Public Policy

  • May 19, 2025

    Vape Makers, Sellers Want NC E-Cigarette Law Stayed For Suit

    A group of vaping industry entities including a trade group, electronic cigarette makers and sellers urged a North Carolina federal judge to temporarily block enforcement of a new state regulation of their market while they pursue their challenge to the statute, which they argued is preempted by federal law.

  • May 19, 2025

    Justices Decline Fireworks Co.'s Challenge To CPSC Notices

    The U.S. Supreme Court on Monday declined to review a firework importer's challenge to U.S. Consumer Product Safety Commission notices that said the products violated federal standards, leaving in place a Fourth Circuit decision that informal agency notices are not final actions under the Administrative Procedure Act.

  • May 16, 2025

    DC Circ. Judges Skeptical Of Blockade On CFPB Mass Layoffs

    A D.C. Circuit panel majority Friday sounded inclined to lift lower court restrictions on what the Trump administration contends is its lawful push to "radically downsize" the Consumer Financial Protection Bureau, potentially clearing the way for mass layoffs of its staff.

  • May 16, 2025

    9th Circ. Revives Nicaraguan Family's Asylum Bid

    A split Ninth Circuit panel on Friday revived a Nicaraguan family's bid for deportation relief, saying an immigration judge improperly handled their claims of persecution stemming from a mother's participation in a 2018 march protesting the country's Ortega regime.

  • May 16, 2025

    Florida Wrongly Took Unclaimed Funds, 11th Circ. Rules

    The Eleventh Circuit on Friday revived a Florida couple's proposed class action over unclaimed property, vacating a lower court's judgment that a $26.24 insurance premium refund they were owed was assumed to be abandoned before it was transferred into state custody.

  • May 16, 2025

    No 'Magic Words' Needed To Sue KKR For Hiding Deals, DOJ Says

    KKR is trying to duck a U.S. Department of Justice lawsuit seeking fines that could top $650 million, by reading standards for seeking penalties that are not there, the government said Thursday, defending claims that the private equity giant failed to notify two mergers and deleted key documentation from notifications.

  • May 16, 2025

    FINRA Faces Calls To Narrow Its Outside Biz Rule Revamp

    The Financial Industry Regulatory Authority has received a range of feedback on its proposal to streamline reporting requirements for firm representatives' outside business activities, with industry groups urging various tweaks to the measure, and a state regulator and investment adviser group opposing it outright.

  • May 16, 2025

    FCC Taking Steps To Expand Use Of 12 GHz, 42 GHz Bands

    When the Federal Communications Commission gets together Thursday for their next monthly open meeting, they plan to get the ball rolling on a rulemaking to figure out ways the 12.7 GHz and 42 GHz bands "could be used more intensively by satellite communications."

  • May 16, 2025

    Feds Defend Oneida Nation's 500-Acre Land Trust Decisions

    The Interior Department says a Wisconsin town's bid to vacate decisions to take 500 acres into trust for the Oneida Nation is meritless, telling a federal court that the municipality fails to meet its Administrative Procedure Act burden to show any bias stemming from the agreement.

  • May 16, 2025

    Fla. Gov. Says He Will Veto Bill To Expand Death Damages

    Florida Gov. Ron DeSantis has said he will veto a bill recently passed by Florida lawmakers to repeal a statute limiting pain-and-suffering damages in fatal medical malpractice cases, saying a veto will prevent a flood of lawsuits against healthcare providers.

  • May 16, 2025

    CFTC May Be Hobbled As Another Member Announces Exit

    The U.S. Commodity Futures Trading Commission's Christy Goldsmith Romero announced Friday that she will be stepping down as commissioner at the end of the month, potentially leaving the agency struggling to move forward with only two members as it awaits congressional action on President Donald Trump's nominee for chair.

  • May 16, 2025

    DOJ's Privilege Claim Questioned In Abrego Garcia Case

    A Maryland federal judge said Friday that the Trump administration had provided scant explanation for invoking state secrets privilege to shield information in litigation challenging the removal of Kilmar Abrego Garcia to El Salvador.

  • May 16, 2025

    Tesla Tells Justices Challenge To La. Sale Ban Should Stand

    Tesla Inc. has asked the U.S. Supreme Court to reject a petition from Louisiana regulators seeking review of its case targeting the state's ban on direct sales by automakers, saying the regulators are in fact competitors who view Tesla's business model as an existential threat.

  • May 16, 2025

    SEC's Atkins Previews Possible Changes To CEO Pay Rules

    U.S. Securities and Exchange Commission Chair Paul Atkins announced Friday the agency plans to review rules requiring public companies to report the earnings of CEOs and other high-level executives, highlighting a possible area of regulatory change for the now Republican-led commission.

  • May 16, 2025

    Green Group Says Trump Admin Stalling On Logging Records

    Federal agencies are dragging their feet in response to requests for information related to how they are implementing President Donald Trump's executive order to expand logging projects in the U.S., a lawsuit filed Friday in D.C. federal court says.

  • May 16, 2025

    HHS Says Pain Clinic's Delay Hurts $11M Bill Challenge

    The U.S. Department of Health and Human Services on Friday fought a pain clinic's bid in North Carolina federal court for a pretrial win in the clinic's suit challenging $11 million in overpayments for urine drug screening tests, saying the clinic waited too long to bring evidence that the testing was justified.

  • May 16, 2025

    Oakland Cops Denied Immunity In Deadly High-Speed Chase

    The Ninth Circuit ruled Friday that two Oakland police officers violated the rights of innocent bystanders and are not entitled to qualified immunity following a high-speed pursuit that left one person dead and several others injured.

  • May 16, 2025

    FCC Aims To Push China Out Of Telecom Certification Process

    The Federal Communications Commission has announced its plan to ban Chinese test labs and telecommunications certification bodies from being used on devices destined for the United States, and industry stakeholders have opinions on whether they think that's a good idea.

  • May 16, 2025

    Trump Calls On Justices To Stay Block Of Gov't Restructuring

    President Donald Trump asked the U.S. Supreme Court on Friday to pause a California federal judge's order temporarily halting agencies from implementing an executive order to plan reorganizations and reductions in force, claiming the lower court's decision has caused confusion and wasted taxpayer dollars.

  • May 16, 2025

    Live Nation Denies Colluding Over Pandemic Response

    Live Nation denied any wrongdoing while appearing to acknowledge a U.S. Department of Justice criminal probe into potential collusion with fellow ticketing and entertainment company Anschutz Entertainment Group Inc. in their response to the COVID-19 pandemic.

  • May 16, 2025

    11th Circ. Troubled By Feds' Reversal On ALJ Removal Law

    Eleventh Circuit arguments on whether Walmart Inc. must face an administrative law judge over alleged immigration recordkeeping violations were derailed Friday by the court's concerns about the Trump administration's decision to no longer defend the statute protecting such judges from removal by the executive branch.

  • May 16, 2025

    DC Circ. Probes Agency Power In Labor Firings Appeal

    A D.C. Circuit panel grappled Friday with the extent of the president's power to fire federal officials with the U.S. Supreme Court's views in flux, with two judges straining to pin the government's attorney down on what divides agencies Congress can insulate and those it can't.

  • May 16, 2025

    Mich. Judge Gives Final OK To $55M Pandemic Aid Deal

    A Michigan state judge has granted final approval to a $55 million settlement between the Michigan Unemployment Insurance Agency and people who allege their benefits were improperly clawed back without notice during the pandemic.

  • May 16, 2025

    DHS Illegally Freezing Counterterrorism Funds, Chicago Says

    The U.S. Department of Homeland Security has unconstitutionally frozen funding from a federal program intended to aid counterterrorism efforts by refusing preapproved reimbursement claims, the city of Chicago said Friday in a federal suit looking to force repayment.

  • May 16, 2025

    Despite US-China Tariff Pause, Business Pressures Persist

    U.S. importers dodged an effective ban on Chinese imports for now following the U.S. and China suspending higher tariff rates, but companies still foresee higher prices and supply-chain disruptions that will continue to stoke economic anxiety.

Expert Analysis

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • DOJ Immigration Playbook May Take Cues From A 2017 Case

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    A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.

  • Paul Atkins' Past Speeches Offer A Glimpse Into SEC's Future

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    Following Paul Atkins' Thursday Senate confirmation hearing, a look at his public remarks while serving as a commissioner at the U.S. Securities and Exchange Commission between 2002 and 2008 reveals eight possible structural and procedural changes the SEC may see once he likely takes over as chair, say attorneys at Covington.

  • McKernan-Led CFPB May Lead To Decentralized Enforcement

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    Though Jonathan McKernan’s confirmation as director would likely mean a less active Consumer Financial Protection Bureau, the decreased federal oversight could lead to more state-led investigations, multistate regulatory actions and private lawsuits under consumer protection laws, says Jonathan Pompan at Venable.

  • How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes

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    Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.

  • Include State And Local Enforcers In Cartel Risk Evaluations

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    Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • How Del. Supreme Court, Legislature Have Clarified 'Control'

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    The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.

  • Service By Token Is Transforming Crypto Litigation Landscape

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    As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.

  • What To Expect For Stem Cell Regulation Under Trump Admin

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    The new administration's push for deregulation, plus the post-Chevron legal landscape, and momentum from key political and industry players to facilitate stem cell innovation may create an opportune backdrop for a significant reduction in the U.S. Food and Drug Administration's regulatory framework for stem cells, say attorneys at Sheppard Mullin.

  • Rebuttal

    6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • Executive Orders Paving Way For New Era Of Crypto Banking

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    Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.

  • Opinion

    After Fires, Calif. Must Streamline Enviro Reviews For Housing

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    Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.

  • How Calif. Algorithmic Pricing Bills Could Affect Consumers

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    California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.

  • Jurisdiction Argument In USAID Dissent Is Up For Debate

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    A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.

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