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Public Policy

  • June 03, 2025

    Fed. Bill Pushes For Streamlined Access To Tribal Disaster Aid

    A trio of Washington state federal lawmakers has reintroduced a bill in the U.S. House of Representatives that would fast-track the process for tribal nations to apply for resources to manage the impact of extreme weather and natural disasters, and address their environmental resiliency and relocation goals.

  • June 03, 2025

    Senate Panel Advances Trump's Pick To Lead IRS

    The Senate Finance Committee approved President Donald Trump's selection of former U.S. Rep. Billy Long to serve as commissioner of the IRS on Tuesday, sending the nomination to the full Senate.

  • June 03, 2025

    US Withdraws From El Paso Tribal Land Ownership Dispute

    The U.S. says it no longer wants to intervene in a dispute between the Ysleta del Sur Pueblo and the city of El Paso, Texas, over 155 acres of land, a shift in position from the prior administration that argued it never authorized non-Native Americans to usurp the tribe's property.

  • June 03, 2025

    KKR Says DOJ Merger Notice Suit Rewrites HSR Act

    KKR pushed a New York federal judge to dismiss a U.S. Department of Justice lawsuit seeking fines that could top $650 million, arguing that in defending claims the private equity giant failed to notify two mergers and deleted key documentation from notifications, enforcers are trying to "expand" merger filing requirements.

  • June 03, 2025

    Supreme Court Won't Hear Mich. Gym's COVID Closure Suit

    The U.S. Supreme Court on Monday said it would not hear a petition from a Michigan gym seeking compensation from the state for the economic losses it suffered after being forced to scale back services or close during the height of the COVID-19 pandemic.

  • June 03, 2025

    Fla. Jury Finds CEO Guilty In $1.4B Medicare Fraud

    A Florida federal jury on Tuesday found a software company CEO guilty of participating in a scheme to coordinate illegal medical kickbacks through an internet platform, resulting in about $1.4 billion worth of false billings to Medicare and other insurers for unnecessary medical products, including orthotic braces.

  • June 03, 2025

    Bills Texas Attys Should Know From The 2025 Session

    Texas lawmakers wrapped up the state's 89th legislative session this week, passing a number of bills on topics like artificial intelligence and social media, business law and the authorities granted to the attorney general.

  • June 03, 2025

    Wells Fargo Free To Grow After Fed Ends $2T Asset Cap

    The Federal Reserve announced Tuesday that it has lifted the $2 trillion asset cap it imposed on Wells Fargo & Co. as part of a 2018 enforcement action stemming from the so-called fake accounts scandal, finding the bank has met all conditions required by the regulator.

  • June 03, 2025

    Apple Challenging EU's Interoperability Requirements

    Apple is challenging new rules imposed by European enforcers that require iPhones and iPads to work more seamlessly with third-party devices, saying the rules create privacy and security risks for users and threaten to hamper innovation.

  • June 03, 2025

    DC Judge Agrees To Pause Tariff Injunction

    A D.C. federal judge on Tuesday agreed to stave off a preliminary injunction that blocked the Trump administration from collecting tariffs on two toy makers while the government appeals the ruling.

  • June 03, 2025

    2nd Circ. Says Social Worker Can't Challenge NY Abortion Law

    The Second Circuit on Tuesday rejected a social worker's constitutional challenge to a New York law decriminalizing abortion, finding that she lacked standing to sue because she couldn't identify any specific fetus facing harm.

  • June 03, 2025

    Former GC To Sen. Scott Sworn In As Northern Fla.'s US Atty

    A former deputy chief of staff and general counsel to U.S. Sen. Rick Scott was sworn in Monday as the 42nd U.S. attorney in the Northern District of Florida after having served in the role on an interim basis since President Donald Trump nominated him for the post.

  • June 03, 2025

    USTR Extends Exclusions From 2018 China Tariffs

    The Office of the U.S. Trade Representative has extended tariff exclusions for certain products from China under a set of 2018 trade measures aimed at what the U.S. described as Beijing's restrictive intellectual property rules.

  • June 03, 2025

    Hemp Cos. Say Md. Pot Law Cuts Them Out Of State's Market

    A group of hemp businesses and buyers is suing Maryland and its cannabis regulator, saying the state is using a 2023 law and licensing scheme to push the companies out of the market by only allowing licensed marijuana dispensaries to sell federally legal hemp products.

  • June 03, 2025

    Judge Extends Block On Post-Pandemic School Funding Cuts

    A Manhattan federal judge on Tuesday maintained a block on a Trump administration move to halt funding for education-related COVID-19 pandemic recovery efforts, after lawyers for New York and other states said the feds are trying to get around an earlier injunction.

  • June 03, 2025

    Irish Court Says US Co.'s Irish Units Not Owed Treaty Benefits

    Three Irish subsidiaries cannot benefit from the U.S.-Ireland tax treaty's provision of equally favorable treatment between U.S. and Irish residents because their ultimate parent entity, a Delaware financial firm, is disregarded for U.S. tax purposes, Ireland's Court of Appeal said in a judgment.

  • June 03, 2025

    NJ Securities Enforcer Elevated To Interim Chief

    A former attorney at the New York Stock Exchange and the Financial Industry Regulatory Authority has been tapped to lead the Garden State's securities enforcement division, New Jersey Attorney General Matthew J. Platkin has announced.

  • June 03, 2025

    Oregon Sen. OKs Extending Brownfields Property Tax Break

    Oregon would extend its program of local property tax incentives for brownfield development for six years under legislation passed unanimously by the state Senate on Tuesday.

  • June 03, 2025

    Bill Banning Campus Sports Betting Ads Sent To NJ Gov.

    The New Jersey Senate has approved a bill that would prohibit sports betting operators from advertising at public colleges and universities in an attempt to combat what it says is a surge in gambling ads targeting college students.

  • June 03, 2025

    Ex-Copyright Chief Can't Get Fast Ruling In Firing Suit

    The former head of the U.S. Copyright Office can't fast-track a lawsuit contesting her firing by President Donald Trump, a D.C. federal judge said Tuesday.

  • June 03, 2025

    The Law360 400: A Look At The Top 100 Firms

    A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.

  • June 03, 2025

    Precedent Does Apply To $6.6M Microcaptive Case, Court Told

    A captive insurance program operator challenging $6.6 million in tax fraud penalties told a Pennsylvania federal court that the government boldly and incorrectly claimed that the U.S. Supreme Court's landmark ruling requiring a jury to make certain fraud findings doesn't apply to its case.

  • June 03, 2025

    Mass. 'Sanctuary' Cities Ask To Keep Federal Funds Flowing

    A pair of Massachusetts cities on Tuesday asked a judge to block the Trump administration's efforts to strip them of all federal funding if they continue to act as so-called sanctuary cities that limit local authorities' involvement in federal immigration enforcement.

  • June 03, 2025

    MoFo Adds DOJ Official To Help Lead Investigations Team

    Morrison Foerster LLP has hired the former assistant attorney general for the U.S. Department of Justice's Office of Legislative Affairs, who is joining the firm to co-lead its congressional investigations group, the firm announced Tuesday.

  • June 02, 2025

    5th Circ. Will Mull In-House Banking Cases In Jarkesy's Wake

    A Fifth Circuit panel is set to scrutinize in-house proceedings at the Federal Deposit Insurance Corp. and other banking agencies on Tuesday in a trio of appeals with the potential to upend the regulators' primary mode of enforcement.

Expert Analysis

  • DOJ Memo Maps Out A Lighter Touch For Digital Assets

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    A recent memo issued by the Justice Department signals a less aggressive approach toward the digital asset industry, with notable directives including disbandment of the National Cryptocurrency Enforcement Team, a higher evidentiary bar for unlicensed money transmitting, and prosecutions of individuals rather than platforms, say attorneys at Cleary.

  • SEC Update May Ease Accredited Investor Status Verification

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    The U.S. Securities and Exchange Commission recently opened a new avenue to verifying accredited investor status, which could encourage more private fund sponsors and other issuers to engage in a general solicitation with less fear that they will lose the offering's exemption from registration under the Securities Act, say attorneys at Simpson Thacher.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Avoiding Compliance Risks Under Calif. Recycling Label Law

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    CalRecycle's recently published final findings on California's S.B. 343 — determining which products and packaging materials are eligible to use the "chasing arrows" recyclability symbol — offer key guidance that businesses operating in the state must heed to avert the risk of penalties or litigation, says Christopher Smith at Greenspoon Marder.

  • Reproductive Health Under Trump So Far, And What's Next

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    Based on priorities stated so far, the Trump administration will likely continue to weaken Biden-era policies that protect reproductive health, with abortion, in vitro fertilization and contraception all being issues to watch closely amid a post-Dobbs shift, say attorneys at McDermott.

  • FDIC Unlocks A Door To Banks' Potential Crypto Future

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    The Federal Deposit Insurance Corp.'s recent crypto guidance broadens the scope of permissible activities for banks to an unprecedented level, although most institutions are unlikely to initiate or expand such practices in the immediate future, says Amanda Kowalski at Barley Snyder.

  • Del. Dispatch: Open Issues After Corp. Law Amendments

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    Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • What Del. Supreme Court LKQ Decision Means For M&A Deals

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    The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • How High Court's Cornell Decision Will Affect ERISA Suits

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    The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.

  • Aviation Watch: New FAA Chief Will Face Strong Headwinds

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    Once confirmed, Bryan Bedford, President Donald Trump's nominee to head the Federal Aviation Administration, will face steep challenges — including a shortage of air traffic controllers, a recent spate of high-profile crashes, and the difficulty of working within an administration intent on cutting staffing and funding, says Alan Hoffman, a retired attorney and aviation expert.

  • How Trump Energy Order May Challenge State Climate Efforts

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    Even if the Trump administration's recent executive order targeting state and local environmental, climate and clean energy laws, regulations and programs doesn't result in successful legal challenges to state authority, the order could discourage state legislatures from taking further climate action, say attorneys at Foley Hoag.

  • AI Use Of Hollywood Works: The Case For Statutory Licensing

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    Amid entertainment industry concerns about how generative artificial intelligence uses its copyrighted content, a statutory licensing framework may offer a more viable path than litigation and petitions — one that aligns legal doctrine, economic incentives and technological progress, says Rob Rosenberg at Telluride Legal.

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