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Public Policy

  • June 02, 2025

    Amazon Gets A Look At Some Of FTC's Antitrust Suit Theory

    A Washington federal judge said Monday the Federal Trade Commission must hand over some information about the underlying legal theories in its landmark antitrust case against Amazon but mostly agreed with the agency that the company's discovery requests were "premature."

  • June 02, 2025

    Iowa Taking Fight Over E-Cigarette Law To 8th Circ.

    Iowa's Department of Revenue is taking a decision blocking it from enforcing a new law prohibiting the sale of many e-cigarettes to the Eighth Circuit, according to documents filed recently in Iowa federal court.

  • June 02, 2025

    Md. Gun Law Shouldn't Be Blocked, Baltimore Mayor Says

    Legal scholars, gun violence prevention organizations and Baltimore's city council are all lining up to tell a federal court why they think stopping the state of Maryland from enforcing a law that would hold gunmakers liable for gun-related crimes would be a bad idea.

  • June 02, 2025

    Calif. Judge Lets Some Venezuelans Keep Work Authorization

    A California federal judge has barred President Donald Trump's administration from invalidating the legal documents of about 5,000 Venezuelans whose temporary protected status was terminated, finding U.S. Department of Homeland Security Secretary Kristi Noem likely exceeded her authority in doing so.

  • June 02, 2025

    Landlord To Quit Pricing Software To Escape Antitrust Suit

    William C. Smith & Co. will be stepping out of litigation accusing the company of using property management platform RealPage to conspire with other landlords and fix the price of rentals in the D.C. area, after agreeing to reform its business practices and shell out over $1 million.

  • June 02, 2025

    Calif. Judge Certifies Class In Alien Enemies Act Suit

    A California federal judge has blocked the Trump administration from deporting people detained in his district under the Alien Enemies Act, granting certification to a class of Venezuelan detainees and ruling that they are likely to succeed in claiming that due process is required before their removal.

  • June 02, 2025

    Feds Say Groups' AmeriCorps Dispute Belong In Claims Court

    The Trump administration is fighting a bid by more than a dozen nonprofits to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million in grants and programs, arguing that the allegations can only be addressed by the U.S. Court of Federal Claims.

  • June 02, 2025

    Ore. Psilocybin Access Suit Can Continue, Judge Says

    An Oregon federal judge has ruled that the state's health regulator must face a suit brought under a federal antidiscrimination law that seeks to broaden access for homebound patients to the state's regulated psilocybin program.

  • June 02, 2025

    Jenner & Block Ruling 'Meant What It Said,' Judge Tells Feds

    The order striking down the Trump administration's executive order targeting Jenner & Block LLP "meant what it said," a Washington, D.C., federal judge ruled Monday, saying the government must rescind enforcement of all parts of the president's directive.

  • June 02, 2025

    Nevada Resorts Can Intervene In Kalshi Sports Betting Suit

    A Nevada federal judge Monday allowed a trade group representing the state's gaming and resort industries to intervene in KalshiEx LLC's ongoing dispute with state regulators over demands the trading platform remove its sports and events contracts.

  • June 02, 2025

    Trump Taps Vinson & Elkins Atty To Replace FERC Chair

    President Donald Trump on Monday nominated a Vinson & Elkins LLP attorney to replace current Federal Energy Regulatory Commission Chairman Mark Christie, whose term expires on June 30.

  • June 02, 2025

    Trump Renews Call For Justices To Lift Gov't Overhaul Pause

    President Donald Trump asked the U.S. Supreme Court on Monday to lift a California federal judge's order barring the implementation of layoffs and reorganization plans at various federal departments and agencies, arguing the order imposes nonexistent congressional limits on his presidential authority.

  • June 02, 2025

    White House Asks DC Circ. To Halt Tariff Injunction

    The White House on Monday asked the D.C. Circuit to hit pause on a lower court ruling that found President Donald Trump's tariffs unlawful, arguing the "legally indefensible preliminary injunction" would impede sensitive trade negotiations if left unchecked.

  • June 02, 2025

    Kansas City Chiefs Parade Victims Sue Gun Sellers, Organizers

    Fans who were injured in a mass shooting that broke out at the Kansas City Chiefs' Super Bowl parade last year filed a lawsuit Monday in Missouri state court accusing gun sellers of lax sales practices and the event planners of failing to employ adequate security measures.

  • June 02, 2025

    Del. Can't Escape Hospital's Challenge Of Cost Review Board

    Delaware's ChristianaCare Health Services Inc. and an affiliate won a ruling on Monday allowing the state's largest healthcare provider to move forward with one count of an eight-count constitutional challenge to a new hospital cost review board, with other counts deemed "unripe."

  • June 02, 2025

    Chief Fed. Judge Bans Conn. Courthouse Arrests, With Limits

    The chief federal judge for the District of Connecticut has issued a standing order banning law enforcement officers from arresting or detaining individuals in the state's three federal courthouses, with some exceptions for courtroom security functions and federal offices housed in shared buildings.

  • June 02, 2025

    Tech Giants Want 6 GHz Shielded From Spectrum Auctions

    As Congress looks to direct the government to sell wide stretches of the airwaves for exclusive commercial use, companies such as Meta, as well as advocacy groups, want lawmakers to continue leaving the upper 6 gigahertz spectrum band alone rather than auctioned to mobile carriers.

  • June 02, 2025

    Monthly Merger Review Snapshot

    The Federal Trade Commission finally dropped its long-pending challenge of Microsoft's purchase of video game developer Activision Blizzard, as enforcers pushed monopolization cases seeking to break up Google, Meta and Live Nation, while also pursuing several traditional merger cases. Here, Law360 looks at the major merger review developments from May.

  • June 02, 2025

    Nursing Exec Says DOJ Misapplied Justices' Fraud Ruling

    A Nevada nursing home executive convicted of wage-fixing and wire fraud has told a Nevada federal judge that a recent U.S. Supreme Court ruling in a fraud case doesn't preclude his motion for a new trial, contrary to what the U.S. Department of Justice has argued.

  • June 02, 2025

    DOJ Deal OKs $1.5B Keysight-Spirent Network Testing Merger

    The U.S. Department of Justice cut its first merger clearance deal of the Trump administration, and nearly its first settlement since a Biden-era hardline stance against most agreements, with a consent decree Monday allowing Keysight Technologies Inc. to proceed with its planned $1.5 billion acquisition of Spirent Communications PLC.

  • June 02, 2025

    Ill. Budget Increases Taxes On Tobacco, Online Sports Books

    Illinois' Democratic-controlled General Assembly passed a $55 billion budget for fiscal 2026, including about $800 million in targeted tax hikes on tobacco, vaping and online sports betting.

  • June 02, 2025

    Texas Bill Aimed At Curbing Juries' Injury Verdicts Fails

    A controversial bill that would have limited jury awards for injured Texans died Sunday after the two branches of the Texas Legislature couldn't hash out differences in the bill's language.

  • June 02, 2025

    8th Circ. OKs Nix Of Suit On Iowa's Quitting Of COVID Benefits

    The Eighth Circuit backed the dismissal of a proposed class action claiming Iowa violated workers' rights by prematurely pulling out of federal pandemic unemployment assistance programs, ruling Monday that the benefits they sought weren't protected by the U.S. Constitution.

  • June 02, 2025

    Dominion Opposes Cable Plan To Ease Utility Pole Fixes

    Dominion Energy is again criticizing a telecom industry proposal meant to expedite the process for putting communications attachments on utility poles, saying the telecom trade association behind the push is conflating simpler work lower on poles and more dangerous work above the space on poles where communications lines typically go.

  • June 02, 2025

    ÃÛÌÒÊÓÆµ, Banks Move In For Kill Of Biden-Era Open Banking Rule

    The Consumer Financial Protection Bureau and a coalition of banking trade groups have separately pushed to toss the agency's Biden-era open banking rule, with the ÃÛÌÒÊÓÆµ now contending the data-sharing mandate exceeded its legal authority and the banks calling the regime burdensome, irrational and unlawfully vague.

Expert Analysis

  • Reviewing Trump Admin's Rapid Pro-Crypto Regulatory Pivot

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    The digital asset industry has received a boost from the explicitly pro-crypto Trump administration, which in its first few months reversed Biden-era rules and installed industry proponents at regulatory agencies, marking one of the biggest regulatory about-faces by a government in recent memory, says Robert Appleton at Olshan Frome.

  • Cos. Face Enviro Justice Tug-Of-War Between States, Feds

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    The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • A 2-Step System For Choosing A Digital Asset Reporting Path

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    Under the Internal Revenue Service's new digital asset reporting regulation, each type of asset may have three potential reporting destinations, so a detailed testing framework can help to determine the appropriate path, says Keval Sonecha at Sonecha & Amlani.

  • NEPA Repeal Could Slow Down Environmental Review

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    As the Trump administration has rescinded the Council on Environmental Quality's long-standing National Environmental Policy Act regulations, projects that require NEPA review may be bogged down by significant regulatory uncertainty and litigation risks, potentially undermining the administration's intent to streamline the permitting process, say attorneys at Mayer Brown.

  • 5th Circ. Ruling Is Latest Signal Of Shaky Qui Tam Landscape

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    In his recent concurring opinion in U.S. v. Peripheral Vascular Associates, a Fifth Circuit judge joined a growing list of jurists suggesting that the False Claims Act's whistleblower provisions are unconstitutional, underscoring that acceptance of qui tam relators can no longer be taken for granted, say attorneys at Miller & Chevalier.

  • Foreign Countries Have Strong Foundation To Fill FCPA Void

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    Though the U.S. has paused enforcement of the Foreign Corrupt Practices Act, liberal democracies across the globe are well equipped to reverse any setback in anti-corruption enforcement, potentially heightening prosecution risk for companies headquartered in the U.S., says Stephen Kohn at Kohn Kohn.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • A Tale Of Two Admins: Parsing 1st Half Of SEC's FY 2025

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    The first half of the U.S. Securities and Exchange Commission's fiscal year 2025, which ended March 31, was unusually eventful, marked by a flurry of enforcement actions in the last three months of former Chair Gary Gensler's tenure and a prompt pivot after Inauguration Day, say attorneys at Jones Day.

  • A Closer Look At Amendments To Virginia Noncompete Ban

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    Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.

  • What Bank Regulator Consolidation Would Mean For Industry

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    Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.

  • Getting Ahead Of The SEC's Continued Focus On Cyber, AI

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    The U.S. Securities and Exchange Commission is showing it will continue to scrutinize actions involving cybersecurity and artificial intelligence, but there are proactive measures that companies and financial institutions can take to avoid regulatory scrutiny going forward, say attorneys at Morgan Lewis.

  • Navigating Florida's Bad Faith Reforms After Appellate Ruling

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    A Florida appellate court's recent decision is among the first to interpret two significant amendments to the state's insurance bad faith law, and its holding that one of the statutes could not apply retroactively may affect insurers' interpretation of the other statute, say attorneys at Cozen O'Connor.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • IRS And ICE Info Sharing Could Drive Payroll Tax Enforcement

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    Tax crimes are historically difficult to prosecute, but the Internal Revenue Services’ recent agreement with U.S. Immigration and Customs Enforcement to share taxpayer records of non-U.S. citizens could be used to enhance payroll tax-related enforcement against their employers, say attorneys at Holland & Knight.

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