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Public Policy
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May 15, 2025
11th Circ. Urged Not To Rush Appeal Of Fla. Migrant Law Block
Immigration organizations have told the Eleventh Circuit there is no need to expedite Florida's appeal of an injunction blocking a state law criminalizing the entry of unauthorized immigrants because the state has produced no practical reason to speed up the appeal.
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May 15, 2025
Live Nation's Atty Fails To 'Move The Needle' In Discovery Bid
A California federal judge appeared likely Thursday to stick with his tentative ruling that Live Nation's ticketing rivals can protect documents they say could facilitate the very conduct at issue in an antitrust case, telling an attorney for the company his arguments did not "move the needle."
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May 15, 2025
Colo. Chief Sacked Firefighters Behind Union Drive, Suit Says
Two former captains and a statewide union sued a Southwest Colorado fire district and its chief Thursday for allegedly stopping a union campaign in its tracks by retaliating against organizers, claiming the chief fired the captains after they organized a vote showing nearly three-quarters of workers backed unionization.
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May 15, 2025
Consumer Bid To Block Capital One-Discover Deal Falters
A California federal judge Wednesday rejected a group of consumers' last-minute bid to delay Capital One Financial Corp.'s impending purchase of Discover Financial Services, unpersuaded that the deal poses serious enough potential antitrust concerns to support a preliminary injunction.
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May 15, 2025
Unions, Groups Seek Injunction To Block Gov't Restructuring
A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.
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May 15, 2025
SEC, FINRA Staff Retract 2019 Statement On Crypto Custody
U.S. Securities and Exchange Commission and Financial Industry Regulatory Authority staff on Thursday withdrew a joint statement from President Donald Trump's first term warning that existing consumer protection safeguards may not be effective or available for digital asset securities.
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May 15, 2025
Broadcasters, Wireless Biz Square Off Over 6 GHz Changes
Big Tech is defending the Federal Communications Commission's move to open the 6 gigahertz band to unlicensed wireless devices, calling attacks from broadcasters "meritless" and saying they've been "debunked" numerous times already.
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May 15, 2025
Justices Wary Of Pausing Sweeping Injunctions In Birthright Case
A majority of the U.S. Supreme Court seemed eager Thursday to limit lower courts' use of universal injunctions generally, but several justices voiced concerns about the effect such a ruling would have on lawsuits challenging the constitutionality of President Donald Trump's executive order that aims to limit birthright citizenship.
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May 15, 2025
Durbin Says White House Skirting Blue-Slip Process For Noms
Sen. Dick Durbin, D-Ill., ranking member of the Senate Judiciary Committee, raised concerns Thursday that the White House is not fully complying with the practice of giving both home state senators a de facto veto over nominees for U.S. attorney and district judgeships.
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May 15, 2025
DEA Says State-Legal Pot Fuels Transnational Crime
The U.S. Drug Enforcement Administration said in a report made public Thursday that state-level legalization of marijuana has resulted in a flood of cannabis beyond what those markets require and, despite state regulation, international crime syndicates have largely taken control of the entire American marijuana trade, both legal and not.
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May 15, 2025
Plaintiff's 'Total Victory' Forces End To Southwest Bias Suit
A Texas federal judge intends to issue a final judgment in a nonprofit's suit challenging an award program for Hispanic employees of Southwest Airlines Co., saying the "obstinate plaintiff" has already achieved total victory in the suit.
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May 15, 2025
9th Circ. Doubts Anti-Trans Orgs Can Nix Youth Runaway Law
Ninth Circuit judges questioned Thursday if anti-transgender groups and parents had standing to challenge a Washington state law intended to ensure shelter for runaway teens seeking gender-affirming care, with one judge asking "where are the parents" who have been adversely affected.
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May 15, 2025
Regulatory Rollback Orders Legally Risky, FERC Chair Says
The Federal Energy Regulatory Commission is attempting to comply with executive orders that aim to roll back federal regulations, but Chairman Mark Christie said Thursday that implementing the orders could open FERC up to lawsuits and potentially courtroom defeats.
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May 15, 2025
9th Circ. Questions University's Limits On Professor's Speech
Two Ninth Circuit judges cast doubt on the University of Washington's defense in a First Amendment lawsuit on Thursday, questioning why the college would remove a professor's parody of a Native American land acknowledgment from his class syllabus while permitting him to broadcast the same opinions elsewhere in the academic setting.
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May 15, 2025
SEC Focused On 'Rooting Out' AI Abuse, Agency Atty Says
The U.S. Securities and Exchange Commission is focused on "rooting out" the misuse of artificial intelligence by brokerage firms and publicly traded companies, a California audience heard Thursday as agency attorneys tried to combat the perception that the SEC's enforcement arm has gone silent.
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May 15, 2025
Colo. Justices To Weigh Self-Defense In At-Will Firings
The Colorado Supreme Court will consider if the state's at-will employment doctrine has an exception allowing people to challenge their termination for actions taken in self-defense, in the case of a Circle K store clerk who was fired after a confrontation with a robber.
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May 15, 2025
DOD Updates Plans For Trans Service Member Separations
The U.S. Department of Defense on Thursday issued updated guidance for plans to identify and discharge transgender service members after a Supreme Court order allowed it to keep implementing a challenged policy that prohibited them from serving.
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May 15, 2025
Energy Dept. Expands Review Of $15B Worth Of Grants
The U.S. Department of Energy said on Thursday that it's scrutinizing 179 grant awards worth $15 billion that it said were issued under the Biden administration.
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May 15, 2025
UMich Protesters Say Lives 'Upended' By Campus Bans
An attorney for protesters challenging their bans from the University of Michigan campus told a federal judge Thursday that the trespass orders have "upended" their lives because the vast campus intertwines with the city of Ann Arbor and urged the court to find the bans violated their due process.
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May 15, 2025
House Tax Bill's Foreign Rules May Finish Off Energy Perks
House Republicans' mammoth tax bill proposes phasing out two popular clean electricity business tax credits, but additional restrictions on eligible development projects' foreign business ties could have the same effect as immediately repealing them.
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May 15, 2025
Battery Recycler Cites 'Green' Funding Uncertainties In Ch. 15
Lithium battery recycler Li-Cycle asked a New York bankruptcy judge to recognize its Canadian insolvency, saying the current political climate has made investors wary of infusing money needed to tap a $475 million U.S. federal loan.
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May 15, 2025
Harvard Researcher Held By ICE To Be Returned To Mass.
A Harvard Medical School researcher and Russian national taken into custody by immigration officers who found frog embryos in her luggage three months ago will be returned to Massachusetts to face a smuggling charge, a Louisiana federal judge ordered on Thursday.
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May 15, 2025
Conservatives Challenge Title Of Colo. Tax Cut Initiative
A proposed Colorado ballot measure to reduce the state income tax rate by one-hundredth of a percentage point was assigned an unlawfully confusing title by a state board, the conservative activists behind the initiative charged in a petition to the state Supreme Court.
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May 15, 2025
DC Circ. Doubts Jurisdiction In Baristas' NLRB Challenge
A D.C. Circuit panel expressed skepticism Thursday that it had any role in deciding two Starbucks workers' challenge to job protections for National Labor Relations Board members now that the agency agrees with the baristas' argument.
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May 15, 2025
Conn. Justice Warns DMV Rule May Destroy Towing Program
If the Connecticut Department of Motor Vehicles is correct in its interpretation of how towing companies can be paid for certain services, a state police program for clearing wrecks will evaporate because participating will not be profitable, a justice of the state Supreme Court warned Thursday.
Expert Analysis
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5 Steps To Promote Durable, Pro-Industry Environmental Regs
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.
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Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike
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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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Opinion
7 Ways CFTC Should Nix Unnecessary Regulatory Burdens
Several U.S. Commodity Futures Trading Commission regulations do not work efficiently in practice, all of which can be abolished or improved in order to comply with a recent executive order requiring the elimination of 10 regulations for every new one implemented, say attorneys at K&L Gates.
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Key Issues To Watch As USPTO Changes Abound
As 2025 continues to unfold, changes at the U.S. Patent and Trademark Office — including new leadership, operational reforms, legislative initiatives and AI-related policies — have potential to influence proceedings, including efforts to prosecute patents and adversarial proceedings before the Patent Trial and Appeal Board, say attorneys at Morgan Lewis.
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Risks Of Today's Proffer Agreements May Outweigh Benefits
Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.
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Unpacking Trump Admin Plans For Value-Based Care
Recent developments from the Center for Medicare and Medicaid Innovation suggest the Trump administration intends to put its own stamp on value-based care, emphasizing cost savings assessment in particular, with its recent cancellation of several payment models that had supported primary care, says Miranda Franco at Holland & Knight.
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Trending At The PTAB: A Pivot On Discretionary Denials
Following the U.S. Patent and Trademark Office's rescission of the 2022 Vidal memorandum and a reversion to the standards under Apple v. Fintiv, petitioners hoping to avoid discretionary denials should undertake holistic review of all Fintiv factors, rather than relying on certain fail-safe provisions, say attorneys at Finnegan.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.
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SDNY Sentencing Ruling Is Boon For White Collar Defendants
Defense attorneys should consider how to maximize the impact of a New York federal court’s recent groundbreaking ruling in U.S. v. Tavberidze, which held that a sentencing guidelines provision unconstitutionally penalizes the right to a jury trial, says Sarah Sulkowski at Gelber & Santillo.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Justices' TikTok Ruling Sets Stage For 1st Amendment Battle
The U.S. Supreme Court's landmark ruling upholding a law requiring TikTok's sale sets the stage for an inevitable clash between free speech and government interests and signals that future cases will turn on whether a regulation poses a substantial burden on speech, say attorneys at Dykema.
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What Del. Corporate Law Rework Means For Founder-Led Cos.
Although the amendments to the Delaware General Corporation Law have proven somewhat divisive, they will provide greater clarity and predictability in the rules that apply to founder-led companies navigating transactions concerning controlling stockholders and responding to books-and-records requests, say attorneys at Munger Tolles.
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Border Cash Transaction Rule Heralds Wider AML Crackdown
The Financial Crimes Enforcement Network’s new order for money services providers near the Mexican border to report cash transactions over $200 should warn financial institutions to prepare for the new administration's heightened scrutiny of cross-border transactions and anti-money laundering compliance, says Daniel Silva at Buchalter.