Public Policy

  • May 21, 2025

    Texas Bills To Watch Before The End Of The 2025 Session

    With less than two weeks remaining in the Texas legislative session, lawmakers will hit several deadlines in the coming days that will seal the fate of bills surrounding legal procedure, abortion, artificial intelligence and other topics.

  • May 21, 2025

    Courts Can't Review Trump's Tariff Emergencies, Gov't Says

    Courts can't review President Donald Trump's decision that unusual or extraordinary threats exist under the International Emergency Economic Powers Act, a government attorney told the U.S. Court of International Trade on Wednesday as 12 states seek to block Trump's tariffs under the law.

  • May 21, 2025

    Offshore Wind Farm Foes Back Trump Permitting Pause

    Opponents of a New Jersey offshore wind farm on Wednesday backed the Trump administration's freeze on wind project permitting, telling a Massachusetts federal judge the moratorium is both legal and constitutional.

  • May 21, 2025

    Country Music Singer Urges Sens. To Pass AI Deepfakes Bill

    Country music star Martina McBride urged U.S. senators Wednesday to pass legislation aimed at protecting individuals from having their voice and likeness replicated with artificial intelligence without their permission, saying "it's frightening, and it's wrong."

  • May 21, 2025

    American Tells United To Butt Out Of O'Hare Gate Dispute

    American Airlines has urged an Illinois federal court to not allow rival carrier United to intervene in its lawsuit alleging the city of Chicago breached its contract with the airline by reassigning gate space at O'Hare International Airport, arguing its competitor has no right to wade into a case concerning "a lease to which it is not a party and which grants it no rights or benefits."

  • May 21, 2025

    UC Says It's Unclear Students In Bias Suit Even Plan To Apply

    The University of California told a federal judge Tuesday that an organization representing a group of Asian American and white students hasn't shown they are actually "able and ready" to seek admission, arguing the court should toss a suit claiming the school racially discriminated against them.

  • May 21, 2025

    'Only God Knows My Name': 11th Circ. OKs Doe's Conviction

    The 11th Circuit on Wednesday affirmed the conviction of a man who refused to be identified by immigration officials, saying, "Only God knows my name," ruling the lower court correctly held the criminal statute he was charged under applied to him although it couldn't prove he lawfully entered the country. 

  • May 21, 2025

    USPTO Tackling Backlog Despite Hiring Freeze, Official Says

    While the U.S. Patent and Trademark Office waits out a federal hiring freeze preventing it from bringing in more patent examiners, it's using initiatives like reassignments and rewards to "do more with less" and cut down on patent pendency, the agency's deputy commissioner for patents said Wednesday.

  • May 21, 2025

    EPA Chief Defends Trump Plan To Halve Agency Budget

    U.S. Environmental Protection Agency Administrator Lee Zeldin on Wednesday told senators that despite President Donald Trump's proposal to cut the EPA's budget by 55% and an internal reorganization, agency scientists can handle the current workload.

  • May 21, 2025

    Immigrant Groups Appeal Denied Bid To Halt IRS-ICE Deal

    Immigrant advocacy groups on Wednesday appealed a D.C. federal judge's order denying their bid to block the IRS from sharing taxpayer data with immigration enforcement agencies, with their counsel warning "it will be too late" once the information is shared.

  • May 21, 2025

    Small Texas Communities Trying To Siphon Taxes, City Says

    Two Texas state court judges issued court orders Wednesday barring two small municipalities from buying up apartment buildings in the city of Rowlett, Texas, thwarting what Rowlett described as an underhanded attempt to rob the city of property tax revenue.

  • May 21, 2025

    Think Tank Challenges Taxpayer Grants To Michigan Ballparks

    A free-market think tank is challenging earmarks for local projects incorporated in Michigan's state budget in a new lawsuit that claims the funding was never properly authorized.

  • May 21, 2025

    FCC's Carr Clashes With Dems Over Verizon DEI Deal

    Congressional Democrats grilled the Federal Communications Commission's chief Wednesday about the legal basis for targeting diversity, equity and inclusion programs at Verizon, days after the wireless giant agreed to drop DEI initiatives amid its takeover of Frontier Communications.

  • May 21, 2025

    Dem Rep. Calls For Withdrawal Of New PTAB Denial Policies

    A Democratic member of the U.S. House of Representatives representing Silicon Valley told the acting head of the U.S. Patent and Trademark Office that she had "serious concern" regarding new policy in which the director has the final word on whether patent challenges should be denied for discretionary reasons.

  • May 21, 2025

    CPSC Members Take Trump To Court Over Firings

    The three Democrats on the Consumer Product Safety Commission have followed up on their threat to file suit over President Donald Trump's attempts to fire them, saying that the president is breaking the law and that they have been barred from doing their jobs without cause.

  • May 21, 2025

    Montana Reduces Taxes On Residential, Commercial Property

    Montana will lower taxes on residential and commercial property, provide property tax rebates to homeowners and implement other changes to the state's property tax regime under legislation signed by the governor.

  • May 21, 2025

    Mich. Justices Won't Hear Hotels' Water Rate Appeal

    The Michigan Supreme Court on Wednesday declined to review a Michigan town's water and sewer rates, rejecting an appeal from a group of hotels and restaurants that alleged a rate hike was an unconstitutional tax.

  • May 21, 2025

    Court Won't Revive Mental Health Class Suit Against Fla. Blue

    A Florida appeals court Wednesday declined to revive a proposed class suit by state employees enrolled in a Blue Cross and Blue Shield of Florida healthcare plan alleging the insurer designed a claims process to obstruct approval and payment of claims for mental health care.

  • May 21, 2025

    School Shooting Victims' Suits Tossed After 6th Circ. Ruling

    Lawsuits brought by the families of students who were killed in or affected by the 2021 shooting at an Oxford, Michigan, high school have been dismissed by a federal judge, a few months after the Sixth Circuit determined the school leaders' actions or inactions the morning of the shooting did not increase students' risk of harm.

  • May 21, 2025

    Pa. Justices To Mull State DOT Liability For Hanging Branches

    The Pennsylvania Supreme Court will decide if the state Department of Transportation should be immune to wrongful-death claims stemming from a large tree branch that overhung a PennDOT road but grew from a tree on land owned by the Southeastern Pennsylvania Transportation Authority, the court announced Wednesday.

  • May 21, 2025

    Reed Smith Grows In Atlanta With Kilpatrick White Collar Pair

    Reed Smith LLP has expanded its Atlanta office with two longtime Kilpatrick Townsend & Stockton LLP partners, including the former co-leader of Kilpatrick's government enforcement and investigations team and head of its white collar and investigations practice, the firm announced Wednesday.

  • May 21, 2025

    Court Won't Budge On Player's Eligibility Until 6th Circ. Acts

    A Tennessee federal judge on Wednesday refused to reconsider a University of Tennessee baseball player's request for an injunction that would pause the NCAA's eligibility restrictions on junior college transfers, saying he will have to wait for a Sixth Circuit decision in a similar antitrust lawsuit.

  • May 21, 2025

    'Rip And Replace' Likely Done In 1 Year, FCC Says

    Telecom carriers will likely be finished with work across the country to remove risky foreign-made equipment from their networks in about a year, the head of the Federal Communications Commission told lawmakers Wednesday.

  • May 21, 2025

    Democrats Wary of Nominees' Pledge To Honor Court Orders

    Nominees for top roles at the U.S. Department of Justice and the U.S. Department of Homeland Security fended off questions from Democrats on Wednesday about the Trump administration's willingness to defy court orders and pledged that the White House would at least follow rulings of the Supreme Court.

  • May 21, 2025

    NRA Asks Justices To End Fla.'s Age Limit On Gun Sales

    The National Rifle Association is taking its fight against Florida's prohibition on gun sales to anyone under 21 up to the U.S. Supreme Court, telling the justices that a circuit split makes the Eleventh Circuit's March decision upholding the ban ripe for review.

Expert Analysis

  • FDIC Unlocks A Door To Banks' Potential Crypto Future

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    The Federal Deposit Insurance Corp.'s recent crypto guidance broadens the scope of permissible activities for banks to an unprecedented level, although most institutions are unlikely to initiate or expand such practices in the immediate future, says Amanda Kowalski at Barley Snyder.

  • Del. Dispatch: Open Issues After Corp. Law Amendments

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    Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • What Del. Supreme Court LKQ Decision Means For M&A Deals

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    The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • How High Court's Cornell Decision Will Affect ERISA Suits

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    The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.

  • Aviation Watch: New FAA Chief Will Face Strong Headwinds

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    Once confirmed, Bryan Bedford, President Donald Trump's nominee to head the Federal Aviation Administration, will face steep challenges — including a shortage of air traffic controllers, a recent spate of high-profile crashes, and the difficulty of working within an administration intent on cutting staffing and funding, says Alan Hoffman, a retired attorney and aviation expert.

  • How Trump Energy Order May Challenge State Climate Efforts

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    Even if the Trump administration's recent executive order targeting state and local environmental, climate and clean energy laws, regulations and programs doesn't result in successful legal challenges to state authority, the order could discourage state legislatures from taking further climate action, say attorneys at Foley Hoag.

  • AI Use Of Hollywood Works: The Case For Statutory Licensing

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    Amid entertainment industry concerns about how generative artificial intelligence uses its copyrighted content, a statutory licensing framework may offer a more viable path than litigation and petitions — one that aligns legal doctrine, economic incentives and technological progress, says Rob Rosenberg at Telluride Legal.

  • The SEC's Administrative Law Courts Are At A Crossroads

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    The U.S. Department of Justice's recent departure from its prior defense of the U.S. Securities and Exchange Commission's administrative law judges' legitimacy moves the forum deeper into a constitutional limbo that likely requires congressional action, says Dean Conway at Carlton Fields.

  • EPA's Proposed GHG Reform Could Hinder Climate Regulation

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    The Trump administration will reconsider the U.S. Environmental Protection Agency's landmark 2009 greenhouse gas endangerment finding, which could leave the U.S. federal government with no statutory authority whatsoever to regulate climate change or greenhouse gas emissions, says David Smith at Manatt.

  • SEC's Noteworthy Stablecoin Guidance Comes With Caveats

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    The U.S. Securities and Exchange Commission recently issued a statement concluding that a narrow class of stablecoins doesn't involve the offer or sale of securities — a significant step forward in recognizing that not all crypto-assets are created equal, though there remains a pressing need for broader regulatory clarity, say attorneys at A&O Shearman.

  • Self-Disclosure Calculus Remains Complex Under Trump DOJ

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    Shifting policy focus under the Trump administration's Justice Department has created uncertainty for individuals considering voluntarily self-disclosing crimes that are no longer considered an enforcement priority, but there has been no indication that the administration intends on dialing back self-disclosure programs, say attorneys at Fox Rothschild.

  • 4 Ways US Banks Can Operate In Canada

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    Contrary to recent statements from the Trump administration, there are several options for U.S. banks that want to operate and compete in Canada, and the country’s bank ownership regime may actually be more favorable to U.S. banks than to Canadian shareholders, say attorneys at Torys.

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