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Public Policy

  • September 17, 2025

    Judge Rejects Trump Admin's Bid To Shield Climate Group

    A Massachusetts federal judge on Wednesday rejected the Trump administration's assertion that its climate change working group is exempt from a statute governing the transparency of advisory committees, but also denied environmentalists' push to get their hands on the group's records.

  • September 17, 2025

    Crypto Exchange Bullish Gets BitLicense From NY Regulator

    Venture-backed crypto exchange Bullish announced Wednesday that it has obtained a so-called BitLicense from the New York State Department of Financial Services, allowing it to offer crypto spot trading and custody to institutions and sophisticated investors in the state.

  • September 17, 2025

    Del. Judge's US Atty Application Plan Draws Blanche's Ire

    Delaware's chief district judge, a Trump appointee, is seeking applications for the state's U.S. attorney position to prepare for an upcoming vacancy in the interim position, a move that drew the ire of Deputy U.S. Attorney General Todd Blanche on Wednesday.

  • September 17, 2025

    9th Circ. Denies Appeal Of Wash. Anti-Vaxxers' Med Board Suit

    The Ninth Circuit on Wednesday rejected an appeal brought by Robert F. Kennedy Jr. on behalf of anti-vaxxers challenging a Washington state medical board's disciplinary proceedings against doctors who allegedly spread false information about COVID-19.

  • September 17, 2025

    Colo. Judge Certifies U Visa App In GEO Forced Labor Suit

    A Colorado federal judge certified a U visa application for the class representative in a 2014 suit involving forced labor claims against private prison company GEO Group, after he told the court that immigration officials said he could be detained during a check-in this week.

  • September 17, 2025

    Probationer's Speech Not A 'True Threat,' NC Panel Finds

    Statements a probationer made to a friend while stressed out and fearful over going to jail did not constitute a "true threat," so a trial court erred when it found him in violation of his probation, a North Carolina state appeals court panel ruled Wednesday.

  • September 17, 2025

    Boeing, DOJ Say FAA Fines Don't Sway Conspiracy Case

    Boeing and the federal government have told a Texas federal judge that the Federal Aviation Administration's recent proposal to fine Boeing $3.1 million for safety violations shouldn't factor into the 737 Max 8 criminal conspiracy case they're hoping to have wiped from the docket.

  • September 17, 2025

    FCC Told To Take Care When Adding AI To Public Alerts

    As the Federal Communications Commission mulls how to best overhaul its emergency alert rules, one California county is warning the agency to tread carefully when it comes to adopting emerging technologies like artificial intelligence.

  • September 17, 2025

    FDA Says Vape Manufacturer Lying About Marketing Approval

    The U.S. Food and Drug Administration on Tuesday sued manufacturers of flavored vapes in New Jersey federal court to seek an end to their sales, saying that they are falsely representing that their products had received marketing approval.

  • September 17, 2025

    9th Circ. Seems Split On School Principal's Free Speech Suit

    A Ninth Circuit panel appeared split on Wednesday over a Washington state public school employee's claims that he was unfairly punished for a political rant on Facebook, with one judge pushing back on his stance that he was speaking privately while also balking at the district's position that the post was disruptive.

  • September 17, 2025

    Criminal Restitution Fails Defendants, Victims, Report Says

    Federal criminal restitution often fails to benefit victims of crime and throws defendants into a "Sisyphean struggle" with debt, with $100 billion in outstanding restitution deemed uncollectable, according to a report released this week by the National Association of Criminal Defense Lawyers.

  • September 17, 2025

    Media Matters Again Denied Transfer Of X's Nazi Posts Suit

    Media Matters for America must remain in Texas for X Corp.'s defamation lawsuit over a story about ads running alongside Neo-Nazi content, after a federal judge again refused Tuesday to transfer the case to California following a Fifth Circuit decision nixing a previous rejection of transfer.

  • September 17, 2025

    Don Jr.-Backed Patent Co. Hires Nokia Licensing Exec

    SIM IP, the newest venture by high-profile patent monetizer Erich Spangenberg, has brought on Nokia's chief licensing officer to serve as managing director.

  • September 17, 2025

    Tribal Members Tell 9th Circ. Tariff Suit Belongs In Fed. Court

    Counsel for members of the Blackfeet Nation tribe told the Ninth Circuit on Wednesday their suit challenging President Donald Trump's emergency tariffs should stay in federal district courts, where constitutional and congressional claims over tribal commerce must be heard.

  • September 17, 2025

    3rd Circ. Weighs Limits On NJ Medical Aid In Dying Act

    The Third Circuit on Wednesday considered whether a Delaware woman with terminal cancer can challenge New Jersey's residency requirement for medical aid in dying, even though she has yet to be certified as having six months or less to live.

  • September 17, 2025

    Trump Admin Can't Get Suit Challenging Voting Order Tossed

    A Massachusetts federal judge declined Wednesday to dismiss a lawsuit challenging the Trump Administration's executive order requiring physical proof of citizenship to vote and invalidating ballots received after Election Day.

  • September 17, 2025

    8th Circ. Backs Dismissal Of FDIC Fee Guidance Challenge

    The Eighth Circuit on Wednesday rejected a banking industry challenge to Biden-era Federal Deposit Insurance Corp. guidance that cautioned banks about charging recurring fees on declined transactions, ruling the matter not ripe for court review.

  • September 17, 2025

    Texas Judge Slashes Suit Over Anti-Sanctuary Law

    A Texas federal judge gutted a suit by local governments and officials challenging a Texas law prohibiting local officials from limiting cooperation with federal immigration enforcement, tossing claims against the state and Gov. Greg Abbott and leaving Attorney General Ken Paxton as the sole state defendant.

  • September 17, 2025

    Satellites Belong In FCC's Enviro Reviews, Agency Told

    The Federal Communications Commission can't justify excluding potentially luminous satellites from environmental reviews keyed to industries under its jurisdiction, a group fighting light pollution said.

  • September 17, 2025

    House Votes To End DC Judicial Nominations Commission

    The U.S. House of Representatives voted 218-211 along party lines on Wednesday to eliminate the commission that vets and picks potential judicial nominees for Washington, D.C.'s local courts.

  • September 17, 2025

    Charter Can't Dodge Cable Royalties In Texas, 5th Circ. Rules

    Charter Communications cannot avoid paying a 3% royalty for the use of cable permits in three Texas cities' rights of way, regardless of a change in state permitting law, the Fifth Circuit ruled Wednesday.

  • September 17, 2025

    Democrats Push Wealth Tax Targeting Billionaires' Assets

    Billionaires would pay higher taxes on their unrealized gains from property, stocks and other valuable assets under legislation reintroduced Wednesday by Senate Finance Committee ranking member Ron Wyden and other congressional Democrats.

  • September 17, 2025

    Texas Justices Don't Touch Block Of Local Pot Amnesty Law

    The Texas Supreme Court will not review an appellate panel's decision blocking the city of San Marcos from going forward with a voter-approved ordinance that limited local police from enforcing laws on low-level marijuana offenses.

  • September 17, 2025

    DOJ & Google Going To Trial, Again, On Ad Tech Remedies

    The Justice Department goes to trial next week to try breaking up Google's advertising placement technology business after a Virginia federal court declared the company an illegal monopolist in ad tech.

  • September 17, 2025

    IRS-ICE Pact Allows For Mass Tax Data Swaps, DC Circ. Told

    An information sharing agreement between the IRS and immigration enforcement agencies allows for disclosure of confidential tax information on a mass scale, as evidenced by an IRS official's declaration in a taxpayer group's suit, immigration advocacy groups challenging the agreement told the D.C. Circuit on Wednesday.

Expert Analysis

  • How The Genius Act May Aid In Fight Against 'Pig Butchering'

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    ​​​​​​​The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.

  • Assessing Strategies For Mixed-Use Pro Sports Projects

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    Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.

  • Opinion

    Congressional Bid Protest Concerns Lack Evidence

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    The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.

  • Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop

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    There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.

  • Biosolid Contaminants Spawn Litigation, Regulation Risks

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    While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.

  • When Misconduct Can Trigger Bank Industry Employment Ban

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    The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.

  • Filing Clarifies FTC, DOJ's Passive Investment Stance

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    The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Adapting To USPTO's Tighter Inter Partes Review Rules

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    The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.

  • Opinion

    Aviation Watch: Liability Lessons From 737 Max Blowout

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    The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.

  • Genius Act Sets Stablecoin Standards — Without Regulation E

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    While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.

  • Breaking Down The Proposed Hemp Bill

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    A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.

  • Opinion

    Sometimes Int'l Competition Should Trump Antitrust Concerns

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    The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.

  • Divest Order Shows How Security Fears Extend CFIUS Scope

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    A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.

  • Art Market Must Prepare For More AML Scrutiny

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    Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.

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