Public Policy

  • May 23, 2025

    Texas Nonprofits Can Be Sued For Doc Med Mal, Justices Rule

    The Texas Supreme Court ruled Friday that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees, in a dispute over an allegedly botched brain surgery.

  • May 23, 2025

    Trump Says 'It's Time For Nuclear' And Orders New Reactors

    President Donald Trump said Friday that he wants to revive the nation's nuclear power industry to serve defense and artificial intelligence needs, and ordered the U.S. Department of Energy to "eliminate or expedite" environmental reviews so new reactors can come online more quickly.

  • May 23, 2025

    10th Circ. To Weigh Tribal Sovereignty In Casino Land Dispute

    Officials for the Fort Sill Apache Tribe have asked the Tenth Circuit to reverse a lower court's partial denial of their bid to dismiss the Comanche Nation's lawsuit seeking to shut down an FSA casino that the Nation claims is on its historical reservation.

  • May 23, 2025

    Nonprofit Orgs. Want In On States' Wash. EV Funding Fight

    A group of environmental, energy and consumer interest organizations are asking a Seattle federal judge to let them enter a lawsuit that 16 states and the District of Columbia brought seeking continued funding for new electric vehicle infrastructure so they can protect their interests in the suspended federal program without having to file a separate suit.

  • May 23, 2025

    Immigrant Registration Is Valid Policy, DHS Tells DC Circ.

    The Trump administration told the D.C. Circuit that its rule requiring noncitizens to register with the government or face prosecution doesn't need to undergo the full notice-and-comment rulemaking process, and that immigrant rights' groups suing to stop it lack any concrete harm that would justify their standing.

  • May 23, 2025

    Minn. Patient Sues Over Colorado Limits On Aid-In-Dying Care

    A new suit by two Colorado doctors and an out-of-state patient challenges a state restriction barring nonresidents from accessing a form of healthcare legalized in Colorado allowing patients to receive a doctor's help in ending their life.

  • May 23, 2025

    Trade Court Says Wis. Man Can't Sue Over Trump Tariffs

    The U.S. Court of International Trade dismissed a Wisconsin resident's case against President Donald Trump's tariffs Friday, holding that the man's allegations of economic injury are too speculative to create standing to sue.

  • May 23, 2025

    Banking Groups Want SEC To Pull Cyber Disclosure Mandates

    A group of banking trade associations has called on the U.S. Securities and Exchange Commission to rescind a Biden-era mandate requiring public companies to disclose certain cybersecurity incidents, arguing it increases companies' risk when they fall victim to cyberattacks.

  • May 23, 2025

    Judge Extends Block On Trump's Government Layoffs

    A California federal judge has extended her block of President Donald Trump's executive order directing layoffs at federal agencies, saying a coalition of unions, nonprofits and cities has shown it is likely to succeed in showing the order exceeded the president's authority.

  • May 23, 2025

    'NJ Weedman' Says City Hall Protest Is Protected Speech

    A Garden State cannabis advocate known as "NJWeedman" urged a New Jersey federal judge to let his First Amendment suit against the mayor of Trenton proceed, arguing the city targeted his pot-themed ventures after he projected a "Batman-like" protest message on City Hall.

  • May 23, 2025

    DOJ, Boeing Reach Deal To Drop 737 Max Criminal Case

    The U.S. Department of Justice said Friday that it won't criminally prosecute Boeing over the deadly 737 Max crashes after reaching a deal that saves the American aerospace giant from being branded a corporate felon in exchange for approximately $1.1 billion in fines, penalties and victims compensation.

  • May 23, 2025

    Report By Law Prof Filed In Ex-Atty's Bid To Win Back House

    A Florida law professor's report filed this week with the state Supreme Court calls a Tampa judge's order taking away an attorney's home "manifestly erroneous," asserting the ruling handed down more than eight years ago was made without determining whether the property had state constitutional protection from creditors.

  • May 23, 2025

    Service Members' COVID Vax Claims Sent To Military Boards

    A Court of Federal Claims judge said an executive order directing the reinstatement of service members discharged over a COVID-19 vaccine mandate warranted sending the claims of 10 people who refused to comply with the mandate to military records boards for consideration.

  • May 23, 2025

    Groups Look To Block Trump's Monument Fishing Order

    Three conservation groups are challenging a Trump administration proclamation that will open up a 400,000-square-mile Hawaiian national marine monument to commercial fishing, saying the president exceeded his Antiquities Act and constitutional authority in doing so.

  • May 23, 2025

    SoCal Edison To Pay $82.5M Over 2020 Bobcat Fire Costs

    Southern California Edison agreed Friday to pay $82.5 million to the federal government to resolve a lawsuit that seeks to recoup costs incurred by the U.S. Forest Service as a result of the devastating 2020 Bobcat Fire, which burned over 100,000 acres, the U.S. Attorney's Office for the Central District of California announced.

  • May 23, 2025

    Trump Admin Must Restore 'Censored' Harvard Docs' Articles

    A Massachusetts federal judge on Friday ordered the U.S. Department of Health and Human Services to restore articles penned by two Harvard Medical School researchers that contained terms like "transgender" and "LGBTQ," calling their removal a "textbook example of viewpoint discrimination."

  • May 23, 2025

    FTC Probing Alcon's $430M Lensar Deal

    The Federal Trade Commission has requested additional information about Swiss eye care company Alcon Inc.'s planned purchase of Florida-based medical technology developer Lensar Inc. in a deal worth up to $430 million.

  • May 23, 2025

    Senate Dems Bash Spectrum 'Giveaway' In Budget Bill

    Key Senate Democrats who oversee telecommunications issues have lambasted House Republicans for "handing over" swaths of radio spectrum to the wireless industry in the sweeping budget reconciliation bill that GOP lawmakers passed Thursday.

  • May 23, 2025

    Judge Skeptical Of Harm In Recall Of Tribe's Gambling Eligibility

    A D.C. federal judge on Friday signaled concerns with the Interior Department's decision to revoke a California tribe's gambling eligibility for a casino-resort project in the Bay Area, but said that the tribe faces an uphill battle in establishing the irreparable harm needed to secure a preliminary injunction.

  • May 23, 2025

    Judge Strikes Down Trump Order Against Jenner & Block

    Jenner & Block LLP on Friday defeated a Trump administration executive order suspending security clearances for its employees in retaliation for its pro bono work and for a former partner's work with former special counsel Robert Mueller.

  • May 23, 2025

    Chief Justice Pauses DOGE's FOIA Discovery For Now

    Chief Justice John Roberts temporarily paused discovery Friday into whether the Department of Government Efficiency is an agency subject to Freedom of Information Act requests, giving the initiative a short reprieve as the U.S. Supreme Court considers DOGE's bid to more fully halt a purported "fishing expedition."

  • May 23, 2025

    Split DC Circ. Affirms Ax Of Ex-Trump Aide's Surveillance Suit

    A split D.C. Circuit affirmed Friday the dismissal of claims by former Trump 2016 campaign adviser Carter Page that the U.S. Department of Justice, FBI and former top officials violated privacy statutes in surveilling him as part of a Russian election interference probe.

  • May 23, 2025

    Va. Deed Tax Due On Actual Property Value, Ruling Says

    Virginia's deed recordation tax is paid based on the current assessed value of a property, rather than its value during a foreclosure sale, the state tax commissioner said.

  • May 23, 2025

    Grassley Slams Durbin Over Holds On US Attorney Nominees

    Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, slammed his Democratic counterpart on Friday for holding up U.S. attorney nominations.

  • May 23, 2025

    Battery Co. Li-Cycle Gets Ch. 15 Nod Amid Glencore Sale Bid

    A New York bankruptcy judge on Friday granted Chapter 15 recognition to lithium battery recycler Li-Cycle and affiliates after overruling an objection from the U.S. Trustee's Office, as the Toronto-based debtor looks to sell its business and secure new funding.

Expert Analysis

  • How The ESG Investing Rule Survived Loper Bright, For Now

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    A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • Will Trump Order On Transgender Women In Sports Survive?

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    Attorneys at Venable consider whether President Donald Trump's executive order banning transgender women from women's sports will survive legal challenges, and if it does, how federal agencies will enforce it.

  • Reconciling 2 Smoke Coverage Cases From California

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    As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q1

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    The most noteworthy developments from the first quarter of the year in New York financial services include newly proposed regulations on overdraft fees, a groundbreaking settlement by the state attorney general, and a potentially precedent-setting opinion regarding the Electronic Fund Transfer Act, say attorneys at Quinn Emanuel.

  • SEC Crypto Mining Statement Delivers Regulatory Clarity

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    The U.S. Securities and Exchange Commission's March 20 statement clarifying that certain crypto mining activities do not constitute the offer and sale of securities marks the end of the SEC's enforcement-first approach and ushers in a more predictable environment for blockchain innovation and investment, says Jeonghoon Ha at Ha Law.

  • State Extended Producer Responsibility Laws: Tips For Cos.

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    As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Reviewing Calif. Push To Restrict Private Equity In Healthcare

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    A recent proposed bill in California aims to broaden the state's existing corporate practice of medicine restrictions, so investors must ensure that there is clear delineation between private equity investment in practice management and physicians' clinical decision-making, say attorneys at Debevoise.

  • NLRB Firing May Need Justices' Input On Removal Power

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    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

  • The OCC's Newly Relaxed Approach To Bank Crypto Activity

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    With the early March rescission of Biden-era interpretive guidance, the Office of the Comptroller of the Currency has loosened its approach to regulating national banks and federal savings associations' crypto-asset activities, possibly removing one barrier to banks engaging in such activities, say attorneys at Debevoise.

  • Contractor Remedies Amid Overhaul Of Federal Spending

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    Now that the period for federal agencies to review their spending has ended, companies holding procurement contracts or grants should evaluate whether their agreements align with administration policies and get a plan ready to implement if their contracts or grants are modified or terminated, say attorneys at DLA Piper.

  • 5 Steps To Promote Durable, Pro-Industry Environmental Regs

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    The U.S. Environmental Protection Agency's planned wave of deregulation will require lengthy reviews, and could be undone by legal challenges and future changes of administration — but industry involvement in rulemaking, litigation, trade associations, and state and federal legislation can help ensure favorable and long-lasting regulatory policies, say attorneys at Balch & Bingham.

  • Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike

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    The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.

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