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Public Policy
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October 09, 2025
US Wind Fights For Countersuit Against Offshore Project Foes
US Wind Inc. is asking a Maryland federal court to allow it to proceed with claims against local governments and community, business and environmental groups that are challenging the approval of a wind energy project off the state's coastline.
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October 09, 2025
Feds Urge 9th Circ. To Allow Portland Troop Deployment
A Ninth Circuit panel appeared split Thursday on the Trump administration's bid to preserve its ability to send Oregon National Guard members to Portland, with one judge suggesting the president's decision is entitled to deference and another panelist skeptical that the federal government would suffer harm if the deployment plan is tabled.
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October 09, 2025
Feds' E-Verify System Resumes Operation During Shutdown
The federal E-Verify system for employers to check people's eligibility to work in the U.S. has resumed operation, a little over a week after it went offline with the start of the ongoing government shutdown.
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October 09, 2025
House Republican Wants Pentagon Spectrum 'Veto' Scrapped
A key House Republican on telecom issues said Thursday he would oppose a provision tacked onto this year's defense policy bill in the U.S. Senate that could give the U.S. Department of Defense a "veto" over sharing certain spectrum bands with commercial users.
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October 09, 2025
2 NLRB Picks Advance, 1 Member Nom Stalls
The U.S. Senate labor committee on Thursday cleared two of the president's nominees to the National Labor Relations Board — including the general counsel pick whose nomination appeared stalled — but withheld a third whose ties to Boeing drew criticism at his confirmation hearing last week.
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October 09, 2025
Treasury Looks To Cut Suspicious Activity Reporting 'Noise'
The U.S. Department of the Treasury's enforcement arm Thursday released clarifications about requirements related to suspicious activity reports, specifying among other things that financial institutions do not have to document their decisions not to file the reports.
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October 09, 2025
Conn. Official Pushed Firm That Hired Family, Witnesses Say
Two local Connecticut officials on Thursday testified that Kosta Diamantis, a former state budget official accused of corruption, pushed them to hire a construction management firm they considered expensive and unnecessary without disclosing that the firm had hired his daughter and was allegedly paying him kickbacks.
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October 09, 2025
San Antonio Abandons Out-Of-State Abortion Travel Appeal
The city of San Antonio on Thursday conceded defeat in its request for court approval to go forward with a program that included funding for out-of-state travel for abortions, handing a victory to the state's attorney general.
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October 09, 2025
Jenn Mascott Of WH Counsel's Office Confirmed To 3rd Circ.
The Senate voted 50-47 on Thursday to confirm Jenn Mascott, currently serving in the White House Counsel's Office, to the Delaware seat on the Third Circuit.
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October 09, 2025
Tort Report: Nuked 'Nuclear Verdict' Stays, Texas Justices Say
The fate of a "nuclear verdict" that was used to jump-start tort reform campaigns across the country and a settlement of a suit over a Kiss guitar technician's death lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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October 09, 2025
Texas Justices Weigh $26M Fracking Water Pipeline Verdict
The Texas Supreme Court pushed Equinor Energy LP on Thursday to explain how language in a contract gave it the right to seek water for fracking from other sources, asking why the company should get out of a $26 million verdict.
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October 09, 2025
Whistleblower Asks High Court To Revive NASA Fraud Case
A whistleblower is urging the U.S. Supreme Court to revive a False Claims Act suit accusing a NASA contractor of overbilling, arguing that the Sixth Circuit wrongly let the government dismiss the case without considering the whistleblower's time and money commitment.
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October 09, 2025
NASA Union Files Suit Challenging End Of Bargaining Rights
An engineers' union representing NASA employees has challenged President Donald Trump's executive order limiting workers' bargaining rights at certain federal agencies, arguing in D.C. federal court that he violated the union's rights under the First and Fifth Amendments by ending its longstanding presence at the agency.
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October 09, 2025
FCC Looks To Scale Down Broadband 'Nutrition' Label Reg
The Federal Communications Commission will consider making broadband "nutrition" labels a little leaner after the agency during the Biden administration imposed what the industry sees as overly burdensome requirements.
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October 09, 2025
NCAA Considers Relaxing Gambling Restrictions For Athletes
The NCAA seems poised to allow student-athletes and staff to bet on professional sports in an attempt to promote responsible gambling, with the Division I Administrative Committee adopting a proposal that would no longer prohibit such wagers.
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October 09, 2025
UNC Ex-Provost Asks Court To Halt Alleged Evidence Deletion
A former provost of the University of North Carolina at Chapel Hill suing the university in state court warned that without speeding up discovery, the public's right to transparency will suffer from the university's trustees deleting text messages and other evidence.
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October 09, 2025
Florida Says Its Immigration Law Doesn't Preempt Federal Law
Florida asked the Eleventh Circuit on Thursday to overturn a block on a state law that criminalizes the entry of unauthorized immigrants into the state, arguing that there is no preemption of federal immigration law.
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October 09, 2025
Top Texas Court Halts Execution In Shaken Baby Case
Texas' top criminal court on Thursday paused the execution of a man convicted of killing his daughter under the discredited "shaken baby syndrome" theory, ordering a trial court to consider whether a recent ruling in another capital case involving the same theory could justify granting a new trial.
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October 09, 2025
Ill. Judge Blocks Trump's Deployment Of National Guard To Chicago
An Illinois federal judge Thursday partially granted a temporary restraining order over the objection of the Trump administration blocking the deployment of National Guard troops to Illinois, saying the presence of those officers would "only add fuel to the fire defendants themselves have started."
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October 09, 2025
GOP Sen. Joins Dems On Bill To Nix Trump's Global Tariffs
Several Senate Democrats and one Republican introduced legislation Thursday to eliminate the national emergency associated with President Donald Trump's so-called reciprocal tariff regime.
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October 09, 2025
Senator's Inquiry Prompts AG Review Of NC Tribe's Cannabis
U.S. Attorney General Pam Bondi has said she will review a North Carolina tribe's cannabis industry practices after one of the state's Republican senators inquired about how the tribal dispensary transports its products.
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October 09, 2025
Ga. Prosecutors Get More Time To Replace DA In Trump Case
A Georgia state judge has extended its deadline requiring a prosecutors group to replace a disqualified district attorney to oversee the election interference case against President Donald Trump and others, rejecting two defendants' opposition to anything beyond the original two-week deadline.
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October 09, 2025
FERC Nixes Ban On Pipeline Work During Project Appeals
The Federal Energy Regulatory Commission has scrapped a rule barring construction activities on gas infrastructure projects when approvals are being challenged, saying it's no longer necessary and bogs down the development of needed infrastructure.
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October 09, 2025
7th Circ. Nominee Taibleson Advances To Full Senate
The Senate Judiciary Committee advanced on party lines the nomination of Rebecca Taibleson, a federal prosecutor in Wisconsin, to serve on the Seventh Circuit, as well as four district judicial nominees and five U.S. attorney nominees.
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October 09, 2025
False-Statement Case Puts Comey In Rare Company
Former FBI director James Comey is the latest addition to the relatively short list of government officials who have been criminally charged over the past several decades with making false statements to Congress.
Expert Analysis
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Crypto Custody Guidelines Buoy Both Banks And Funds
A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Navigating Executive Perk Enforcement Under Trump Admin
While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Opinion
8th Circ. Should Reaffirm False Commercial Speech's Nature
The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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Environmental Justice Is Alive And Well At The State Level
Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.
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What FinCEN's AML Rule Delay Means For Advisers
Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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What Insurers Must Know About New La. Proof Of Loss Law
Insurers that comply with all the requirements under a Louisiana law effective this month may condition claim payments on receipt of proof of loss statements, but those that overlook even one prerequisite risk penalties and late payments, say attorneys at Phelps Dunbar.
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Legal Jeopardy Looms Over Trump's Trade Negotiation Plans
Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.
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Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal
After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.