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Public Policy

  • May 22, 2025

    FTC Can't Get Amazon Execs' Financials Yet In Prime Case

    A Washington federal court has refused the Federal Trade Commission's request to immediately force several Amazon executives to turn over sensitive financial information, ruling the agency must instead wait until after trial in its case accusing the company of trapping consumers into renewing Prime subscriptions.

  • May 22, 2025

    EPA Warns States, Tribes On Clean Water Act Authority

    The U.S. Environmental Protection Agency on Thursday warned states and tribes that their authority under the Clean Water Act to veto certain water quality certifications shouldn't be used to "shut down projects" for concerns outside the law's scope.

  • May 22, 2025

    Alaska Airlines Grilled In Wash. COVID Workers' Comp Case

    Members of Washington's highest court cast doubt Thursday about Alaska Airlines' stance in a flight attendant's COVID-19 workers' compensation case, with several justices seemingly frustrated by the employer's attempt to draw a line between covered occupational disease and sickness that develops during job-related travel.

  • May 22, 2025

    FCC Clamps Down On 'Bad Labs' Seen As Security Threats

    Labs that test communications equipment flowing to the U.S. market will get a security makeover after a vote Thursday by the Federal Communications Commission.

  • May 22, 2025

    Senators Unveil DNA Privacy Bill Amid 23andMe's Ch. 11 Sale

    A bipartisan group of U.S. senators on Thursday introduced a bill designed to safeguard customers' genetic information in bankruptcy cases, saying 23andMe's plan to sell users' DNA data to a pharmaceutical company during its Chapter 11 raises new concerns surrounding consumer privacy.

  • May 22, 2025

    Fla. Can't End Tech Groups' Challenge To Social Media Law

    A Florida federal judge on Thursday denied the state's motion to dismiss a complaint brought by technology groups challenging a Florida law restricting social media companies from blocking political candidates, ruling that the plaintiffs have standing to sue on behalf of their members.

  • May 22, 2025

    Justices Urged To Undo Denial Of Fast Track For Gastro Drug

    Vanda Pharmaceuticals Inc. is asking the U.S. Supreme Court to reverse the Food and Drug Administration's decision denying fast-track approval for its gastroparesis drug tradipitant, saying it meets the statutory standard for fast-track review as a new treatment with the "potential to address unmet medical needs."

  • May 22, 2025

    Calif. Judge Likely To Extend Block On Gov't Reorg, Job Cuts

    A California federal judge indicated Thursday she'll likely convert her temporary restraining order into a preliminary injunction against President Donald Trump's executive order to reduce the federal workforce, saying the law "seems clear" that presidents cannot issue large-scale agency reductions without congressional approval and "to hold otherwise" would contradict nine previous presidents and 21 congresses.

  • May 22, 2025

    Rehab Greenhouse Violated Zoning Rules, Conn. Justices Say

    A drug rehab center's attempt to operate a 2,100-square-foot plastic greenhouse as a therapy facility on a northwestern Connecticut farm was an impermissible expansion of a previous nonconforming land use, the state's highest court ruled Thursday, overturning the center's earlier appellate court victory in a zoning dispute.

  • May 22, 2025

    Medical Pot Patient's Bias Suit Against Penske Can Proceed

    A Pennsylvania federal judge has refused to dismiss a discrimination case brought by a medical marijuana patient alleging a unit of Penske Corp. unlawfully rescinded his job offer.

  • May 22, 2025

    Suit Slams 'Abrupt And Unlawful' DOJ Grant Terminations

    Five nonprofit and community organizations whose grants were terminated by the U.S. Department of Justice have launched a class action in D.C. federal court challenging the department's "abrupt and unlawful" cancellation of $820 million in grant funding.

  • May 22, 2025

    Florida AG Wants Block On Immigration Law Paused

    The state of Florida told the Eleventh Circuit Wednesday that a block on a state law criminalizing the entry of unauthorized immigrants should be paused, arguing that the law's challengers are trying to "push precedent past its breaking point" and have no standing to enforce federal immigration law.

  • May 22, 2025

    As Trump Wields FCA, Whistleblowers May See 'Dollar Signs'

    The Trump administration's plan to use the False Claims Act to target diversity programs and alleged civil rights fraud steers a well-worn statute into uncharted territory, and could spur significant whistleblower activity amid high-profile battles with Harvard University, BigLaw firms and other institutions, experts told Law360.

  • May 22, 2025

    US, Swiss Medtech Groups Push For Tariff-Free Trade

    Eliminating tariffs for imported medical technologies between the U.S. and Switzerland and new regulatory fast-track processes would safeguard the two countries from potentially catastrophic supply chain disruptions, according to a recent statement issued by top medical technology company trade associations in the U.S. and Switzerland.

  • May 22, 2025

    Ill. AG, Trump Tower Strike $4.8M Deal To End Wastewater Row

    Illinois' attorney general announced Thursday that the state has struck a deal with the owners of Trump International Hotel and Tower in Chicago to resolve litigation over the hotel's continual underreporting of the amount of wastewater it discharges into the Chicago River, in violation of environmental laws.

  • May 22, 2025

    Federal Gov't Backs States' BlackRock Coal Investments Suit

    The federal government on Thursday threw its support behind a case from Texas and several other states that accuses investment groups including BlackRock Inc. of using their energy holdings to drive up coal prices under the guise of environmental concerns.

  • May 22, 2025

    Int'l Student Visa Record Terminations Blocked Nationwide

    A California federal judge barred the Trump administration on Thursday from detaining foreign students who had their electronic F-1 student visa records terminated, and from imposing any additional adverse legal consequences on affected international students across the country.

  • May 22, 2025

    FCC Eyes More Satellite Use Across 4 Spectrum Bands

    The Federal Communications Commission on Thursday took the next step in plans to open multiple spectrum bands to more extensive satellite use by proposing changes that officials say could free up a total of 20,000 megahertz for space-based communications.

  • May 22, 2025

    Neb. Gov. Rejects Letting Districts Tax Outside Property

    A Nebraska bill to let some local taxing districts impose taxes on property outside their boundaries, and to create statewide standards for inspections by public housing authorities, was vetoed by the state's governor.

  • May 22, 2025

    Congress Kills Calif. EV Program Waiver, Other Climate Rules

    Congress on Thursday sent President Donald Trump four resolutions undoing U.S. Environmental Protection Agency actions, including the Biden-era approval of California's effort to ban the sale of gas-powered vehicles in the state, drawing a promise of litigation from the state.

  • May 22, 2025

    DHS Says Harvard Int'l Students Must Transfer Or Leave US

    Harvard University international students must transfer away from the university or lose their legal status, the Trump administration said, after it stripped the university of its ability to enroll foreign students in the latest salvo in the showdown between the government and the Ivy League institution.

  • May 22, 2025

    Justices Allow Trump To Fire NLRB, MSPB Members, For Now

    The U.S. Supreme Court on Thursday ruled two fired members of the National Labor Relations Board and the Merit Systems Protection Board cannot return to work while they challenge President Donald Trump's authority to fire them without cause, handing the president a win in his crusade against a 90-year-old precedent limiting his power to fire employees at independent agencies.

  • May 22, 2025

    Coalition Backs Calif. Tribe's Fight Over $700M Casino Project

    A coalition of tribes weighed in on a dispute over the federal government's decision to rescind gambling eligibility for the Scotts Valley Band of Pomo Indians' $700 million casino project, questioning the federal government's perceived acquiescence to pushback from other tribes.

  • May 22, 2025

    Judge Asks If DEI Is Now 'Homogeneity, Inequity And Exclusion'

    A Massachusetts federal judge considering a challenge to the Trump administration's cuts to hundreds of National Institutes of Health grants pressed the U.S. Department of Justice on Thursday for its definition of diversity, equity and inclusion, at one point asking hypothetically whether the government's policy is now "homogeneity, inequity and exclusion."

  • May 22, 2025

    Pa. House Rep Asks 3rd Circ. For Immunity In Robocall Suit

    Counsel for a member of the Pennsylvania House of Representatives told the Third Circuit on Thursday that a federal judge was wrong to conclude the lawmaker was not immune from a Telephone Consumer Protection Act lawsuit over recorded phone messages he sent to constituents.

Expert Analysis

  • DOJ Immigration Playbook May Take Cues From A 2017 Case

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    A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.

  • Paul Atkins' Past Speeches Offer A Glimpse Into SEC's Future

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    Following Paul Atkins' Thursday Senate confirmation hearing, a look at his public remarks while serving as a commissioner at the U.S. Securities and Exchange Commission between 2002 and 2008 reveals eight possible structural and procedural changes the SEC may see once he likely takes over as chair, say attorneys at Covington.

  • McKernan-Led ÃÛÌÒÊÓÆµ May Lead To Decentralized Enforcement

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    Though Jonathan McKernan’s confirmation as director would likely mean a less active Consumer Financial Protection Bureau, the decreased federal oversight could lead to more state-led investigations, multistate regulatory actions and private lawsuits under consumer protection laws, says Jonathan Pompan at Venable.

  • How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes

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    Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.

  • Include State And Local Enforcers In Cartel Risk Evaluations

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    Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • How Del. Supreme Court, Legislature Have Clarified 'Control'

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    The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.

  • Service By Token Is Transforming Crypto Litigation Landscape

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    As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.

  • What To Expect For Stem Cell Regulation Under Trump Admin

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    The new administration's push for deregulation, plus the post-Chevron legal landscape, and momentum from key political and industry players to facilitate stem cell innovation may create an opportune backdrop for a significant reduction in the U.S. Food and Drug Administration's regulatory framework for stem cells, say attorneys at Sheppard Mullin.

  • Rebuttal

    6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • Executive Orders Paving Way For New Era Of Crypto Banking

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    Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.

  • Opinion

    After Fires, Calif. Must Streamline Enviro Reviews For Housing

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    Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.

  • How Calif. Algorithmic Pricing Bills Could Affect Consumers

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    California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.

  • Jurisdiction Argument In USAID Dissent Is Up For Debate

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    A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.

  • How Importers Can Minimize FCA Risks Of Tariff Mitigation

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    False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.

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