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Public Policy
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October 22, 2025
Fifth Attorney For Michigan Pastor Exits Zoning Suit
A Michigan federal judge Wednesday allowed the fifth lawyer who represented a pastor in a zoning ordinance and retaliation dispute against a township to withdraw from the case, a few months after refusing to recuse himself from the case over a comment about the turnover rate for the pastor's counsel.
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October 22, 2025
Feds Urge Justices To Back Machinists Fund In Pension Fight
The federal government wrote in support of trustees of an International Association of Machinists pension fund in a dispute with employers at the U.S. Supreme Court, backing the union's argument that a pension plan actuary could change the methods and assumptions used to calculate withdrawal payments.
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October 22, 2025
H-1B Fee May Hinder University Hiring And Gut Programs
The Trump administration framed recent changes to the H-1B visa program as a way to bolster a homegrown STEM workforce and protect U.S. jobs, but experts think it could do the opposite — shrinking budgets and opportunities for American students the policies are meant to foster.
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October 22, 2025
Tax Court Judge Warns Against Unchecked AI Use In Filings
A U.S. Tax Court judge cautioned attorneys Wednesday against relying on artificial intelligence to write filings without verifying the information it generates, saying recent "unfortunate incidents" have prompted the court to double down on accuracy in using such tools.
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October 22, 2025
States Back Boston Hospital In Fight Over Trans Care Records
A group of states backed a Boston hospital in its bid to block the Trump administration from accessing transgender care records, warning a federal judge that allowing the government's request could expose a wide variety of doctors to criminal charges.
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October 22, 2025
'The Right Facts' Can Reduce Cos.' Tariff Impacts, Atty Says
Multinational companies with U.S. distributors that typically bear fewer business risks and earn low profit margins may be able to mitigate the effect of U.S. tariffs on their business as a whole by having a foreign principal bear the tariff costs, an attorney said Wednesday.
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October 22, 2025
Gutting Broadband Labels Erodes Consumer Trust, FCC Told
A pro-consumer group is warning that reducing the data disclosed on broadband "nutrition" labels will undermine consumer trust about the online services they're receiving.
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October 22, 2025
NJ Panel Hints Affordable Housing Rules Fight Is Moot
A New Jersey appellate panel questioned on Wednesday whether 28 towns' challenge to interim affordable housing rules might become moot, as permanent regulations are expected within two months — but municipal attorneys argued the current rules have already forced planning decisions that could be upended.
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October 22, 2025
Bankers Ask FCC To Further Delay Call Consent Rule To 2027
Financial service providers Monday pushed for the Federal Communications Commission to extend by a year the April 2026 deadline to implement a "revoke-all" rule making it easier to opt out of robotexts and calls while the agency reconsiders it, warning they could waste resources to comply if the rule is changed or modified.
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October 22, 2025
Presidential Firing Limits Fight Builds At High Court
The ousted U.S. Merit Systems Protection Board chair has encouraged the U.S. Supreme Court to include a caveat for "legislative courts" if it overturns precedent that empowers Congress to limit the president's authority to fire certain agency officials, but opponents of independent agencies want a clean break from the status quo.
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October 22, 2025
NY AG James Seeks Canal Street ICE Raid Photos, Videos
New York Attorney General Letitia James on Wednesday opened a new online portal for pictures and videos of federal immigration enforcement actions following a massive raid on street vendors on Canal Street in Lower Manhattan.
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October 22, 2025
OCC Drops $10M Fine, Ban In Wells Fargo Ex-Exec Deal
The Office of the Comptroller of the Currency has agreed to end a long-running case accusing a former Wells Fargo risk officer of failing to prevent the bank's fake accounts scandal, striking a deal that drops its pursuit of a $10 million fine and industry ban.
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October 22, 2025
Trump Seeks To Dismiss NY Law Claims In Ex-Aide's Suit
President Donald Trump urged a New York federal court to toss allegations of human rights violations in a discrimination lawsuit brought by a former aide claiming she was banished from his first incoming administration after she became pregnant.
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October 22, 2025
Wash. Tribe May Reignite Decades-Old Fishing Rights Dispute
The Sauk-Suiattle Indian Tribe wants to meet and confer with other participants in a 50-year-old Washington federal court case over tribal fishing rights, saying if a meeting doesn't take place it will look to open a new subproceeding to decide where the Swinomish Indian Tribal Community can fish.
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October 22, 2025
NJ Justices To Review Judicial Privacy Law For 3rd Circ. Case
The New Jersey Supreme Court has agreed to a request from the Third Circuit to interpret whether the judicial privacy measure Daniel's Law requires a certain mental state in order to establish liability.
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October 22, 2025
Unions Pursue More Protection For Federal Workers In Shutdown
Eight unions asked a California federal judge to step up the level of protection she provided to thousands of federal workers' jobs during the government shutdown, urging her to expand the number of jobs she's protecting and turn a temporary restraining order into a preliminary injunction.
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October 22, 2025
Trump Flouted Clean Air Act With Rule Delay, Enviro Orgs. Say
President Donald Trump violated the Clean Air Act when he delayed deadlines to comply with air pollution standards for companies in the chemical manufacturing industry, green groups alleged in Washington federal court Wednesday.
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October 22, 2025
House GOP Faces Lawsuit Over Grijalva Swearing-In Standoff
The state of Arizona and U.S. Representative-elect Adelita Grijalva are demanding that House Speaker Mike Johnson seat Grijalva after her special election victory last month, claiming in a new lawsuit that Johnson and other House officials are trying to prevent her from voting to release documents related to federal investigations into Jeffrey Epstein.
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October 22, 2025
Montana Tribe's $325K Public Safety Bid Too High, Feds Say
The federal government says it has provided every available dollar to the Northern Cheyenne Tribe for criminal investigations and telecommunications services, arguing that a decision to only partially fund the tribe's contract proposal is consistent with the spirit and letter of the Indian Self-Determination and Education Assistance Act of 1975.
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October 22, 2025
10th Circ. Won't Revive Ex-IHS Doc's Retaliation Suit
A doctor can't reinstate his suit alleging he was terminated from the U.S. Indian Health Service for complaining that his COVID-19 vaccine exemption request was rejected and that superiors failed to investigate sexual misconduct, the Tenth Circuit said, upholding a win for the IHS and a staffing company.
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October 22, 2025
Kirkland Partner, Ex-Sen. Cornyn Counsel Tapped For US Atty
A Dallas-based Kirkland & Ellis LLP litigation partner who previously served as U.S. Sen. John Cornyn's chief counsel has been nominated as U.S. attorney for the Northern District of Texas.
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October 22, 2025
La. Justice Faces Questions On Campaigns At Nom Hearing
Two nominees for Louisiana federal court positions appeared before the U.S. Senate Judiciary Committee on Wednesday, including a state Supreme Court justice who faced Democratic questions about the election process for his current role.
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October 22, 2025
NC Biz Court Bulletin: COVID Coverage, A Suspect Signature
The North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest.
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October 22, 2025
Broadcast Distributors Decry Blackout Of Nexstar Stations
Nexstar Media Group is coming under fire for using a looming blackout as "deal leverage" in negotiations with Verizon that will decide how much the TV station titan will receive in exchange for letting Verizon retransmit Nexstar's channels.
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October 22, 2025
NY Bill Seeks Clean Energy Payment Exemption For Tax Caps
New York would exempt payments in lieu of taxes for renewable energy projects from local governments' property tax cap calculations under a bill introduced in the state Assembly.
Expert Analysis
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FTC's Consumer Finance Pivot Brings Industry Pros And Cons
An active Federal Trade Commission against the backdrop of a leashed Consumer Financial Protection Bureau will be welcomed by most in the consumer finance industry, but the incremental expansion of the FTC's authority via enforcement actions remains a risk, say attorneys at Hudson Cook.
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How A New BIS Rule Greatly Expands Export Restrictions
The newly effective affiliates rule from the U.S. Department of Commerce's Bureau of Industry and Security restricts exports to foreign companies that are 50% or more owned by entities listed on the BIS entity list and the military end-user list — a major shift in U.S. export control enforcement, say attorneys at Simpson Thacher.
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How Gov't Reversals Are Flummoxing Renewable Developers
The Trump administration has reversed numerous environmental and energy policies, some of which have then been reinstated by the courts, making it difficult for renewable energy project developers to navigate the current regulatory environment, says John Watson at Spencer Fane.
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USPTO Panel's Reversal Signals A Shift On AI Patents
A recent patent ruling from a U.S. Patent and Trademark Office panel shows that artificial intelligence technologies remain patent-eligible when properly framed as technical solutions, and provides valuable drafting lessons for counsel, say attorneys at Butzel Long.
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.
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Opinion
DOJ's Tracing Rule For Pandemic Loan Fraud Is Untenable
In conducting investigations related to COVID-19 relief fraud, the government's assertion that loan proceeds are nonfungible and had to have been segregated from other funds is unsupported by underlying legislation, precedent or the language establishing similar federal relief programs, say Sharon McCarthy, Jay Nanavati and Lasya Ravulapati at Kostelanetz.
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Series
Law School's Missed Lessons: Client Service
Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.
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How Occasional Activists Have Reshaped Proxy Fights
The sophistication and breadth of first-time activist engagement continue to shape corporate governance and strategic outcomes, as evidenced across corporate annual meetings this summer, meaning advisers should anticipate continued innovation in tactics, increased regulatory complexity, and a persistent focus on board accountability, say attorneys at MoFo.
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How The FTC Is Stepping Up Subscription Enforcement
Despite the demise of the Federal Trade Commission's click-to-cancel rule in July, the commission has not only maintained its regulatory momentum, but also set new compliance benchmarks through recent high-profile settlements with Match.com, Chegg and Amazon, say attorneys at Holland & Knight.
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How DHS' H-1B Proposal May Affect Hiring, Strategic Planning
For employers, DHS’ proposal to change the H-1B visa lottery from a random selection process to one favoring higher-wage workers may increase labor and compliance costs, limit access to entry-level international talent, and raise strategic questions about compensation, geography and long-term workforce planning, says Ian MacDonald at Greenberg Traurig.
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Colo. Law Brings Some Equilibrium To Condo Defect Reform
Colorado's American Dream Act, effective next year, does not eliminate litigation risk for developers entirely, but it does introduce a process, some predictability and a more holistic means for parties to resolve condominium construction defect claims, and may improve the state's housing shortage, says Bob Burton at Winstead.
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A Primer For Lenders On NY's New Mortgage Disclosure Regs
A recent New York regulation requiring licensed lenders and mortgage bankers to distribute a significant new disclosure pamphlet, essentially a borrower bill of rights, to applicants serves as a reminder to the industry to follow existing best practices, says Scott Samlin at Blank Rome.
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Mass. Ruling May Pave New Avenue To Target Subpoenas
A Massachusetts federal court’s recent decision to quash a subpoena seeking information on gender-affirming care at Boston Children’s Hospital is a significant departure from courts' deferential approach to subpoena enforcement, and may open a new pathway for practitioners challenging investigative tools in the future, say attorneys at Gibson Dunn.
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How Trump Admin. Is Shifting Biden's Antitrust Merger Enforcement
Antitrust enforcement trends under the Trump administration have included a moderation in the agencies' approach to merger enforcement as compared to enforcers compared to the prior administration, but dealmakers should still expect aggressive enforcement when the agencies believe consumers will be harmed and they expect to win in court, say attorneys at Rule Garza.
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Why Justices Seem Inclined To Curtail Del. Affidavit Statute
After recent oral argument before the U.S. Supreme Court in Berk v. Choy — asking whether Delaware's affidavit-of-merit statute applies in federal diversity actions, or whether the Federal Rules of Civil Procedure displace the state requirement — it appears the court is poised to simplify the standard approach, says Eric Weitz of The Weitz Law Firm.