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Public Policy
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October 09, 2025
Texas Justices Weigh $26M Fracking Water Pipeline Verdict
The Texas Supreme Court pushed Equinor Energy LP on Thursday to explain how language in a contract gave it the right to seek water for fracking from other sources, asking why the company should get out of a $26 million verdict.
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October 09, 2025
Whistleblower Asks High Court To Revive NASA Fraud Case
A whistleblower is urging the U.S. Supreme Court to revive a False Claims Act suit accusing a NASA contractor of overbilling, arguing that the Sixth Circuit wrongly let the government dismiss the case without considering the whistleblower's time and money commitment.
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October 09, 2025
NASA Union Files Suit Challenging End Of Bargaining Rights
An engineers' union representing NASA employees has challenged President Donald Trump's executive order limiting workers' bargaining rights at certain federal agencies, arguing in D.C. federal court that he violated the union's rights under the First and Fifth Amendments by ending its longstanding presence at the agency.
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October 09, 2025
FCC Looks To Scale Down Broadband 'Nutrition' Label Reg
The Federal Communications Commission will consider making broadband "nutrition" labels a little leaner after the agency during the Biden administration imposed what the industry sees as overly burdensome requirements.
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October 09, 2025
NCAA Considers Relaxing Gambling Restrictions For Athletes
The NCAA seems poised to allow student-athletes and staff to bet on professional sports in an attempt to promote responsible gambling, with the Division I Administrative Committee adopting a proposal that would no longer prohibit such wagers.
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October 09, 2025
UNC Ex-Provost Asks Court To Halt Alleged Evidence Deletion
A former provost of the University of North Carolina at Chapel Hill suing the university in state court warned that without speeding up discovery, the public's right to transparency will suffer from the university's trustees deleting text messages and other evidence.
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October 09, 2025
Florida Says Its Immigration Law Doesn't Preempt Federal Law
Florida asked the Eleventh Circuit on Thursday to overturn a block on a state law that criminalizes the entry of unauthorized immigrants into the state, arguing that there is no preemption of federal immigration law.
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October 09, 2025
Top Texas Court Halts Execution In Shaken Baby Case
Texas' top criminal court on Thursday paused the execution of a man convicted of killing his daughter under the discredited "shaken baby syndrome" theory, ordering a trial court to consider whether a recent ruling in another capital case involving the same theory could justify granting a new trial.
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October 09, 2025
Ill. Judge Blocks Trump's Deployment Of National Guard To Chicago
An Illinois federal judge Thursday partially granted a temporary restraining order over the objection of the Trump administration blocking the deployment of National Guard troops to Illinois, saying the presence of those officers would "only add fuel to the fire defendants themselves have started."
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October 09, 2025
GOP Sen. Joins Dems On Bill To Nix Trump's Global Tariffs
Several Senate Democrats and one Republican introduced legislation Thursday to eliminate the national emergency associated with President Donald Trump's so-called reciprocal tariff regime.
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October 09, 2025
Senator's Inquiry Prompts AG Review Of NC Tribe's Cannabis
U.S. Attorney General Pam Bondi has said she will review a North Carolina tribe's cannabis industry practices after one of the state's Republican senators inquired about how the tribal dispensary transports its products.
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October 09, 2025
Ga. Prosecutors Get More Time To Replace DA In Trump Case
A Georgia state judge has extended its deadline requiring a prosecutors group to replace a disqualified district attorney to oversee the election interference case against President Donald Trump and others, rejecting two defendants' opposition to anything beyond the original two-week deadline.
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October 09, 2025
FERC Nixes Ban On Pipeline Work During Project Appeals
The Federal Energy Regulatory Commission has scrapped a rule barring construction activities on gas infrastructure projects when approvals are being challenged, saying it's no longer necessary and bogs down the development of needed infrastructure.
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October 09, 2025
7th Circ. Nominee Taibleson Advances To Full Senate
The Senate Judiciary Committee advanced on party lines the nomination of Rebecca Taibleson, a federal prosecutor in Wisconsin, to serve on the Seventh Circuit, as well as four district judicial nominees and five U.S. attorney nominees.
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October 09, 2025
False-Statement Case Puts Comey In Rare Company
Former FBI director James Comey is the latest addition to the relatively short list of government officials who have been criminally charged over the past several decades with making false statements to Congress.
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October 09, 2025
Anti-Union Firm Joins Fight Against Calif. Cannabis Labor Law
An anti-union group has thrown its weight behind a cannabis retailer's challenge to a California law that requires marijuana businesses to sign labor peace agreements with unions, arguing before the Ninth Circuit that the law is preempted by the National Labor Relations Act.
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October 09, 2025
Calif. Enacts Law To Boost Pay Parity Protections
A California law aimed at increasing the accuracy of the compensation estimates that state employers are required to include in job postings and signed by Gov. Gavin Newsom makes clear that perks such as stock options are considered wages and expands the limitations window for pursuing pay bias claims.
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October 09, 2025
6th Circ. Says Facebook Posts About Firm Not Defamation
The Sixth Circuit has declined to revive a defamation suit over social media posts alleging an unethical connection between a New Jersey-headquartered law firm and members of the Flint, Michigan, city council.
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October 09, 2025
Pa. Court Nixes Gun Shop Rules In Town's Zoning Code
A Pennsylvania town's "conditional use" zoning requirements that restrict gun shops operating in certain parts of town are preempted by laws that say only the state Legislature can regulate guns, a split state appellate court found Oct. 9.
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October 09, 2025
Menendez Witness Avoids Prison After 'Honest' Testimony
A Manhattan federal judge allowed a former insurance broker from New Jersey to avoid prison Thursday, after prosecutors said his "extensive" cooperation helped secure the conviction of former U.S. Sen. Bob Menendez on corruption charges.
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October 08, 2025
Trump Tariffs Unconstitutional, Watchdog Tells Justices
Either President Donald Trump doesn't have authority to impose tariffs under the International Emergency Economic Powers Act, or the law is unconstitutional, the nonprofit group Consumer Watchdog told the U.S. Supreme Court Wednesday, urging the justices to affirm lower court rulings deeming those measures unlawful.
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October 08, 2025
Retailers Lose Bid To Ax NY Algorithmic Pricing Law
A New York federal judge Wednesday tossed the National Retail Federation's lawsuit challenging a new state law that requires retailers to disclose the use of so-called algorithmic pricing, saying the retailers have not plausibly alleged that the disclosure requirement violates the First Amendment's prohibition on compelled speech.
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October 08, 2025
FCC Tells Justices 5th Circ. Used Jarkesy To Gut Enforcement
The Fifth Circuit erroneously used a major U.S. Supreme Court decision curtailing U.S. Securities and Exchange Commission trials to "severely impair" Federal Communications Commission enforcement in the telecommunications industry, the FCC said in a petition urging the justices to resolve a new circuit split.
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October 08, 2025
Miami College Sued Over Land Transfer For Trump Library
A retired professor is seeking to block the transfer of roughly three acres of land Miami Dade College has given away to build the Donald J. Trump Presidential Library, telling a Florida state court that the school broke a state public meeting law by providing scant details of the possible transfer.
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October 08, 2025
GOP Sens. Talk Big Tech Censorship While Dems Talk Kimmel
Senate Republicans convened a committee hearing Wednesday morning to discuss "how Uncle Sam jawboned Big Tech into silencing Americans," but Democrats wanted to talk about censorship of a different stripe and kept pulling the conversation back to Jimmy Kimmel and the Federal Communications Commission.
Expert Analysis
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Navigating Executive Perk Enforcement Under Trump Admin
While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
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.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
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.
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Opinion
8th Circ. Should Reaffirm False Commercial Speech's Nature
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.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
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.
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Environmental Justice Is Alive And Well At The State Level
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.
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What FinCEN's AML Rule Delay Means For Advisers
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.
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5 Ways Lawyers Can Earn Back The Public's Trust
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.
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What Insurers Must Know About New La. Proof Of Loss Law
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.
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Legal Jeopardy Looms Over Trump's Trade Negotiation Plans
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.
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Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal
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.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
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.
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State Laws Show Uniformity Is Key To Truly Fair Bank Access
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.
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A Look At Justices' Rare Decision Not To Limit Agency Powers
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.
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Series
Hiking Makes Me A Better Lawyer
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.