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Public Policy

  • September 04, 2025

    PBMs Look To Toss FTC's Insulin Pricing Case

    Caremark Rx, Express Scripts and OptumRx have asked to dismiss the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices, saying the agency is exceeding its authority to address "unfairness."

  • September 04, 2025

    RFK Renews Attacks On CDC At Fiery Capitol Hill Appearance

    U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. faced intense questioning from lawmakers on Capitol Hill on Thursday, with a handful of Republicans joining Democratic senators in voicing alarm over recent turmoil in vaccine policy and in leadership at the Centers for Disease Control and Prevention.

  • September 04, 2025

    Trump's Wind Project Halt Faces Suits From Conn., RI, Ørsted

    The decision by President Donald Trump's administration to stop a nearly completed wind project slated to power the New England region was met with two lawsuits on Thursday, with the attorneys general of Connecticut and Rhode Island and developer Ørsted seeking to resume construction.

  • September 04, 2025

    FCC's Deregulatory Push Called Blueprint For Other Agencies

    A conservative group said the Federal Communications Commission's recent initiative to shed regulations viewed as obsolete should serve as a model for other federal agencies looking to slash rules.

  • September 04, 2025

    FERC Nominee Says He Supports Review Of Removal Protections

    A Federal Energy Regulatory Commission nominee said Thursday that he hopes the U.S. Supreme Court will rethink long-standing tenure protections guaranteed for members of independent agencies, raising the eyebrows of U.S. senators concerned about FERC's future under President Donald Trump.

  • September 04, 2025

    2nd Circ. Says Prison Violated Tribal Rights Of Two Inmates

    Two Native American inmates can pursue their First Amendment claims against Connecticut prison officials after they were barred from participating in sweat lodge and smudging ceremonies, the Second Circuit determined, saying there was no penological justification for the request denials.

  • September 04, 2025

    DOL Details Independent Contractor, Joint Employer Plans

    The U.S. Department of Labor is planning to undo an independent contractor rule and potentially put in place guidance on joint employer liability, among other updates, according to a regulatory agenda unveiled Thursday. Here’s a look at the wage and hour actions in the agenda.

  • September 04, 2025

    Life Insurer Accused Of Policy Rescission Scheme

    A life insurer violated Arkansas law by broadly denying policy benefits to residents for reasons causally unrelated to a given policy owner's death, a woman told a federal court, saying the state Legislature expressly prohibited such conduct more than 10 years ago.

  • September 04, 2025

    Unions Defend Challenge To Federal Work Safety Agency Cuts

    Unions representing nurses, teachers, miners and factory workers have asked a Washington, D.C., federal judge to preserve their challenge to the Trump administration's cuts to the National Institute of Occupational Safety and Health, saying they have standing to sue because they "rely on NIOSH's lifesaving work."

  • September 04, 2025

    Ex-Judicial Nominee To Challenge Senator Who Blocked Him

    A district attorney in Mississippi who was nominated for a federal judgeship, but blocked by Sen. Cindy Hyde-Smith, R-Miss., has launched a Senate bid against her.

  • September 04, 2025

    10th Circ. Revives Suit Over Colo.'s Police Info Disclosure Law

    The Tenth Circuit, in reversing a lower court's ruling, said a former process server can move forward with his challenge to a Colorado law restricting the disclosure of police officers' personal information, finding he has standing because the law could affect the server's development of "CopScore," a data-driven project aimed at police accountability.

  • September 04, 2025

    PBM Rule Included In DOL Benefits Arm's Regulatory Update

    The U.S. Department of Labor's employee benefits arm detailed several new regulations in the works Thursday, including a new fee disclosure rule involving pharmacy benefit managers and plans to revisit retirement plan fiduciary investment advice regulations, according to the administration's latest regulatory update.

  • September 04, 2025

    Wash. Justices To Review Voter Measure Backing Natural Gas

    The Washington State Supreme Court has agreed to weigh in on a dispute over a law approved by voters that prevents local governments and code officials in the state from passing rules restricting or discouraging the use of natural gas.

  • September 04, 2025

    US Steel, Nippon Drop Suit Against Cleveland-Cliffs, USW

    U.S. Steel and its new parent company, Nippon Steel, have ended their lawsuit accusing rival steelmaker Cleveland-Cliffs Inc. and the United Steelworkers union of attempting to sabotage their merger earlier this year.

  • September 04, 2025

    Nonprofits Defend Suit Over Fla. Land Purchases Ban

    Three nonprofits, a Florida real estate brokerage and a local property owner all have told a Florida federal court not to dismiss their Fair Housing Act suit challenging a state law that bans certain foreigners, such as Chinese citizens, from buying specific types of land, arguing in part that state government officials have mischaracterized their claims.

  • September 04, 2025

    ICE Releases Man After Court Found His Detention Illegal

    A Detroit man was released from immigration detention Wednesday, a few days after a Michigan federal judge ordered the government to release him or give him a bond hearing because his two-month detention without review was a violation of his due process rights.

  • September 04, 2025

    Democrats Press Trump's Fed Pick On His Independence

    Stephen Miran, a close ally of President Donald Trump, was sharply questioned by Democratic senators on Thursday about his ability to independently carry out a leadership role at the Federal Reserve's Board of Governors after he said he would refuse to resign from the president's Council of Economic Advisers if confirmed.

  • September 04, 2025

    Ohio Cannabis Card Network Sued Over Faulty Cybersecurity

    An Ohio man is suing Ohio Medical Alliance LLC in federal court, alleging that its lackluster cybersecurity measures exposed more than 950,000 records containing private health information for its users.

  • September 04, 2025

    EEOC Hit With LGBTQ+ Bias Charge From Ex-Official

    The U.S. Equal Employment Opportunity Commission's walkback on enforcing sexual orientation and gender identity discrimination protections has fostered a hostile environment for LGBTQ+ people within the agency, a former commission senior official said in a discrimination charge announced Thursday.

  • September 04, 2025

    Gov't Urges Justices To Fast-Track Emergency Tariff Suit

    The U.S. Supreme Court must consider under a proposed fast-track schedule the Federal Circuit's finding of President Donald Trump's emergency tariffs as unlawful or jeopardize the recent bilateral trade agreements and the improvements to the U.S. economy as a result of those duties, the administration said.

  • September 03, 2025

    Trump Seeks To Have Justices Toss E. Jean Carroll Verdict

    President Donald Trump said Wednesday that he's planning to challenge writer E. Jean Carroll's $5 million sexual assault finding against him at the U.S. Supreme Court, asking the high court to give him 60 days to file a petition for the justices to review "significant issues."

  • September 03, 2025

    9th Circ. Affirms Toss Of Satanists' Idaho Abortion Ban Suit

    The Ninth Circuit refused to revive the Satanic Temple's lawsuit that challenged Idaho's laws criminalizing abortion, ruling in a published amended opinion Tuesday that the religious association of more than 1.5 million Satanists lacked standing to sue, both based on its members and as an organization.

  • September 03, 2025

    DOI Casino Approval Overturned For Ignoring Tribal Input

    The U.S. Department of the Interior went beyond its authority and failed to properly consult with another local tribe when it approved the Koi Nation's plan to build a casino on newly acquired trust land, a California federal judge has ruled.

  • September 03, 2025

    NJ Cities Say Precedent Protects Immigration Enforcement Laws

    Four Garden State cities blasted a U.S. Department of Justice lawsuit accusing them of obstructing federal immigration enforcement, telling a New Jersey federal judge that the case cannot overcome precedent that upheld the state policy at issue.

  • September 03, 2025

    Fintechs Urge Judge To Let ÃÛÌÒÊÓÆµ Set Open Banking Deadline

    The fintech trade group defending the Consumer Financial Protection Bureau's in-flux open banking rule on Wednesday urged a Kentucky federal judge to defer to the agency on whether to extend compliance deadlines for the data sharing mandate and also to decline banks' request to halt the clock as the agency retools the rule.

Expert Analysis

  • How Trump Cybersecurity EO Narrows Biden-Era Standards

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    President Donald Trump recently signed Executive Order No. 14306, which significantly narrows the scope and ambition of a Biden executive order focused on raising federal cybersecurity standards among federal vendors, say attorneys at Jenner & Block.

  • Forced Labor Bans Hold Steady Amid Shifts In Global Trade

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    As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.

  • Grappling With Workforce-Related Immigration Enforcement

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    To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.

  • Opinion

    The SEC Should Embrace Tokenized Equity, Not Strangle It

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    The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.

  • Compliance Changes On Deck For Banks Under Texas AI Law

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    Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.

  • What To Do When Congress And DOJ Both Come Knocking

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    As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • How Justices' Ruling On NEPA Reviews Is Playing Out

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    Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.

  • How Sweeping Budget Bill Shakes Up Health Industry

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    With the recently passed One Big Beautiful Bill Act marking one of the most significant overhauls of federal health policy since the passage of the Affordable Care Act, providers, managed care organizations and life sciences companies must now shift focus from policy review to implementation planning, say advisers at Holland & Knight.

  • Deep-Sea Mining Outlook Murky, But May Be Getting Clearer

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    U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.

  • Legal Ops, Compliance Increasingly Vital To Antitrust Strategy

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    With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.

  • What's Next For ÃÛÌÒÊÓÆµ After 'Big Beautiful' Funding Cuts

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    While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • What To Know As SEC Looks To Expand Private Fund Access

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    As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.

  • Fla. Law Is Part Of State Trend On Curbing Foreign Influence

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    A recently effective Florida law that broadly prohibits charities from receiving or soliciting funds from individuals and entities associated with certain foreign countries, the first of its kind in the nation, follows a growing state-level focus on foreign influence regulation, say attorneys at Venable.

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