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Public Policy
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June 18, 2025
FDA Dodges Suit Over Ozempic, Wegovy Listing
The U.S. Food and Drug Administration was able to escape allegations that it catered to Big Pharma by nixing cheaper versions of the miracle weight loss drug Ozempic, after a Texas federal judge tossed a lawsuit from two compounding pharmacies.
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June 18, 2025
DC Judge Restores Some Canceled COVID Grants For Now
A D.C. federal judge has ordered the U.S. Department of Health and Human Services to restore at least some canceled public health grants to four local governments, ruling the Trump administration likely exceeded its constitutional power when it terminated the grants in March.
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June 18, 2025
AG Paxton Says Austin Bank Contract Violates 2021 Gun Law
Texas Attorney General Ken Paxton is giving the city of Austin a month to cure a contract that he says violates a 2021 law preventing government entities from doing business with companies that discriminate against companies involved in the firearm industry.
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June 18, 2025
FTC, Amazon Trade Blows Over Attempts To End Prime Case
The Federal Trade Commission and Amazon have slammed one another in federal court filings over their competing bids to win regulators' case targeting Prime subscription enrollment practices, continuing to spar over the applicability of a consumer protection law shielding online shoppers.
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June 18, 2025
NY Tribe Looks To Block Long Island Town Code Enforcement
A Long Island tribe is asking a New York federal court to block the Town of Southampton from imposing its municipal codes on 84 acres of their lands, saying its officials are attempting to prevent them from using the site for economic gain.
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June 18, 2025
NJ Supreme Court Backs Disputed Jersey City Ward Map
A divided New Jersey Supreme Court upheld the validity of Jersey City's ward map, ruling Wednesday that the ward commission acted within its discretion under the state's Municipal Ward Law.
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June 18, 2025
Judge Skeptical That Assa Abloy Needn't Extend Supply Deal
A D.C. federal judge suggested Tuesday that Assa Abloy faces an uphill fight resisting efforts by its divestiture buyer to extend a supply agreement inked as part of an asset sale deal resolving a U.S. Department of Justice merger lawsuit.
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June 18, 2025
Texas Judge Keeps Bar On Removing Colo. Attacker's Family
A Texas federal judge on Wednesday agreed to extend a temporary restraining order barring the Trump administration from immediately deporting the wife and children of an Egyptian man accused of violently attacking peaceful pro-Israel demonstrators earlier this month.
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June 18, 2025
Union Urges Del. Justices To Refloat BofA Benefit Card Suit
Delaware's chief justice pressed an attorney for Bank of America stockholders Wednesday to "drill down to the bad faith" during an appeal for revival of a Chancery Court suit accusing the company of intentionally prioritizing profits over compliance in managing unemployment benefit cards during the COVID-19 pandemic.
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June 18, 2025
Senate Panel Sets Vote On Trump Nominees For EEOC, DOL
A Senate panel announced on Wednesday a June 26 vote that will affect who will chair the U.S. Equal Employment Opportunity Commission and the Trump administration's picks to lead the U.S. Department of Labor's Wage and Hour Division and employee benefits arm.
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June 18, 2025
Harris County, Trump Admin Drop Suit Over Refugee Funds
Harris County and the Trump administration have agreed to drop the former's lawsuit alleging the government was unlawfully freezing federal funds for a Houston-area refugee resettlement program.
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June 18, 2025
California Bar Exam Woes Latest Chapter In Ongoing Scrutiny
Recent headline-grabbing blunders with the February California bar exam represent a stumbling block in a yearslong effort to reshape the exam, with an eye toward equity and accessibility for the more than 10,000 applicants who sit for the exam each year.
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June 18, 2025
Jeanine Pirro Faring Better Than Earlier Pick For DC US Atty
President Donald Trump's second pick for U.S. attorney for the District of Columbia, former judge and Fox News host Jeanine Pirro, seems to be having an easier time than the previous contender, Ed Martin.
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June 18, 2025
Union Praises NY Bills On AI In Advertisements, Digital Rights
Entertainment labor union SAG-AFTRA has applauded the passage of two bills by the New York State Legislature that would require the disclosure of advertisements' use of artificial intelligence-generated performers and for permission to be obtained to use digital renderings of deceased performers in expressive works.
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June 18, 2025
Trump Organization Taps DLA Piper Atty As Ethics Adviser
President Donald Trump's family business said Wednesday that it has named a leader of DLA Piper's government affairs and public policy practice as its outside ethics adviser.
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June 18, 2025
NC Bar Lacks Power To Punish NY-Licensed Atty, Panel Rules
The North Carolina State Bar can't discipline lawyers who may reside in the state but are not licensed to practice there, a state appellate panel ruled Wednesday in reversing the disbarment of an immigration attorney who lives in the Tar Heel State but is licensed in New York.
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June 18, 2025
Ex-Public Defender Says Bogus Bias Reports Got Her FiredÂ
The former chief public defender for Allegheny County, Pennsylvania, said Wednesday in a lawsuit that she was wrongfully accused of racial bias and unilaterally fired by the county manager, rather than by the county executive who had appointed her.
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June 18, 2025
Senate Adds Full 5-Year Term For New FCC Commissioner
The U.S. Senate on Wednesday confirmed Olivia Trusty, a newly added member of the Federal Communications Commission, to serve another five years in addition to the term ending June 30 that lawmakers had approved the day before.
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June 18, 2025
Judge Says A Ruling Unfreezing Wind Projects May Be Pyrrhic
A Massachusetts federal judge said on Wednesday he will allow key claims to move forward in a suit challenging the Trump administration's halt of wind farm project reviews, yet he suggested even if the plaintiffs ultimately prevail, the administration could still simply deny requests for permits and leases.
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June 18, 2025
Mich. Housing Co-Op Suit On Hold After Disclosure Exemption
A Michigan federal judge hit pause on a lawsuit from a group of housing cooperatives to escape requirements of the Corporate Transparency Act after the Financial Crimes Enforcement Network said it would give U.S.-based entities a break from the rules.
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June 18, 2025
DOL Noms Vow To Confront Child Labor, Back Davis-Bacon
President Donald Trump's nominees for key U.S. Department of Labor roles told a U.S. Senate panel Wednesday they will go after unlawful child labor and enforce prevailing wages under the Davis-Bacon Act, painting a picture of what the agency could look like as its leadership team rounds out.
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June 18, 2025
Justices Say 'Exhaustion' In Prisoner Suits Is A Jury Question
The U.S. Supreme Court narrowly ruled on Wednesday that prisoners have a right to a jury trial when there's a factual dispute over whether they properly exhausted prison grievance procedures — a key requirement before suing over prison conditions under federal law.
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June 18, 2025
Supreme Court Says Biofuel Waiver Fights Belong In DC Circ.
The U.S. Supreme Court on Wednesday ruled that the D.C. Circuit is the proper venue for challenges to the U.S. Environmental Protection Agency's denial of biofuel waivers to small refiners, while state-level disputes over national ozone air quality standards must be heard in regional circuit courts.
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June 18, 2025
Supreme Court Upholds Tennessee Transgender Care Ban
The U.S. Supreme Court on Wednesday upheld a Tennessee ban on gender-affirming medical care for minors, finding that the state law does not violate the equal protection clause.
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June 18, 2025
High Court Says Texas Can't Challenge Nuclear Waste Site
The U.S. Supreme Court on Wednesday said Texas and a mineral owner could not challenge the Nuclear Regulatory Commission's approval of a temporary nuclear waste storage facility in the state, while sidestepping the issue of whether the agency is authorized to license such facilities.
Expert Analysis
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Philly Law Initiates New Era Of Worker Protections
A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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5 Open Questions About FDA's AI-Assisted Review Plans
The U.S. Food and Drug Administration recently touted the completion of a generative artificial intelligence program for scientific reviewers and plans for agencywide deployment to speed up reviews of premarket applications, but there is considerable uncertainty surrounding the tools' ability to protect trade secrets, avoid bias and more, say attorneys at King & Spalding.
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Bid Protest Spotlight: Jurisdiction, Price Range, Late-Is-Late
In this month's bid protest roundup, Thomas Lee at MoFo examines three May decisions from the U.S. Court of Federal Claims examining the court’s jurisdiction to rescind an executive order, the impact of agency error in establishing a competitive price range and application of the late-is-late rule to an electronic filing.
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How Trump Administration's Antitrust Agenda Is Playing Out
Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.
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Justices' Ruling Lowers Bar For Reverse Discrimination Suits
The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees — and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.
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Fed's Crypto Guidance Yank Could Drive Innovation
The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.
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DOE Grant Recipients Facing Termination Have Legal Options
Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Loophole To Budget Bill's AI Rule May Complicate Tech Regs
An exception in the One Big Beautiful Bill Act that could allow state and local governments to develop ostensibly technology-neutral laws that nonetheless circumvent the bill’s ban on state artificial intelligence regulation could unintentionally create a more complex regulatory environment for technologies beyond AI, says Pooya Shoghi at Lee & Hayes.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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Prior Art Ruling Highlights Importance Of Detailed Elaboration
The U.S. Patent and Trademark Office's recent decision in Ecto World v. RAI Strategic Holdings shows that when there is a possibility for discretionary denial, and the examiner has potentially overlooked prior art, patent owners should elaborate on as many of the denial factors as possible, says Frank Bernstein at Squire Patton.
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Dissecting House And Senate's Differing No-Tax-On-Tips Bills
Employers should understand how the House and Senate versions of no-tax-on-tips bills differ — including in the scope of related deductions and reporting requirements — to meet any new compliance obligations and communicate with their employees, say attorneys at Greenberg Traurig.
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OCC's Digital Embrace Delivers Risk, Opportunity For Banks
As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.
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High Court Birthright Case Could Reshape Judicial Power
Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.