Public Policy

  • November 19, 2025

    4th Circ. Says Immigration Board Ignored Key Evidence

    A split Fourth Circuit panel has said immigration courts ignored evidence of the threats a Honduran man faced from MS-13 gang members if he was sent back to that country, while a dissenting judge faulted him for not reporting to police alleged harms.

  • November 19, 2025

    NJ Construction Co. Sues Over Hudson Tunnel Union Limits

    A New Jersey construction company wants to delay bidding for part of the $16 billion Hudson Tunnel Project, claiming in a federal lawsuit that the multistate commission overseeing the project unlawfully barred employing the United Steelworkers union currently representing the company's workers.

  • November 19, 2025

    Kalshi Says Sports 'Swaps' Not Bets In Bid To End Mass. Suit

    Prediction market KalshiEX asked a Massachusetts state court to throw out a suit by state regulators alleging that its sports "event contracts" are illegal gambling, saying the U.S. Commodity Futures Trading Commission has already given its imprimatur to the products.

  • November 19, 2025

    Senate GOP Resists Extending Expanded ACA Tax Premiums

    Senate Finance Committee Democrats on Wednesday urged their Republican counterparts to extend the enhanced tax credits for the Affordable Care Act, which is set to expire at the end of the year, but Republicans said they were looking for other options to address rising healthcare costs.

  • November 19, 2025

    NY Judge Halts DHS' Protected Status Termination For Syrians

    A New York federal judge on Wednesday expressed disbelief that the Trump administration adequately considered local conditions when ending Temporary Protected Status for those facing danger in their home countries, staying the decision to end the program for Syrians.

  • November 19, 2025

    Christian Org. Gets Permanent Block On PWFA Abortion Regs

    The U.S. Equal Employment Opportunity Commission won't require a Missouri-based Christian education foundation to provide workplace accommodations for workers who get abortions, agreeing to an injunction as part of a deal ending the nonprofit's lawsuit over the agency's Pregnant Workers Fairness Act regulations.

  • November 19, 2025

    Trump Admin Proposes Weakening ESA Protections

    The Trump administration on Wednesday proposed four rules that would significantly weaken Endangered Species Act protections for plants and animals, drawing immediate condemnation from environmental and conservation groups.

  • November 19, 2025

    Green Groups Sue To Block Gulf Oil And Gas Lease Sale

    Environmental groups have asked a federal court to block the first in a series of offshore oil and gas lease sales mandated by July's budget reconciliation bill, claiming the government shirked a required environmental review of the lease sale.

  • November 19, 2025

    Nexstar Asks FCC To Waive Ownership Cap In Tegna Takeover

    TV station giant Nexstar has asked the Federal Communications Commission to sign off on its pending acquisition of Tegna Inc. even though the $6.2 billion deal would breach existing FCC limits on national media ownership.

  • November 19, 2025

    The House's Plan B For Repealing Provision On DOJ Lawsuits

    If the Senate does not take up a bill to repeal a provision in the government funding package allowing senators investigated by former special counsel Jack Smith to sue for damages, a Republican House member is already making contingency plans.

  • November 19, 2025

    Gov'ts Widely Back Mutual Agreement Procedure In UN Treaty

    Governments expressed widespread support for adopting measures to strengthen the mutual agreement procedure within a protocol on dispute resolution in the United Nations tax convention during the latest round of negotiations.

  • November 19, 2025

    8th Circ. Hears PBMs' Bid To Pause FTC Insulin Pricing Case

    An Eighth Circuit panel had only a handful of questions on Wednesday for the pharmacy benefit managers accused of inflating insulin prices, though one of the judges expressed skepticism about pausing the Federal Trade Commission's in-house enforcement action on constitutional grounds.

  • November 19, 2025

    Alaska Senator Pushes For Better Vetting After Judge Scandal

    Sen. Dan Sullivan, R-Alaska, said on Wednesday that after a federal judge in his state resigned in disgrace last year, he decided he had to revamp his selection process for judicial nominees.

  • November 19, 2025

    Split Pa. Justices Say Prosecutors Not Bound By Wiretap Law

    Prosecutors like those at the Philadelphia District Attorney's Office can't be sued for using secret recordings obtained in violation of Pennsylvania's wiretap act, a split state Supreme Court ruled Wednesday.

  • November 19, 2025

    Calif. Dems File Bill To Expand Tribal Internet Service

    Two California Democrats have introduced legislation aiming to explicitly include tribal lands under the Communications Act to make sure they can gain access to federal support for broadband connectivity in rural areas.

  • November 19, 2025

    Eco Orgs. Ask 2nd Circ. To Undo NY, NJ Pipeline Project Nods

    Environmental groups have sued New York and New Jersey environmental regulators over their issuance of Clean Water Act permits for a controversial Williams Cos. pipeline upgrade after previously denying the permits over pollution concerns.

  • November 19, 2025

    Tax Court Substance Ruling Offers Silver Lining For Taxpayers

    Even though the U.S. Tax Court upheld stiff penalties under the economic substance doctrine against an eye doctor's microcaptive arrangements, the opinion generally favored taxpayers by clarifying that the IRS faces limits on when it can invoke the doctrine to audit transactions.

  • November 19, 2025

    'Wrongly Decided' Case Backs Insurer Loss, Mich. Panel Says

    An insurer is statutorily barred from suing an auto shop to recoup personal injury protection benefits it paid to policyholders injured in a crash, a Michigan state appeals court affirmed, though saying it is bound by a 1993 case it believes was "wrongly decided" and should be reviewed.

  • November 19, 2025

    Halligan Says Grand Jury Never Saw Final Comey Indictment

    U.S. Attorney Lindsey Halligan acknowledged Wednesday that the full grand jury in the James Comey case never saw or voted on the final version of the indictment that was handed up to the court in the case. An attorney for Comey said the clarification was grounds for dismissal.

  • November 19, 2025

    Tribes Challenge Oklahoma Over Hunting, Fishing Rights

    A trio of Oklahoma Indigenous nations are asking a federal district court to declare that they have the right to hunt and fish on their reservation lands, arguing that the state is violating their treaty rights and inherent sovereign authority by prosecuting their members.

  • November 19, 2025

    Air Force Asks Justices To Nix Guam Munitions Disposal Suit

    The U.S. Air Force is urging the Supreme Court to sink a Guam community group's challenge to the branch's request for a renewed permit to explode expired munitions on the island.

  • November 19, 2025

    Pfizer To Pay $41.5M To Settle Adulterated ADHD Drug Claims

    Pfizer Inc. and Tris Pharma Inc. agreed Wednesday to cough up $41.5 million to settle claims brought by Texas that it gave adulterated ADHD drugs to children, ending a lawsuit alleging the companies violated a state healthcare fraud law.

  • November 19, 2025

    Conn. Officials Say Feds' Bill Moots Challenge To Hemp Law

    Connecticut state officials are urging a federal court to throw out a suit from hemp producers challenging the state's regulation of intoxicating hemp products, saying the redefinition of hemp in the recently signed bill reopening the government is even stricter than the state's regulations, making the case moot.

  • November 19, 2025

    Trump's Global Tariffs Curtailed Trade, Data Shows

    U.S. imports dropped by 5.1% in August, the month when many of President Donald Trump's global tariffs took effect, according to data released Wednesday by the Bureau of Economic Analysis.

  • November 19, 2025

    Trump's New Pick For CFPB Director Is OMB Energy Official

    President Donald Trump has tapped an energy official at the Office of Management and Budget to become permanent director of the Consumer Financial Protection Bureau, a key regulator whose future remains in doubt after months of turmoil and dwindling finances.

Expert Analysis

  • 6 Shifts In Trump Tax Law May Lend A Hand To M&A Strategy

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    Changes in the Trump administration's recent One Big Beautiful Bill Act stand to create a more favorable environment for mergers and acquisitions, including full bonus depreciation and an expanded code section, say attorneys at K&L Gates.

  • Trends In Post-Grant Practice Since USPTO Denial Guidance

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    Six months after the U.S. Patent and Trademark Office updated its guidance on discretionary denial of inter partes review and post-grant review, noteworthy trends in denial statistics have emerged, warranting a reassessment of strategies for parallel proceedings, says Andrew Ramos at Bayes.

  • Examining The Quietest EEOC Enforcement Year In A Decade

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    The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.

  • Transource Ruling Affirms FERC's Grid Planning Authority

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    The Third Circuit's recent decision in Transource Pennsylvania v. DeFrank, reversing a state agency's denial of an electric transmission facility permit, provides a check on states' ability to veto needed power projects, and is a resounding endorsement of the Federal Energy Regulatory Commission's regional transmission planning authority, say attorneys at Wilson Sonsini.

  • Assessing The Future Of The HIPAA Reproductive Health Rule

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    In light of a Texas federal court's recent decision to strike down a U.S. Department of Health and Human Services rule aimed to protect the privacy of patients seeking abortions and gender-affirming care, entities are at least temporarily relieved from compliance obligations, but tensions are likely to continue for the foreseeable future, says Liz Heddleston at Woods Rogers.

  • State Paid Leave Laws Are Changing Employer Obligations

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    A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.

  • How Crypto Embrace Will Affect Banks And Credit Unions

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    The second Trump administration has moved aggressively to promote crypto-friendly reforms and initiatives, and as the embrace of stablecoins and distributed ledger technology grows, community banks and credit unions should think strategically as to how they might use these innovations to best serve their customers, says Jay Spruill at Woods Rogers.

  • In NY, Long COVID (Tolling) Still Applies

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    A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.

  • Navigating The SEC's Evolving Foreign Private Issuer Regime

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    As the U.S. Securities and Exchange Commission reevaluates foreign private issuer eligibility, FPIs face not only incremental compliance costs but also a potential reshaping of listing strategies, capital access, enforcement exposure and global regulatory coordination, potential unintended effects that deserve further exploration, say attorneys at Simpson Thacher.

  • New Conn. Real Estate Laws Will Reshape Housing Landscape

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    With new legislation tackling Connecticut's real estate landscape, introducing critical new requirements and legal ambiguities that demand careful interpretation, legal counsel will have to navigate a significantly altered and more complex regulatory environment, say attorneys at Harris Beach.

  • USPTO Under Squires: A Look At The First Month

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    New U.S. Patent and Trademark Office Director John Squires' opening acts — substantive and symbolic — signal a posture that is more welcoming to technological improvements and focused on rebalancing the office's gatekeeping role, say attorneys at Seyfarth.

  • Iran Sanctions Snapback Raises Global Compliance Risks

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    ​The reimplementation of U.N. sanctions targeting Iran’s nuclear program​, under a Security Council resolution​'s snapback mechanism, and​ related actions in Europe and the U.K., may change U.S. due diligence expectations and enforcement policies, particularly as they apply to non-U.S. businesses that do business with Iran, says John Sandage at Berliner Corcoran.

  • Hermes Bags Antitrust Win That Clarifies Luxury Tying Claims

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    A California federal court recently found that absent actual harm to competition in the market for ancillary products, Hermes may make access to the Birkin bag contingent on other purchases, establishing that selective sales tactics and scarcity do not automatically violate U.S. antitrust law, say attorneys at Holland & Knight.

  • Glimmers Of Clarity Appear Amid Open Banking Disarray

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    The Consumer Financial Protection Bureau's vacillation over data rights rules has created uncertainty, but a recent proposal is a strong signal that open banking regulations are here to stay, making now the ideal time for entities to take action to decrease compliance risk, says Adam Maarec at McGlinchey Stafford.

  • Opinion

    High Court, Not A Single Justice, Should Decide On Recusal

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    As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

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