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Public Policy
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June 13, 2025
Judge Denies DOJ Bid To Shield Docs In TPS Removal Suit
A California federal judge has agreed with a magistrate judge that the Trump administration must turn over documents pertaining to the removal of temporary protected status for Venezuelans and Haitians, holding that the documents are not covered by the executive branch's privilege.
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June 13, 2025
SEC's Atkins Selects New Leaders Across Several Divisions
The U.S. Securities and Exchange Commission on Friday named leaders to key divisions overseeing investment funds, stock exchanges and corporate accounting practices, marking the latest wave of fresh personnel brought in by new SEC Chair Paul Atkins.
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June 13, 2025
Midyear Report: 5 ERISA Decisions Attys Should Know
The U.S. Supreme Court revived retirement plan mismanagement allegations against Cornell University, the Sixth Circuit restarted a yacht company's suit against its health benefits administrator and American Airlines took a hit for emphasizing socially conscious investing in its 401(k) plan decisions. Here are five important decisions that came down in Employee Retirement Income Security Act cases during the first half of this year.
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June 13, 2025
Oregon Takes Cannabis Labor Peace Row To 9th Circ.
Oregon officials will appeal a federal judge's order barring enforcement of a voter-approved law that required licensed cannabis businesses to enter into labor peace pacts with their workers.
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June 13, 2025
FCC Urged To Clarify 'Quiet Hours' Call Restrictions
A telemarketing trade group is continuing to push the Federal Communications Commission to rule that recipients of solicitations during the commission's designated "quiet hours" cannot sue if they previously consented to getting messages.
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June 13, 2025
Grassley Budget Bill Calls For More Use Of Injunction Bonds
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, has released his portion of the budget reconciliation text, which would bolster the use of injunction bonds to raise the stakes for plaintiffs seeking to halt White House initiatives.
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June 13, 2025
NFL Team Says Cleveland Is Stalling In Stadium Move Fight
The Cleveland Browns hit back at the city's bid to convince an Ohio federal court to reconsider its decision to let the National Football League team amend its stadium move suit, arguing that reconsidering the ruling is unnecessary and that the city is just stalling.
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June 13, 2025
IRS, Law Firm Settle $790K Worker Credit Refund Suit
The Internal Revenue Service settled a lawsuit seeking more than $790,000 in pandemic-era worker tax credits by a law firm that had claimed the agency was delaying paying out, according to a dismissal order Friday by a Pennsylvania federal court.
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June 13, 2025
Ex-Judges Slam DOJ Bid To Block Them In Wis. Judge Case
A group of retired judges is urging a Wisconsin federal judge to deny the U.S. Department of Justice's attempt to keep them out of a criminal case against a state judge charged with hindering an arrest by immigration authorities, saying there is "neither factual nor legal support" for their amicus brief to be declined.
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June 13, 2025
Colo. Appeals Upholds State Board Rules On Teacher Reviews
A state appeals court sided with the Colorado State Board of Education in a challenge brought by an educators union against the board's new teacher performance evaluation system and the appeal process for those evaluations, precedentially ruling that the board acted within its delegated authority.
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June 13, 2025
CVS Wants To Halt Ark. Law Banning PBM-Owned Pharmacies
CVS urged an Arkansas federal judge to block a new state law from taking effect that would ban pharmacy benefits managers from owning pharmacies in the state, arguing the law shirks the U.S. Constitution by tamping down competition and discriminating against out-of-state businesses.
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June 13, 2025
NJ Judge Accepts Feds' New Bid To Keep Khalil Jailed
A New Jersey federal judge on Friday declined Columbia graduate student Mahmoud Khalil's request to be released from immigration detention after the Trump administration said earlier in the day it has alternative grounds to keep him behind bars.
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June 13, 2025
Judge Blocks Trump Voting Order Requiring Citizenship Proof
A Massachusetts federal judge on Friday blocked enforcement of what she called a likely unconstitutional Trump administration executive order requiring physical proof of citizenship to vote and invalidating ballots received after Election Day, saying the president lacks authority to override existing voting laws.
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June 12, 2025
Calif. Insurance Chief Probes State Farm's Wildfire Coverage
California Insurance Commissioner Ricardo Lara announced Thursday that he is launching an investigation into State Farm's handling of thousands of claims from the devastating Los Angeles-area wildfires, as complaints continue to grow.
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June 12, 2025
Trump Admin Parries Fed Talk As Judge Weighs NCUA Firings
A Trump administration attorney studiously deflected questions about the Federal Reserve at a Thursday court hearing on President Donald Trump's firing of two Democratic credit union regulators, leaving the central bank's independence as the elephant in the room.
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June 12, 2025
Ex-Russian Diplomat Pleads Out In Narrowed Sanctions Case
A former Russian diplomat and longtime U.S. resident on Thursday admitted to deceiving FBI agents about his knowledge of dealings between an ex-FBI agent and a purported associate of a Russian oligarch, after prosecutors dropped plans to go ahead with sanctions and money laundering charges at a trial slated to begin next week.
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June 12, 2025
Feds Urge 1st Circ. To Allow End Of Immigrant Parole Program
The Trump administration Wednesday urged the First Circuit to lift a district court's block on the federal government from rescinding temporary Biden-era removal protections from more than 500,000 Cuban, Haitian, Nicaraguan and Venezuelan immigrants, saying the U.S. Supreme Court already hinted that the order was a mistake.
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June 12, 2025
Air India Crash — Boeing 787 Dreamliner: What Do We Know?
The Boeing Co. is bracing for renewed scrutiny after Thursday's deadly crash of an Air India flight with 242 people onboard as another line of its jets — this time, its 787-8 Dreamliner — is involved in an overseas aviation disaster just as the company was eyeing a fresh chapter following its 737 Max crisis.
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June 12, 2025
Judge Pans 'Breathtaking' ÃÛÌÒÊÓÆµ Disavowal Of Redlining Deal
An Illinois federal judge Thursday refused to allow the Trump administration to abandon a recently settled Consumer Financial Protection Bureau redlining case, calling the ÃÛÌÒÊÓÆµ's bid to refund a Chicago-area mortgage lender accused of discriminatory lending practices "breathtaking."
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June 12, 2025
Judge Won't Halt Immigration Registration Rule During Appeal
A D.C. federal judge on Thursday denied advocacy groups' request for an injunction as they appeal a ruling that upholds the U.S. Department of Homeland Security's new registration form for unauthorized immigrants, finding that they have not shown that they will suffer irreparable harm without the injunction.
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June 12, 2025
Lawmakers Draw Battle Lines Over Future Of NCAA Oversight
Following the approval of a $2.78 billion settlement giving college athletes access to a groundbreaking revenue sharing system, lawmakers are beginning the delicate process of deciding how to best regulate and manage a new era of college sports.
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June 12, 2025
Dallas Developer Cleared Of Bribery Charges In Retrial
A Dallas jury cleared a real estate executive charged with attempting to bribe city council members in exchange for federal low income housing credits, finding the executive not guilty Thursday after the Fifth Circuit threw out his guilty verdict and ordered a retrial.
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June 12, 2025
Senate Dem Worries 'Salt Typhoon' Still Wreaks Havoc
The Senate's lead Democrat on spectrum issues said Thursday that last year's massive "Salt Typhoon" cyberattack linked to China may not be over and that giving wireless carriers vast amounts of new spectrum could only make U.S. networks more vulnerable.
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June 12, 2025
Florida, Sandoz Say They've Fixed Generic Drug Price-Fix Deal
The Florida Attorney General's Office and Sandoz Inc. have told a Connecticut federal court they've fixed the problems the court identified with a generic drug price-fixing settlement after other states with claims in the case objected to a clause in the deal.
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June 12, 2025
Trump's Deployment Of National Guard Illegal, Judge Says
A California federal judge on Thursday granted California's request for a temporary restraining order blocking President Donald Trump's order sending the National Guard into Los Angeles, calling the president's actions "illegal" and unconstitutional, but the decision was quickly paused by the Ninth Circuit.
Expert Analysis
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What FCA Liability Looks Like In The Cybersecurity Realm
​Two recent settlements highlight how whistleblowers and the U.S. Department of Justice have been utilizing the False Claims Act to allege fraud predicated on violations of cybersecurity standards — timely lessons given new bipartisan legislation introducing potential FCA liability for artificial intelligence use, say​ attorneys Rachel Rose and Julie Bracker.
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'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms
Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.
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Proposed State AI Rule Ban Could Alter Employer Compliance
A proposal in the congressional budget bill that would ban state and local enforcement of laws and regulations governing artificial intelligence may offer near-term clarity by freezing conflicting rules, but long-term planning would remain difficult for employers seeking safe, lawful AI deployment strategies, say attorneys at Fisher Phillips.
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Operating Via Bank Charter Offers Perks Amid Industry Shift
As bank regulators become more receptive to streamlining barriers that have historically stood in the way of de novo bank formation, and as fintechs show more interest in chartering, attorneys at Goodwin outline the types of charters available and their benefits.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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5 Takeaways From DOJ's Media Compulsory Process Rules
The U.S. Department of Justice’s new rules, making it easier for law enforcement investigating leaks to compel members of the media and third parties to disclose information, could have wide-ranging impacts, from reduced protections for journalists and organizations, to an expanded focus on nonclassified material, say attorneys at WilmerHale.
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Public Cos. Must Heed Disclosure Risks Amid Trade Chaos
Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.
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Seven County Ruling Should Trim Agency Enviro Analysis
The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.
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CMS Guidance May Complicate Drug Pricing, Trigger Lawsuits
Recent draft guidance from the Centers for Medicare & Medicaid Services proposes to expand the scope of what counts as the same qualifying single-source drug, which would significantly alter the timeline for modified drugs facing price controls and would likely draw legal challenges from innovator drug companies, say attorneys at Debevoise.
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Digital Equity Act Grant Terminations Raise Key Legal Issues
The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.
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GAO Report Reveals How Banks And Regulators Are Using AI
A U.S. Government Accountability Office report published last month makes clear that while both federal regulators and regulated entities like banks and credit unions are employing artificial intelligence to improve efficiency, they're maintaining some skepticism, say attorneys at Orrick.
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Robinson-Patman Enforcement May Fizzle Out After PepsiCo
After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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High Court Ruling Bucks Trend Of Narrowing Fraud Theories
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to establish prosecutors’ fraudulent inducement theory of fraud, is at odds with its decadeslong narrowing of federal fraud statutes’ reach, and may lead to convictions for a wide variety of contractual misrepresentations, say attorneys at Keker Van Nest.
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Calif. Air Board Offers Early Hints On Climate Reporting
As initial reporting deadlines for California's new climate reporting laws approach, guidance provided by the California Air Resources Board in a virtual public workshop sheds some light on rulemaking to come, and how to prepare for compliance during this period of uncertainty, say attorneys at Simpson Thacher.