Approve Funding For New Spurs Arena

    Texas voters have approved a tax that will provide up to $311 million for a planned $1.3 billion arena for the NBA's San Antonio Spurs, paving the way for a partial downtown redevelopment.

  • November 05, 2025

    Del. Justices Hear Early Challenge To Corp. Law Amendments

    Delaware's corporate litigation elites squared off before the state's Supreme Court on Wednesday over arguments that state lawmakers either righted — or subverted — the Court of Chancery's equity powers in amending the state's General Corporation Law earlier this year.

  • November 05, 2025

    Texas Justices Mull Pro Se Atty's Contact With Opposite Party

    Texas' justices appeared skeptical that a lawyer deserved to get suspended for five years after he contacted members of the Commission for Lawyer Discipline, asking Wednesday whether the rule barring attorneys from directly contacting a party represented by counsel applies to lawyers representing themselves.

  • November 05, 2025

    Conn. Justice Questions 'Credibility Contest' In Fatal Fire Suit

    A Connecticut Supreme Court justice wondered Wednesday if a trial court should rely on expert affidavits to determine the law in a foreign jurisdiction, probing whether a "credibility contest" was the right method for deciding that a lawsuit over a massive fatal fire belongs in the Philippines instead of the U.S.

  • November 05, 2025

    Justices Skeptical About Trump's Emergency Tariff Authority

    Several U.S. Supreme Court justices asked the government to defend why well-established judicial doctrines shouldn't limit President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act during oral arguments Wednesday, casting doubt on whether they believe the law provides that kind of authority.

  • November 05, 2025

    Taft Adds DC Water Leader To New Government Practice

    The top attorney at D.C. Water, the independent authority overseeing water and wastewater matters in the nation's capital, has joined a new team at Taft Stettinius & Hollister LLP, the firm announced Tuesday.

Expert Analysis

  • 2nd Circ. Ruling Gives Banks Shield From Terrorism Liability

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    A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.

  • Calif. Board's Financial-Grade Climate Standards Raise Stakes

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    After the California Air Resources Board's recent workshop, it is clear that the state's climate disclosure laws will be enforced with standards comparable to financial reporting — so companies should act now to implement assurance-grade systems, formalize governance responsibilities and coordinate reporting across their organizations, says Thierry Montoya at Frost Brown.

  • 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.

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