Public Policy

  • May 06, 2025

    6th Circ. Backs Convictions In FirstEnergy Scandal

    The Sixth Circuit on Tuesday backed the convictions of former Ohio House Speaker Larry Householder and Republican lobbyist Matthew Borges for their roles in a FirstEnergy Corp. bribery scandal, saying in a published opinion that the jury instructions were clear enough to draw a distinction between legal campaign contributions and bribes.

  • May 06, 2025

    ND Provides Tax Credit For Employer Child Care Contributions

    North Dakota established an income tax credit for employers that help pay for their employees' child care costs under a bill signed by the governor.

  • May 06, 2025

    Senate Panel Advances Bowman For Fed Supervision Chief

    The U.S. Senate Banking Committee on Tuesday endorsed President Donald Trump's selection of Federal Reserve Gov. Michelle Bowman to be the top bank regulatory official at the central bank, advancing her as part of his latest slate of financial nominees.

  • May 05, 2025

    DC Circ. Has Doubts About Narcolepsy Drug Appeal

    The D.C. Circuit is now set to decide whether the U.S. Food and Drug Administration was wrong to declare a rival narcolepsy treatment not the "same drug" as another produced by Jazz Pharmaceuticals Inc., after appearing highly skeptical of the drug company's arguments that it was.

  • May 05, 2025

    4th Circ. Seems Split On Fight Over DOGE's Data Access

    The Fourth Circuit on Monday seemed poised for another split on letting the government share citizens' personally identifiable information with Elon Musk's Department of Government Efficiency, with a line of questioning that parroted their earlier division over pausing the trial court's injunction blocking DOGE from accessing that data.

  • May 05, 2025

    Calif. Bar Sues Administrator Over February Exam 'Chaos'

    The State Bar of California on Monday sued the vendor it used to administer the February bar exam after "chaos ensued" as a result of pervasive technical glitches, saying the vendor misrepresented its ability to proctor the exam, and it won't hand over data that could shed light on what went wrong.

  • May 05, 2025

    Susman Godfrey Urges Court To Follow Perkins Coie EO Win

    The president doesn't have the power to "exact revenge against a law firm" for representing certain clients and causes, Susman Godfrey LLP told a D.C. federal judge Monday, asking her to "follow the same course" as the judge who granted Perkins Coie LLP permanent relief from a presidential order.

  • May 05, 2025

    Judge Details Block On Trump Targeting Sanctuary Cities

    A California federal judge on Friday elaborated on why he preliminarily blocked the Trump administration from withholding federal funds from local jurisdictions that limit their law enforcement's involvement in federal immigration enforcement, saying it doesn't matter that the administration has not yet withheld funds.

  • May 05, 2025

    High Court Urged To Back HHS Authority On Preventive Care

    The federal government urged the U.S. Supreme Court on Monday to overturn a Fifth Circuit ruling that found the U.S. Department of Health and Human Services' secretary lacked authority over a preventive healthcare services task force, arguing the HHS secretary's oversight stemmed from multiple laws and precedent.

  • May 05, 2025

    Iowa E-Cigarette Law Paused Over Federal Preemption

    An Iowa federal judge has blocked enforcement of a new state law banning the sale of certain e-cigarettes while a legal challenge to the policy plays out, with the court finding the law at issue in the suit is likely preempted by federal law.

  • May 05, 2025

    Long Island Judge Installed As Interim EDNY US Atty

    Long Island state court Judge Joseph Nocella Jr. was sworn in Monday as the interim U.S. attorney for the Eastern District of New York, a post he will hold for 120 days, or until the U.S. Senate confirms his nomination by President Donald Trump, the attorney's office announced.

  • May 05, 2025

    Judge Backs Biden-Era Protections For H-2A Farmworkers

    A North Carolina federal judge tossed a challenge to a Biden-era regulation that enhanced the organizing rights of seasonal farmworkers with H-2A visas, saying Monday that the U.S. Department of Labor didn't act arbitrarily and capriciously when it issued the regulation.

  • May 05, 2025

    Officials Seek More Depo Time In Live Nation Antitrust Suit

    U.S. officials have asked a Manhattan federal court to extend deposition time in a lawsuit accusing Live Nation of anticompetitive practices in ticket sales to live entertainment events, saying they need more hours to seek testimony from several entities and individuals who were recently disclosed in the case.

  • May 05, 2025

    CFTC Drops DC Circ. Appeal Over Kalshi's Election Contracts

    The U.S. Commodity Futures Trading Commission moved Monday to voluntarily drop its D.C. Circuit challenge over trading platform Kalshi's election contracts, which allow users to trade on the outcome of U.S. elections.

  • May 05, 2025

    House GOP Eyes Expanded CFTC Oversight Of Crypto

    House Republicans indicated Monday that they want the U.S. Commodity Futures Trading Commission to play a key role in overseeing digital asset markets, a draft proposal that followed weekend pushback from Democratic senators opposed to other crypto legislation targeting so-called stablecoins.

  • May 05, 2025

    DC Circ. Judge Doubts Fla. Plan To Permit Clean Water

    At least one D.C. Circuit judge came to the table Monday morning extremely skeptical about the government's argument to restore the U.S. Environmental Protection Agency's approval of Florida's plan to assume control of a Clean Water Act permitting program, and she wasn't pulling any punches.

  • May 05, 2025

    Medicaid Initiative Sponsor Sues To Stop New Fla. Law

    A group trying to qualify a ballot measure to expand access to Medicaid coverage in Florida filed a complaint Sunday challenging a newly signed law that places additional requirements on amendment sponsors that the group says could force it to shut down.

  • May 05, 2025

    National Guard Worker Challenges Trump Order On Gender

    The National Guard Bureau violated federal civil rights law when it barred transgender employees from using bathrooms and exercise facilities that align with their gender identity, according to a complaint Monday challenging the Trump administration's policy recognizing only two "immutable" sexes.

  • May 05, 2025

    Judge Rejects Media Matters' Bid To Move X's Case

    A Texas federal judge has shot down a bid by watchdog Media Matters for America to transfer X Corp.'s defamation case against it to the Northern District of California, saying Media Matters has waived any contractual right to transfer venues it may have had.

  • May 05, 2025

    UnitedHealth Tells Court Not To Review Special Master Report

    A special master rightly determined that no reasonable jury could render a verdict for the U.S. Department of Justice in a massive False Claims Act case targeting Medicare Advantage plans operated by UnitedHealth, the health insurance company told a D.C. federal judge.

  • May 05, 2025

    Trump Admin Urges Dismissal Of States' Abortion Pill Suit

    The Trump administration on Monday asked a Texas federal judge to dismiss a lawsuit seeking to roll back access to the abortion medication mifepristone, contending the three states pursuing the case waited too long to file and are suing in the wrong jurisdiction.

  • May 05, 2025

    Wash. Panel Quizzes State In Biologist's Vax Mandate Case

    Washington appellate judges hinted on Monday they might revive an ex-state biologist's suit claiming she was wrongfully denied a religious accommodation to keep her position without getting the COVID-19 vaccination, citing factual questions as to whether her job duties were essential and whether she was technically fired.  

  • May 05, 2025

    Calif. Stations Must Pay $32K Over File Failings, FCC Says

    Two California TV stations have agreed to pay over $30,000 and to enter compliance plans after the Federal Communications Commission said they broke agency rules by failing to maintain and upload records regarding commercial limits in children's programming.

  • May 05, 2025

    Judge Demands Answers About Student Visa Restoration

    A D.C. federal judge demanded answers from the government on the status of more than 5,000 international students who were stripped of their student immigration records last month, saying she was getting conflicting information on whether they'd been reinstated retroactively to avoid any lapses in their right to remain in the U.S.

  • May 05, 2025

    USPTO's AI Head Latest To Leave Agency

    The U.S. Patent and Trademark Office's leader for all matters related to artificial intelligence will be departing the agency, according to a source familiar with personnel moves at the agency.

Expert Analysis

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Key Takeaways From The 2025 Spring Antitrust Meeting

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    Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.

  • 3 Action Items For Innovators Amid Fintech Regulatory Pivot

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    As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.

  • What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.

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    In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.

  • How Tariffs May Affect Proxy Contests This Season

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    While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.

  • Running A Compliant DEI Program After EEOC, DOJ Guidance

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    Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.

  • A Closer Look At New NYSE, Nasdaq Listing Rule Changes

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    The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.

  • Opinion

    GENIUS Act Can Bring Harmony To Crypto-Banking Discord

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    ​​​​​​​By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.

  • Opinion

    US Reassessment Of OECD Tax Deal Is Right Move

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    The wholesale U.S. reevaluation of the Organization for Economic Cooperation and Development's global tax deal ordered by President Donald Trump is a positive step that could ultimately create a more durable international tax system, says Anne Gordon at the National Foreign Trade Council.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • The Path Forward For Construction Cos. After Calif. Wildfires

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    The increasing frequency of disastrous wildfires, like those that recently occurred in California, presents a set of complex challenges for the construction industry, including regulatory hurdles and supply chain disruptions that can complicate rebuilding efforts, say attorneys at Cozen O'Connor.

  • What 2nd Trump Admin Means For Ship Pollution Compliance

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    As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.

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