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Public Policy

  • June 10, 2025

    9th Circ. Skeptical Oregon Hospital Merger Law Is Too Vague

    A Ninth Circuit panel on Monday appeared skeptical of a hospital association's challenge to an Oregon law that grants a state agency broad power to block proposed healthcare consolidations to ensure equitable access to healthcare, with two of the three judges questioning whether federal law could limit the state's authority.

  • June 10, 2025

    Relax Power Limits, But Don't Move CBRS Users, FCC Told

    Federated Wireless is urging the Federal Communications Commission to reject a proposal to relocate the Citizens Broadband Radio Service band, telling the agency Monday that despite AT&T's claims that the band sees "low demand," it is actually home to "the largest ecosystem of any commercial band in the world."

  • June 10, 2025

    House Conservatives Push Senate To 'Rein In' Judges

    House conservatives are imploring their Senate counterparts to do more to "rein in" federal judges with the budget reconciliation package.

  • June 10, 2025

    US Judge Tells Some Agents To Disarm In Connecticut Courts

    Connecticut's chief federal judge issued a standing order Monday updating the weapons policy for the state's federal courthouses, including limiting some law enforcement officers' ability to carry weapons in certain areas without permission, a step he took not long after banning most arrests and detentions in the courthouses.

  • June 10, 2025

    Lawmakers Float NIL Bills Following NCAA Deal

    Members of Congress introduced a pair of bills Tuesday looking to establish national standards for how college athletes monetize their name, image and likeness in the wake of the landmark NCAA class action settlement last week.

  • June 10, 2025

    EU Says OK To $3.1B Intelsat-SES Merger

    Satellite titan SES SA's $3.1 billion plan to buy rival satellite operator Intelsat Holdings has won the approval of the European Commission, which has waved the merger through with no conditions.

  • June 10, 2025

    Judge Denies Calif. Tribe's Bid To Restore Gaming Eligibility

    A D.C. federal judge Tuesday declined to reinstate a California tribe's gaming eligibility for a casino-resort project in the San Francisco Bay Area while the U.S. Department of the Interior reassesses its approval, ruling that the tribe hasn't shown it would be imminently harmed by the eligibility suspension.

  • June 10, 2025

    DHS Unit Has Until Friday To Show Parole Changes Are Live

    A Massachusetts federal judge on Tuesday gave the Trump administration until Friday to confirm that U.S. Citizenship and Immigration Services has resumed adjudicating immigration benefits requests for a class of noncitizens granted entry through humanitarian parole.

  • June 10, 2025

    Health Records Co. Looks To Toss Patient Data Access Case

    PointClickCare is urging a Maryland federal court to toss a case seeking to force the medical records company to allow Real Time Medical Systems to access patient data with automated bots after the Fourth Circuit refused to lift an order requiring access while the case plays out.

  • June 10, 2025

    House 23andMe Hearing Raises National Security Concerns

    Lawmakers pressed current and former 23andMe executives during a House Oversight Committee hearing Tuesday over national security and consumer privacy in connection with a planned Chapter 11 sale of 15 million customers' DNA profiles.

  • June 10, 2025

    Power Co. Asks Justices To Settle Split In Tribal Tax Dispute

    Arizona courts were wrong to rule that an energy company located on tribal land is subject to property taxes, the company told the U.S. Supreme Court on Tuesday, urging it to address an "intolerable" state-federal split.

  • June 10, 2025

    LA Schools Get $30M Death Suit Verdict Nixed On Appeal

    A California appeals panel has wiped out a $30 million verdict against the Los Angeles Unified School District in a suit by a mother whose son was killed by an employee during Christmas break 2019, saying state law grants immunity to the district in this instance.

  • June 10, 2025

    Tribes' Effort To Overturn Ore. Casino Land Decision Halted

    A D.C. federal court judge hit pause on a bid by three tribes to vacate the U.S. Department of the Interior's final determination and environmental impact statement in a dispute over the agency's decision to take land into trust for Oregon's Coquille Indian Tribe for a proposed casino project.

  • June 10, 2025

    Feds Say NH Trans Sports Ban Suit Lacks Real Injury

    The U.S. government hopes to escape a New Hampshire lawsuit challenging both state and federal policies prohibiting transgender athletes from competing in women's sports, saying the complaint shows only "speculative future injury."

  • June 10, 2025

    Deere & Co. Must Face FTC Suit Over Repair Restrictions

    An Illinois federal judge compared John Deere's second attempt at beating a right-to-repair suit to Steve Martin's Pink Panther II reboot, calling it "predictable" and "derivative" as he again rejected the farm equipment giant's motion for judgment on the pleadings and allowed the Federal Trade Commission's case against it to proceed.

  • June 10, 2025

    Farella Braun Wins Partial Fee Award In FDIC Dispute

    A California federal judge has awarded Farella Braun & Martel LLP around $10,000 in attorney fees for the work its lawyers did for the bankrupt parent of Silicon Valley Bank, finding the receiver for the bank, the Federal Deposit Insurance Corp., failed to comply with discovery orders.

  • June 10, 2025

    FCC Temporarily Blocks Co.'s Equipment Authorization

    The U.S. leg of a Taiwanese infrastructure company hasn't been up front about who makes some of the equipment it has been selling inside the country, the Federal Communications Commission has said, so the agency is temporarily yanking its equipment authorization.

  • June 10, 2025

    SEC To Resume Review Of Swiss Adviser Registrations

    Switzerland-based investment advisers seeking to do business in the U.S. can immediately resume submitting new and pending registration applications for consideration with the U.S. Securities and Exchange Commission, regulators said Tuesday.

  • June 10, 2025

    Fed. Circ. Keeps Trump Tariffs In Place, Fast-Tracks Appeal

    The Federal Circuit on Tuesday granted the federal government's bid to keep President Donald Trump's global tariffs in place while it appeals a U.S. Court of International Trade order striking them down on the grounds that they exceeded the president's authority.

  • June 10, 2025

    Trump Wind Farm Pause Has Stalled Projects, Judge Hears

    A coalition of blue states and industry advocates told a federal judge on Tuesday that the recent mothballing of a New Jersey offshore wind project exemplifies the damage being inflicted by the Trump administration's unlawful decision to pause wind farm permitting.

  • June 10, 2025

    Thune Touts GOP's Spectrum Plan On Senate Floor

    Senate Majority Leader John Thune, R-S.D., promoted the Republicans' legislative plan to open more federal spectrum to private companies during a floor speech Tuesday.

  • June 10, 2025

    Plastic Waste Often Illegally Burned, Tax Chiefs Say

    Plastic waste shipped abroad is often illegally incinerated rather than recycled, including that in Turkey and Indonesia, the Dutch and British tax authorities said Tuesday.

  • June 10, 2025

    No Entitlement To A Cannabis Retail License, NJ Town Says

    A New Jersey municipality urged a federal court on Monday to toss a suit from a cannabis company alleging its constitutional rights were violated when the town denied its retail license application, arguing that there is no protected property interest in the issuance of the license.

  • June 10, 2025

    DOJ Denies Axing Public Safety Grants 'En Masse'

    The U.S. Department of Justice said it "carefully and individually" reviewed thousands of public safety grants before canceling hundreds of the agreements earlier this year and urged a D.C. federal judge to toss a class action contesting the grant terminations.

  • June 10, 2025

    Denver Schools Drop 'Protected Areas' Suit Against DHS

    Denver Public Schools has agreed to drop its suit challenging the U.S. Department of Homeland Security's memorandum on when immigration enforcement actions can be taken on certain "protected" locations including schools, according to a joint stipulation filed by the parties.

Expert Analysis

  • Justices Widen Gap Between Federal, Calif. Enviro Reviews

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    While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • SEC Signals Opening For Private Fund Investment Reform

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    At SEC Speaks in late May, the U.S. Securities and Exchange Commission made clear that it's considering allowing registered funds of private funds to be offered broadly to true retail investors, meaning existing funds should review their disclosures focusing on conflicts of interest, liquidity and fees, say attorneys at Stradley Ronon.

  • CIPA May Not Be Necessary To Protect Ad Tech Plaintiffs

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    A California bill designed to protect businesses from advertising technology claims under the California Invasion of Privacy Act by amending the act retroactively has been highly contested by various consumer advocacy groups, but other existing law may sufficiently protect any plaintiff who suffers actual harm from such tech, says Justin Donoho at Duane Morris.

  • Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity

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    Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.

  • What FCA Liability Looks Like In The Cybersecurity Realm

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    ​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.

  • 'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms

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    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.

  • Proposed State AI Rule Ban Could Alter Employer Compliance

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    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.

  • Operating Via Bank Charter Offers Perks Amid Industry Shift

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    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.

  • How Attorneys Can Become Change Agents For Racial Equity

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    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.

  • 5 Takeaways From DOJ's Media Compulsory Process Rules

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    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.

  • Public Cos. Must Heed Disclosure Risks Amid Trade Chaos

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    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.

  • Seven County Ruling Should Trim Agency Enviro Analysis

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    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.

  • CMS Guidance May Complicate Drug Pricing, Trigger Lawsuits

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    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.

  • Digital Equity Act Grant Terminations Raise Key Legal Issues

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    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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