Public Policy

  • May 28, 2025

    BREAKING: Judge Won't Stop Ex-Copyright Office Director's Firing

    A D.C. federal judge on Wednesday declined to stop the Trump administration from ousting the former director of the U.S. Copyright Office, saying the recently fired official had not shown she would be irreparably harmed absent the court's intervention.

  • May 28, 2025

    NRA President's Attys Want Out Of Election-Inspection Case

    The lawyers representing the recently elected president of the National Rifle Association in a contract dispute stemming from investigations of the 2020 election are asking a Michigan federal court to excuse them from the case, after their client allegedly heard from his codefendant and stopped talking to them.

  • May 28, 2025

    IOC Extends Russia's Olympic Ban To 2026 Winter Games

    Russian teams will not be allowed to compete in the 2026 Winter Olympic Games in Milan, Italy, the International Olympic Committee confirmed, extending the ban imposed after the 2022 invasion of Ukraine.

  • May 28, 2025

    Insurance Atty Talks FEMA Cuts As Storm, Fire Seasons Near

    As hurricane and wildfire seasons approach, Anthony Lopez, founder of the law firm Your Insurance Attorney, told Law360 Real Estate Authority that with natural disasters intensifying, the Trump administration's cuts to FEMA are likely to put more pressure on states and property owners in an already challenging insurance environment.

  • May 28, 2025

    DOL Rescinds Warning Against Crypto In 401(k) Plans

    The U.S. Department of Labor on Wednesday rescinded guidance by former President Joe Biden's administration that warned against crypto offerings in 401(k) plans, which had sparked a legal challenge from a 401(k) provider against the agency.

  • May 27, 2025

    1st Circ. Won't Revive Challenge To Federal Cannabis Ban

    The First Circuit on Tuesday refused to resurrect a suit challenging the long-standing federal prohibition of cannabis, rejecting the argument that the circumstances underlying a U.S. Supreme Court decision on cannabis policy had changed so much in the last 20 years that the precedent was no longer relevant.

  • May 27, 2025

    Musk, DOGE Fail To Nix States' Suit Against 'Limitless' Power

    Fourteen states can proceed in their lawsuit challenging Elon Musk and the Department of Government Efficiency's influence in the federal government after a D.C. federal judge Tuesday refused to toss their suit, rejecting the government's contention that Musk wasn't subject to the U.S. Constitution's appointments clause.

  • May 27, 2025

    Crypto Industry Urges CFTC Action On Perpetual Contracts

    Derivatives marketplaces and cryptocurrency firms told the U.S. Commodity Futures Trading Commission that setting rules for so-called perpetual derivatives would bring significant crypto trading activity onshore, but the regulator will have to contend with round-the-clock trading, novel risks and characteristics that don't fit neatly into existing classifications.

  • May 27, 2025

    Ruling Tariffs Unlawful Would 'Kneecap' Trump, Gov't Says

    A ruling from a D.C. federal judge invalidating the Trump administration's use of the International Emergency Economic Powers Act to impose sweeping global tariffs would "kneecap" the president and cause "diplomatic embarrassment," a government attorney told a Washington, D.C., federal judge in court Tuesday.

  • May 27, 2025

    CMS Heightens Medicaid Oversight For Immigrant Care

    The Centers for Medicare & Medicaid Services on Tuesday said it is ramping up its financial oversight of states to detect misuse of federal Medicaid dollars, telling states it will seek to recoup federal funds spent on nonemergent care for "illegal aliens."

  • May 27, 2025

    Immigrants Say Feds Can't Escape Challenge To TPS Vacaturs

    Haitian and Venezuelan immigrants on Tuesday urged a Massachusetts federal judge to reject the Trump administration's push to scrap their lawsuit challenging its authority to undo temporary protected status extensions allowing them to live and work in the U.S.

  • May 27, 2025

    US Accuses 4 NJ Cities Of Blocking Immigration Enforcement

    Four New Jersey cities — Newark, Jersey City, Paterson and Hoboken — are obstructing federal immigration enforcement with their sanctuary policies in violation of the supremacy clause of the U.S. Constitution, the federal government claims in a lawsuit filed in the Garden State.

  • May 27, 2025

    Bill To Curb Public Info Misuse Clears Texas Legislature

    A bill aimed at curbing so-called bid-rigging by imposing significantly harsher penalties for misuse of official information unanimously passed both branches of the Texas Legislature and was sent to Gov. Greg Abbott's desk Monday.

  • May 27, 2025

    Texas Legislature Sends THC Ban To Governor's Desk

    Texas lawmakers on Tuesday gave final approval to a bill banning products with hemp-derived THC and sent the legislation to Gov. Greg Abbott's desk, advancing one of the goals of his administration.

  • May 27, 2025

    Khalil Says ICE Detention Blocking Access To Lawyers, Family

    Columbia University graduate Mahmoud Khalil told a New Jersey federal judge on Tuesday that his continued detention at a U.S. Immigration and Customs Enforcement processing center in Louisiana has been blocking him from meaningful access to his attorneys and wife during his habeas proceedings.

  • May 27, 2025

    Native Church Sues Calif. Sheriff Over Raids On Sacred Plants

    A California branch of the Native American Church is accusing San Bernardino County and its sheriff's office of violating federal religious freedom laws by raiding its property and seizing sacramental cannabis and other plant medicines used in worship ceremonies, in a lawsuit removed to federal court.

  • May 27, 2025

    Trump's WilmerHale Order Struck Down In Forceful Decision

    A D.C. federal judge struck down President Donald Trump's executive order targeting WilmerHale in an impassioned opinion Tuesday, writing that Trump's entire order is unconstitutional, and "to rule otherwise would be unfaithful to the judgment and vision of the Founding Fathers!"

  • May 27, 2025

    Gorsuch Says Oak Flat Ruling Will Harm Native Generations

    The Supreme Court's decision to deny an Apache nonprofit's petition that looked to save a centuries-old Arizona Indigenous worship site from destruction to make way for a multibillion-dollar copper mine is a grievous mistake with consequences that threaten to reverberate for generations, Justice Neil Gorsuch said in a Tuesday dissent.

  • May 27, 2025

    11th Circ. Won't Revisit FCC Ownership Ruling

    The Eleventh Circuit won't take a second whack at its order upholding a Federal Communications Commission finding that Gray Television had broken agency ownership consolidation rules by owning one too many stations in Anchorage, Alaska.

  • May 27, 2025

    Browns Update Bid To Build Stadium Outside Of Cleveland

    The Cleveland Browns have reasserted their claim in Ohio federal court that the city of Cleveland cannot legally stop the NFL franchise from building a new stadium in the suburbs and that the city law designed to keep an owner from moving the team without government approval does not apply to them.

  • May 27, 2025

    Feds Tell 11th Circ. 'No Error' In Ga. Bid-Rigging Conviction

    Federal prosecutors urged the Eleventh Circuit Friday to uphold the bid-rigging and price-fixing convictions of one of two brothers accused of manipulating the coastal Georgia concrete market, arguing his push for a new trial is a "virtual carbon copy" of one a district court already rejected.

  • May 27, 2025

    NC Justices Say Doc Is Employee, Not Official With Immunity

    The North Carolina Supreme Court has overturned an appeals court decision that a University of North Carolina professor had public-official immunity in a defamation suit over an investigation into a colleague's going-away party, holding he is an employee of a public agency, not a public official entitled to immunity.

  • May 27, 2025

    Chancery Footnotes Raise Post-SB 21 Stir In Delaware

    A Delaware vice chancellor has created a stir with expansive opinion footnotes pushing back on the state Supreme Court's rejection of a controller's liability to stockholders after rechartering a business in more board-friendly Nevada, close on the heels of a bitter legislative debate over reworking Delaware corporate law.

  • May 27, 2025

    CFTC Member Speaks On Agency Exits: 'Not A Great Situation'

    Departing U.S. Commodity Futures Trading Commission member Christy Goldsmith Romero said Tuesday that a possible leadership void at the agency could do a "great disservice to regulation" at a time when Congress is thinking of handing the agency the keys to the cryptocurrency industry.

  • May 27, 2025

    Mich. Fuel Supplier Fights $8.7M Tax Bill Over Flight Credit

    A fuel supplier is challenging the Michigan Department of Treasury's determination that the company cannot claim credit for interstate flights on its returns because it is not an airline operator and is now liable for $8.7 million in tax and interest.

Expert Analysis

  • Pace Of Early Terminations Suggests Greater M&A Scrutiny

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    The nascent return of early termination under the Hart-Scott-Rodino Act shows a more limited use than before its 2021 suspension under the Biden administration's Federal Trade Commission, suggesting deeper scrutiny of mergers and acquisitions across the board, says Michael Wise at Squire Patton.

  • DOJ Export Declination Highlights Self-Reporting Benefits

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    The U.S. Department of Justice's recent decision not to prosecute a NASA contractor, despite a former employee pleading guilty to facilitating unlicensed exports, underscores the advantages available to companies that self-report sanctions violations, cooperate with investigations and implement timely remediation, say attorneys at Cleary.

  • Review Risk Is Increasing For Foreign Real Estate Developers

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    Federal and state government efforts have been expanding oversight of foreign investment in U.S. real estate, necessitating careful assessment of risk and of the benefits of notifying the Committee on Foreign Investment in the United States, say attorneys at Troutman.

  • Energy Order Brings Risks For Lenders And Borrowers Alike

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    A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.

  • What Employers Should Know About New Wash. WARN Act

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    Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.

  • What's At Stake As Trump Admin Targets Carbon Markets

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    Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.

  • What To Know About New Wash. Community Association Law

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    A series of recent legislative updates that greatly expand application of the Washington Uniform Common Interest Ownership Act pose significant challenges to the volunteer board members who administer and operate condos and homeowners associations, but there are ways to lessen the newly imposed administrative burden, says Tim Feth at VF Law.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Fledgling Crypto ATM Regs May Be Due For A Growth Spurt

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    As cryptocurrency ATM use and availability become more prevalent within the U.S. financial services ecosystem, states — only a few of which currently have a crypto ATM framework — may need to consider expanding legislation and regulation to accelerate consumer fraud protection practices, says Jason Noto at Polsinelli.

  • The Legal Risks Of US Restrictions On Investments In China

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    The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.

  • How Trucking Cos. Can Keep Rolling Under Tariff Burdens

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    Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.

  • UK May Play Major Role In Corporate Misconduct Regulation

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    In light of the U.S.' pause in Foreign Corrupt Practices Act enforcement, the U.K. Serious Fraud Office has released new guidance showing it may seize the opportunity to play a heightened role in regulating corporate misconduct by U.S. companies with a global presence, particularly over the next few years, say attorneys at Paul Weiss.

  • Tariff Strategies For The US Renewable Energy Sector

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    The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • Opinion

    Why It's Time To Retire The Efficient Market Hypothesis

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    As agentic artificial intelligence systems increasingly affect financial markets, the efficient market hypothesis no longer offers a viable foundation for legal and regulatory engagement, and a new theoretical foundation is needed, say Zachary Brenner, a student at California Western School of Law, and attorney Gary Brenner.

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