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Public Policy
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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.
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October 10, 2025
Mass. AG Says Robinhood Suit Can't Halt Enforcement Action
Massachusetts regulators say Robinhood is trying to make an "end run" around their efforts to enforce the Bay State's sports betting laws, in a motion asking a judge to toss the financial services platform's lawsuit against the state.
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October 10, 2025
NJ Senate President Calls For Monitor Of State AG Unit
New Jersey Senate President Nicholas Scutari on Friday called for the appointment of an independent monitor to oversee the state's Office of Public Integrity and Accountability, saying it has been troubled with failed prosecutions, botched investigations and misconduct.
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October 10, 2025
SEC Guidance Aims To Ease IPO Process During Shutdown
As the federal government shutdown lingers, the U.S. Securities and Exchange Commission has updated its guidance to advise companies on how they can still move forward with initial public offerings.
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October 10, 2025
Edward Jones Fined $100K For 'Unreasonable' Commissions
Edward D. Jones & Co. LP has entered into a consent order with Connecticut's banking regulator, agreeing to pay a $100,000 fine and about $73,000 in restitution for charging "unreasonable" commissions to retail brokerage customers in the state.
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October 10, 2025
Oklahoma, Tribes Clash Over Hunting, Fishing Sovereignty
Oklahoma's Indigenous nations are speaking out against a state Department of Wildlife Conservation directive that says its game wardens will continue to enforce state law and cite anyone in violation, regardless of tribal citizenship.
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October 09, 2025
9th Circ. Changes Stance On Appeals Of Anti-SLAPP Denials
The full Ninth Circuit on Thursday held that denials of California anti-SLAPP motions can no longer be appealed in the midst of litigation, diverging from 22-year-old circuit precedent and finding that such orders aren't immediately appealable because they don't resolve issues "completely separate from the merits."
Expert Analysis
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Adapting To USPTO's Tighter Inter Partes Review Rules
The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Genius Act Sets Stablecoin Standards — Without Regulation E
While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Opinion
Sometimes Int'l Competition Should Trump Antitrust Concerns
The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.
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Divest Order Shows How Security Fears Extend CFIUS Scope
A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.
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Art Market Must Prepare For More AML Scrutiny
Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.
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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.