Public Policy

  • October 08, 2025

    Chancery Extends Pause On Hospital Board Law Challenge

    The pause on ChristianaCare's lawsuit in Delaware Chancery Court against state officials in which it's challenging legislation that created a state-appointed board to review and approve hospital budgets was extended four months Wednesday to allow more time for the sides to reach a settlement.

  • October 08, 2025

    Big Banks' Gain Could Be Small Banks' Pain, Fed's Barr Says

    Federal regulators' plans to ease capital rules and other supervisory safeguards at big banks may jeopardize financial stability and leave community banks to pick up the pieces if something goes wrong, Federal Reserve Gov. Michael Barr warned in a speech Wednesday.

  • October 08, 2025

    5th Circ. Wary Of TitleMax Affiliate's Aim To Skip Usury Case

    A Fifth Circuit panel appears skeptical of a TitleMax affiliate's argument that it should get to escape the Pennsylvania Department of Banking and Securities usury case alleging the affiliate breached state law, saying Wednesday the proceedings looked like typical state police power.

  • October 08, 2025

    Senate IP Leader Plans Push To Pass Patent Eligibility Bill

    Sen. Thom Tillis, R-N.C., the leader of the Senate's intellectual property subcommittee, said Wednesday that before he leaves Congress in just over a year, one of his primary goals will be to advance his long-gestating bill to make more inventions eligible for patents.

  • October 08, 2025

    ICE Can't Use Force Vs. Ill. Press, Peaceful Protesters, Judge Says

    An Illinois federal judge said Wednesday that she will temporarily restrain federal agents from using allegedly violent silencing tactics against press and peaceful protesters, and she won't limit her order to the detention facility U.S. Immigration and Customs Enforcement operates in the Chicago suburb of Broadview.

  • October 08, 2025

    Kalshi Fights Ohio Ban As Pa. Flags Sports Betting Loophole

    The clash between state gaming regulators and federally regulated platforms offering sports wagers continued this week as Kalshi sued Ohio agencies over a directive to shut down its sports event contracts, while Pennsylvania's Gaming Control Board warned Congress that prediction markets broadly "create a backdoor to legalized sports betting."

  • October 08, 2025

    'I Don't Want To Be A Referee,' Google Search Judge Says

    A D.C. federal judge faced the prospect Wednesday of years more involvement in the U.S. Justice Department's case against Google's search monopoly, saying during a hearing that he's trying to balance avoiding being a "referee" for his remedies decision while preventing "misuses" of data sharing and search syndication mandates.

  • October 08, 2025

    North Dakota To Issue Stablecoin Through State-Owned Bank

    North Dakota on Wednesday announced plans to issue its own stable-value token through a partnership between fintech Fiserv Inc. and the state-owned Bank of North Dakota.

  • October 08, 2025

    Firm Owner Benefited From Ex-Official's Help, Jury Hears

    A construction management firm owner who claimed she felt pressured to pay Kosta Diamantis and to hire the Connecticut budget official's daughter also accepted business advice and landed government contracts with Diamantis' assistance, helping the fledgling company she launched without much experience, the official's attorney argued Wednesday.

  • October 08, 2025

    Welder Asks Fla. High Court To Revive Whistleblower Claims

    A welder mechanic asked the Florida Supreme Court on Wednesday to revive his whistleblower retaliation claims against his former employer, Gulf Power Co., arguing that state law requires only that he reasonably believed a violation of law or regulation occurred, not that he have to prove an actual violation.

  • October 08, 2025

    SoCal City Can't End Contract Dispute With Cannabis Co.

    A Southern California municipality cannot escape a multi-year legal battle over a controversial exclusive cannabis transport deal it made with Rukli Inc., a Los Angeles County judge has ruled, saying if the current contract is "void," as the city argues, then the original is revived.

  • October 08, 2025

    Oil Terminal Sale May Tank Conn. Climate Suit, Judge Hints

    A Connecticut federal judge appeared sympathetic Wednesday to Pike Fuels' argument that an environmental nonprofit is not suing the correct party over alleged permit violations at a bulk storage and fuel terminal in New Haven, since the defendant sold the facility at issue more than a year ago.

  • October 08, 2025

    Calif. Mandates Browser Ad Tracking Opt-Out In US First

    California Gov. Gavin Newsom signed a bill Wednesday that requires browser developers to offer a digital tool enabling consumers to more easily opt out of online behavioral advertising throughout the web, making the Golden State the first in the nation to enact the regulations.

  • October 08, 2025

    PTAB's Petitions Data Shows Decrease In Multiple Challenges

    The Patent Trial and Appeal Board has adjusted the way it calculates how many patents are subject to repeated scrutiny, a pet issue of agency leadership, releasing data Wednesday that says over half of challenges are "one of multiple petitions" filed against the same patent.

  • October 08, 2025

    Gov't Shutdown Essentially 'Freezes' IPO Market, Attys Say

    While the U.S. Securities and Exchange Commission technically remains open during the ongoing government shutdown that has now exceeded one week, staffing shortages have made it increasingly difficult for companies to launch initial public offerings, leaving them with few options.

  • October 08, 2025

    5th Circ. Says Some NOLA Rental Rules Are Unconstitutional

    A Fifth Circuit panel partially revived a proposed class action filed by homeowners and two companies challenging New Orleans' short-term rentals regulations, ruling in a published opinion that some of the regulations are unconstitutional.

  • October 08, 2025

    Judge Rejects Feds' Bid To Reassign USPTO Union Cases

    A D.C. federal judge has rejected the Trump administration's claim that suits by unions representing employees of the U.S. Patent and Trademark Office challenging an executive order ending their collective bargaining rights are not related to similar cases before him.

  • October 08, 2025

    Group Claims Mich. 24% Pot Tax Enacted Unlawfully

    Michigan's impending wholesale marijuana tax was approved by lawmakers unlawfully, an industry group alleged, saying the legislation signed by Gov. Gretchen Whitmer authorizing the tax did not have the votes of three-fourths of the majorities required in each legislative chamber.

  • October 08, 2025

    AFL-CIO Opposes Draft Senate Crypto Bill

    A major labor organization, the AFL-CIO, has come out against a Republican draft bill on crypto market structure, saying the draft lacks "meaningful safeguards."

  • October 08, 2025

    Federal Court Tosses Challenge To DC Cannabinoid Rule

    A lawsuit seeking to upend Washington, D.C.'s statutes that placed hemp products containing delta-9 THC into same category as marijuana was dismissed on Wednesday when a federal judge ruled that a hemp retailer, who filed the suit after its shop was shut down, totally misunderstood the "2018 Farm Bill and its impact on D.C. law."

  • October 08, 2025

    11th Circ. Urged To Keep Ga.'s E-Commerce Regs On Ice

    Internet trade group NetChoice urged the Eleventh Circuit Wednesday to leave in place an injunction that for more than a year has kept Georgia from enforcing new requirements on e-commerce platforms, arguing the state's law tries to push past a regulatory "ceiling" already imposed by federal law.

  • October 08, 2025

    FCC Wants Caller ID Expanded In Anti-Robocall Regs

    The Federal Communications Commission will consider expanding the data that consumers receive on caller ID displays as part of a wider effort to stamp out scam robocalls from overseas.

  • October 08, 2025

    Trump Admin Cites Shutdown In Bid For CFPB Case Delay

    Amid growing calls for the full D.C. Circuit to revisit a recent panel ruling that would allow mass layoffs at the Consumer Financial Protection Bureau, the Trump administration is asking for a pause in the case until after the government shutdown is over.

  • October 08, 2025

    Power Cos. Want In On Challenge To W.Va. Regional Haze Plan

    American Electric Power Co. Inc. and FirstEnergy Corp. subsidiaries are asking the Fourth Circuit to uphold a federally approved air quality plan for West Virginia that spared their facilities from some potentially expensive upgrades.

  • October 08, 2025

    Justices Probe Standing In Suit Over Ill. Ballot Counting

    The U.S. Supreme Court on Wednesday appeared open to reviving an Illinois congressman's suit challenging the state's policy of counting certain ballots after Election Day, with several justices pressing counsel for the state to address whether its position would require courts to analyze a candidate's potential success in an election to determine their standing to sue.

Expert Analysis

  • Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns

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    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.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    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.

  • Opinion

    8th Circ. Should Reaffirm False Commercial Speech's Nature

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    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.

  • Unpacking Ore. Law's Limits On PE Healthcare Investment

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    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.

  • Environmental Justice Is Alive And Well At The State Level

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    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.

  • What FinCEN's AML Rule Delay Means For Advisers

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    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.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    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.

  • What Insurers Must Know About New La. Proof Of Loss Law

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    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.

  • Legal Jeopardy Looms Over Trump's Trade Negotiation Plans

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    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.

  • Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal

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    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.

  • Opinion

    Furtive Changes To Federal Health Data Threaten Admissibility

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    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.

  • State Laws Show Uniformity Is Key To Truly Fair Bank Access

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    The lack of uniformity among state laws — including new Idaho legislation — that forbid banks from discriminating against customers based on ideology shows that a single set of federally administered fair access rules would better serve financial institutions and American consumers, say attorneys at Bradley Arant.

  • A Look At Justices' Rare Decision Not To Limit Agency Powers

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    The Supreme Court's recent denial of Alpine's cert petition in its long-running case against the Financial Industry Regulatory Authority sends a strong signal that litigation strategies dependent on the elimination of government agencies merit caution, even from a court that lately hasn't been shy about paring back agency authority, say attorneys at Venable.

  • Series

    Hiking Makes Me A Better Lawyer

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    On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

  • Opportunity Zone Overhaul Is Good News For Investors

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    Recently enacted reforms making the qualified opportunity zone program permanent, restoring the basis step-up for capital gains and adding flexibility to the zone designation process enhance the program’s appeal for long-term investment, says Steven Hadjilogiou at McDermott.

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