Public Policy

  • April 29, 2025

    NJ Court Says It Can Hear Khalil's Unlawful Detention Suit

    Columbia University graduate and pro-Palestinian activist Mahmoud Khalil can move forward with his lawsuit claiming the Trump administration is unlawfully detaining him because of his political views, a New Jersey federal judge ruled Tuesday, rejecting the government's argument that immigration law strips the court of its jurisdiction.

  • April 29, 2025

    DC Judge Wary Of Border Asylum Halt

    A D.C. federal judge seemed skeptical Tuesday that a federal immigration law authorizing the president to suspend certain groups of migrants from entering the United States could also be used to expel those individuals after they reach U.S. soil.

  • April 29, 2025

    Duke Energy Rival Tells Justices Not To Review Monopoly Suit

    Independent power producer NTE Energy is urging the U.S. Supreme Court not to review a decision that revived its monopoly suit against Duke Energy, saying the North Carolina-based company is asking the justices to issue an advisory opinion answering a hypothetical question.

  • April 29, 2025

    2nd Circ. Not Sure FCC Fine Denied Verizon's Trial Right

    Second Circuit judges questioned Tuesday why the feds couldn't fine Verizon millions of dollars for location data misuse since the telecom carrier has the option of refusing to pay and demanding a jury trial if the U.S. Department of Justice comes to collect.

  • April 29, 2025

    Ohio Justices Reinstate Trans Care Limits During AG's Appeal

    The Ohio Supreme Court on Tuesday reinstated state law limits on gender-affirming care for transgender youths pending Ohio Attorney General Dave Yost's appeal of what he called "radical constitutional views" of an Ohio state appeals court that last month blocked the restrictions.

  • April 29, 2025

    GOP Plan To Shutter Audit Watchdog Could Strain SEC

    Congressional Republicans are renewing the push to get rid of a financial regulator that conservatives have complained is costly and lacks proper oversight, but some former staffers at the Public Company Accounting Oversight Board wonder whether the U.S. Securities and Exchange Commission has the manpower or expertise to take over the board's duties.

  • April 29, 2025

    Ex-CFPB Senior Attys Sign On With Democracy Forward

    Democracy Forward, a legal advocacy group that's emerged as a top court brawler with the Trump administration, said Tuesday that it has hired several more of the Consumer Financial Protection Bureau's recently departed senior litigators, adding to its ranks of agency alums.

  • April 29, 2025

    FTC Defends John Deere Right-To-Repair Suit

    Farm machinery-maker Deere & Co. is trying to get out of an FTC enforcement action using the same arguments that didn't help it escape multidistrict litigation accusing the company of breaking antitrust laws by restricting access to repair services, the government says.

  • April 29, 2025

    State Telecom Roundup: Funding Security Without The Feds

    The Trump administration has made it clear that it expects states to take the reins regarding cybersecurity infrastructure and disaster preparedness and that the feds plan to step back, but not all states are equally prepared for that task.

  • April 29, 2025

    10th Circ. Won't Touch Colo. Deportation Stay For Now

    A Tenth Circuit panel on Tuesday declined to set aside a Colorado judge's temporary halt on the removal of Venezuelan migrants under the Alien Enemies Act while the Trump administration challenges the order, because the government hasn't shown its interests would be seriously harmed otherwise.

  • April 29, 2025

    SEC Abandons Investigation Into PayPal's Dollar Stablecoin

    The U.S. Securities and Exchange Commission has dropped its investigation into PayPal's dollar-pegged stablecoin "without enforcement action," PayPal said in a disclosure filed Tuesday, the latest cryptocurrency probe abandoned by the agency under President Donald Trump's administration.

  • April 29, 2025

    DC Judge Worries About 340B Rebate Program Without 'Teeth'

    The D.C. federal judge tasked with deciding dueling summary judgments in litigation accusing the government of blocking drugmakers' efforts to reshape the way they do rebates seemed skeptical of endorsing a vision of the program that could have "potentially devastating consequences."

  • April 29, 2025

    Fla. AG Drops Claims FEMA Avoided Trump Supporters' Homes

    Florida's attorney general said Monday that he has settled a lawsuit against the Federal Emergency Management Agency's administrator over an alleged directive instructing hurricane relief workers to avoid homes displaying signs in support of Donald Trump.

  • April 29, 2025

    CFPB Aims To Mediate Colony Ridge 'Reverse Redlining' Suit

    The Consumer Financial Protection Bureau and a Houston-based real estate developer asked a Texas federal judge Tuesday to pause the bureau's reverse redlining suit so they can engage in mediation to resolve the case.

  • April 29, 2025

    Examining The EPA's Forever Chemical Plans

    The U.S. Environmental Protection Agency says it plans to clarify who is liable for forever chemical contamination and hold polluters accountable, though questions remain as to whether current standards could be loosened and how much help could be needed from Congress.

  • April 29, 2025

    Feds Urge Dismissal Of Suit Over Halted Refugee Program

    The Trump administration on Monday urged a Washington state federal judge to dismiss a lawsuit challenging the government's suspension of the U.S. Refugee Admissions Program, citing a recent Ninth Circuit decision that limited the scope of the judge's preliminary injunction.

  • April 29, 2025

    Judge Mulls If Google Could Still Vie To Be Default Search

    A D.C. federal judge probed potential middle grounds Tuesday for how to give Google's search engine rivals a leg up against the company's monopoly, asking how to avoid a "duopoly" with Microsoft and if Google might be permitted to continue paying browsers and phonemakers for default placement.

  • April 29, 2025

    Conn. Watchdog Urges Probe Into Avangrid Phishing Scam

    Connecticut's Office of Consumer Counsel has asked the state utilities regulator to open a probe into Avangrid Inc.'s alleged public dissemination of customer information, telling the agency in a petition that two of its natural gas subsidiaries in the state fell victim to a phishing scam.

  • April 29, 2025

    Koi Nation Can't Intervene In Casino Row, Court Told

    The Federated Indians of Graton Rancheria is fighting a bid by a fellow California tribe at the crux of a dispute over the Interior Department's decision to take 70 acres into trust for the construction of a proposed hotel and casino project, arguing it lacks any justification to do so.

  • April 29, 2025

    Trump Executive Order Aims To Defend Police In Lawsuits

    President Donald Trump has issued an executive order directing the attorney general to help defend police officers from misconduct lawsuits, including arranging private-sector pro bono aid for them.

  • April 29, 2025

    Key Takeaways From Patent Office's New Denial Process FAQ

    The U.S. Patent and Trademark Office on Friday released answers to an extensive list of frequently asked questions about its new process for deciding whether to deny patent challenges for discretionary reasons. Here's a look at some of the most significant details.

  • April 29, 2025

    Watchdog Will Probe Trump Admin's Push To Shrink CFPB

    The U.S. Government Accountability Office will look into whether the Trump administration's aggressive downsizing efforts have rendered the Consumer Financial Protection Bureau unfit for duty, agreeing to a review sought by Democratic lawmakers.

  • April 29, 2025

    Kroger-Owned Chain Fights To Keep UFCW Suit Alive

    The Kroger-owned grocery chain King Soopers urged a Colorado federal judge Tuesday to preserve its lawsuit against a United Food and Commercial Workers local, saying the company can prove that the union is placing unlawful pressure on it to bargain with multiple locals at once.

  • April 29, 2025

    Univ. Groups Can Pursue Free-Speech Case Over Removals

    A Massachusetts federal judge on Tuesday ruled that he will allow academic organizations to pursue their "novel" First Amendment claims against the Trump administration over the deportation of noncitizen faculty and students who expressed pro-Palestinian views.

  • April 29, 2025

    2 Dozen States Say DOGE Can't 'Dismantle' AmeriCorps

    Two dozen states and the District of Columbia filed a lawsuit on Tuesday challenging layoffs and $400 million in funding cuts to the national volunteer agency AmeriCorps, alleging the Trump administration is trampling over Congress' authority by trying to dismantle the agency.

Expert Analysis

  • Avoiding Pitfalls Around New Calif. Commercial Lease Law

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    A California law that became effective this year requires commercial landlords to extend certain protections previously afforded to residential tenancies, and a few key provisions of the law especially warrant reexamination of leasing and operational processes, say attorneys at Holland & Knight.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

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    While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.

  • 5 Tools To Help Existing Gov't Contracts Manage Tariff Costs

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    Five pointers can help government contractors scrutinize their existing contracts for protections like equitable adjustment and duty-free entry clauses, which may help insulate them from tariff-related cost increases, say attorneys at Covington.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Key Takeaways From The 2025 Spring Antitrust Meeting

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    Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.

  • 3 Action Items For Innovators Amid Fintech Regulatory Pivot

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    As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.

  • What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.

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    In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.

  • How Tariffs May Affect Proxy Contests This Season

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    While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.

  • Running A Compliant DEI Program After EEOC, DOJ Guidance

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    Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.

  • A Closer Look At New NYSE, Nasdaq Listing Rule Changes

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    The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.

  • Opinion

    GENIUS Act Can Bring Harmony To Crypto-Banking Discord

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    ​​​​​​​By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.

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