Public Policy

  • December 09, 2025

    11th Circ. Weighs Immunity In Fla. Excessive Force Case

    Four Miami-area police officers urged the Eleventh Circuit on Tuesday to grant qualified immunity in a lawsuit accusing them of excessive force, arguing their level of physical control was necessary to restrain a teenager displaying extraordinary strength during a mental health breakdown. 

  • December 09, 2025

    Mich. Judge Tosses RICO, Nuisance Claims In Pot Co. Row

    A Michigan federal judge on Tuesday dismissed a state regulator and a marijuana company from a couple's lawsuit, finding that the plaintiffs' nuisance allegations are best left up to state courts and the couple has no right to try to halt the business's growing operations under the Racketeer Influenced and Corrupt Organizations Act.

  • December 09, 2025

    USPTO Assignor Estoppel Denials Flout Law, Fed. Circ. Told

    Cloud database company Tessell Inc. has told the Federal Circuit that the U.S. Patent and Trademark Office is violating the court's clear precedent by refusing to review patents when the challengers include the named inventors.

  • December 09, 2025

    Alaska And Juul Settle Vape Youth Suit For $5.8M

    Juul Labs Inc. has agreed to pay $5.8 million to end claims it targeted young people in Alaska, according to an agreement the state and company signed that requires Juul to adhere to strict marketing and age-verification rules.

  • December 09, 2025

    DOJ Says It Could Indict Comey Again

    The U.S. Department of Justice on Tuesday said it may once again seek charges against ex-FBI Director James Comey, asking a D.C. federal judge to dissolve a temporary restraining order that bars prosecutors from using evidence seized from Comey's former attorney.

  • December 09, 2025

    FERC's Fate Uncertain As Humphrey's Executor Teeters

    The future of the Federal Energy Regulatory Commission may hinge on whether the U.S. Supreme Court will remake its 90-year-old precedent that protects members of independent agencies from being fired at will by the president.

  • December 09, 2025

    OFAC Inks $1M Russian Sanctions Deal With Ex-Gov't Official

    The U.S. Treasury's Office of Foreign Assets Control announced Tuesday that an unidentified attorney and former government official has agreed to pay more than $1 million to settle allegations the individual violated Russian sanctions by acting as a fiduciary for the family trust of a blocked Russian oligarch.

  • December 09, 2025

    GOP, Dems Spar At High Court On Party Spending Caps

    The U.S. Supreme Court on Tuesday considered the constitutionality of caps on how much money political parties can spend directly on candidates' campaigns, in a case that pitted the nation's major political camps against one another.

  • December 09, 2025

    DC Circ. Questions Lack Of Warning In Expedited Removals

    A three-judge D.C. Circuit panel appeared split Tuesday over whether unauthorized immigrants need notice of their due process rights when facing expedited removal.

  • December 09, 2025

    Conn. Barred From Taking Action Against Kalshi For Now

    A Connecticut federal judge has ordered the state to refrain from taking enforcement action against KalshiEX LLC, while the derivatives exchange's preliminary injunction motion is pending, in a suit seeking to prevent the Connecticut Department of Consumer Protection from directing Kalshi to cease operations within the state.

  • December 09, 2025

    NJ Slams Town's Bid To 'Unilaterally Rewrite' PFAS Deal

    New Jersey has slammed a bid by Carneys Point Township to intervene in the state's federal suit against Chemours and other companies over PFAS contamination, saying the township shouldn't be allowed to "rewrite" the terms of the deal.

  • December 09, 2025

    FTC Wants Watchdog Retaliation Suits Before Different Judges

    The Federal Trade Commission urged a D.C. federal judge Tuesday to unassign herself from an antidisinformation nonprofit's lawsuit challenging a subpoena allegedly served in retribution for listing conservative outlets as top disinformation risks, arguing the case has nothing to do with a similar one the judge is already presiding over.

  • December 09, 2025

    Senate Confirms 3 Judges For La., Miss.

    The U.S. Senate confirmed three judicial nominees Tuesday for federal courts in Louisiana and Mississippi.

  • December 09, 2025

    Kiss' Gene Simmons Sings Praises Of Radio Pay Bill

    U.S. lawmakers are revisiting an effort to get FM and AM radio broadcasters to pay artists when playing their music, with key members of a Senate subcommittee speaking at a hearing Tuesday in favor of a measure that also garnered enthusiastic support from Kiss singer Gene Simmons.

  • December 09, 2025

    Generic-Drug Group Backs House Bill On Skinny Labels

    An industry group representing the generic and biosimilar drug manufacturing sector has applauded the introduction of a U.S. House of Representatives bill titled The Skinny Labels, Big Savings Act, saying it will reduce prices across healthcare.

  • December 09, 2025

    Pa. Justices Affirm County's Loss Over Election Inspections

    Pennsylvania's Supreme Court on Tuesday upheld a ruling that the state's top election official could order voting machines to be yanked from service, closing one chapter on the tome of litigation that followed Fulton County's third-party inspection of its Dominion Voting Systems machines after the 2020 election.

  • December 09, 2025

    DOJ Defends Mandatory Immigration Detention In Class Suit

    The Trump administration defended its decision to subject unauthorized immigrants to mandatory detention during removal proceedings, telling a Colorado federal judge a conditionally certified class of detained noncitizens challenging the policy isn't entitled to a judgment declaring it unlawful.

  • December 09, 2025

    Conn. Seems Open To Limits On Drug Price Cap Enforcement

    The state of Connecticut suggested Tuesday that drug sales to the state were not the same as drug sales "in this state" as defined by state law, a stance drug manufacturers promised to leverage in their efforts to block an impending drug price cap.

  • December 09, 2025

    Cannabis Stores Can't Sue Under RICO, 9th Circ. Rules

    The Ninth Circuit on Tuesday backed a federal judge in tossing racketeering claims brought against a California city by a group of companies facing more than $5 million in local government fees under a contract to allow construction of six cannabis cultivation facilities.

  • December 09, 2025

    Philly Cops Say OT Suit Should Go To Trial

    An overtime suit against the city of Philadelphia, its police department and some of the department's leaders should continue on to trial because qualified immunity doesn't apply and many questions remain unanswered, two ranking officers told a federal court.

  • December 09, 2025

    Republican FCC Commish Signals More 'Delete' Reg Actions

    A Republican member of the Federal Communications Commission said Tuesday the agency is looking at even more ways to reduce clutter on the telecom regulatory landscape.

  • December 09, 2025

    4th Circ. Probes Limit Of HIV-Positive Military Hopefuls' Suit

    A federal appellate judge on Tuesday repeatedly pressed an attorney representing people who were denied admission to the U.S. military due to an HIV diagnosis, asking him to explain why his argument wouldn't force the U.S. Department of Defense to accept anyone with a medically controlled, chronic condition.

  • December 09, 2025

    Justices Told To Not Review Who Can Protest Gov't Contracts

    A company selected for a $376.4 million military contract urged the U.S. Supreme Court to not disturb the Federal Circuit's decades-old statutory interpretation that an "interested party" in procurement disputes is restricted to actual or prospective bidders.

  • December 09, 2025

    Judge Says Betting Case No 'Slam Dunk' For Kalshi Or Mass.

    A Massachusetts judge said Tuesday he's unlikely to decide before January whether state gambling regulators can pursue claims that prediction market operator KalshiEX is flouting sports betting laws, and if so, whether he should grant the state's request for an injunction.

  • December 09, 2025

    CFPB Eyes 'Interim' Open Banking Rule As Funds Run Low

    The Consumer Financial Protection Bureau said it plans to issue an "interim final" revamp of its open banking rule now that its funding is on the verge of running out, the latest move by the agency to prepare for a possible shutdown in the coming weeks.

Expert Analysis

  • How Litigating Antitrust Fix Helped GTCR Prevail In Court

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    An Illinois federal judge's recent denial of the Federal Trade Commission's injunction request in the GTCR acquisition of Surmodics joins a developing series of cases in which deal parties have prevailed against government antitrust challenges by proposing a post-complaint fix and litigating the as-amended deal, say attorneys at Paul Weiss.

  • What Narrower FinCEN Reporting Spells For Industry

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    As compliance costs soar, the potential slimming down of the Financial Crimes Enforcement Network's anti-money laundering and countering the financing of terrorism regime is welcome news for banks, and would allow a shift in resources to ever-evolving cybercrime threats, say attorneys at Quarles & Brady.

  • Revisiting Jury Trial Right May Upend State Regulatory Power

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    Justice Neil Gorsuch’s recent use of a denial of certiorari to call for the U.S. Supreme Court to revisit whether the Seventh Amendment jury trial right extends to states, building off last year's Jarkesy ruling, could foretell a profound change in state regulators' ability to enforce penalties against regulated companies, say attorneys at Sidley.

  • How Nasdaq, SEC Proposals May Transform Listing Standards

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    Both Nasdaq and the U.S. Securities and Exchange Commission have increasingly focused their recent regulatory efforts on small and foreign issuers, particularly those from China, reflecting an intention to strengthen the overall quality of companies accessing U.S. markets, but also potentially introducing a chilling effect on certain issuers, say attorneys at Norton Rose.

  • New NCAA Betting Policy Fits Trend Of Eased Restrictions

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    Allowing NCAA student-athletes to bet on professional sports fits into a decade-long trend of treating college athletes more like adults in a commercial system, but decreasing player restrictions translates to increased compliance burdens for schools, say attorneys at Robins Kaplan.

  • Series

    Building With Lego Makes Me A Better Lawyer

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    Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.

  • How Banks Can Safely Handle Payments For Gambling Biz

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    As the betting market continues to expand, it's crucial for banks and fintechs to track historical developments in wagering and ongoing prediction markets litigation that can factor into a risk analysis for payment processing with respect to gambling operators, says Laura D'Angelo at Jones Walker.

  • Wading Into NY Wetland Regs' 2025 Changes And Challenges

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    Solar developers in New York should keep a weather eye on litigation challenging the New York Department of Environmental Conservation’s recently expanded authority to regulate wetlands and waterways, which could erode the impact of a new permitting process meant to streamline solar development on protected wetlands, say attorneys at Foley Hoag.

  • Series

    Law School's Missed Lessons: Networking 101

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    Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.

  • Defeating Estoppel-Based Claims In Legal Malpractice Actions

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    State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.

  • Takeaways As Justices Let 5th Circ. Pollution Ruling Stand

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    The U.S. Supreme Court's recent certiorari denial leaves intact a Fifth Circuit ruling that environmental justice organizations have standing to pursue a civil rights challenge to a parish's land-use practice, underscoring the importance of local governments proactively engaging with communities to address cumulative impacts of development, say attorneys at ArentFox Schiff.

  • AI's Role In Google Antitrust Suit May Reshape Tech Markets

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    The evolution of AI in retail has reshaped the U.S.' antitrust case against Google, which could both benefit small business innovators and consumers, and fundamentally alter future antitrust cases, including the Federal Trade Commission's lawsuit against Amazon, says Graham Dufault at ACT.

  • Series

    The Biz Court Digest: How It Works In Massachusetts

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    Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.

  • Next Steps For DOE's Large-Load Interconnection Reforms

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    The U.S. Department of Energy's recent letter to the Federal Energy Regulatory Commission may mark a substantial expansion of FERC's open-access framework for large-load facilities, though the proposed timeline for the rulemaking appears to be extraordinarily short, say attorneys at Davis Wright.

  • Adapting To Calif.'s Enhanced Regulation Of PE In Healthcare

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    New California legislation enhances oversight on the role of private equity groups and hedge funds in healthcare transactions, featuring both a highly targeted nature and vague language that will require organizations to carefully evaluate existing practices, says Andrew Demetriou at Husch Blackwell.

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