Public Policy

  • May 27, 2025

    Bill To Curb Public Info Misuse Clears Texas Legislature

    A bill aimed at curbing so-called bid-rigging by imposing significantly harsher penalties for misuse of official information unanimously passed both branches of the Texas Legislature and was sent to Gov. Greg Abbott's desk Monday.

  • May 27, 2025

    Texas Legislature Sends THC Ban To Governor's Desk

    Texas lawmakers on Tuesday gave final approval to a bill banning products with hemp-derived THC and sent the legislation to Gov. Greg Abbott's desk, advancing one of the goals of his administration.

  • May 27, 2025

    Khalil Says ICE Detention Blocking Access To Lawyers, Family

    Columbia University graduate Mahmoud Khalil told a New Jersey federal judge on Tuesday that his continued detention at a U.S. Immigration and Customs Enforcement processing center in Louisiana has been blocking him from meaningful access to his attorneys and wife during his habeas proceedings.

  • May 27, 2025

    Native Church Sues Calif. Sheriff Over Raids On Sacred Plants

    A California branch of the Native American Church is accusing San Bernardino County and its sheriff's office of violating federal religious freedom laws by raiding its property and seizing sacramental cannabis and other plant medicines used in worship ceremonies, in a lawsuit removed to federal court.

  • May 27, 2025

    Trump's WilmerHale Order Struck Down In Forceful Decision

    A D.C. federal judge struck down President Donald Trump's executive order targeting WilmerHale in an impassioned opinion Tuesday, writing that Trump's entire order is unconstitutional, and "to rule otherwise would be unfaithful to the judgment and vision of the Founding Fathers!"

  • May 27, 2025

    Gorsuch Says Oak Flat Ruling Will Harm Native Generations

    The Supreme Court's decision to deny an Apache nonprofit's petition that looked to save a centuries-old Arizona Indigenous worship site from destruction to make way for a multibillion-dollar copper mine is a grievous mistake with consequences that threaten to reverberate for generations, Justice Neil Gorsuch said in a Tuesday dissent.

  • May 27, 2025

    11th Circ. Won't Revisit FCC Ownership Ruling

    The Eleventh Circuit won't take a second whack at its order upholding a Federal Communications Commission finding that Gray Television had broken agency ownership consolidation rules by owning one too many stations in Anchorage, Alaska.

  • May 27, 2025

    Browns Update Bid To Build Stadium Outside Of Cleveland

    The Cleveland Browns have reasserted their claim in Ohio federal court that the city of Cleveland cannot legally stop the NFL franchise from building a new stadium in the suburbs and that the city law designed to keep an owner from moving the team without government approval does not apply to them.

  • May 27, 2025

    Feds Tell 11th Circ. 'No Error' In Ga. Bid-Rigging Conviction

    Federal prosecutors urged the Eleventh Circuit Friday to uphold the bid-rigging and price-fixing convictions of one of two brothers accused of manipulating the coastal Georgia concrete market, arguing his push for a new trial is a "virtual carbon copy" of one a district court already rejected.

  • May 27, 2025

    NC Justices Say Doc Is Employee, Not Official With Immunity

    The North Carolina Supreme Court has overturned an appeals court decision that a University of North Carolina professor had public-official immunity in a defamation suit over an investigation into a colleague's going-away party, holding he is an employee of a public agency, not a public official entitled to immunity.

  • May 27, 2025

    Chancery Footnotes Raise Post-SB 21 Stir In Delaware

    A Delaware vice chancellor has created a stir with expansive opinion footnotes pushing back on the state Supreme Court's rejection of a controller's liability to stockholders after rechartering a business in more board-friendly Nevada, close on the heels of a bitter legislative debate over reworking Delaware corporate law.

  • May 27, 2025

    CFTC Member Speaks On Agency Exits: 'Not A Great Situation'

    Departing U.S. Commodity Futures Trading Commission member Christy Goldsmith Romero said Tuesday that a possible leadership void at the agency could do a "great disservice to regulation" at a time when Congress is thinking of handing the agency the keys to the cryptocurrency industry.

  • May 27, 2025

    Mich. Fuel Supplier Fights $8.7M Tax Bill Over Flight Credit

    A fuel supplier is challenging the Michigan Department of Treasury's determination that the company cannot claim credit for interstate flights on its returns because it is not an airline operator and is now liable for $8.7 million in tax and interest.

  • May 27, 2025

    9th Circ. Revives Tribes', Green Groups' Power Line Suit

    The Ninth Circuit on Tuesday revived a lawsuit challenging the federal government's decision to allow a 520-mile power line route through cultural sites, saying in a published opinion that a coalition of tribes and conservation groups plausibly alleged the government authorized construction before properly identifying historic sites the project affected.

  • May 27, 2025

    Judge Follows The Users And The Money In Meta's FTC Case

    A D.C. federal judge on Tuesday looked for the right metrics to measure the effect that Meta Platforms Inc. has had on Instagram and WhatsApp in terms of users, growth and money spent buying the apps in deals the Federal Trade Commission says were designed to buy or bury the competition.

  • May 27, 2025

    FCC Mulls Adding Connected Vehicle Tech To Covered List

    The Federal Communications Commission is thinking about adding more technologies to the list of those whose components are banned if they come from China or Russia, but it wants to hear what the industry thinks first.

  • May 27, 2025

    Expert Says DuPont Knew Of PFAS Risk At NJ Site

    A former U.S. Environmental Protection Agency policy adviser told a New Jersey federal court on Tuesday that E.I. du Pont de Nemours knew of the risk of "forever chemicals" and failed to disclose that risk to federal and Garden State regulators despite its obligation to do so.

  • May 27, 2025

    Lawmakers Float Fast Patent Program For AI, Semiconductors

    Lawmakers in the U.S. Senate and House have introduced legislation that would require the U.S. Patent and Trademark Office to create an experimental program to prioritize patent applications for technologies like artificial intelligence and semiconductors.

  • May 27, 2025

    Calif. Faces Long Odds Keeping Tariff Suit In District Court

    A California federal judge said Tuesday that "California has a bit of an uphill battle" keeping its lawsuit challenging President Donald Trump's recent tariffs in federal district court, noting that two judges have already sent similar cases to the U.S. Court of International Trade.

  • May 27, 2025

    Debate Over Moratorium On State AI Oversight Goes To Senate

    Before going on recess, the U.S. House of Representatives passed their budget reconciliation bill that includes a hotly debated moratorium on states' enforcement of artificial intelligence-related legislation, and the debate continues as the bill heads to the U.S. Senate, where at least a few Republicans have voiced opposition.

  • May 27, 2025

    DOJ Wants Google Docs Analyzing Potential Ad Tech Breakup

    Enforcers are asking a Virginia federal court for access to Google documents analyzing a potential break up of the company's ad tech business, as the court considers what remedies to impose after finding Google monopolized key ad tech markets.

  • May 27, 2025

    Feds No Longer Advise COVID Shot For Kids, Pregnant Adults

    The nation's public health agency on Tuesday pulled the COVID-19 vaccine from the list of recommended shots for healthy children and pregnant adults, a move that experts say could reduce demand for the vaccine and make it more expensive for some families.

  • May 27, 2025

    Mass. Pot Regulator Enters Battle Over Town's Hosting Fees

    Massachusetts' cannabis regulator is seeking to intervene in a lawsuit brought by a group of marijuana retailers in state court, alleging a town unlawfully pocketed approximately $6 million in community impact fees.

  • May 27, 2025

    Ill. Panel Says Man Can't Keep Guns Bought During Injunction

    An Illinois man cannot possess or register assault weapons he purchased during a period of time that the enforcement of Illinois' ban on such rifles was blocked by a federal court, an intermediary appellate panel ruled Friday.

  • May 27, 2025

    Canada Could Use Tax System For Growth, OECD Says

    While Canada's economy has been largely resilient, changes in areas like goods and services taxes and its research and development tax incentives could help protect against projected slowed growth brought on by its trade dispute with the U.S., the Organization for Economic Coooperation and Development said.

Expert Analysis

  • How Trucking Cos. Can Keep Rolling Under Tariff Burdens

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    Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.

  • UK May Play Major Role In Corporate Misconduct Regulation

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    In light of the U.S.' pause in Foreign Corrupt Practices Act enforcement, the U.K. Serious Fraud Office has released new guidance showing it may seize the opportunity to play a heightened role in regulating corporate misconduct by U.S. companies with a global presence, particularly over the next few years, say attorneys at Paul Weiss.

  • Tariff Strategies For The US Renewable Energy Sector

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    The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • Opinion

    Why It's Time To Retire The Efficient Market Hypothesis

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    As agentic artificial intelligence systems increasingly affect financial markets, the efficient market hypothesis no longer offers a viable foundation for legal and regulatory engagement, and a new theoretical foundation is needed, say Zachary Brenner, a student at California Western School of Law, and attorney Gary Brenner.

  • Avoiding The Risk Of Continued AI-Washing Enforcement

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    A recent action brought by the U.S. Securities and Exchange Commission and Department of Justice, alleging a software developer defrauded investors by lying about his app’s artificial intelligence capabilities, suggests this administration will continue to target AI washing, so companies should adopt practices to mitigate enforcement risk, say attorneys at Debevoise.

  • 4 Ways Slater Is Priming DOJ For Continued Antitrust Success

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    Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.

  • 3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill

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    As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.

  • Key Aspects Of FDIC's Resolution Planning FAQ

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    The Federal Deposit Insurance Corp.'s recent FAQ on changes to its resolution plan rule ease burdensome requirements for some large institutions and exempt others from discussion of franchise components, making it easier for banks to finalize submissions before the July 1 deadline, say attorneys at Moore & Van Allen.

  • Why Texas Should Slow Down On Healthcare Merger Bills

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    More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.

  • As Tariffs Hit The Radar, PE Counsel Should Review Strategies

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    As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.

  • Trump Rule Would Upend Endangered Species Status Quo

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    The Trump administration's recent proposal to rescind the regulatory definition of "harm" in the Endangered Species Act would be a tectonic shift away from years of established regulatory practice, with major implications for both species protection and larger-scale conservation efforts, says David Smith at Manatt.

  • DOJ Memo Raises Bar For Imposition Of Corporate Monitors

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    A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership’s concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • How NY's FAIR Act Mirrors CFPB State Recommendations

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    New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.

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