Public Policy

  • November 19, 2025

    DC Judge Revives Contempt Probe Of Alien Enemy Removals

    U.S. District Judge James Boasberg said Wednesday he would quickly move forward with a renewed contempt probe into whether the Trump administration defied his order barring removals of suspected Venezuelan gang members under the 1798 Alien Enemies Act.

  • November 19, 2025

    Trump's CFTC Nom Grilled On Possible Crypto Leadership

    President Donald Trump's nominee to lead the U.S. Commodity Futures Trading Commission was asked by senators on Wednesday whether the agency has enough money and staff to be handed the keys to crypto market oversight, but Michael Selig declined to commit to pushing for additional funding or for a full complement of commissioners if confirmed.

  • November 19, 2025

    Lawmakers Urge High Court To Curb SEC's Receivership Powers

    A group of Republican lawmakers is urging the U.S. Supreme Court to take up a Texas businessman's case challenging the U.S. Securities and Exchange Commission's ability to place businesses into court-appointed receivership before a trial.

  • November 19, 2025

    Is 'Red Book' Best For Drug Pricing? Pa. Justices Ask

    The Pennsylvania Supreme Court seemed skeptical Wednesday that the state workers' compensation authorities were using the best guide to calculate pharmacy reimbursements for injured workers' prescription drugs, with the justices questioning the fairness of the industry's long-used "red book" method.

  • November 19, 2025

    SEC Enforcement Actions Plunged After Gensler, Report Says

    The U.S. Securities and Exchange Commission brought far fewer enforcement actions against public companies and subsidiaries after its Biden-era leader Gary Gensler departed, with the former chair bringing 52 of the 56 actions the agency initiated in fiscal 2025 despite stepping down in January.

  • November 19, 2025

    4 Groups Urge FCC To Reject Charter, Cox Merger

    Four public interest groups petitioned the Federal Communications Commission on Tuesday to block the $34.5 billion merger agreement between cable giants Charter and Cox.

  • November 19, 2025

    La. Gets Access To BEAD Funds, 17 Other State Plans Get OK

    Louisiana has become the first state to gain access to Broadband Equity, Access and Deployment program funds, according to the National Telecommunications and Information Administration, which said it has also given the green light to 17 other states and territories' final plans.

  • November 19, 2025

    4th Circ. Says Immigration Board Ignored Key Evidence

    A split Fourth Circuit panel has said immigration courts ignored evidence of the threats a Honduran man faced from MS-13 gang members if he was sent back to that country, while a dissenting judge faulted him for not reporting to police alleged harms.

  • November 19, 2025

    NJ Construction Co. Sues Over Hudson Tunnel Union Limits

    A New Jersey construction company wants to delay bidding for part of the $16 billion Hudson Tunnel Project, claiming in a federal lawsuit that the multistate commission overseeing the project unlawfully barred employing the United Steelworkers union currently representing the company's workers.

  • November 19, 2025

    Kalshi Says Sports 'Swaps' Not Bets In Bid To End Mass. Suit

    Prediction market KalshiEX asked a Massachusetts state court to throw out a suit by state regulators alleging that its sports "event contracts" are illegal gambling, saying the U.S. Commodity Futures Trading Commission has already given its imprimatur to the products.

  • November 19, 2025

    Senate GOP Resists Extending Expanded ACA Tax Premiums

    Senate Finance Committee Democrats on Wednesday urged their Republican counterparts to extend the enhanced tax credits for the Affordable Care Act, which is set to expire at the end of the year, but Republicans said they were looking for other options to address rising healthcare costs.

  • November 19, 2025

    NY Judge Halts DHS' Protected Status Termination For Syrians

    A New York federal judge on Wednesday expressed disbelief that the Trump administration adequately considered local conditions when ending Temporary Protected Status for those facing danger in their home countries, staying the decision to end the program for Syrians.

  • November 19, 2025

    Christian Org. Gets Permanent Block On PWFA Abortion Regs

    The U.S. Equal Employment Opportunity Commission won't require a Missouri-based Christian education foundation to provide workplace accommodations for workers who get abortions, agreeing to an injunction as part of a deal ending the nonprofit's lawsuit over the agency's Pregnant Workers Fairness Act regulations.

  • November 19, 2025

    Trump Admin Proposes Weakening ESA Protections

    The Trump administration on Wednesday proposed four rules that would significantly weaken Endangered Species Act protections for plants and animals, drawing immediate condemnation from environmental and conservation groups.

  • November 19, 2025

    Green Groups Sue To Block Gulf Oil And Gas Lease Sale

    Environmental groups have asked a federal court to block the first in a series of offshore oil and gas lease sales mandated by July's budget reconciliation bill, claiming the government shirked a required environmental review of the lease sale.

  • November 19, 2025

    Nexstar Asks FCC To Waive Ownership Cap In Tegna Takeover

    TV station giant Nexstar has asked the Federal Communications Commission to sign off on its pending acquisition of Tegna Inc. even though the $6.2 billion deal would breach existing FCC limits on national media ownership.

  • November 19, 2025

    The House's Plan B For Repealing Provision On DOJ Lawsuits

    If the Senate does not take up a bill to repeal a provision in the government funding package allowing senators investigated by former special counsel Jack Smith to sue for damages, a Republican House member is already making contingency plans.

  • November 19, 2025

    Gov'ts Widely Back Mutual Agreement Procedure In UN Treaty

    Governments expressed widespread support for adopting measures to strengthen the mutual agreement procedure within a protocol on dispute resolution in the United Nations tax convention during the latest round of negotiations.

  • November 19, 2025

    8th Circ. Hears PBMs' Bid To Pause FTC Insulin Pricing Case

    An Eighth Circuit panel had only a handful of questions on Wednesday for the pharmacy benefit managers accused of inflating insulin prices, though one of the judges expressed skepticism about pausing the Federal Trade Commission's in-house enforcement action on constitutional grounds.

  • November 19, 2025

    Alaska Senator Pushes For Better Vetting After Judge Scandal

    Sen. Dan Sullivan, R-Alaska, said on Wednesday that after a federal judge in his state resigned in disgrace last year, he decided he had to revamp his selection process for judicial nominees.

  • November 19, 2025

    Split Pa. Justices Say Prosecutors Not Bound By Wiretap Law

    Prosecutors like those at the Philadelphia District Attorney's Office can't be sued for using secret recordings obtained in violation of Pennsylvania's wiretap act, a split state Supreme Court ruled Wednesday.

  • November 19, 2025

    Calif. Dems File Bill To Expand Tribal Internet Service

    Two California Democrats have introduced legislation aiming to explicitly include tribal lands under the Communications Act to make sure they can gain access to federal support for broadband connectivity in rural areas.

  • November 19, 2025

    Eco Orgs. Ask 2nd Circ. To Undo NY, NJ Pipeline Project Nods

    Environmental groups have sued New York and New Jersey environmental regulators over their issuance of Clean Water Act permits for a controversial Williams Cos. pipeline upgrade after previously denying the permits over pollution concerns.

  • November 19, 2025

    Tax Court Substance Ruling Offers Silver Lining For Taxpayers

    Even though the U.S. Tax Court upheld stiff penalties under the economic substance doctrine against an eye doctor's microcaptive arrangements, the opinion generally favored taxpayers by clarifying that the IRS faces limits on when it can invoke the doctrine to audit transactions.

  • November 19, 2025

    'Wrongly Decided' Case Backs Insurer Loss, Mich. Panel Says

    An insurer is statutorily barred from suing an auto shop to recoup personal injury protection benefits it paid to policyholders injured in a crash, a Michigan state appeals court affirmed, though saying it is bound by a 1993 case it believes was "wrongly decided" and should be reviewed.

Expert Analysis

  • FTC's Reseller Suit Highlights Larger Ticket Platform Issues

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    Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • 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.

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