Public Policy

  • October 08, 2025

    Calif. Mandates Browser Ad Tracking Opt-Out In US First

    California Gov. Gavin Newsom signed a bill Wednesday that requires browser developers to offer a digital tool enabling consumers to more easily opt out of online behavioral advertising throughout the web, making the Golden State the first in the nation to enact the regulations.

  • October 08, 2025

    PTAB's Petitions Data Shows Decrease In Multiple Challenges

    The Patent Trial and Appeal Board has adjusted the way it calculates how many patents are subject to repeated scrutiny, a pet issue of agency leadership, releasing data Wednesday that says over half of challenges are "one of multiple petitions" filed against the same patent.

  • October 08, 2025

    Gov't Shutdown Essentially 'Freezes' IPO Market, Attys Say

    While the U.S. Securities and Exchange Commission technically remains open during the ongoing government shutdown that has now exceeded one week, staffing shortages have made it increasingly difficult for companies to launch initial public offerings, leaving them with few options.

  • October 08, 2025

    5th Circ. Says Some NOLA Rental Rules Are Unconstitutional

    A Fifth Circuit panel partially revived a proposed class action filed by homeowners and two companies challenging New Orleans' short-term rentals regulations, ruling in a published opinion that some of the regulations are unconstitutional.

  • October 08, 2025

    Judge Rejects Feds' Bid To Reassign USPTO Union Cases

    A D.C. federal judge has rejected the Trump administration's claim that suits by unions representing employees of the U.S. Patent and Trademark Office challenging an executive order ending their collective bargaining rights are not related to similar cases before him.

  • October 08, 2025

    Group Claims Mich. 24% Pot Tax Enacted Unlawfully

    Michigan's impending wholesale marijuana tax was approved by lawmakers unlawfully, an industry group alleged, saying the legislation signed by Gov. Gretchen Whitmer authorizing the tax did not have the votes of three-fourths of the majorities required in each legislative chamber.

  • October 08, 2025

    AFL-CIO Opposes Draft Senate Crypto Bill

    A major labor organization, the AFL-CIO, has come out against a Republican draft bill on crypto market structure, saying the draft lacks "meaningful safeguards."

  • October 08, 2025

    Federal Court Tosses Challenge To DC Cannabinoid Rule

    A lawsuit seeking to upend Washington, D.C.'s statutes that placed hemp products containing delta-9 THC into same category as marijuana was dismissed on Wednesday when a federal judge ruled that a hemp retailer, who filed the suit after its shop was shut down, totally misunderstood the "2018 Farm Bill and its impact on D.C. law."

  • October 08, 2025

    11th Circ. Urged To Keep Ga.'s E-Commerce Regs On Ice

    Internet trade group NetChoice urged the Eleventh Circuit Wednesday to leave in place an injunction that for more than a year has kept Georgia from enforcing new requirements on e-commerce platforms, arguing the state's law tries to push past a regulatory "ceiling" already imposed by federal law.

  • October 08, 2025

    FCC Wants Caller ID Expanded In Anti-Robocall Regs

    The Federal Communications Commission will consider expanding the data that consumers receive on caller ID displays as part of a wider effort to stamp out scam robocalls from overseas.

  • October 08, 2025

    Trump Admin Cites Shutdown In Bid For CFPB Case Delay

    Amid growing calls for the full D.C. Circuit to revisit a recent panel ruling that would allow mass layoffs at the Consumer Financial Protection Bureau, the Trump administration is asking for a pause in the case until after the government shutdown is over.

  • October 08, 2025

    Power Cos. Want In On Challenge To W.Va. Regional Haze Plan

    American Electric Power Co. Inc. and FirstEnergy Corp. subsidiaries are asking the Fourth Circuit to uphold a federally approved air quality plan for West Virginia that spared their facilities from some potentially expensive upgrades.

  • October 08, 2025

    Justices Probe Standing In Suit Over Ill. Ballot Counting

    The U.S. Supreme Court on Wednesday appeared open to reviving an Illinois congressman's suit challenging the state's policy of counting certain ballots after Election Day, with several justices pressing counsel for the state to address whether its position would require courts to analyze a candidate's potential success in an election to determine their standing to sue.

  • October 08, 2025

    Black Atty Hits Ga. Public Defender Council With Bias Suit

    The Georgia Public Defender Council and chief public defender in the Atlanta Judicial Circuit were sued by a former assistant public defender who claimed he was fired and faced an "unwarranted" bar complaint after expressing concerns about a demotion that would deprive his unit of its "sole Black male attorney."

  • October 08, 2025

    NJ US Atty Appointment Was 'Shell Game,' 3rd Circ. Told

    Two New Jersey criminal defendants this week blasted the Trump administration's attempt to name Alina Habba as U.S. attorney for the state after her interim term ended, telling the Third Circuit that the government's plan was a "shell game."

  • October 08, 2025

    Trump Admin Challenges Denial Of Trans Care Subpoena

    The Trump administration told a Massachusetts federal judge that he got it wrong in quashing a subpoena for records of gender-affirming care at Boston Children's Hospital last month, urging the court to reconsider.

  • October 08, 2025

    Democracy Forward Hires Ex-White House Lawyer, CFPB Atty

    Democracy Forward, the quickly growing progressive nonprofit that has taken on more than 85 actions against the Trump administration, has hired four more attorneys to its expanding team of lawyers, including a former member of Joe Biden's White House Counsel's Office and a litigator from the Consumer Financial Protection Bureau.

  • October 08, 2025

    WilmerHale Appoints Ex-DOJ Division Head As Dept. Leader

    WilmerHale announced on Wednesday that the former leader of the U.S. Department of Justice's Civil Division will lead its regulatory and government affairs department at the start of 2026 after rejoining the firm earlier this year.

  • October 08, 2025

    Conn. High Court OKs DNA Taken From Trash Sans Warrant

    In a decision setting standards for privacy, Connecticut's highest court upheld the conviction of a man sentenced to 72 years in prison for a series of 1984 home invasion sexual assaults, finding that police were allowed to take his trash to obtain DNA without a warrant.

  • October 08, 2025

    Black NC Voters Take Redistricting Case To 4th Circ. Again

    Two Black voters have urged the Fourth Circuit to hear as soon as possible their case alleging the North Carolina General Assembly unlawfully redrew state senate districts in a way that diluted the voting power of Black residents.

  • October 08, 2025

    Biz Groups Back Ariz. Land Swap Amid 9th Circ. Appeal

    The U.S. Chamber of Commerce and a slew of mining associations are backing the federal government's efforts to nix a Ninth Circuit appeal that looks to block the transfer of more than 2,500 acres within Arizona's Tonto National Forest to a copper mining company.

  • October 08, 2025

    DOJ Asks For Stay In PVC Antitrust Case Amid Criminal Probe

    The U.S. Department of Justice is asking an Illinois federal court to pause discovery in a case accusing polyvinyl chloride pipe manufacturers of using a commodity pricing service to exchange information and fix prices while a grand jury investigates the alleged activity.

  • October 08, 2025

    Denver Attorney Returns To Reed Smith State Tax Team

    Reed Smith is expanding its tax practice with the return of an experienced attorney, now based in Denver, with multistate experience in the full spectrum of tax issues.

  • October 08, 2025

    Comey Pleads Not Guilty, Will Contest US Atty's Appointment

    Former FBI Director James Comey pled not guilty Wednesday to one count of false statements and another count of obstructing a congressional hearing, appearing in a Virginia federal courthouse for the first time after a shake-up at the U.S. attorney's office netted a grand jury indictment last month.

  • October 07, 2025

    Panel Said Congress Was 'Feckless,' 6th Circ. Told In FCC Row

    The Sixth Circuit should agree to a full court reconsideration of a panel's decision to back the Federal Communications Commission's expanded data breach notifications for telecom carriers, says a conservative legal organization that believes the panel assumed Congress was legislating "fecklessly."

Expert Analysis

  • ESG-Focused Activism Persists Despite Proxy Curbs

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    Shareholder activism focused on environmental, social and governance factors appears poised to continue, despite the U.S. Securities and Exchange Commission's recent move toward exclusions in proxy voting proposals around ESG, say attorneys at Mintz.

  • How Community Banks Can Limit Overdraft Class Action Risk

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    With community banks increasingly confronted with class actions claiming deceptive overdraft fees, local institutions should consider proactively revising their customer policies and agreements to limit their odds of facing costly and complicated consumer litigation, say attorneys at Jones Walker.

  • Opinion

    Bar Exam Reform Must Expand Beyond A Single Updated Test

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    Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.

  • How States Are Regulating Health Insurers' AI Usage

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    The absence of a federal artificial intelligence framework positions states as key regulators of health insurers’ AI use, making it important for payors and service providers to understand the range of state AI legislation being passed in California and elsewhere, and consider implementing an AI-focused compliance infrastructure, say attorneys at Ropes & Gray.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • HHS Plan To Cut Immigrant Benefits Spurs Provider Questions

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    A recent notice from the U.S. Department of Health and Human Services identifying new federal public benefit programs for which nonqualified aliens are not eligible may have a major impact on entities that participate in these programs — but many questions remain unanswered, say attorneys at Foley.

  • A Simple Way Courts Can Help Attys Avoid AI Hallucinations

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    As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.

  • Strategies For ICE Agent Misconduct Suits In The 11th Circ.

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    Attorneys have numerous pathways to pursue misconduct claims against U.S. Immigration and Customs Enforcement agents in the Eleventh Circuit, and they need not wait for the court to correct its misinterpretation of a Federal Tort Claims Act exception, says Lauren Bonds at the National Police Accountability Project.

  • Opinion

    SEC Should Restore Its 2020 Proxy Adviser Rule

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    Due to concerns over proxy advisers' accuracy, reliability and transparency, the U.S. Securities and Exchange Commission should reinstate its 2020 rule designed to suppress the influence that they wield in shareholder voting, says Kyle Isakower at the American Council for Capital Formation.

  • DOJ Consumer Branch's End Leaves FDA Litigation Questions

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    With the dissolution of the U.S. Department of Justice's Consumer Protection Branch set to occur by Sept. 30, companies must carefully monitor how responsibility is reallocated for civil and criminal enforcement cases related to products regulated by the U.S. Food and Drug Administration, say attorneys at Foley & Lardner.

  • Surveying The Changing Overdraft Fee Landscape

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    Despite recent federal moves that undermine consumer overdraft fee protections, last year’s increase in fee charges suggests banks will face continued scrutiny via litigation and state regulation, says Amanda Kurzendoerfer at Bates White.

  • Handling Sanctions Risk Cartel Control Brings To Mexico Port

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    Companies operating in or trading with Mexico should take steps to mitigate heightened exposure triggered by routine port transactions following the U.S. Treasury’s recent unequivocal statement that a foreign terrorist organization controls the port of Manzanillo, says Jeremy Paner at Hughes Hubbard.

  • The Road Ahead For Digital Assets Looks Promising

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    With new legislation expected to accelerate the adoption of blockchain technology, and with regulators taking a markedly more permissive approach to digital assets, the convergence of traditional finance and decentralized finance is closer than ever, say attorneys at Dechert.

  • Asbestos Trusts And Tort Litigation Are Still Not Aligned

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    A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.

  • Opinion

    Closing The Chemical Safety Board Is A Mistake

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    The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.

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