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Public Policy
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May 23, 2025
5th Circ. Sides With Texas Library In Book Ban Redo
The Fifth Circuit gave a green light for a Texas public library to toss several books that deal with topics such as sexuality and racism, labeling the arguments challenging the library's decision to remove the challenged literature as "over-caffeinated" in a Friday en banc opinion.
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May 23, 2025
Florida AG Flouted Order Blocking Migration Law, Groups Say
Advocates for immigrant and farmworker rights asked a Florida federal judge to "take appropriate action" in response to a letter sent by the Florida attorney general encouraging the arrest of unauthorized immigrants, in violation of a temporary restraining order.
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May 23, 2025
SEC Cracks Door For Retail Entry Into Private Funds
The U.S. Securities and Exchange Commission is exploring increasing retail access to private funds, marking one of several pivotal shifts the watchdog is considering that would widen public exposure to the vast but less regulated world of private markets.
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May 23, 2025
X Says Media Matters Must Pay For 'Unjustified' Transfer Bid
Social media giant X Corp. wants Media Matters for America sanctioned for waiting more than a year to try to transfer X Corp.'s lawsuit against it, and told a Texas federal judge Wednesday that the left-leaning media watchdog must cover the costs of defending against the unsuccessful motion.
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May 23, 2025
Texas Nonprofits Can Be Sued For Doc Med Mal, Justices Rule
The Texas Supreme Court ruled Friday that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees, in a dispute over an allegedly botched brain surgery.
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May 23, 2025
Trump Says 'It's Time For Nuclear' And Orders New Reactors
President Donald Trump said Friday that he wants to revive the nation's nuclear power industry to serve defense and artificial intelligence needs, and ordered the U.S. Department of Energy to "eliminate or expedite" environmental reviews so new reactors can come online more quickly.
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May 23, 2025
10th Circ. To Weigh Tribal Sovereignty In Casino Land Dispute
Officials for the Fort Sill Apache Tribe have asked the Tenth Circuit to reverse a lower court's partial denial of their bid to dismiss the Comanche Nation's lawsuit seeking to shut down an FSA casino that the Nation claims is on its historical reservation.
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May 23, 2025
Nonprofit Orgs. Want In On States' Wash. EV Funding Fight
A group of environmental, energy and consumer interest organizations are asking a Seattle federal judge to let them enter a lawsuit that 16 states and the District of Columbia brought seeking continued funding for new electric vehicle infrastructure so they can protect their interests in the suspended federal program without having to file a separate suit.
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May 23, 2025
Immigrant Registration Is Valid Policy, DHS Tells DC Circ.
The Trump administration told the D.C. Circuit that its rule requiring noncitizens to register with the government or face prosecution doesn't need to undergo the full notice-and-comment rulemaking process, and that immigrant rights' groups suing to stop it lack any concrete harm that would justify their standing.
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May 23, 2025
Minn. Patient Sues Over Colorado Limits On Aid-In-Dying Care
A new suit by two Colorado doctors and an out-of-state patient challenges a state restriction barring nonresidents from accessing a form of healthcare legalized in Colorado allowing patients to receive a doctor's help in ending their life.
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May 23, 2025
Trade Court Says Wis. Man Can't Sue Over Trump Tariffs
The U.S. Court of International Trade dismissed a Wisconsin resident's case against President Donald Trump's tariffs Friday, holding that the man's allegations of economic injury are too speculative to create standing to sue.
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May 23, 2025
Banking Groups Want SEC To Pull Cyber Disclosure Mandates
A group of banking trade associations has called on the U.S. Securities and Exchange Commission to rescind a Biden-era mandate requiring public companies to disclose certain cybersecurity incidents, arguing it increases companies' risk when they fall victim to cyberattacks.
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May 23, 2025
Judge Extends Block On Trump's Government Layoffs
A California federal judge has extended her block of President Donald Trump's executive order directing layoffs at federal agencies, saying a coalition of unions, nonprofits and cities has shown it is likely to succeed in showing the order exceeded the president's authority.
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May 23, 2025
'NJ Weedman' Says City Hall Protest Is Protected Speech
A Garden State cannabis advocate known as "NJWeedman" urged a New Jersey federal judge to let his First Amendment suit against the mayor of Trenton proceed, arguing the city targeted his pot-themed ventures after he projected a "Batman-like" protest message on City Hall.
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May 23, 2025
DOJ, Boeing Reach Deal To Drop 737 Max Criminal Case
The U.S. Department of Justice said Friday that it won't criminally prosecute Boeing over the deadly 737 Max crashes after reaching a deal that saves the American aerospace giant from being branded a corporate felon in exchange for approximately $1.1 billion in fines, penalties and victims compensation.
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May 23, 2025
Report By Law Prof Filed In Ex-Atty's Bid To Win Back House
A Florida law professor's report filed this week with the state Supreme Court calls a Tampa judge's order taking away an attorney's home "manifestly erroneous," asserting the ruling handed down more than eight years ago was made without determining whether the property had state constitutional protection from creditors.
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May 23, 2025
Service Members' COVID Vax Claims Sent To Military Boards
A Court of Federal Claims judge said an executive order directing the reinstatement of service members discharged over a COVID-19 vaccine mandate warranted sending the claims of 10 people who refused to comply with the mandate to military records boards for consideration.
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May 23, 2025
Groups Look To Block Trump's Monument Fishing Order
Three conservation groups are challenging a Trump administration proclamation that will open up a 400,000-square-mile Hawaiian national marine monument to commercial fishing, saying the president exceeded his Antiquities Act and constitutional authority in doing so.
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May 23, 2025
SoCal Edison To Pay $82.5M Over 2020 Bobcat Fire Costs
Southern California Edison agreed Friday to pay $82.5 million to the federal government to resolve a lawsuit that seeks to recoup costs incurred by the U.S. Forest Service as a result of the devastating 2020 Bobcat Fire, which burned over 100,000 acres, the U.S. Attorney's Office for the Central District of California announced.
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May 23, 2025
Trump Admin Must Restore 'Censored' Harvard Docs' Articles
A Massachusetts federal judge on Friday ordered the U.S. Department of Health and Human Services to restore articles penned by two Harvard Medical School researchers that contained terms like "transgender" and "LGBTQ," calling their removal a "textbook example of viewpoint discrimination."
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May 23, 2025
FTC Probing Alcon's $430M Lensar Deal
The Federal Trade Commission has requested additional information about Swiss eye care company Alcon Inc.'s planned purchase of Florida-based medical technology developer Lensar Inc. in a deal worth up to $430 million.
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May 23, 2025
Senate Dems Bash Spectrum 'Giveaway' In Budget Bill
Key Senate Democrats who oversee telecommunications issues have lambasted House Republicans for "handing over" swaths of radio spectrum to the wireless industry in the sweeping budget reconciliation bill that GOP lawmakers passed Thursday.
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May 23, 2025
Judge Skeptical Of Harm In Recall Of Tribe's Gambling Eligibility
A D.C. federal judge on Friday signaled concerns with the Interior Department's decision to revoke a California tribe's gambling eligibility for a casino-resort project in the Bay Area, but said that the tribe faces an uphill battle in establishing the irreparable harm needed to secure a preliminary injunction.
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May 23, 2025
Judge Strikes Down Trump Order Against Jenner & Block
Jenner & Block LLP on Friday defeated a Trump administration executive order suspending security clearances for its employees in retaliation for its pro bono work and for a former partner's work with former special counsel Robert Mueller.
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May 23, 2025
Chief Justice Pauses DOGE's FOIA Discovery For Now
Chief Justice John Roberts temporarily paused discovery Friday into whether the Department of Government Efficiency is an agency subject to Freedom of Information Act requests, giving the initiative a short reprieve as the U.S. Supreme Court considers DOGE's bid to more fully halt a purported "fishing expedition."
Expert Analysis
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Mergers Face Steeper Slopes In State Antitrust Reviews
The New York Supreme Court's recent summary judgment in New York v. Intermountain Management, blocking the acquisition and shuttering of a ski mountain in the Syracuse area, underscores the growing trend among state antitrust enforcers to scrutinize and challenge anticompetitive conduct under state laws, say attorneys at Robins Kaplan.
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Opinion
The IRS Shouldn't Go To War Over Harvard's Tax Exemption
If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.
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Balancing Deep-Sea Mining Executive Order, Int'l Agreements
President Donald Trump's recent executive order directing exploration and exploitation of deep-sea mineral resources appears to conflict with the evolving international framework regulating such activities, so companies and investors should proceed with care and keep possible future legal challenges in mind, say attorneys at Dentons.
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CFTC Memos Clarify When 'Sorry' Still Gets You Subpoenaed
A pair of Commodity Futures Trading Commission advisories released in February and April open a new path to self-reporting but emphasize that serious breaches still warrant a trip to the penalty box, prompting firms to weigh whether — and how — to disclose potential violations in the future, say attorneys at Pryor Cashman.
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Parsing The SEC's New Increased Co-Investment Flexibility
The U.S. Securities and Exchange Commission's new co-investment exemptive orders simplify processes and reduce barriers for regulated funds — and rulemaking may evolve further to allow investors access to additional investment opportunities and increase available capital for issuers seeking to raise money from fund complexes, say attorneys at Simpson Thacher.
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Cos. Must Assess And Prepare For Cartel-Related FCPA Risks
Given the Trump administration’s strong signaling that it will focus on drug cartels and transnational criminal organizations when it resumes Foreign Corrupt Practices Act enforcement, global businesses should refresh their risk assessments and conduct enhanced due diligence to account for these shifting priorities, say attorneys at Morgan Lewis.
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State AGs Shape Regulatory Dynamic In Trump's 1st 100 Days
With President Donald Trump's promised rollback of long-standing federal regulations and enforcement actions just beginning, alongside a flurry of executive orders, what state attorneys general do now will influence the complex state-federal regulatory landscape for years to come, say attorneys at Cozen O'Connor.
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Opinion
New Hospice Regulations Should Enforce Core Principles
As the U.S. Department of Health and Human Services' Office of Inspector General prepares to research and expand on oversight of Medicare hospice care, the OIG should keep in mind certain core principles, such as an emphasis on preventing the entry of hospices that raise red flags, says Bill Dombi at Arnall Golden.
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AT&T Decision May Establish Framework To Block FCC Fines
The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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What Banks Should Note As Regulators Plan To Nix CRA Rule
While federal bank regulators’ recently announced intent to rescind a Biden-era Community Reinvestment Act final rule will loosen the framework for evaluating banks’ lending, service and investing activities, the decision means industry innovations and changes will remain unaddressed, say attorneys at Alston & Bird.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Adapting To PTAB's Reembracing Of Discretionary Denials
Recent guidance from the U.S. Patent and Trademark Office marks a swing back toward procedural discretion in Patent Trial and Appeal Board trial institution decisions, bringing unpredictability but also opportunities for drafting petitions, and making and responding to discretionary denial arguments, says Taylor Stemler at Merchant & Gould.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.