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Public Policy
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June 11, 2025
DOJ Says Newsom Can't Ask Court To Halt Guard Deployment
The Trump administration is telling a California federal judge its decision to federalize the National Guard is unreviewable in court, calling California Gov. Gavin Newsom's effort to stop the takeover "a crass political stunt" in a new filing Wednesday.
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June 11, 2025
FCC Dem's Job Safe For Now As Agency Ranks Shrink
The Federal Communications Commission is running on a shoestring when it comes to high-level decisions, with only a Republican chair and Democrat left in charge after recent departures that have made the agency's chairman unable to move major initiatives.
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June 11, 2025
3rd Circ. Seems Skeptical Of NJ Town's Car Seizure Process
The Third Circuit seemed open Wednesday to a bid by Honda's leasing arm to have a Garden State town's towing ordinance deemed unconstitutional, with judges appearing doubtful that it adequately provides for due process.
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June 11, 2025
Senate Commerce Dems Demand Review Of Cruz Budget Bill
Democrats on the Senate Commerce, Science, and Transportation Committee urged the chair on Wednesday to hold a formal markup for their reconciliation proposal, which includes a spectrum deal, instead of fast-tracking it to the Senate floor.
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June 11, 2025
Trump DOJ Clears Path To Shrink Or Abolish Nat'l Monuments
National monuments protected by past U.S. presidents can be abolished or made smaller by President Donald Trump, according to an opinion from the Department of Justice's Office of Legal Counsel.
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June 11, 2025
DOJ Says Abrego Garcia's Return Moots His Removal Suit
U.S. Department of Justice attorneys told a Maryland federal judge they will soon ask the court to dismiss Kilmar Abrego Garcia's suit challenging his erroneous removal to El Salvador, saying his return to the U.S. to face criminal charges moots the matter.
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June 11, 2025
DC Attys Say They Had Small Role In 2020 Mich. Election Suit
A pair of Washington, D.C., attorneys on Wednesday urged a disciplinary panel to dismiss ethics claims against them, telling the panel that they had no control over the filing of a complaint challenging the 2020 presidential election results that was later found to be frivolous.
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June 11, 2025
Debt Collectors Push FCC To Shed Consumer Contact Rules
Debt collectors are adding their two cents to the Federal Communications Commission's request for unnecessary regulations that should be eliminated, calling on the agency to eliminate an upcoming rule that would make it easier for individuals to stop future robocalls and texts.
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June 11, 2025
DOJ Legal Policy Chief, Adviser On Judge Selections, Resigns
Aaron Reitz, a top U.S. Department of Justice official who works on judicial nominations, announced Wednesday he's resigning after being confirmed for the role on March 26.
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June 11, 2025
Developers Urge Revival Of Suit To Unseat Miami Official
Two real estate developers seeking to unseat a Miami commissioner from office following a $63.5 million judgment for civil rights violations told a Florida appeals court Wednesday that the city's charter provides for the removal of a public official found to have violated their office.
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June 11, 2025
House Budget Would Strong-Arm Foreign Gov'ts, Experts Say
The U.S. House-passed budget would discard the tax-exempt status of foreign governments and entities connected to them, such as sovereign wealth funds, and impose escalating tax rates if those countries employ fiscal policies that lawmakers consider unfair, according to several experts.
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June 11, 2025
ACLU Seeks To Halt Quick Removals After Courthouse Arrests
The American Civil Liberties Union asked a D.C. federal judge to postpone implementation of a rule and guidance expanding expedited removals of noncitizens to the interior U.S., after immigration officials started detaining immigrants at courthouses.Â
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June 11, 2025
Denver Appeals Decision Limiting Dam's Expansion
The City and County of Denver has asked the Tenth Circuit to review a lower court decision that barred its municipal water utility from fully completing a hydroelectric dam expansion project.
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June 11, 2025
Union Pacific Can Appeal BIPA Retroactivity At 7th Circ.
An Illinois federal judge on Tuesday allowed Union Pacific to pursue an early appeal of her finding that a recent amendment to Illinois' biometric privacy law limiting companies' exposure does not apply retroactively, recognizing the "novelty and complexity of the legal issue" and allowing the Seventh Circuit the opportunity to weigh in.
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June 11, 2025
Del. Justices OK Early Review Of New Corp. Liability Shield
Delaware's justices agreed to a fast-tracked state constitutional review Wednesday for questions in a Court of Chancery case affected by state legislation approved in March that expanded and made retroactive "safe harbor" liability shields for conflicted corporate directors or controllers.
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June 11, 2025
Trump Presses 2nd Circ. To Federalize Hush Money Appeal
Counsel for President Donald Trump on Wednesday urged the Second Circuit to take over the appeal of his New York state hush money conviction post-trial, saying a federal judge in Manhattan wrongly denied removal, and the landscape has now changed in light of the U.S. Supreme Court's landmark presidential immunity decision.
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June 11, 2025
Trump Pick For IRS Chief Clears Key Senate Hurdle
President Donald Trump's nominee to serve as commissioner of the Internal Revenue Service survived a key procedural vote Wednesday in the Senate, setting the stage for the chamber to proceed with a final vote on his confirmation.
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June 11, 2025
Lockheed Not Liable For Reporting Employee To Government
Lockheed Martin is shielded from a former employee's defamation and other claims that were based on the defense contractor's mandatory reporting of suspected misconduct, a Massachusetts intermediate appellate court ruled Wednesday.
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June 11, 2025
Oklahoma Pot Agency Wants Claims Tossed In Retaliation Suit
The Oklahoma Medical Marijuana Authority is urging a federal court to throw out Title VII and Age Discrimination in Employment Act claims in a suit by a former contract monitor who alleges she was fired for whistleblowing.
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June 11, 2025
DOL, EEOC Noms To Go Before Senate Panel
President Donald Trump's nominees for key roles in the U.S. Department of Labor and U.S. Equal Employment Opportunity Commission will stand before a Senate committee next week, the panel said Wednesday.
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June 11, 2025
Ex-Copyright Leader Says Firing Risks 'Inoperable' Agency
The fired leader of the U.S. Copyright Office has asked a D.C. federal judge to block the Trump administration's action while she challenges her termination, arguing that significant functions of the government agency could be rendered "inoperable" without judicial intervention.
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June 11, 2025
Trade Groups Revive Suit Over Colo., Denver Efficiency Rules
A collection of trade groups renewed their arguments in Colorado federal court against rules set by the state and city of Denver establishing energy efficiency standards for buildings and limiting the use of natural gas appliances after the policies underwent a recent revision.
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June 11, 2025
Gun Groups Sue NJ, Bondi Over Handgun Age Restriction
A would-be handgun owner and a pair of firearms groups are suing New Jersey Gov. Phil Murphy, law enforcement officials and Attorney General Pam Bondi in federal court, alleging that state and federal age-based prohibition against owning handguns is unconstitutional.
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June 11, 2025
4th Circ. To Hear Arguments In Army Boarding School Row
The Fourth Circuit has set arguments in a dispute between the Winnebago Tribe of Nebraska and the U.S. Army over the return of remains of two of the tribe's children that are buried in the Carlisle Indian Boarding School cemetery in Pennsylvania.
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June 10, 2025
House Ag Committee Advances Crypto Market Structure Bill
The House Committee on Agriculture on Tuesday advanced a bill to regulate digital asset markets with broad bipartisan support despite concerns from Democrats that the U.S. Commodity Futures Trading Commission will need more funding to accomplish the broad crypto mandate contemplated by the bill.
Expert Analysis
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Expect Eyes On Electronic Devices At US Entry Points
Electronic device searches are becoming common at U.S. border inspections, making it imperative for companies to familiarize themselves with what's allowed, and mandate specific precautions for employees to protect their privacy and sensitive information during international travel, say attorneys at Seyfarth.
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Big Tech M&A Risk Under Trump May Resemble Biden Era
Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.
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A Breakdown Of Trump's Order On Drug Pricing
The Trump administration may attempt to effectuate through rulemaking a recently issued executive order on lowering drug prices, which would likely have an adverse effect on stakeholders and trigger litigation, say attorneys at Debevoise.
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FTC Focus: Interlocking Directorate Enforcement May Persist
Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.
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Calif. Climate Superfund Bill Faces Legal, Technical Hurdles
California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change — but its pending climate Superfund legislation, if enacted, is certain to face legal pushback and daunting implementation challenges, says Donald Sobelman at Farella Braun.
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How Cos. Can Navigate Risks Of New Cartel Terrorist Labels
The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.
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Cosmetic Co. Considerations As More States Target PFAS
In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
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What We Lost After SEC Eliminated Regional Director Role
Former U.S. Securities and Exchange Commission Regional Director Marc Fagel discusses the recent wholesale elimination of the regional director position, the responsibilities of the job itself and why discarding this role highlights how the appearance of creating a more efficient agency may limit the SEC's effectiveness.
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Mass. Suit Points To New Scrutiny For Home Equity Contracts
The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.
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Unpacking Copyright Office's AI Report Amid Admin Shakeups
Though recent firings have thrown the U.S. Copyright Office into turmoil, the latest entry in its report on artificial intelligence can serve as a road map for litigants, persuasive authority for courts and input on the legislative process, say attorneys at Epstein Becker.
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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Hints Of Where Enforcement May Grow Under New ÃÛÌÒÊÓÆµ
Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the ÃÛÌÒÊÓÆµ seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.
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Only Certainty About FAR Reform Order Is Its Uncertainty
The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.