Public Policy

  • September 30, 2025

    Wash. Lake Cleanup Agencies Sued Over Enviro Review

    A man whose house overlooks Capitol Lake in Olympia, Washington, is suing a slew of federal and state government agencies over an estuary restoration project near his residence, alleging they have committed millions of dollars in funds without performing an environmental review.

  • September 30, 2025

    FCC Pushes Prison Phone Jamming, Despite Dem's Concerns

    The Federal Communications Commission on Tuesday advanced a plan to let state and local prisons jam the signals of contraband cellphones, even as a Democratic commissioner voiced worries about the potential for interference with lawful communications.

  • September 30, 2025

    Feds Say They Will Resume DACA Processing Except In Texas

    The Trump administration told a Texas federal judge it will resume processing applications for removal protection and employment authorization for noncitizens unlawfully brought to the U.S. as children, but will withhold work permits and lawful presence from Texas residents.

  • September 30, 2025

    FinCEN Seeks Feedback On Financial Compliance Burden

    The U.S. Treasury Department's enforcement arm requested feedback Tuesday on the compliance burden for financial institutions responding to the agency's information requests "as part of its continuing efforts to reduce paperwork and respondent burden."

  • September 30, 2025

    ICE Bond Denials Violate Immigration Law, Wash. Judge Finds

    A Washington federal judge held on Tuesday that U.S. Immigration and Customs Enforcement's policy of denying bond hearings to certain detainees goes against the Immigration and Nationality Act, echoing the reasoning of other district courts that have made the same determination.

  • September 30, 2025

    Mass. Judge Issues Stinging Rebuke Of Protester Removals

    A Massachusetts federal judge ruled Tuesday that the Trump administration's policy of arresting, detaining and trying to deport foreign students for Palestinian advocacy violates the First Amendment, which the judge said protects the free speech of noncitizens and citizens alike.

  • September 30, 2025

    HHS Moves To Suspend Harvard From Funding

    The civil rights office at the U.S. Department of Health and Human Services is moving to cut off Harvard University from future funding, a maneuver legal experts say could stymie healthcare and biomedical research.

  • September 30, 2025

    Senate Bill Would Allow Claims Against AI Cos.

    A pair of senators unveiled a bill Tuesday that would classify artificial intelligence technologies as products under the law to allow consumers to sue if an AI product causes harm, an issue testing the courts as litigation targets AI-fueled chatbots.

  • September 30, 2025

    FCC Aims To Remove Broadband Deployment Barriers

    The Federal Communications Commission took a pair of actions Tuesday aimed at speeding up the deployment of broadband infrastructure by reducing regulatory hurdles.

  • September 30, 2025

    TPS Advocates Urge Justices Not To Disturb Lower Court Win

    An immigration advocacy organization has urged the U.S. Supreme Court not to halt a district court ruling that found unlawful the Trump administration's attempt to unwind temporary deportation protections for Venezuelans, saying the government had no basis for such emergency relief.

  • September 30, 2025

    Judge Ends Challenge To Mich. Abortion Rights Amendment

    A federal judge tossed a challenge to Michigan's voter-approved constitutional right to an abortion on Tuesday because abortion opponents had not shown they were personally harmed by the amendment.

  • September 30, 2025

    Senate Bills Look To Return 2,000 Acres To California Tribes

    A pair of U.S. senators have introduced a trio of bills that will transfer 2,000 acres of land to three California tribes that the lawmakers say will bring more housing and protections for Indigenous spiritual connections associated with the properties. 

  • September 30, 2025

    Low-Cost Airlines Push Congress For More Gate Access

    Leaders from low-cost airlines and an anti-monopoly nonprofit told lawmakers on Tuesday that lack of gate access for the airlines harms competition.

  • September 30, 2025

    PFAS Testing Concerns End Coca-Cola Class Action

    A New York federal judge has dismissed a proposed class action against Coca-Cola's Simply Orange Juice Co. subsidiary alleging its juices were falsely marketed as all-natural when they actually contain PFAS, saying that the plaintiff didn't show that the juices tested were the same as the ones he bought.

  • September 30, 2025

    College Athlete Advocates Join Supporters Of Senate NIL Bill

    A day after three Democratic U.S. senators introduced a bill promising more protections for college athletes — including women, athletes in smaller sports and those at smaller institutions — under the new revenue-sharing rules, the proposal on Tuesday drew praise from advocates for athletes and labor, including an official from the AFL-CIO.

  • September 30, 2025

    FCC Embarks On Four-Year Media Ownership Review

    The Federal Communications Commission pushed ahead Tuesday with a proposal to ease restrictions on how many TV or radio stations a single broadcaster can control in a market.

  • September 30, 2025

    DC Circ. Backs FERC Approval Of Tenn. Pipeline

    The D.C. Circuit on Tuesday used a recent landmark U.S. Supreme Court decision curtailing federal environmental reviews to reject a challenge to the Federal Energy Regulatory Commission's approval of a Tennessee pipeline project.

  • September 30, 2025

    Justices Could Enable IEEPA Taxes On Any Trade, Experts Say

    If the U.S. Supreme Court decides that a president's power to regulate imports and exports under the International Emergency Economic Powers Act encompasses tariffs, a president could tax services, investments and intellectual property flowing into or out of the country, trade experts said Tuesday.

  • September 30, 2025

    Wis. Legislators Trying Again To Legalize Medical Cannabis

    Republican state lawmakers in Wisconsin have introduced a bill to legalize smokeless cannabis products for medical use, more than a year and a half after a similar proposal died.

  • September 30, 2025

    NPR Fights CPB's $30M Grant Shift In Court

    A federal judge got assurances from Corporation for Public Broadcasting lawyers Tuesday that it won't commit $30 million to a new National Public Radio alternative for managing the public radio satellite system for at least the next month as he considers a motion from NPR for an injunction blocking the move indefinitely.

  • September 30, 2025

    SEC Approves Cost Cuts For Consolidated Audit Trail

    The U.S. Securities and Exchange Commission on Tuesday approved a plan that it says could save at least $20 million a year by adopting new data retention standards for a key market surveillance tool, with the agency's chair promising to cut the "ballooning" costs of the market tool even further in the coming months and years.

  • September 30, 2025

    Hospital Urges Justices To Review 7th Circ. Medicaid Ruling

    A Chicago hospital urged the U.S. Supreme Court to take up its petition for review of a Seventh Circuit ruling that had shut down its suit against the state of Illinois seeking enforcement of timely Medicaid payments, saying it's an "excellent opportunity" to address "resulting uncertainties" after a recent ruling against Planned Parenthood.

  • September 30, 2025

    Judge Recommends Tribal Win, Talks In NY Thruway Row

    A U.S. magistrate judge is recommending a summary judgment win and negotiations for the Seneca Nation and New York officials in an ongoing dispute over a portion of a thruway that runs through the tribe's reservation, saying the state obtained a 1954 easement for the superhighway in violation of federal law.

  • September 30, 2025

    NJ County Says State Police Allowed Mall To Sell On Sundays

    Bergen County, New Jersey, is arguing that the New Jersey State Police have ignored illegal retail sales on Sundays at the American Dream mall in East Rutherford despite maintaining a headquarters at the site, in a response to a local government's lawsuit over the practice.

  • September 30, 2025

    IRS Defines Rural Areas For Opportunity Zone Tax Breaks

    The Internal Revenue Service published the definitions Tuesday for rural areas that qualify for the federal opportunity zone program's rural zone expansion under the Republican budget bill signed into law this summer.

Expert Analysis

  • Breaking Down The Proposed Hemp Bill

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    A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.

  • Opinion

    Sometimes Int'l Competition Should Trump Antitrust Concerns

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    The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.

  • Divest Order Shows How Security Fears Extend CFIUS Scope

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    A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.

  • Art Market Must Prepare For More AML Scrutiny

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    Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.

  • NY Tax Talk: ALJ Vacancy, Online Sales, Budget

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    Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • Lessons Learned 3 Years After First CCPA Enforcement Action

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    Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.

  • Utility Agency Suits May Rise As Calif. Justices Nix Deference

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    A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • How Tariffs Can Affect Event Studies In Securities Litigation

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    When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.

  • A Look At Robinson-Patman Enforcement In The MLM Industry

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    The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.

  • A Former PTAB Judge Weighs The End Of Remote Hearings

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    Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.

  • How Proposed FAA Rule May Streamline Drone Operations

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    The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.

  • What To Expect From 401(k) Plan Alternative Assets Order

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    The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.

  • The Future Of Lab-Test Regs After FDA Rescinds Rule

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    The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.

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