Public Policy

  • October 14, 2025

    DC Circ. Upholds SEC's Cap On Exchange Fees

    The D.C. Circuit on Tuesday rejected a call to overturn a U.S. Securities and Exchange Commission regulation capping the fees that exchanges can charge investors, ruling that the agency has "broad regulatory authority" to police the space.

  • October 14, 2025

    Calif. City Wins Cannabis Lab Permit Suit Over RICO Claims

    A cannabis entrepreneur's lawsuit accusing the mayor of a Los Angeles suburb of soliciting a $350,000 bribe in exchange for a permit has been thrown out by a California state judge, who ruled that because no money was actually paid, the businessman's racketeering claims couldn't survive.

  • October 14, 2025

    As Shutdown Drags On, Judiciary To Face Belt-Tightening

    With no end in sight to the government shutdown, the situation for the federal judiciary will get worse after Friday.

  • October 14, 2025

    Biden's Alaska Land Plan Faces Repeal After Senate Vote

    The U.S. Senate approved the repeal of a Biden-era resource management plan for millions of acres of public land in central and northern Alaska, which the state's congressional delegation said unnecessarily restricted energy and other resource development.

  • October 14, 2025

    Judge Won't Block $4.7B Ex-Im Bank Loan For LNG Project

    A D.C. federal judge refused to temporarily block $4.7 billion in financing that the Export-Import Bank of the United States approved for a TotalEnergies SE liquefied natural gas project in Mozambique, a setback for environmental groups challenging the deal.

  • October 14, 2025

    Concrete Co. Can't Challenge $2M Seattle Wage Theft Fine

    A Washington state appellate panel on Monday rejected a concrete subcontractor's appeal of more than $2 million in penalties for wage violations at Seattle construction sites, supporting a city hearing examiner's conclusion that the company was also on the hook alongside the primary contractor.  

  • October 14, 2025

    NYC Mayor Creates Crypto Office Ahead Of Departure

    New York City Mayor Eric Adams on Tuesday issued an executive order to establish a mayoral office focused on attracting crypto talent and economic opportunities to the city, an announcement that comes weeks before the city is set to elect a new mayor.

  • October 14, 2025

    Governor Won't Testify In Conn. Official's Corruption Case

    Connecticut Gov. Ned Lamont won't be called to testify in the bribery and extortion trial of former school construction official Kosta Diamantis after a judge agreed with prosecutors on Tuesday that additional testimony about Diamantis' character and demeanor would be irrelevant to the charges against him.

  • October 14, 2025

    Split 3rd Circ. Won't Redo Order To Count Undated Ballots

    The Third Circuit on Tuesday narrowly rejected a request to take another look at its ruling that Pennsylvania's counties can not discard mail-in ballots with misdated or absent dates on their outer envelopes, with six of the 14 circuit judges, including new-Trump appointee Judge Emil Bove, voting to reconsider its ruling in light of emerging election law in the state.

  • October 14, 2025

    Rural Phone Co. Asks FCC To Revisit $3M Subsidy Clawback

    A rural phone carrier has urged the full Federal Communications Commission to review a decision to claw back $3 million in universal service aid, claiming the move ran counter to an executive order and federal law.

  • October 14, 2025

    Wash. To Launch Portal For Entities Applying To Practice Law

    Applications for businesses and nonprofits to provide legal services in Washington state will go live next week, the Washington State Bar Association announced Tuesday, a major milestone in a state Supreme Court-approved plan to expand who can practice law.

  • October 14, 2025

    Meet HHS General Counsel Michael Stuart

    Michael Stuart, a former chief federal prosecutor for West Virginia, has been confirmed by the U.S. Senate to serve as general counsel for the Department of Health and Human Services, where he has promised to make healthcare fraud enforcement a priority. 

  • October 14, 2025

    Calif. Seeks To Dismiss Feds' Suit Challenging Emission Regs

    California is asking a federal court to dismiss the U.S. Environmental Protection Agency's lawsuit challenging the state's emissions standards for heavy-duty trucks.

  • October 14, 2025

    Humana's 2025 Medicare Ratings Sound, Judge Says

    A Texas federal judge on Tuesday upheld the Centers for Medicare & Medicaid Services' 2025 star ratings for some of Humana Inc.'s Medicare Advantage plans, saying the agency had the right to hand down a poor rating to the insurer.

  • October 14, 2025

    Mich. Urges Judge Not To Empower A 'Hall Monitor' DOJ

    The state of Michigan has implored a federal judge not to give the U.S. Department of Justice any leash to preemptively challenge states' anticipated policy moves, saying "there would be no stopping point" to the federal government's interference.

  • October 14, 2025

    Calif. Gov. Vetoes 'Well-Intentioned' Bill Targeting PFAS

    California Gov. Gavin Newsom rejected a bill that would require manufacturers to phase out their use of so-called forever chemicals in children's products, cookware, dental floss and other items, saying he agrees with the bill's health and environmental protection goals but that it could lead to higher costs for Californians.

  • October 14, 2025

    Voting Rights Case Could Further Chief's 'Central Project'

    As a 20-something special assistant in President Ronald Reagan's Department of Justice, John G. Roberts Jr. argued a test focused on the discriminatory effects of legislative redistricting on minority voters would be unconstitutional. Now, four decades later and as chief justice of the United States, he has a chance to make that view the law of the land.

  • October 14, 2025

    DC Circ. Questions Nonprofits' Standing In Funding Cuts Case

    A D.C. Circuit panel expressed skepticism Tuesday that nonprofits challenging the Justice Department's termination of immigration court assistance funding could simultaneously have standing to bring their case while also keeping it out of the Court of Federal Claims, where a district judge effectively sent it in July. 

  • October 14, 2025

    Justices Won't Take Up Bid To Ax Spousal Work Permits

    The U.S. Supreme Court on Tuesday declined to review a D.C. Circuit decision holding that the U.S. Department of Homeland Security had authority to grant work permits to some spouses of highly skilled foreign workers.

  • October 14, 2025

    Don't Raise Power Levels In Shared Band, Advocates Say

    It would be a bad idea to allow devices to operate at higher power levels in the Citizens Broadband Radio Service, as some in the wireless industry want, an advocacy group said, telling the Federal Communications Commission the move might cause "needless disruption" to the shared airwaves.

  • October 14, 2025

    Has The 9th Circ.'s Rightward Shift Ended Bids To Split It?

    Republican lawmakers have long dreamed of breaking up the nation's largest appellate court. But that fervor has diminished as the Ninth Circuit's balance of Democratic and Republican appointees has evened out in recent years, upending the circuit's status as a culture war lightning rod.

  • October 14, 2025

    Delta Urges Court Not To Certify Class In Greenwashing Suit

    Delta Air Lines Inc. is asking a California judge to deny a motion to certify a proposed class action accusing it of overstating its emissions progress and falsely touting itself as the "first carbon-neutral" airline.

  • October 14, 2025

    Calif. Bar Won't Tweak Scores Despite Accommodation Errors

    The committee in charge of overseeing the California bar exam has announced it will not be seeking further score adjustments for test-takers whose approved accommodations were not provided in the fraught February 2025 exam.

  • October 14, 2025

    Justices Seek SG Input In 'Lightning Rod' Health Ministry Case

    The U.S. Supreme Court Tuesday asked for the U.S. solicitor general to weigh in on a "lightning rod" of a case involving the regulation of nonprofit healthcare-sharing ministries that provide cheap, Christian-friendly health insurance options but aren't legally bound to pay for medical care.

  • October 14, 2025

    Judge Slams Feds' 'Ham-Handed' Bid To Skirt DHS Aid Order

    The U.S. Department of Homeland Security and other federal agencies did "precisely" what a Rhode Island federal court forbade when they recently told states that they must agree to help with immigration enforcement in order to receive disaster and security funding, a judge ruled Tuesday.

Expert Analysis

  • Key Insurance Coverage Considerations For AI Data Centers

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    The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Unpacking The New Opportunity Zone Tax Incentive Program

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    The One Big Beautiful Bill Act brought several improvements to the opportunity zone tax incentive program that should boost investments in qualified funds, including making it permanent, increasing federal income tax benefits in rural areas, redesignating the qualified zones, and requiring more in-depth reporting, says Marc Schultz at Snell & Wilmer.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • What New CFPB Oversight Limits Would Mean For 4 Markets

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    As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.

  • MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't

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    As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.

  • Navigating Brazil's Regulations, Incentives For Green Projects

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    Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.

  • Federal AI Action Plan Marks A Shift For Health And Bio Fields

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    The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.

  • Potential Paths To Modernizing The Bank Secrecy Act

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    The Bank Secrecy Act's analog design has become increasingly incompatible with today's digital financial ecosystem, but legislative reforms, coupled with regulatory adjustments including updated thresholds, feedback mechanisms and innovation sandboxes, would help adjust the act to the unique challenges of modern technology, says Matthew Biben at King & Spalding.

  • Definitions Of 'Waters Of The United States' Ebb And Flow

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    The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.

  • Trump Tax Law's Most Impactful Energy Changes

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    The One Big Beautiful Bill Act's deferral of begin-construction deadlines and the phaseout of certain energy tax credits will provide emerging technologies with welcome breathing room, though other changes, like the increased credit rate for sustainable aviation fuel, create challenges for developers, say attorneys at Weil.

  • Texas Property Law Complicates Financing And Development

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    A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Lessons From Liberty Mutual FCPA Declination

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    Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.

  • Data Undermines USPTO's 'Settled Expectations' Doctrine

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    An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.

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