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Public Policy

  • June 27, 2025

    Judge Lets DOGE Access Go On But Cites 'Grave' Concerns

    A D.C. federal judge Friday voiced his "grave" concerns about the White House's Department of Government Efficiency obtaining personal information, but the district court declined to stop the U.S. Department of Labor and U.S. Department of Health and Human Services from giving this access.

  • June 27, 2025

    Senate Says AI Is In, Some Spectrum Parts Out Of Budget Bill

    The updated version of a moratorium on states' regulation of artificial intelligence is allowed to be included in the budget reconciliation package but some of the spectrum-related provisions are not, according to the latest ruling from the U.S. Senate parliamentarian.

  • June 27, 2025

    NC Appeals Court Urged To Back Firing Of General Counsel

    North Carolina's body of independent administrative law judges is urging the state appeals court to reject its former general counsel's bid to revive his claims that his politics got him fired, arguing that his position is exempt from certain workplace protections.

  • June 27, 2025

    Pregnancy Loss Draws Police Scrutiny Following Dobbs

    The nation's abortion debate has played out in civil courtrooms and state capitols across the country since the overturning of Roe v. Wade three years ago. But the battle is also emerging in another arena: the criminal courts.

  • June 27, 2025

    After Dobbs, States Become Battleground For Abortion Rights

    Three years ago, when the U.S. Supreme Court overturned the precedent set by Roe v. Wade, it did more than end nearly five decades of federal constitutional protection for abortion; it also fractured the legal landscape of reproductive rights, shifting the authority to regulate the procedure to individual states, and leading to legal uncertainty for courts, physicians and patients.

  • June 27, 2025

    How States Are Rethinking Life Without Parole For Youth

    A wave of recent state high court rulings, including a landmark decision in Michigan in April, has curtailed the use of mandatory life without parole for defendants under 21, citing evolving standards of decency and brain science. Hundreds of incarcerated individuals in Michigan are now eligible for resentencing, but the reforms face resistance from prosecutors, victims’ rights advocates, and dissenting justices who warn of consequences for public safety and judicial overreach.

  • June 27, 2025

    Greystar, Landlords Push To Toss DOJ's RealPage Suit

    Greystar Management Services LLC and several other landlords urged a North Carolina federal court to toss a rent price-fixing suit lodged by the federal government and multiple states, arguing in part that they have failed to provide specifics for their antitrust claims.

  • June 27, 2025

    Full 5th Circ. To Hear Planned Parenthood Atty Immunity Row

    The full Fifth Circuit will rehear a panel's decision concluding that Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improperly billing Medicaid programs.

  • June 27, 2025

    Trump Ends Canada Trade Talks Over Digital Services Tax

    The U.S. is ending trade negotiations with Canada because of the country's digital services tax, President Donald Trump said Friday, days before tech giants are due to file their first returns for the 3% charge on revenues they earn from Canadians.

  • June 27, 2025

    Colo. Appeals Court Clarifies Meaning Of Molotov Cocktail

    A Colorado state appeals court has ruled for the first time on the interpretation of state laws around explosives and incendiary devices, stating that lawmakers "intended 'explosive' to carry the same meaning as 'incendiary device.'"

  • June 27, 2025

    Parolees Say Feds Not Processing Benefits As Required

    Noncitizens challenging the Trump administration's termination of Biden-era parole programs called on a Massachusetts federal judge to make the government explain how it's not violating a court order to restore processing of their immigration benefits requests.

  • June 27, 2025

    Hawaii Groups Look To Block Monument Fishing Permits

    Three conservation groups are looking to set aside an April decision by the Trump administration that gave the go-ahead for permit holders to commercially fish in the waters of a Pacific Coast national monument, telling a Hawaii federal court that destructive fishing has already started in the 400,000-square-mile site.

  • June 27, 2025

    Groups Sue To Protect Everglades From 'Alligator Alcatraz'

    Environmental groups sued Homeland Security Secretary Kristi Noem and Florida officials Friday in Miami federal court in a bid to halt the construction of a migrant detention center known as "Alligator Alcatraz" in the Everglades, alleging it wasn't properly vetted for how it will impact the protected wetlands.

  • June 27, 2025

    Texas Justices Give Uri MDL Plaintiffs Chance To Replead

    The Texas Supreme Court on Friday said that thousands of plaintiffs in a multidistrict litigation stemming from winter storm Uri in 2021 could replead their gross negligence claims against transmission and distribution utility providers, giving them a chance to revive their long-running dispute over the crippling winter storm.

  • June 27, 2025

    Financial Regulators Say Banks Can Use Third-Party TIN Info

    Financial regulators on Friday said banks can collect tax identification number information from third parties, rather than just from their customers, pointing to changes in banking since the requirement was enacted under the USA PATRIOT Act.

  • June 27, 2025

    Utilities Can Depose Regulator Who Erased Texts, Judge Says

    A Connecticut judge has ruled the head of the Connecticut Public Utilities Regulatory Authority who deleted text messages included in a discovery request can be deposed by the energy companies that brought the request in their suits seeking to recover millions in revenue deficiencies.

  • June 27, 2025

    Feds Seek 3rd Circ. Stay Of Columbia Grad's Release Order

    The federal government has asked the Third Circuit to stay a New Jersey judge's order that released Columbia University graduate Mahmoud Khalil on bond, arguing that the district court lacked jurisdiction over the immigration issue and Khalil's habeas filing.

  • June 27, 2025

    Grassley Plots Next Moves After Nationwide Injunction Ruling

    Following the U.S. Supreme Court's decision Friday significantly limiting federal judges' ability to issue injunctions affecting parties outside a case, Senate Judiciary Committee Chairman Chuck Grassley is gearing up to further rein in judges with the Republicans' budget bill and standalone legislation.

  • June 27, 2025

    DOL Says No More Liquidated Damages In Wage-Hour Probes

    The U.S. Department of Labor said Friday it would no longer seek liquidated damages in wage and hour investigations, marking a shift away from its approach under the Biden administration. 

  • June 27, 2025

    Afghan Can't Halt Removal In Biden-Era Asylum Rule Suit

    A D.C. federal judge has denied a bid by an Afghan asylum-seeker to stay his imminent removal while he challenges a Biden-era rule allowing asylum officers to quickly deny requests if a mandatory bar to asylum exists.

  • June 27, 2025

    FDIC, OCC Join Fed In Pitching Plan To Ease Leverage Rule

    A Federal Reserve-backed proposal to relax a key leverage rule for the nation's biggest banks moved forward to the public comment stage Friday after securing approvals from the Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency.

  • June 27, 2025

    Feds Say Minn. 'Jumped The Gun' In Trans Athlete Policy Suit

    The Trump administration is looking to snuff out a Minnesota lawsuit over its threats to pull federal funds in connection with the state's transgender athlete policies, telling a federal judge that the challenge is premature because no final action has been decided.

  • June 27, 2025

    DC Judge Says Teen Health Projects Can 'Shutter' Temporarily

    Five Planned Parenthood affiliates will not be irreparably harmed by changes to federal guidance for teen health programs instructing grantees to demonstrate alignment with executive orders from the Trump administration rejecting transgender identity and diversity programs, a D.C. federal judge has ruled.

  • June 27, 2025

    Wireless Co. Says Feds Breached 'Rip And Replace' Promise

    Illinois-based SI Wireless LLC told a Court of Federal Claims judge the U.S. government breached a promise to reimburse it for removing Chinese-made equipment deemed a national security risk from its telecommunications network and has failed to follow through with nearly $157 million in payments.

  • June 27, 2025

    No Federal Agency Can Enforce WilmerHale EO, Judge Says

    A D.C. federal judge on Thursday amended his decision in the WilmerHale executive order litigation, clarifying amid disagreement among the parties that the underlying executive order cannot be enforced by any federal agency.

Expert Analysis

  • How Providers Can Brace For Drug Pricing Policy Changes

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    Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.

  • Comparing New Neural Data Privacy Laws In 4 States

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    Although no federal law yet addresses neural privacy comprehensively, the combined effect of recent state laws in Colorado, California, Montana and Connecticut is already shaping the regulatory future, but a multistate compliance strategy has quickly become a gating item for those experimenting with neuro-enabled workplace tools, says Kristen Mathews at Cooley.

  • 2025's First Half Brings Regulatory Detours For Fintechs

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    The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.

  • Debunking 4 Misconceptions Around Texas' IV Therapy Law

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    Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.

  • A Pattern Emerges In Justices' Evaluation Of Veteran Statute

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    The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • Psychedelic Treatment Regs May Be At A Tipping Point

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    Recent scientific and public attention suggest that development of psychedelics as treatment for some conditions may be at a tipping point, which could bring on more rapid change and opportunities for stakeholders who may in the future benefit from greater access to safe and effective psychedelic medicines, say attorneys at King & Spalding.

  • In NRC Ruling, Justices Affirm Hearing Process Still Matters

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    The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.

  • Comparing Stablecoin Bills From UK, EU, US And Hong Kong

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    For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.

  • What Baseball Can Teach Criminal Attys About Rule Of Lenity

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    Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • Focusing On Fluoride: From FDA To Class Action

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    A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.

  • How Energy Cos. Can Prepare For Potential Tax Credit Cuts

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    The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.

  • The CFTC Is Shaking Up Sports Betting's Legal Future

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    The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.

  • DOJ Atty Firing Highlights Tension Between 2 Ethical Duties

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    The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.

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