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Public Policy
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October 10, 2025
Calif. Panel Says City's Affordable Housing Map Is Flawed
A California appellate court has revived a lawsuit brought by developers challenging Redondo Beach's plans to develop lower- and moderate-income housing, ruling on Friday the city's map for the plans violates state law.
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October 10, 2025
GOP Reps Back Legality Of Trump Birthright Citizenship Order
Eighteen Republican lawmakers on Friday told the U.S. Supreme Court the Trump administration is right to assert that the 14th Amendment was never meant to confer birthright citizenship to the children of parents who are in the country without legal authorization.
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October 10, 2025
More Gun Rights Groups Take Aim At National Firearms Act
Gun rights groups have launched another lawsuit aimed at repealing the National Firearms Act in the Northern District of Texas, joining a growing number of legal challenges to the gun law that controls access to short-barreled rifles and firearms with suppressors.
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October 10, 2025
Squires Says Patent Eligibility Needed For National Security
The newly confirmed head of the U.S. Patent and Trademark Office has solidified his views that making more inventions eligible for patent protection is imperative for national security, saying expansive eligibility speaks to "the very spirit of American ingenuity."
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October 10, 2025
Supreme Court Asked To Consider Appeal Over AI-Created Art
A computer scientist who was denied a copyright for artwork created by an artificial intelligence system he built has asked the U.S. Supreme Court to review his appeal challenging the U.S. Copyright Office's decision.
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October 10, 2025
Feds Nix Large-Scale Enviro Review Of Nev. Solar Project
The U.S. Department of the Interior confirmed that it canceled a broad environmental review of a massive solar development in Nevada, saying it would instead perform individual reviews of the seven projects that make up the development.
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October 10, 2025
7th Circ. Won't Pause Block Of National Guard Deployment
The Seventh Circuit on Saturday refused to grant the Trump administration's emergency order to stay an Illinois federal judge's ruling blocking the deployment of National Guard troops to Chicago while the appeals court considers the matter, but did pause the ruling as it pertains to the federalization of the National Guard in Illinois.
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October 10, 2025
Philly-Area Transit System Rider Files Rate Hike Class Claims
A proposed class action accused the Southeastern Pennsylvania Transportation Authority of "playing chicken" with the Pennsylvania state Legislature and enacting "doomsday" fare increases to force lawmakers to give the agency a bigger budget, and the suit asked a state court to undo the price hike.
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October 10, 2025
Experts Doubt Gold Card Will Siphon Off EB-5 Investors
Concerns that President Donald Trump's gold card will siphon off noncitizens who would otherwise seek permanent residency through the EB-5 investor program might be overblown, with experts suggesting the program's 35-year track record and stability will continue attracting foreign investors.
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October 10, 2025
Ex-Judge Claims Illegal Arrest May Have Cost Him Reelection
A former Washington state judge claims in a new lawsuit that his roadside stop and subsequent arrest by Grays Harbor County sheriff's deputies violated his constitutional rights and may have cost him his seat on the bench, noting that a county prosecutor later challenged him in an election and won.
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October 10, 2025
Curaleaf Says NJ's Pot Shop Union Requirement Bucks NLRA
Curaleaf Holdings Inc. is suing the New Jersey Cannabis Regulatory Commission in federal court, saying the commission's requirement that cannabis companies have "labor peace agreements" with particular unions is preempted by the National Labor Relations Act.
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October 10, 2025
SEC's Atkins Criticizes Del. As 'Uninterested' In IPO Reform
U.S. Securities and Exchange Commission Chair Paul Atkins said he is "disappointed" by recent changes to Delaware law that he believes will drive up litigation costs for public companies and make the state seem "uninterested in reform" that would encourage more companies to file initial public offerings there.
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October 10, 2025
Rediscovered Texas Indigenous Site Spurs Preservation Push
The Texas Historical Commission is investigating whether to list an Indigenous Gulf Coast tribal settlement as a historic property or a state antiquities landmark after a local scientist rediscovered what could be part of the tribe's ancestral lands.
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October 10, 2025
City In Okla. Pushes Dismissal Of Hemp Seizure Suit
An Oklahoma city, its police department and its police chief have all separately asked a federal judge to toss a lawsuit claiming they wrongly seized over $125,000 in hemp shipments from companies that say they did not violate state or federal law.
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October 10, 2025
Back Where We Started: Life After FTC's Noncompete Ban
Now that the Federal Trade Commission has abandoned efforts for a nationwide ban on noncompete clauses, the employment provisions remain subject to a constellation of changing state laws and can sometimes still violate federal law in certain situations.
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October 10, 2025
OpenAI's Sora Backlash Shows IP Challenges For Tech Cos.
OpenAI's new version of its video-generation model Sora has highlighted the growing tension between the development of artificial intelligence technologies and intellectual property rights, with the company emphasizing an opt-in approach for copyright owners for using their works after backlash over a reported opt-out policy.
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October 10, 2025
FCC's Carr Reminds Retailers To Heed Banned Equipment List
Brendan Carr, the Federal Communications Commission chair, said that millions of online sales listings have been taken down because of manufacturing ties to Chinese telecoms and warned that retailers must comply with the federal ban on telecommunications devices made in foreign adversary countries.
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October 10, 2025
Mich. Panel Says Detroit Flouted Surveillance Tech Notice Law
Detroit failed to comply with procedural requirements before inking contracts for gunshot detecting technology, a Michigan appellate panel said Thursday, leaving it to a lower court to determine if the contracts should be canceled due to the violations.
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October 10, 2025
Space Biz Could Get FCC Boost In Upper Microwave Bands
Hoping to give a jolt to satellite industry growth, the Federal Communications Commission will look at revamping several upper microwave spectrum bands for more flexible use.
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October 10, 2025
Conn. AG Nets Bid-Rigging Deal With Moving Companies
Two Connecticut moving and storage companies have settled an investigation into allegations that they conspired to rig their bids on a state contract, agreeing to make a collective payment and adopt antitrust compliance programs, according to a Friday announcement from the attorney general's office.
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October 10, 2025
Prosecutors, Ex-AT&T Exec To Resolve Bribery Case With DPA
A former AT&T executive will not be retried on charges that he bribed ex-Illinois House Speaker Michael Madigan early next year as planned, as his attorneys and prosecutors told an Illinois federal judge that they've agreed to resolve the matter with a deferred prosecution agreement.
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October 10, 2025
FCC Pushes For New Rules To Help Retire Copper
The Federal Communications Commission plans to weigh a proposal this month to accelerate the transition to networks that rely on internet protocol rather than copper for voice services.
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October 10, 2025
Biz Groups, GOP Reps Ask Justices To Sink Colo. Climate Suit
Business groups and over 100 Republican lawmakers are asking the U.S. Supreme Court to reverse a decision by Colorado's top court allowing Boulder's climate change tort against Exxon Mobil Corp. and Suncor Energy Inc. to proceed in state court.
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October 10, 2025
NY State Courts Release AI Rules For Judges, Staff
The New York State Court System on Friday released an interim policy on the use of artificial intelligence software by judges and staff, which goes into effect immediately and remains subject to change.
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October 10, 2025
Bill Would Let Judges, Prosecutors Carry Concealed Guns
Two Republicans have introduced a bill in the U.S. Senate that would allow current and retired federal judges and state, local and federal prosecutors to carry concealed firearms in response to increasing concerns about judicial security.
Expert Analysis
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What To Expect From 401(k) Plan Alternative Assets Order
The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
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The Future Of Lab-Test Regs After FDA Rescinds Rule
The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.
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How AI Is Easing Digital Asset Recovery In Fraud Cases
In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.
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Fleeing Or Just Leaving Quickly? 2nd Circ. Says It Depends
The Second Circuit’s recent U.S. v. Bardakova decision adopted a new approach for determining whether a defendant who commits a crime in the U.S., and then leaves and remains abroad, intends to avoid prosecution — making it more difficult to argue against the fugitive disentitlement doctrine in most cases, say attorneys at MoloLamken.
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Sanctions Considerations For Reentering The Syrian Market
Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.