Public Policy

  • October 20, 2025

    Fed. Circ. Revived Chevron In PTAB Appeal, Justices Told

    The Federal Circuit has revived Chevron deference in "all but name," by relying on U.S. Patent and Trademark Office policy to answer a key question about what qualifies as prior art, a law professor has told the U.S. Supreme Court.

  • October 20, 2025

    Connecticut Official Had 'Dirtiest Hands Of All,' Jury Told

    Former Connecticut school construction director Kosta Diamantis was a "corrupt public official" who pushed local authorities to hire a masonry contractor and a construction management firm that paid him a cut of their negotiated government contracts, prosecutors told a jury during closing arguments Monday.

  • October 20, 2025

    Proposed PTAB Rules Bolster SAP's Fight, Fed. Circ. Told

    SAP America Inc. told the Federal Circuit on Friday that its challenge to the U.S. Patent and Trademark Office's stance on Fintiv-based discretionary denials is bolstered by newly proposed USPTO rules, which the company says prove that "mandamus relief is urgently needed to protect important public interests."

  • October 20, 2025

    Tylenol Maker Tells FDA Not To Add Autism Warning

    Tylenol maker Kenvue on Friday told the U.S. Food and Drug Administration to reject a call to add warnings about the risk of using acetaminophen during pregnancy, saying that "expansive" scientific evidence shows there is no proven link between the over-the-counter drug and autism.

  • October 20, 2025

    Exxon Fights 2nd Circ.'s Atty Fees Ruling In NYC Climate Case

    Exxon, BP, Shell and the American Petroleum Institute are asking the Second Circuit for en banc review of a panel's decision to award attorney fees to New York City, which is suing them for deceptive practices around climate change.

  • October 20, 2025

    TikTok Urges Nix Of Wash. Applicant's Pay Transparency Suit

    TikTok urged a Washington state court to toss an applicant's proposed class action claiming the video platform failed to include salary information in job listings, arguing the worker leading the case and dozens of others couldn't show he was harmed by the omission.

  • October 20, 2025

    Emergency Tariffs Unlawfully Unprecedented, Justices Told

    The International Emergency Economic Powers Act has never been used until President Donald Trump to impose tariffs, and nowhere does the law provide that explicit authority, a dozen states, several small businesses and a pair of Illinois toymakers told the U.S. Supreme Court Monday.

  • October 20, 2025

    Youths Appeal Dismissal Of Challenge To Trump Energy Orders

    A group of youths filed a notice of appeal with the Ninth Circuit on Monday, seeking to overturn a Montana federal judge's dismissal of their lawsuit aimed at undoing President Donald Trump's energy-related emergency orders.

  • October 20, 2025

    DC Says It's Ready To Pick Subgrantees For BEAD Money

    The District of Columbia has received the green light from the federal government on how it plans to use its $100 million slice of the Broadband Equity, Access and Deployment program pie after a Trump administration revamp of the program made all the states and territories rework their proposals.

  • October 20, 2025

    Ski Equipment Makers Targeted In EU Antitrust Probe

    The European Union's executive branch on Monday said it, along with local competition authorities, is conducting unannounced inspections at ski equipment companies it believes have formed an illegal cartel in violation of antitrust laws.

  • October 20, 2025

    Connecticut Watchdog Atty Tapped To Lead Utility Regulator

    Connecticut's governor announced Monday that he had chosen the legal and regulatory director for the state consumer watchdog agency, Thomas Wiehl, to serve as the chairman of the Public Utilities Regulatory Authority, and he tapped three others to serve as commissioners of the five-member body.

  • October 20, 2025

    Trump Gets Ohio Opening With Judge Taking Senior Status

    U.S. District Judge Michael H. Watson, who presided over cases involving Ohio State University sex abuse claims, has said he will soon be taking senior status — opening up a judicial seat for President Donald Trump to fill in the Buckeye State.

  • October 20, 2025

    Feds Warned Again Not To Search Immigration Atty's Phone

    A Massachusetts federal judge on Monday again told the government it cannot look at data pulled off an immigration lawyer's phone that it seized at Logan International Airport last month, as the court weighs his request for an order to destroy the information.

  • October 20, 2025

    Mobile Cos. Ask FCC To Revisit Local Interconnection Rule

    Wireless carriers asked the Federal Communications Commission to ditch a rule that allows local exchange carriers to request interconnection agreements with mobile providers, triggering procedures the carriers say can be overly burdensome.

  • October 20, 2025

    Court Tosses Constitutional Challenge To Md. Pot Licensure

    A Maryland federal judge on Monday dismissed a cannabis entrepreneur's constitutional challenge to the state's social equity marijuana licensure program, saying the U.S. Constitution's dormant commerce clause does not apply to cannabis.

  • October 20, 2025

    Give Small Jails More Time On FCC Rate Caps, Rep. Says

    A U.S. lawmaker representing a swath of rural Virginia said the Federal Communications Commission needs to give small jails more time to comply with rate caps on inmate phone calls.

  • October 20, 2025

    3rd Circ. Suspects Process 'Circumvention' In US Atty Role

    The Third Circuit on Monday seemed inclined to back a district court's finding that the U.S. Department of Justice's designation of President Donald Trump's former personal lawyer as New Jersey's top federal prosecutor violated federal law, with one jurist suggesting the appointment raised "serious constitutional implications."

  • October 20, 2025

    Pa. AG To Continue Grid Fight After PUC Bows Out

    Pennsylvania Attorney General Dave Sunday sought to continue the appeal of a Third Circuit decision invalidating the state Public Utilities Commission's denial of a permit for a transmission project after the agency's chairman said he feared the appeal's outcome could weaken state authority.

  • October 20, 2025

    Trade Court OKs Gov't Nixing Duties On Chinese Tile

    The U.S. Department of Commerce correctly found composite tile from China outside the scope of duties ordered on imported ceramic tile after twice failing to support its determination with sufficient evidence, according to an opinion issued by the U.S. Court of International Trade on Monday.

  • October 20, 2025

    Seminary Settles Sex Bias Suit With Ex-Ministry Director

    A Pittsburgh Presbyterian seminary has agreed to settle a former interim director's suit claiming she was fired out of gender bias and for raising complaints that the seminary pushed a racially discriminatory background check policy, according to federal court filings.

  • October 20, 2025

    Red States Back Alaska In High Court Fishing Regs Dispute

    Twenty Republican-led states and leaders of the Arizona Legislature are backing Alaska in its U.S. Supreme Court bid to undo a Ninth Circuit order that barred it from opening part of the Kuskokwim River to all fishers, telling the justices that there are detrimental consequences flowing from the appellate court's decision.

  • October 20, 2025

    NJ Panel Tosses Challenge To Jersey City Plaza Renovation

    A New Jersey appellate court rejected an appeal for a suit that challenged the renovation of a Jersey City plaza, ruling that the appeal is moot because the renovation project is finished and the plaintiffs don't want to get rid of the renovations.

  • October 20, 2025

    EEOC Says It Hasn't Issued Layoff Notices Amid Shutdown

    The U.S. Equal Employment Opportunity Commission has not laid off workers during the government shutdown and will not do so per an order blocking the federal government from terminating employees during the lapse in funding, the agency told a California's federal court.

  • October 20, 2025

    Guam Fund Seeks OK To Appeal Loss Of Military Leave Suit

    A retirement fund for Guam government employees asked a Guam federal judge to let it appeal an order finding the fund and the U.S. territory liable for shortchanging pension contributions for employees who take paid leave while serving in the military.

  • October 20, 2025

    More Fed. Workers Added To TRO Blocking Shutdown Layoffs

    A California federal judge who blocked the Trump administration from laying off workers from two unions representing thousands of federal workers has expanded her temporary restraining order to include three more unions and also clarified that the order covered workers with union contracts that the administration is seeking to ditch.

Expert Analysis

  • Parsing Trump Admin's First 6 Months Of SEC Enforcement

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    The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.

  • HSR Compliance Remains A Priority From Biden To Trump

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    Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.

  • Cos. Face EU, US Regulatory Tension On Many Fronts

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    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.

  • How EU Is Tweaking Enviro Laws After US Trade Deal

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    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.

  • The Consequences Of OCC's Pivot On Disparate Impact

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    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.

  • FDA Transparency Plans Raise Investor Disclosure Red Flags

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    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.

  • Rising USCIS Denials May Signal Reverse On Signature Policy

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    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.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    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.

  • 2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits

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    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.

  • How FDIC Appeals Plan Squares With Fed, OCC Processes

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    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.

  • How GILTI Reform Affects M&A Golden Parachute Planning

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    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.

  • SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'

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    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.

  • Restored Charging Project Funds Revive Hope For EV Market

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    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.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    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.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    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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