Public Policy

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • May 15, 2025

    SEC-Ripple Deal Hits Speed Bump With NY Judge

    The New York federal judge who oversees the U.S. Securities and Exchange Commission's enforcement case against blockchain firm Ripple Labs declined Thursday to bless a deal that would truncate the penalties and injunctions she levied in her judgment, saying the request was made in a "procedurally improper" way.

  • May 15, 2025

    Trump Could Claw Back Defense Fees Under New Ga. Law

    Georgia taxpayers could end up on the hook for President Donald Trump's legal expenses in his election interference case under a newly signed, Republican-backed state law that allows defendants to seek attorney fees when prosecutors are disqualified from their case.

  • May 15, 2025

    FTC Chair Says Staffing Cuts Needed After Hiring Spree

    Federal Trade Commission Chairman Andrew Ferguson told lawmakers on Thursday that the previous administration hired too many agency staffers and said he is looking to reduce the workforce by around 16% while trying to avoid layoffs.

Expert Analysis

  • 4 Key Payments Trends For White Collar Attys

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    As the payments landscape continues to innovate and the new administration looks to expand the role of digital currency in the American economy, white collar practitioners should be aware of several key issues in this space, say attorneys at Jenner & Block.

  • Calif. Antitrust Bill Could Alter Enforcement Landscape

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    If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Opinion

    Upholding Tribal Sovereignty Benefits US And Indian Country

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    The Trump administration's broad moves to end diversity, equity and inclusion programs are negatively affecting many tribal programs, but supporting tribal sovereignty would serve the federal government's deregulatory goals and ensure that tribes have the resources they need, says Ellen Grover at BB&K.

  • Constitutional Foundations Of Gov't-Guaranteed Investments

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    For attorneys advising clients with exposure to government-backed investments, understanding the constitutional guardrails on presidential impoundment offers essential guidance for risk assessment, contract strategy and litigation planning, says Mauni Jalali at Quinn Emanuel.

  • Investor Essentials For Buying Federally Owned Property

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    Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.

  • How 2025 Is Shaping The Future Of Bank Mergers So Far

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    Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • What's Old And New In The CFTC's Self-Reporting Advisory

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    Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.

  • Weathering Policy Zig-Zags In Gov't Contracting Under Trump

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    To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.

  • How Trump's Crypto Embrace Is Spurring Enforcement Reset

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    The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.

  • After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands

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    The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • What Trump's Order Means For The Legal Status Of IVF

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    An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.

  • During Financial Regulatory Uncertainty, Slow Down And Wait

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    Amid the upheaval at the Consumer Financial Protection Bureau and the slowdown in activity at the prudential agencies, banks must exercise patience before adopting strategic and tactical plans, as well as closely monitor legal and regulatory developments concerning all the federal financial regulators, say attorneys at Dorsey.

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