Public Policy

  • July 21, 2025

    Revived Effort To Break Up 9th Circ. Makes Its Way To Senate

    Idaho Republicans have reintroduced a U.S. Senate bill that looks to split up the Ninth Circuit and create a new Twelfth Circuit, according to an announcement made Monday, roughly nearly seven months after a similar bill was introduced in the House.

  • July 21, 2025

    Md. Judges Slam 'Unprecedented' Suit Over Habeas Orders

    Maryland federal judges on Monday pressed a Virginia federal judge to throw out the Trump administration's "unprecedented" suit challenging their standing order that temporarily blocks deportation of detained noncitizens who file habeas petitions, warning that if the suit succeeds, "it will not be the last."

  • July 21, 2025

    Trump Asks DC Circ. To Block FTC Dem's Reinstatement

    The Trump administration on Monday asked the D.C. Circuit to pause a Thursday order restoring a fired Federal Trade Commission Democrat's job, arguing that the ruling defies recent U.S. Supreme Court orders staying similar reinstatements at other independent agencies.

  • July 21, 2025

    The Biggest Telecom Developments Of 2025: Midyear Report

    It's been a headline-grabbing year in communications law so far, with the U.S. Supreme Court handing down a major win for federal programs that help pay for broadband deployment and a new Republican chief at the nation's telecom agency ushering in a rule-slashing agenda.

  • July 21, 2025

    Sinclair Stations Clear Up FCC's Kid TV Enforcement

    Sinclair Broadcast Group stations that aired Hot Wheels commercials during a children's Hot Wheels program in violation of Federal Communications Commission rules are settling with the agency after their owner inked a deal allowing the parent company to avoid a $2.6 million fine.

  • July 21, 2025

    FCC Waives Rules To Use Radar Digging In Construction

    Rod Radar has convinced the Federal Communications Commission to grant it a waiver that would allow it to hook ground-penetrating radar to excavator buckets to help avoid underground infrastructure like utility lines.

  • July 21, 2025

    Man Tweaks Suit Over Gun Purchase Ban Tied To Pot Conviction

    A man who claims he was wrongly denied the right to buy a gun despite his four-decades-old marijuana felony being expunged has tweaked his legal efforts, dropping the FBI and the Bureau of Alcohol Tobacco, Firearms and Explosives as defendants in his lawsuit in Kansas federal court.

  • July 21, 2025

    DC Circ. Urged To Leave FERC Project Approvals Alone

    Grid operator Southwest Power Pool Inc. urged the D.C. Circuit to deny utility petitions challenging the Federal Energy Regulatory Commission's approval of four transmission projects developed by Kansas-based Sunflower Electric Power Corp.

  • July 21, 2025

    Nonprofits Take Aim At New HUD Grant Rules

    A coalition of nonprofit groups filed suit Monday in Rhode Island federal court, challenging new conditions for U.S. Department of Housing and Urban Development grants that target diversity, equity and inclusion programs; abortion access; and transgender individuals.

  • July 21, 2025

    CFPB Ends VyStar Consent Order After $1.5M Penalty Paid

    The Consumer Financial Protection Bureau disclosed Monday that it has ended another Biden-era consent order, this time with VyStar Credit Union, which the agency said has paid the seven-figure penalty that was imposed against it last year.

  • July 21, 2025

    Feds Tell 3rd Circ. Gun Rights Not Automatic After Crime

    The Third Circuit heard oral arguments Monday over whether the Second Amendment gives a man convicted of driving under the influence of alcohol the automatic right to own weapons after serving his time.

  • July 21, 2025

    House GOP Would Cut SEC Funds, Curb Cyber Breach Rule

    House Republicans are seeking to cut the U.S. Securities and Exchange Commission's budget by 7% in the upcoming fiscal year, presenting a plan that could also undercut a Biden-era regulation requiring publicly traded companies to quickly report cybersecurity breaches.

  • July 21, 2025

    Not Enough Similarities To Apply DOJ Ad Tech Win: Google

    Google urged a New York federal judge not to let website publishers, advertisers and others lock the company into the Justice Department's win in a separate Virginia federal court monopolization lawsuit over its advertising placement technology business, arguing the cases have key differences in facts and circuit standards.

  • July 21, 2025

    Fla. Judge Pick Probed On Trump Case, Nomination Timing

    A judicial nominee for the Southern District of Florida has fielded more questions from Democrats who have suggested that he ruled in favor of President Donald Trump and repeated the president's "partisan talking points" while simultaneously being vetted for a federal judgeship.

  • July 21, 2025

    9th Circ. Narrows 'Remain In Mexico' Block During Appeal

    A split Ninth Circuit panel ruled that a California federal judge's nationwide block of the Remain in Mexico program can only apply to the clients of the nonprofit that brought the underlying challenge while the Trump administration's appeal proceeds.

  • July 21, 2025

    Pay Bias Judge Guts $2.8M Fee Request, Citing Errors At Trial

    A Pennsylvania federal judge sliced an attorney's requested $2.8 million fee award for a pay-discrimination case against a school district Monday, blaming the plaintiff's counsel for errors during the two trials it took to reach a verdict.

  • July 21, 2025

    Huawei Chips Block Some TVs' NextGen Signals, FCC Told

    Pearl TV is calling on SiliconDust to remove Huawei-made components from its products, which rebroadcast TV signals from viewer antennas over home networks, saying the chips in its HDHomeRun Flex devices are unable to broadcast certain Next Generation TV programming.

  • July 21, 2025

    FinCEN Gives Investment Advisers Reprieve On AML Rule

    The U.S. Department of the Treasury has pushed back the compliance date for a rule requiring investment advisers to report suspicious activity to the Financial Crimes Enforcement Network while it weighs the future of the Biden-era regulation.

  • July 21, 2025

    Sens. Float Bill To Protect Against AI Data Piracy

    Federal lawmakers said Monday that they are floating a measure that would give creators the right to sue companies that use their work to train artificial intelligence models without their permission, a move that comes amid concerns over AI and intellectual property.

  • July 21, 2025

    Justices Asked If Frontier Law Covers 'Corner Crossing' Case

    A Wyoming ranch owner is asking the U.S. Supreme Court to review a Tenth Circuit decision that four hunters who crossed over its property to reach public lands didn't trespass, arguing that state law prohibits "corner crossing" and that no federal easement exists across private land for public access.

  • July 21, 2025

    Ex-Judges Call SAP Hypocritical In 'Self-Serving' Fintiv Appeal

    Retired Federal Circuit Judges Randall Rader and Kathleen O'Malley are urging their former court to reject SAP America Inc.'s challenge to how the U.S. Patent and Trademark Office is implementing new policies, saying the agency is acting within its limits and that SAP is selfishly contradicting arguments it previously made at the U.S. Supreme Court.

  • July 21, 2025

    Concertgoers Narrow Live Nation Antitrust Claims

    Consumers accusing Live Nation of monopolizing the live entertainment industry are dropping their allegations about high prices in the resale ticketing market to focus on prices for the initial sale of tickets in the primary market.

  • July 21, 2025

    Lawmakers' Plan To Target Bid Protesters Seen As Unfounded

    Congress's quest to deter frivolous protests from companies that fail to win Pentagon contracts exposes a gap between lawmakers and attorneys who refute the problem, and worry that small businesses that get penalized could get shut out of the procurement process.

  • July 21, 2025

    How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout

    No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.

  • July 21, 2025

    Board Says Salvadoran Women Not A Social Group Under INA

    The Board of Immigration Appeals has dismissed a Salvadoran woman's attempt to revive her application for asylum and withholding of removal, ruling that a particular social group based solely on an individual's sex and nationality is "overbroad and insufficiently particular." 

Expert Analysis

  • What To Expect As UK, US Gov'ts Develop Stablecoin Policies

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    While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.

  • Series

    Texas Banking Brief: All The Notable Legal Updates In Q2

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    In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.

  • Lawsuit, Exec Orders Should Boost Small Modular Reactors

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    A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • Congress Crypto Movement Could Bring CFTC 'Clarity' At Last

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    The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.

  • What Employers Can Learn From Axed Mo. Sick Leave Law

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    Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.

  • Preparing For Trump Pushback Against State Climate Laws

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    An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.

  • Practical Implications Of SEC's New Crypto Staking Guidance

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    The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.

  • Stablecoin Bills Present Opportunities, Challenges For Banks

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    Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • New FCPA Guidance May Flip The Whistleblowing Script

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    The U.S. Department of Justice’s updated Foreign Corrupt Practices Act guidelines lay out a new incentive structure that may put multinational U.S.-based companies in an unusual offensive whistleblowing position, potentially spurring them to conduct external investigations of their foreign rivals, says Markus Funk at Perkins Coie.

  • Opinion

    GENIUS Act Could Muck Up Insolvency Proceedings

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    While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.

  • How McKesson Ruling Will Inform Interpretations Of The TCPA

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    Amid the U.S. Supreme Court's ruling in McLaughlin Chiropractic Associates v. McKesson, we can expect to see both plaintiffs and defendants utilizing the decision to revisit the Federal Communications Commission's past Telephone Consumer Protection Act interpretations and decisions they did not like, says Jason McElroy at Saul Ewing.

  • A Look At Florida's New Protected Series LLC Legislation

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    A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter saw California become a more active protector of consumers in response to federal regulatory pullback, with regulators proposing a licensing framework for digital asset businesses, ending an enforcement exemption and otherwise signaling further expansions of oversight and enforcement, say attorneys at Stinson.

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