Public Policy

  • September 23, 2025

    Judiciary Dems Demand Feds Explain 'Border Czar' Probe

    Democratic members of the Senate Judiciary Committee announced Tuesday they are looking into the Trump administration's alleged closure of a U.S. Department of Justice bribery investigation of White House "border czar" Thomas Homan, following recent news reports that he accepted $50,000 from an undercover FBI agent.

  • September 23, 2025

    Industry Witnesses In Google Ad Tech Case Not 'That Helpful'

    A Virginia federal judge tightened the leash Tuesday on the U.S. Department of Justice and Google fight over the company's advertising placement technology business, expressing dissatisfaction with non-technical industry witnesses testifying about the benefits and costs of a government breakup proposal.

  • September 23, 2025

    Ad Groups Urge Newsom To Veto Calif. Opt-Out Tool Bill

    Four major ad industry groups are asking California Gov. Gavin Newsom to veto a bill that would require browser developers to offer a digital tool enabling consumers to more easily opt out of online behavioral advertising throughout the web.

  • September 23, 2025

    5th Circ. Won't Disturb EPA's Denial Of Texas Ozone Plan

    The Fifth Circuit on Monday refused to upend a U.S. Environmental Protection Agency decision denying Texas' Clean Air Act implementation plans, finding that the EPA's procedure complied with the law and its reasoning for denying the plans "was sound."

  • September 23, 2025

    DC Circ. Says FMC's Late-Fee Rule Makes No Sense

    The Federal Maritime Commission's "demurrage and detention" fees rule does not make sense, the D.C. Circuit has ruled, partially striking down the rule after finding that the agency had not given a good reason for allowing some entities to be fined for shipping delays while blocking others.

  • September 23, 2025

    Towing Cos. Can Bill For Special Rigs, Conn. Justices Say

    Upending three lower decisions to the contrary, the Connecticut Supreme Court on Tuesday said tow truck operators can charge extra fees on top of hourly labor rates when using specialized equipment to clear highway wrecks, saying a limited interpretation of a state motor vehicle regulation could hinder accident cleanup efforts.

  • September 23, 2025

    Sandisk Gets Support In 'Settled Expectations' Challenge

    Industry groups, professors and Unified Patents are backing Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's policy of denying review of patents based on the owner's "settled expectations," saying it flouts the law and undermines the patent review system.

  • September 23, 2025

    Amazon Prime Trapped Consumers, FTC Tells Seattle Jury

    Amazon knew for years that millions of people were inadvertently enrolling in its Prime subscription program because of its design choices but prioritized boosting membership counts over fixing the problem, the Federal Trade Commission told a Seattle federal jury on Tuesday, kicking off a long-awaited consumer protection trial against the e-commerce giant.

  • September 23, 2025

    Banks Urge SEC To Hold Crypto Custody To Same Standards

    Financial services trade groups have cautioned the U.S. Securities and Exchange Commission against broadly permitting investment advisers and state-chartered trust companies to safeguard customer's cryptocurrency assets, urging the agency to maintain equal standards for all financial custodians amid planned crypto rulemaking.

  • September 23, 2025

    NC Legislature Passes Bill To Eliminate Cashless Bail

    In the wake of the murder of a Ukrainian refugee on public transit allegedly by a man recently arrested and freed on a promise to appear, North Carolina's General Assembly on Tuesday passed a bill to eliminate cashless bail and make it easier to execute people in the state.

  • September 23, 2025

    FCC Demands Boomerang, Others Repay $1.1M For Contracts

    The Federal Communications Commission said it is owed more than $1.1 million for spending more on computer tablets than was needed by two wireless companies during pandemic-era assistance programs.

  • September 23, 2025

    CFTC Seeks Feedback On The Use Of Crypto Collateral

    The U.S. Commodity Futures Trading Commission launched an initiative on Tuesday to enable the use of certain crypto assets as collateral in derivatives markets, soliciting industry suggestions on potential pilot programs, amendments to regulations and relevant issues.

  • September 23, 2025

    Hedge Funds Call For CFTC To End Dual Registration

    A group representing the hedge fund industry is calling on the U.S. Commodity Futures Trading Commission to drop the need for industry participants to submit to agency oversight in cases where fund managers are already registered with the U.S. Securities and Exchange Commission, calling the dual registration requirement "costly" and "inefficient."

  • September 23, 2025

    CFPB Frees Apple, US Bank From Biden-Era Consent Orders

    The Consumer Financial Protection Bureau has lifted two more enforcement orders issued during the Biden administration, this time granting both Apple Inc. and U.S. Bank NA an early release from ongoing monitoring years ahead of schedule.

  • September 23, 2025

    New Illinois Law Opens The Door To More Toxic Tort Litigation

    A new Illinois law expanding the state's jurisdictional reach in toxic tort cases has drawn mixed reactions from attorneys, with some praising the law as an added accountability measure for toxic exposure and others decrying it as an open invitation for forum shopping that could clog the state's dockets.

  • September 23, 2025

    ACLU Says ICE Won't Provide Records On Colo. Expansion

    The American Civil Liberties Union Foundation of Colorado claimed in federal court on Tuesday that U.S. Immigration and Customs Enforcement is refusing to comply with a request for information on plans to expand operations in the state.

  • September 23, 2025

    Professor Says New West Point Policy Stifles Free Speech

    The longest-serving law professor at West Point has accused the school of violating the free speech rights of its civilian instructors with a new policy that requires professors to obtain permission before participating in or publishing papers tied to their position at the school.

  • September 23, 2025

    Alaska Tribe Fights State's Bid To Revive Gaming Case

    An Alaskan Native Village is fighting a request by the state to reopen a dispute that rejected the tribe's bid to secure the right to open a bingo hall, telling a D.C. federal court there's nothing to enforce in the matter.

  • September 23, 2025

    Enviro Orgs. Ask 5th Circ. To Review Delfin LNG Project License

    Environmental groups on Monday asked the Fifth Circuit to find that the U.S. Department of Transportation violated federal law when it issued a license for the construction and operation of the Delfin LNG LLC deepwater liquefied natural gas project.

  • September 23, 2025

    11th Circ. Affirms Toss Of Ga. Strip Club's Ordinance Suit

    The Eleventh Circuit on Tuesday upheld the dismissal of a lawsuit filed by Atlanta-area strip club Follies against the city of Chamblee, alleging the city passed a series of unconstitutional ordinances related to the sale of alcohol at adult establishments that forced it to close its doors.

  • September 23, 2025

    DHS Floats H-1B Rule To Prioritize Higher-Paid Workers

    The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.

  • September 23, 2025

    Trump Tariffs Are Constitutional, President's Allies Tell Justices

    Two Republican lawmakers and two allied nonprofit groups told the U.S. Supreme Court on Tuesday that it should allow President Donald Trump's emergency tariffs authorized under the International Emergency Economic Powers Act.

  • September 23, 2025

    Tribe Fights Mont. County's Bid To Delay Voting Rights Case

    An Indigenous tribe is fighting a county's bid to pause its voting rights lawsuit in Montana federal court, arguing that a dilutive map illegally supports an "at large" election system that has resulted in a failure to meet the needs of tribal citizens.

  • September 23, 2025

    Ex-Provost Says UNC Hired Belichick After Unlawful Meeting

    A former provost is suing the University of North Carolina at Chapel Hill's board of trustees in state court, alleging the board conducted last-minute hiring deliberations over a multimillion-dollar contract for legendary football coach Bill Belichick in an unlawfully secret meeting.

  • September 23, 2025

    Cannabis Cos. To Pay $400K In Deal Over Sleep Aid Product

    The companies behind the 1906 brand of cannabis products have agreed to halt all sales in Colorado and pay $400,000 to the state in order to end an investigation into allegations that they sold a marijuana-based sleep-aid product, "Midnight Drops," that might have caused liver problems.

Expert Analysis

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • How Trump Cybersecurity EO Narrows Biden-Era Standards

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    President Donald Trump recently signed Executive Order No. 14306, which significantly narrows the scope and ambition of a Biden executive order focused on raising federal cybersecurity standards among federal vendors, say attorneys at Jenner & Block.

  • Forced Labor Bans Hold Steady Amid Shifts In Global Trade

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    As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.

  • Grappling With Workforce-Related Immigration Enforcement

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    To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.

  • Opinion

    The SEC Should Embrace Tokenized Equity, Not Strangle It

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    The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.

  • Compliance Changes On Deck For Banks Under Texas AI Law

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    Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.

  • What To Do When Congress And DOJ Both Come Knocking

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    As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • How Justices' Ruling On NEPA Reviews Is Playing Out

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    Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.

  • How Sweeping Budget Bill Shakes Up Health Industry

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    With the recently passed One Big Beautiful Bill Act marking one of the most significant overhauls of federal health policy since the passage of the Affordable Care Act, providers, managed care organizations and life sciences companies must now shift focus from policy review to implementation planning, say advisers at Holland & Knight.

  • Deep-Sea Mining Outlook Murky, But May Be Getting Clearer

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    U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.

  • Legal Ops, Compliance Increasingly Vital To Antitrust Strategy

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    With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.

  • What's Next For CFPB After 'Big Beautiful' Funding Cuts

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    While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • What To Know As SEC Looks To Expand Private Fund Access

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    As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.

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