Public Policy

  • July 15, 2025

    3rd Circ. Backs FAA's Civil Penalty Actions Post-Jarkesy

    The Third Circuit on Tuesday backed the Federal Aviation Administration's adjudicatory authority to impose civil penalties for air safety rules violations, saying in a precedential ruling that the U.S. Supreme Court's Jarkesy decision doesn't entitle a paint supplier to a jury trial in a case stemming from a leaky paint can on a FedEx plane.

  • July 15, 2025

    FCC Hunts For Customer Info On Cellcom Network Outage

    Regional wireless service provider Cellcom's mid-May network outage has prompted a public inquiry by federal regulators who want to know how customers handled their inability to make or receive texts and calls.

  • July 15, 2025

    House Lawmakers OK Bill To Block DOJ Rescheduling Pot

    A Republican-led House subcommittee approved language Tuesday that would stop the U.S. Department of Justice from loosening federal restrictions on marijuana through the administrative process.

  • July 15, 2025

    FDIC Floats Rule 'Indexing' Plan In Deregulatory Blitz

    The Federal Deposit Insurance Corp. has unveiled plans to begin automatically raising dollar thresholds used to determine which compliance requirements apply to banks, part of a broader raft of deregulatory measures that agency leaders advanced on Tuesday.

  • July 15, 2025

    EPA Defends Ending Enviro Justice Grants

    The U.S. Environmental Protection Agency has asked a federal judge to dismiss a proposed class action filed by environmental groups, a Native American village and other local governments, alleging the EPA unlawfully stopped $3 billion in climate grant funding.

  • July 15, 2025

    Feds Urge Calif. Judge To End Suit Over Border Patrol Sweep

    The U.S. government moved Tuesday to end a proposed class action alleging Border Patrol agents conducted race-based stops and warrantless arrests of people who appear to be farmworkers, arguing the government has required agents to evaluate flight risks and reasonable suspicion for stops, which renders the suit's claims moot.

  • July 15, 2025

    FTC Still Bans Ex-Pioneer CEO From Exxon Board, For Now

    If the current Federal Trade Commission upends Biden-era Democrats' ban on the former CEO of Pioneer from serving on Exxon's board, it will be on the now-Republican-led commission's own volition rather than through a petition by the executive.

  • July 15, 2025

    9th Circ. Rejects Sentencing Enhancement In Gun Case

    A Washington state federal court should not have applied a sentencing enhancement in the case of a man who handed a gun to someone who later used it to shoot an undercover federal agent, the Ninth Circuit said Monday, finding there wasn't proof his five-second hold on the weapon emboldened the shooter.

  • July 15, 2025

    FCC Drops 'Single Seller' Marketing Reg After 11th Circ. Ruling

    The Federal Communications Commission has plucked from the books a rule requiring individual consumer consent for companies to contact customers through comparison shopping sites after the Eleventh Circuit declared the regulation an overstep.

  • July 15, 2025

    Harrah's Accused Of Firing Supervisor Over Health Issues

    A housekeeping supervisor said Harrah's Resort Atlantic City used flimsy reasoning to fire her after she sought time off for multiple health problems in a complaint filed in New Jersey federal court.

  • July 15, 2025

    Trump Says US Has Struck Trade Deal With Indonesia

    President Donald Trump announced Tuesday that the U.S. has reached a trade deal with Indonesia that includes a 19% tariff on all goods exported by the Southeast Asian country to the U.S., while American goods exported there will be free of tariffs. 

  • July 15, 2025

    Tribes, Enviro Groups Look To Block Copper Mine Land Swap

    Environmental and tribal groups are asking a federal court to extend an injunction blocking the transfer of more than 2,500 acres within Tonto National Forest to an Arizona copper mining company, arguing that a final environmental impact study and appraisal of the property raise serious questions in the dispute.

  • July 15, 2025

    11th Circ. Rules Inmate's Suit Against Nurse Was 'Malicious'

    The Eleventh Circuit upheld the dismissal of a lawsuit from a man incarcerated in Florida accusing a nurse practitioner of an Eighth Amendment violation, saying the lower court was right in tossing the complaint after deeming it "malicious" because he failed to disclose two prior legal actions. 

  • July 15, 2025

    Afghan's Challenge To Biden Asylum Rule Is Moot, DOJ Says

    The Trump administration has moved to toss an Afghan's challenge to Biden-era asylum regulations, telling a D.C. federal judge he no longer has standing after a second negative credible fear interview found him ineligible for asylum.

  • July 15, 2025

    Take New Spectrum Auction Powers Out For Spin, Feds Told

    Telecom regulators need to act quickly to open a critical portion of midband airwaves to wireless companies while ensuring safeguards to block any interference with aircraft safety equipment using a nearby band, a mobile services group said this week.

  • July 15, 2025

    Grassley Rejects Dems' Push For 2nd Hearing On Emil Bove

    Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, on Tuesday rebuffed the request from Democrats on his committee for the whistleblower who made claims regarding Third Circuit nominee Emil Bove to testify and said the committee will proceed with the vote on Bove's nomination Thursday.

  • July 15, 2025

    5th Circ. Says Media Matters Can Challenge X Suit Venue

    The Fifth Circuit gave left-leaning watchdog Media Matters for America another shot at transferring a business disparagement lawsuit launched by X Corp. to California, saying Tuesday the Texas federal judge overseeing the case didn't do an adequate venue analysis.

  • July 15, 2025

    High Court Term Yields Gains For Criminal Defendants

    The U.S. Supreme Court addressed several contentious issues this term, with the conservative majority prevailing in numerous high-profile cases. Yet, in a notable trend, the court also issued multiple rulings favorable to criminal defendants, including expanding prisoners' rights in civil lawsuits and reinforcing due process protections in capital cases.

  • July 15, 2025

    NYC's Suit Against Flavored E-Cig Sellers Can Continue

    A Manhattan federal judge on Monday rejected a bid by eight vape wholesalers to toss an action brought by New York City alleging the companies flooded the city with flavored e-cigarettes in violation of federal, state and local law.

  • July 15, 2025

    Michigan Cases To Watch In The 2nd Half Of 2025

    Michigan's courts are gearing up for a busy second half of the year, with high-profile prosecutions of Chinese scientists accused of smuggling, the state's top court tackling arbitration and automotive contracts, and revisions to the professional conduct rules for lawyers and judges all on deck.

  • July 15, 2025

    Bankruptcy Experts Call For Reset On Sub V, Student Debt

    A group of judges and bankruptcy experts told a congressional panel Tuesday that a reset is needed for the eligibility cap for Subchapter V bankruptcies and the standards for discharging student loan debt.

  • July 15, 2025

    Judge Lays Out New Framework For Refugee Admissions

    A Washington federal judge established a framework for determining which refugees should be admitted to the country, despite President Donald Trump's executive order dismantling the U.S. Refugee Admissions Program.

  • July 15, 2025

    Ex-Prosecutor With IP Roots Tapped To Lead NJ Watchdog

    The New Jersey State Commission of Investigation has appointed Bruce P. Keller, a former Debevoise & Plimpton LLP intellectual property partner who went on to fight the appeal of two "Bridgegate" figures as a federal prosecutor, as its new executive director following months of leadership controversy.

  • July 15, 2025

    Advocates Turn To Florida High Court For Bondi Ethics Probe

    A group of attorneys, law professors and former judges asked the Florida Supreme Court on Tuesday to order the Florida Bar to investigate U.S. Attorney General Pam Bondi for alleged unethical conduct.

  • July 15, 2025

    Agents Say Arrest Orders Came From Top In Free Speech Trial

    Four current or former Homeland Security Investigations supervising agents told a Massachusetts federal judge on Tuesday that orders to locate and arrest student activists whose legal status in the United States had been revoked came from higher-ups, including via memos directly from the State Department — an unusual procedure for an agency that typically deals with criminal activity.

Expert Analysis

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Key Steps For Traversing Federal Grant Terminations

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    For grantees, the Trump administration’s unexpected termination or alteration of billions of dollars in federal grants across multiple agencies necessitates a thorough understanding of the legal rights and obligations involved, either in challenging such terminations or engaging in grant termination settlements and closeout procedures, say attorneys at Holland & Knight.

  • Challenges For Fiduciaries Adding Crypto To 401(k) Plans

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    As cryptocurrencies gain popularity and their restrictions loosen, investors may become interested in adding crypto options to their retirement plans, but fiduciaries should consider how to balance the increased demand and their obligations under the Employee Retirement Income Security Act, say attorneys at Jenner & Block.

  • Birthright Ruling Could Alter Consumer Financial Litigation

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    The U.S. Supreme Court’s upcoming decision about the validity of the nationwide injunctions in the birthright citizenship cases, argued on May 15, could make it much harder for trade associations to obtain nationwide relief from the Consumer Financial Protection Bureau's enforcement of invalid regulations, says Alan Kaplinsky at Ballard Spahr.

  • FDA Commissioner Speech Suggests New Vision For Agency

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    In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.

  • Opportunities And Challenges For The Texas Stock Exchange

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    While the new Texas Stock Exchange could be an interesting alternative to the NYSE and the Nasdaq due to the state’s robust economy and the TXSE’s high-profile leadership and publicity opportunities for listings, its success as a national securities exchange may hinge on resolving questions about its regulatory and cost advantages, say attorneys at Norton Rose.

  • Pace Of Early Terminations Suggests Greater M&A Scrutiny

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    The nascent return of early termination under the Hart-Scott-Rodino Act shows a more limited use than before its 2021 suspension under the Biden administration's Federal Trade Commission, suggesting deeper scrutiny of mergers and acquisitions across the board, says Michael Wise at Squire Patton.

  • DOJ Export Declination Highlights Self-Reporting Benefits

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    The U.S. Department of Justice's recent decision not to prosecute a NASA contractor, despite a former employee pleading guilty to facilitating unlicensed exports, underscores the advantages available to companies that self-report sanctions violations, cooperate with investigations and implement timely remediation, say attorneys at Cleary.

  • Review Risk Is Increasing For Foreign Real Estate Developers

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    Federal and state government efforts have been expanding oversight of foreign investment in U.S. real estate, necessitating careful assessment of risk and of the benefits of notifying the Committee on Foreign Investment in the United States, say attorneys at Troutman.

  • Energy Order Brings Risks For Lenders And Borrowers Alike

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    A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.

  • What Employers Should Know About New Wash. WARN Act

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    Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.

  • What's At Stake As Trump Admin Targets Carbon Markets

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    Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.

  • What To Know About New Wash. Community Association Law

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    A series of recent legislative updates that greatly expand application of the Washington Uniform Common Interest Ownership Act pose significant challenges to the volunteer board members who administer and operate condos and homeowners associations, but there are ways to lessen the newly imposed administrative burden, says Tim Feth at VF Law.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Fledgling Crypto ATM Regs May Be Due For A Growth Spurt

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    As cryptocurrency ATM use and availability become more prevalent within the U.S. financial services ecosystem, states — only a few of which currently have a crypto ATM framework — may need to consider expanding legislation and regulation to accelerate consumer fraud protection practices, says Jason Noto at Polsinelli.

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