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Public Policy
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October 06, 2025
3rd Circ. Rejects Novo Nordisk's Medicare Pricing Challenge
The Third Circuit on Monday shot down another challenge to the Medicare drug price negotiation program, denying claims by pharmaceutical giant Novo Nordisk that Congress illegally delegated too much authority to the executive branch.
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October 06, 2025
High Court Ends Challenge To Wash. Tribal Gaming Compacts
The Supreme Court won't hear a casino owner and operator's petition to overturn a Ninth Circuit order over the validity of Washington state tribal gaming compacts, with the operator arguing that the sovereignty case implicates an acknowledged conflict about the interplay of the Administrative Procedure Act.
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October 06, 2025
Grassley Probes Judges' Possible AI Use In Faulty Rulings
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, pressed two federal judges on Monday about their possible use of artificial intelligence in court orders that contained a multitude of errors.
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October 06, 2025
Ed Dept. Used Worker Emails For Shutdown Politics, Suit Says
The U.S. Department of Education violated its workers' freedom of speech by altering their out-of-office email messages to blame the government shutdown on Democrats, the workers' union claimed in a complaint filed in Washington, D.C., federal court.
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October 06, 2025
Trump Names Investigator Of Russia Probe As DOJ Acting IG
The White House has tapped an experienced government attorney who investigated the FBI's probe into President Donald Trump's links with Russia to be the U.S. Department of Justice's acting inspector general, according to a notification sent to Congress.
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October 06, 2025
NC Chamber Says AG Overstepping In DuPont Pollution Suit
The North Carolina Chamber has urged the state's top court to review a forever chemical contamination suit against two DuPont spinoffs, saying state Attorney General Jeff Jackson is "driving far outside of his lane" by continuing to press forward with the case.
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October 06, 2025
More Time Needed To Replace DA On Trump Case, Judge Told
The Georgia agency tasked with appointing a new prosecutor to oversee the election interference case against President Donald Trump told a state court judge Monday it needs more time to name a successor than the 14 days the judge said he'll allow before he throws the case out.
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October 06, 2025
Social Security Chief Adds Duties As Inaugural CEO Of IRS
The current administrator of the Social Security Administration is adding a new role as the Internal Revenue Service's first chief executive officer, Treasury Secretary Scott Bessent announced Monday.
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October 06, 2025
FirstEnergy Pushes Justices To Restore FERC Grid Incentive
FirstEnergy Corp. has said electricity markets would be roiled by uncertainty if the U.S. Supreme Court doesn't undo the Federal Energy Regulatory Commission's revocation of an incentive for power companies that are required to be members of a regional transmission organization.
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October 06, 2025
Justices Won't Review 5th Circ. Ending ACA Trans Policy Suit
The U.S. Supreme Court on Monday declined to review the Fifth Circuit's decision to shut down a challenge to a Biden-era interpretation of the Affordable Care Act's nondiscrimination-in-healthcare policy as also protecting against gender identity bias, which an appellate panel told a Texas court to dismiss in December.
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October 06, 2025
ICE Ordered To Halt Plan To Send Teens To Adult Facilities
A D.C. federal judge has ordered the Trump administration to halt an allegedly unlawful U.S. Immigration and Customs Enforcement plan to transfer unaccompanied immigrant youths to adult detention facilities as soon as they turn 18 years old.
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October 06, 2025
Justices Won't Revisit Apache Land Exchange Dispute
The U.S. Supreme Court won't reconsider its decision to deny an Apache nonprofit's petition that looked to block the transfer of nearly 2,500 acres to a copper mining company it said would destroy an ancient Indigenous worship site.
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October 06, 2025
High Court Skips Review Of ERISA Liability For DuPont Heirs
The U.S. Supreme Court has declined to consider whether DuPont heirs should be held liable for alleged Employee Retirement Income Security Act violations for inadequately funding a now-insolvent trust established in 1947 by their grandmother to pay them and their workers retirement benefits.
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October 06, 2025
Justices Skip Pa. GOP Challenge To Biden's Voting Order
The U.S. Supreme Court on Monday declined to take on Pennsylvania GOP lawmakers' challenge to former President Joe Biden's executive order expanding "get-out-the-vote" information, letting stand a ruling that the Republican politicians did not have standing to sue over the order.
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October 06, 2025
Justices Deny SEC Whistleblower Award Calculation Appeal
The U.S. Supreme Court on Monday declined to take up two whistleblowers' case alleging the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, after the pair argued the agency improperly and retroactively applied a rule amendment to dilute their awards.
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October 06, 2025
Supreme Court Declines To Revisit McGirt Tribal Jurisdiction
The U.S. Supreme Court declined to hear a Cherokee Nation member's challenge to his conviction over a speeding ticket issued by Tulsa, Oklahoma, police on Creek land that he argues runs afoul of the court's 2020 landmark decision holding that only federal and tribal governments can prosecute Native Americans on tribal lands.
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October 06, 2025
High Court Turns Down 6 Patent Cases At Start Of Term
The U.S. Supreme Court on Monday rejected six petitions in patent-related cases, taking some of its first actions on intellectual property matters this term.
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October 06, 2025
High Court Won't Take Up NY Tribal Eel Fishing Regs Dispute
The U.S. Supreme Court won't take up a Long Island tribe's petition that looks to undo a Second Circuit order that rejected its challenge to New York's regulations on eel fishing harvests, which argued that if the decision is upheld, it would give district courts gatekeeping roles on expert testimony.
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October 06, 2025
Justices Skip Fight Over NJ Healthcare Worker Vax Mandate
The U.S. Supreme Court said Monday it won't review the challenge by four New Jersey nurses to New Jersey Gov. Phil Murphy's executive orders in the first three months of 2022 mandating a COVID-19 vaccine booster for healthcare workers.
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October 06, 2025
Supreme Court Rejects Wash. State Climate Law Challenge
The U.S. Supreme Court on Monday rejected Ohio-based Invenergy Thermal LLC's challenge to Washington state's Climate Commitment Act, which the company alleged illegally favors in-state power providers.
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October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy
The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.
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October 03, 2025
1st Circ. Keeps Block On Trump's Birthright Citizenship Order
The First Circuit on Friday upheld blocks on President Donald Trump's executive order aiming to limit birthright citizenship, ruling in a sweeping 100-page opinion that the president's order is likely unconstitutional.
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October 03, 2025
Trump Election Case Could Be Axed Without New Prosecutor
A Georgia state judge on Friday said a new prosecutor must be appointed within two weeks in Fulton County's 2020 election interference case against President Donald Trump and his co-defendants or the case will be dismissed.
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October 03, 2025
Google Ad Tech Judge: 'We Don't Know' Breakup Buyer
A Virginia federal judge questioned Friday whether the breakup of Google's advertising placement technology business sought by the U.S. Department of Justice would benefit website publishers as a government witness asserted.
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October 03, 2025
Calif. Gov. Newsom Inks Bill To Let Lyft, Uber Drivers Unionize
California Gov. Gavin Newsom on Oct. 3 signed into law legislation giving gig drivers the right to unionize and negotiate certain job terms and conditions, after state leaders reached a deal with Uber and Lyft to facilitate its passage.
Expert Analysis
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How Community Banks Can Limit Overdraft Class Action Risk
With community banks increasingly confronted with class actions claiming deceptive overdraft fees, local institutions should consider proactively revising their customer policies and agreements to limit their odds of facing costly and complicated consumer litigation, say attorneys at Jones Walker.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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How States Are Regulating Health Insurers' AI Usage
The absence of a federal artificial intelligence framework positions states as key regulators of health insurers’ AI use, making it important for payors and service providers to understand the range of state AI legislation being passed in California and elsewhere, and consider implementing an AI-focused compliance infrastructure, say attorneys at Ropes & Gray.
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How To Navigate NYC's Stricter New Prenatal Leave Rules
On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.
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HHS Plan To Cut Immigrant Benefits Spurs Provider Questions
A recent notice from the U.S. Department of Health and Human Services identifying new federal public benefit programs for which nonqualified aliens are not eligible may have a major impact on entities that participate in these programs — but many questions remain unanswered, say attorneys at Foley.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Strategies For ICE Agent Misconduct Suits In The 11th Circ.
Attorneys have numerous pathways to pursue misconduct claims against U.S. Immigration and Customs Enforcement agents in the Eleventh Circuit, and they need not wait for the court to correct its misinterpretation of a Federal Tort Claims Act exception, says Lauren Bonds at the National Police Accountability Project.
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Opinion
SEC Should Restore Its 2020 Proxy Adviser Rule
Due to concerns over proxy advisers' accuracy, reliability and transparency, the U.S. Securities and Exchange Commission should reinstate its 2020 rule designed to suppress the influence that they wield in shareholder voting, says Kyle Isakower at the American Council for Capital Formation.
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DOJ Consumer Branch's End Leaves FDA Litigation Questions
With the dissolution of the U.S. Department of Justice's Consumer Protection Branch set to occur by Sept. 30, companies must carefully monitor how responsibility is reallocated for civil and criminal enforcement cases related to products regulated by the U.S. Food and Drug Administration, say attorneys at Foley & Lardner.
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Surveying The Changing Overdraft Fee Landscape
Despite recent federal moves that undermine consumer overdraft fee protections, last year’s increase in fee charges suggests banks will face continued scrutiny via litigation and state regulation, says Amanda Kurzendoerfer at Bates White.
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Handling Sanctions Risk Cartel Control Brings To Mexico Port
Companies operating in or trading with Mexico should take steps to mitigate heightened exposure triggered by routine port transactions following the U.S. Treasury’s recent unequivocal statement that a foreign terrorist organization controls the port of Manzanillo, says Jeremy Paner at Hughes Hubbard.
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The Road Ahead For Digital Assets Looks Promising
With new legislation expected to accelerate the adoption of blockchain technology, and with regulators taking a markedly more permissive approach to digital assets, the convergence of traditional finance and decentralized finance is closer than ever, say attorneys at Dechert.
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Asbestos Trusts And Tort Litigation Are Still Not Aligned
A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.
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Opinion
Closing The Chemical Safety Board Is A Mistake
The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.
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The Evolving Legal Landscape For THC-Infused Beverages
A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.