Public Policy

  • May 21, 2025

    'DIY' Rape Kit Ban Challenge Seems To Leave 9th Circ. Split

    A Ninth Circuit panel appeared divided Wednesday over a company's appeal in its case challenging Washington state's ban on self-administered DNA collection kits for sexual assault survivors, with one judge remarking the product "doesn't do a whole heck of a lot" if the evidence isn't admissible in court.  

  • May 21, 2025

    FTC Urges 8th Circ. Not To Pause In-House PBM Case

    The Eighth Circuit should once again say no to a request to pause the Federal Trade Commission's in-house case accusing three pharmacy benefit managers of hiking up the price of insulin to line their own pockets, the agency has told the appellate court.

  • May 21, 2025

    The Status Of Biden-Era Immigration Suits: A Roundup

    Following the presidential transition, the U.S. Department of Justice moved to dismiss suits brought by the Biden administration challenging state immigration enforcement measures in Texas, Iowa and Oklahoma, leaving the status of those cases up in the air.

  • May 21, 2025

    CFTC Member Says Enforcement Needs More Transparency

    The U.S. Commodity Futures Trading Commission's Christy Goldsmith Romero on Wednesday called on the agency to be more transparent about its enforcement decisions, while laying out the factors she weighs in crediting firms for self-reporting and cooperation.

  • May 21, 2025

    Wyden Urges Sens. To Switch Carriers Over Privacy Risks

    AT&T, Verizon and T-Mobile failed to put in place systems notifying senators about government surveillance requests, despite being contractually required to, Sen. Ron Wyden, D-Ore., told his colleagues Wednesday, urging them in a letter to "seriously consider" switching mobile carriers for personal and campaign phones.

  • May 21, 2025

    House Panel Advances Bills Easing Securities, Banking Regs

    The U.S. House of Representatives Financial Services Committee this week approved 25 bills largely aimed at reducing capital markets and banking regulations, moving the deregulatory proposals forward for consideration by the full House.

  • May 21, 2025

    Squires Talks Fortress, PTAB Invalidations In Senate Hearing

    The Trump administration's nominee for U.S. Patent and Trademark Office director had his moment before the Senate Judiciary Committee on Wednesday, where he downplayed his controversial connections to litigation finance giant Fortress Investment Group and raised concerns that too many bad patents were being issued.

  • May 21, 2025

    Verizon Looks To Break Free Of TracFone Unlocking Condition

    Verizon is once again asking the Federal Communications Commission to let it out of a condition from its takeover of TracFone requiring the carrier to unlock its mobile phones after 60 days.

  • May 21, 2025

    SC Judge Restores Frozen Federal Grant Funding

    A South Carolina federal judge ordered the Trump administration to restore 32 grants funded by the Inflation Reduction Act and the Infrastructure Investment and Jobs Act after the government said it wasn't contesting the merits of the grant recipients' claims.

  • May 21, 2025

    Judge Mulls National Scope Of Bid To Restore COVID Grants

    A Washington, D.C., federal judge Wednesday mulled whether it would be appropriate to issue a nationwide injunction blocking the termination of $11 billion public health grants set aside under COVID-era laws in a lawsuit brought by four local governments and a public sector union.

  • May 21, 2025

    News Orgs Not Entitled To Abrego Garcia Files, Feds Say

    The U.S. Department of Justice told a Maryland federal judge that more than a dozen news organizations looking to unseal records in litigation challenging the removal of Kilmar Abrego Garcia to El Salvador have no right to access sensitive discovery materials.

  • May 21, 2025

    Ex-Con's Gun Case Can't Overcome Immunity, Feds Say

    The FBI and the Bureau of Alcohol Tobacco, Firearms and Explosives cannot be the targets of a lawsuit filed by a man who claims he was wrongly denied a firearm purchase despite his four-decades-old marijuana felony being expunged, the government argued, telling a Kansas federal court that both agencies have sovereign immunity on the matter.

  • May 21, 2025

    Gold Mine Risks Alaska Preserve And Whales, Tribe Claims

    An Alaskan tribe and environmental groups have filed suit against the U.S. Army Corps of Engineers seeking to stop a mining company from expanding gold operations, activity that would contaminate the waterways near a national park and harm the endangered beluga whale population.

  • May 21, 2025

    Title Insurance Co. Fights Treasury All-Cash Resi Deals Rule

    A title insurance company and a subsidiary have filed suit in Florida federal court challenging new reporting requirements for all-cash real estate closings, saying the rule exceeds the U.S. Department of the Treasury's Financial Crimes Enforcement Network's authority.

  • May 21, 2025

    Okla. Judge Reaffirms Block Of State Immigration Law

    An Oklahoma federal judge entered a two-week block on an Oklahoma law that makes it a crime for unauthorized immigrants to live in the state, reaffirming a prior ruling that the state law was likely unconstitutional.

  • May 21, 2025

    GOP FTC Renews Calls For Orange Book Patent Delistings

    The now-Republican controlled Federal Trade Commission again called on Teva, Novartis, Mylan and other drugmakers to remove patents from a key federal database that partially insulates their drugs from generic competition, arguing Wednesday the patents cover "devices," not drugs, and thus don't warrant such protection.

  • May 21, 2025

    Wash. Gov. Signs Budget With New And Higher Taxes

    Washington's governor signed a two-year $78 billion state budget that closed a $16 billion shortfall in part by raising and increasing taxes, ending weeks of speculation over whether he'd agree with his fellow Democrats in the state Legislature that a tax package was needed.

  • 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.

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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