Public Policy

  • December 09, 2025

    IRS Provides Guidance On Health Savings Account Expansion

    The IRS provided guidance Tuesday on new tax benefits for Health Savings Account participants, including a provision making bronze and catastrophic plans available through the Affordable Care Act marketplace HSA-compatible, even if they don't meet the definition of a high-deductible health plan.

  • December 09, 2025

    Democrats Push For $1.76B To Fix Defender Budget Shortfall

    Almost 50 Democratic lawmakers are urging congressional appropriators to fix the long-standing budget shortfall for federal defenders in the upcoming full-year budget.

  • December 09, 2025

    'Policy Corps' Aims To Promote Widespread US Connectivity

    A pair of public interest groups on Tuesday started a broad advocacy push for universal service reform and deploying more broadband to underserved areas.

  • December 09, 2025

    No Wrongdoing By County In Valuation Row, Md. Court Says

    A Maryland man failed to exhaust his administrative remedies or show that county authorities committed constitutional violations when he appealed his property's valuation, the Appellate Court of Maryland said, affirming a lower court decision.

  • December 09, 2025

    Feds Push For Dismissal Of H-2A Wage Rule Suit

    The Trump administration asked a Florida federal judge to dismiss a suit challenging a Biden-era rule that boosted wages for foreign H-2A farmworkers, saying the case is moot after a Louisiana federal judge permanently blocked the rule nationwide.

  • December 09, 2025

    Sens. Eye Final Stretch To Wrap Crypto Market Structure Bill

    Sen. Cynthia Lummis, R-Wyo., said Tuesday that she's hoping to share a draft of a crypto market structure bill by the end of the week, but she may have to "cajole the White House" on ethics language and the appointment of Democrats to federal derivatives and securities agencies to get the bill across the finish line.

  • December 09, 2025

    Va. Says Vape Cos. Have No Standing To Challenge State Ban

    The Virginia Attorney General and tax commissioner are urging a federal court to deny a bid to block enforcement of its ban on unapproved e-cigarettes, saying the companies leading the suit don't have standing because the products are federally illegal.

  • December 09, 2025

    Fed. Circ. Nixes Challenges To 'Settled Expectations' Rule

    The Federal Circuit on Tuesday rejected challenges by both Cambridge Industries USA Inc. and Sandisk Technologies Inc. to the U.S. Patent and Trademark Office's policy that patent reviews can be denied based on the owner's "settled expectations" due to the patent's age.

  • December 08, 2025

    Trump's 'Unlawful' Freeze Of Wind Projects Gets Blocked

    A Massachusetts federal judge Monday blocked President Donald Trump's executive order indefinitely pausing permits for wind farm projects, ruling that the order was arbitrary and capricious and contrary to the law.

  • December 08, 2025

    Ex-NY Gov. Aide's Mom Says Alleged FARA Cash Wasn't Dirty

    The mother of a former top aide to New York governors Monday told a Brooklyn federal jury large amounts of cash she held were from legitimate sources, as opposed to prosecutors' claim it was tied to her daughter's alleged scheme to secretly further the People's Republic of China's interests.

  • December 08, 2025

    OCC's Gould Responds To Crypto Trust Charter Concerns

    The head of the Office of the Comptroller of the Currency on Monday expressed skepticism of banking industry concerns surrounding cryptocurrency trust charter applications, asserting in a speech that "innovation, competition, and fair access should always triumph over regulatory stagnation."

  • December 08, 2025

    CFPB's Vought Faces New Funding Suit, Hearing Demand

    Consumer advocates are mounting a new attempt to force Trump budget chief Russell Vought to replenish the Consumer Financial Protection Bureau's dwindling funds, while Senate Democrats are calling for what they say is an overdue hearing on his work at the agency.

  • December 08, 2025

    7-Eleven To Pay $4.5M Penalty Over Fla. Gas Station Buy

    7-Eleven Inc. and its Japanese parent company will pay a historic $4.5 million penalty to settle the Federal Trade Commission's allegations that the convenience store giant bought a Florida gas station without first informing the FTC, in violation of a 2018 agreement, the agency announced Monday.

  • December 08, 2025

    8th Circ. Says Video Privacy Law Doesn't Bind Movie Theaters

    The Eighth Circuit on Monday became the latest court to conclude that movie theaters don't qualify as businesses that are covered by the federal Video Privacy Protection Act, in affirming the rejection of a proposed class action accusing the regional movie chain Cinema Entertainment of illegally sharing website visitors' video viewing activities with Meta. 

  • December 08, 2025

    Defense Bill Aims To Boost Pentagon Contracting Competition

    Lawmakers' latest version of a $900 billion defense policy and budget bill for fiscal year 2026 includes provisions aimed at boosting competition in defense contracting by expanding acceptable past performance examples in contract proposals and penalizing incumbent contractors who file frivolous bid protests.

  • December 08, 2025

    App Maker Says 1st Amendment Bars AG's Removal Demand

    The developer of an application allowing users to report sightings of immigration enforcement authorities accused U.S. Attorney General Pam Bondi on Monday in D.C. federal court of violating his free speech rights by getting Apple to remove it.

  • December 08, 2025

    Cox-Verizon Retrans Spat Shows Reform Needed, Org. Says

    Congress needs to step in and do something about big broadcasters holding television stations "for ransom" every year in order to extract insanely high retransmission consent fees from cable and satellite companies, says a group dedicated to bringing those fees down.

  • December 08, 2025

    Tufts Student's Visa Record Must Be Restored, Judge Says

    A Massachusetts federal judge on Monday ordered the government to reinstate Tufts University graduate student Rümeysa Öztürk's student visa record, finding she has already suffered irreparable harm, including missed professional and academic opportunities, from her record's termination following detention by immigration officers in March.

  • December 08, 2025

    7th Circ. Mulls Vagueness Of Ill. DOC's Use-Of-Force Rule

    A Seventh Circuit judge said Monday that it wasn't the court's job to determine if three fired prison guards violated their employer's use-of-force rule during their violent encounter with a prisoner, and that the court's review was limited to whether the Illinois Department of Corrections imposed an unconstitutionally vague policy.

  • December 08, 2025

    Conservative Justices Probe 'Husk' Of FTC Firing Protections

    The U.S. Supreme Court's conservative majority pushed back Monday against the 90-year-old precedent permitting the removal only for cause of Federal Trade Commission members, and perhaps those serving other independent agencies, calling those safeguards a "dried husk" and wondering where to draw the line for protected agencies.

  • December 08, 2025

    1st Circ. Keeps Planned Parenthood Funding Ban In Place

    The First Circuit on Monday issued an administrative stay that temporarily keeps in place a ban on Medicaid funding for Planned Parenthood, pausing a lower court's ruling.

  • December 08, 2025

    Colo. Supreme Court Sets New Anti-SLAPP Test

    Colorado's high court issued an opinion Monday creating a two-step analysis for judges to conduct when evaluating anti-SLAPP motions to dismiss in defamation cases after issuing a ruling against a Colorado Springs-based veterinary clinic suing two women who published negative reviews about it on social media.

  • December 08, 2025

    District Can't Get News Station's Docs In Principal Firing Case

    A Colorado federal judge on Monday denied Denver Public Schools' motion to compel a local news station to hand over unaired interview footage and other unpublished documents provided to the station by a former DPS principal who alleges the district fired him over a TV news interview.

  • December 08, 2025

    Immigrant Class Certified In Guantánamo Detention Suit

    A D.C. federal court certified a class of noncitizens challenging their detentions at Guantánamo Bay before removal, finding the Immigration and Nationality Act likely doesn't authorize the Trump administration to hold them there.

  • December 08, 2025

    Amazon, UL Say Chinese Cos. Lied About E-Bike Safety Tests

    Amazon and product safety organization UL are accusing a number of Chinese firms of falsely promoting their electric scooters and e-bikes as certified by UL despite never actually having their products tested by the 131-year-old safety group.

Expert Analysis

  • How Litigating Antitrust Fix Helped GTCR Prevail In Court

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    An Illinois federal judge's recent denial of the Federal Trade Commission's injunction request in the GTCR acquisition of Surmodics joins a developing series of cases in which deal parties have prevailed against government antitrust challenges by proposing a post-complaint fix and litigating the as-amended deal, say attorneys at Paul Weiss.

  • What Narrower FinCEN Reporting Spells For Industry

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    As compliance costs soar, the potential slimming down of the Financial Crimes Enforcement Network's anti-money laundering and countering the financing of terrorism regime is welcome news for banks, and would allow a shift in resources to ever-evolving cybercrime threats, say attorneys at Quarles & Brady.

  • Revisiting Jury Trial Right May Upend State Regulatory Power

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    Justice Neil Gorsuch’s recent use of a denial of certiorari to call for the U.S. Supreme Court to revisit whether the Seventh Amendment jury trial right extends to states, building off last year's Jarkesy ruling, could foretell a profound change in state regulators' ability to enforce penalties against regulated companies, say attorneys at Sidley.

  • How Nasdaq, SEC Proposals May Transform Listing Standards

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    Both Nasdaq and the U.S. Securities and Exchange Commission have increasingly focused their recent regulatory efforts on small and foreign issuers, particularly those from China, reflecting an intention to strengthen the overall quality of companies accessing U.S. markets, but also potentially introducing a chilling effect on certain issuers, say attorneys at Norton Rose.

  • New NCAA Betting Policy Fits Trend Of Eased Restrictions

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    Allowing NCAA student-athletes to bet on professional sports fits into a decade-long trend of treating college athletes more like adults in a commercial system, but decreasing player restrictions translates to increased compliance burdens for schools, say attorneys at Robins Kaplan.

  • Series

    Building With Lego Makes Me A Better Lawyer

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    Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.

  • How Banks Can Safely Handle Payments For Gambling Biz

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    As the betting market continues to expand, it's crucial for banks and fintechs to track historical developments in wagering and ongoing prediction markets litigation that can factor into a risk analysis for payment processing with respect to gambling operators, says Laura D'Angelo at Jones Walker.

  • Wading Into NY Wetland Regs' 2025 Changes And Challenges

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    Solar developers in New York should keep a weather eye on litigation challenging the New York Department of Environmental Conservation’s recently expanded authority to regulate wetlands and waterways, which could erode the impact of a new permitting process meant to streamline solar development on protected wetlands, say attorneys at Foley Hoag.

  • Series

    Law School's Missed Lessons: Networking 101

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    Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.

  • Defeating Estoppel-Based Claims In Legal Malpractice Actions

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    State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.

  • Takeaways As Justices Let 5th Circ. Pollution Ruling Stand

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    The U.S. Supreme Court's recent certiorari denial leaves intact a Fifth Circuit ruling that environmental justice organizations have standing to pursue a civil rights challenge to a parish's land-use practice, underscoring the importance of local governments proactively engaging with communities to address cumulative impacts of development, say attorneys at ArentFox Schiff.

  • AI's Role In Google Antitrust Suit May Reshape Tech Markets

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    The evolution of AI in retail has reshaped the U.S.' antitrust case against Google, which could both benefit small business innovators and consumers, and fundamentally alter future antitrust cases, including the Federal Trade Commission's lawsuit against Amazon, says Graham Dufault at ACT.

  • Series

    The Biz Court Digest: How It Works In Massachusetts

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    Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.

  • Next Steps For DOE's Large-Load Interconnection Reforms

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    The U.S. Department of Energy's recent letter to the Federal Energy Regulatory Commission may mark a substantial expansion of FERC's open-access framework for large-load facilities, though the proposed timeline for the rulemaking appears to be extraordinarily short, say attorneys at Davis Wright.

  • Adapting To Calif.'s Enhanced Regulation Of PE In Healthcare

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    New California legislation enhances oversight on the role of private equity groups and hedge funds in healthcare transactions, featuring both a highly targeted nature and vague language that will require organizations to carefully evaluate existing practices, says Andrew Demetriou at Husch Blackwell.

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