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Public Policy

  • May 23, 2025

    Report By Law Prof Filed In Ex-Atty's Bid To Win Back House

    A Florida law professor's report filed this week with the state Supreme Court calls a Tampa judge's order taking away an attorney's home "manifestly erroneous," asserting the ruling handed down more than eight years ago was made without determining whether the property had state constitutional protection from creditors.

  • May 23, 2025

    Service Members' COVID Vax Claims Sent To Military Boards

    A Court of Federal Claims judge said an executive order directing the reinstatement of service members discharged over a COVID-19 vaccine mandate warranted sending the claims of 10 people who refused to comply with the mandate to military records boards for consideration.

  • May 23, 2025

    Groups Look To Block Trump's Monument Fishing Order

    Three conservation groups are challenging a Trump administration proclamation that will open up a 400,000-square-mile Hawaiian national marine monument to commercial fishing, saying the president exceeded his Antiquities Act and constitutional authority in doing so.

  • May 23, 2025

    SoCal Edison To Pay $82.5M Over 2020 Bobcat Fire Costs

    Southern California Edison agreed Friday to pay $82.5 million to the federal government to resolve a lawsuit that seeks to recoup costs incurred by the U.S. Forest Service as a result of the devastating 2020 Bobcat Fire, which burned over 100,000 acres, the U.S. Attorney's Office for the Central District of California announced.

  • May 23, 2025

    Trump Admin Must Restore 'Censored' Harvard Docs' Articles

    A Massachusetts federal judge on Friday ordered the U.S. Department of Health and Human Services to restore articles penned by two Harvard Medical School researchers that contained terms like "transgender" and "LGBTQ," calling their removal a "textbook example of viewpoint discrimination."

  • May 23, 2025

    FTC Probing Alcon's $430M Lensar Deal

    The Federal Trade Commission has requested additional information about Swiss eye care company Alcon Inc.'s planned purchase of Florida-based medical technology developer Lensar Inc. in a deal worth up to $430 million.

  • May 23, 2025

    Senate Dems Bash Spectrum 'Giveaway' In Budget Bill

    Key Senate Democrats who oversee telecommunications issues have lambasted House Republicans for "handing over" swaths of radio spectrum to the wireless industry in the sweeping budget reconciliation bill that GOP lawmakers passed Thursday.

  • May 23, 2025

    Judge Skeptical Of Harm In Recall Of Tribe's Gambling Eligibility

    A D.C. federal judge on Friday signaled concerns with the Interior Department's decision to revoke a California tribe's gambling eligibility for a casino-resort project in the Bay Area, but said that the tribe faces an uphill battle in establishing the irreparable harm needed to secure a preliminary injunction.

  • May 23, 2025

    Judge Strikes Down Trump Order Against Jenner & Block

    Jenner & Block LLP on Friday defeated a Trump administration executive order suspending security clearances for its employees in retaliation for its pro bono work and for a former partner's work with former special counsel Robert Mueller.

  • May 23, 2025

    Chief Justice Pauses DOGE's FOIA Discovery For Now

    Chief Justice John Roberts temporarily paused discovery Friday into whether the Department of Government Efficiency is an agency subject to Freedom of Information Act requests, giving the initiative a short reprieve as the U.S. Supreme Court considers DOGE's bid to more fully halt a purported "fishing expedition."

  • May 23, 2025

    Split DC Circ. Affirms Ax Of Ex-Trump Aide's Surveillance Suit

    A split D.C. Circuit affirmed Friday the dismissal of claims by former Trump 2016 campaign adviser Carter Page that the U.S. Department of Justice, FBI and former top officials violated privacy statutes in surveilling him as part of a Russian election interference probe.

  • May 23, 2025

    Va. Deed Tax Due On Actual Property Value, Ruling Says

    Virginia's deed recordation tax is paid based on the current assessed value of a property, rather than its value during a foreclosure sale, the state tax commissioner said.

  • May 23, 2025

    Grassley Slams Durbin Over Holds On US Attorney Nominees

    Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, slammed his Democratic counterpart on Friday for holding up U.S. attorney nominations.

  • May 23, 2025

    Battery Co. Li-Cycle Gets Ch. 15 Nod Amid Glencore Sale Bid

    A New York bankruptcy judge on Friday granted Chapter 15 recognition to lithium battery recycler Li-Cycle and affiliates after overruling an objection from the U.S. Trustee's Office, as the Toronto-based debtor looks to sell its business and secure new funding.

  • May 23, 2025

    Trump Issues Fresh Tariff Threats Against EU, Apple

    President Donald Trump said that the European Union should face a 50% tariff beginning July 9 because trade negotiations are "going nowhere" and that Apple should pay at least a 25% tariff if it doesn't manufacture iPhones in the U.S.

  • May 23, 2025

    Amended Ill. Temp Workers Law Survives Staffing Cos.' Row

    An Illinois law mandating benefits for long-term temporary workers will stay in place as amended because the staffing agencies challenging it are not likely to succeed on their claims that the Employee Retirement Income Security Act preempted it, a federal judge ruled.

  • May 23, 2025

    Off The Bench: Tennis Officials, NCAA Stay On The Defensive

    In this week's Off The Bench, tennis players face pushback from the governing bodies they are accusing of antitrust violations, college basketball players claiming the NCAA exploited them want their class action revived, and a baseball player seeking one last year to play in college hits another legal roadblock.

  • May 23, 2025

    Ex-Immigration Judge Fights To Keep Fla. Bias Suit Alive

    A former immigration judge has urged a Florida federal court to reject U.S. Attorney General Pam Bondi's bid for an early win against her disability bias claims, arguing she was denied a hardship transfer and reasonable accommodation due to her gender and age.

  • May 23, 2025

    Va. Contractor Denied Real Property Sales Tax Break For Sand

    Sand purchased by a Virginia homebuilder is tangible personal property subject to use tax and not real property, the state tax commissioner said, rejecting the builder's argument that the sand was part of the land at its previous location.

  • May 23, 2025

    House Budget Would Sap Emerging Energy Tax Credit Market

    The House's sweeping tax and budget legislation would scrap a relatively new financing option that lets project development owners sell valuable green energy tax credits for cash, which would likely doom or severely hamper the burgeoning market for the credits.

  • May 23, 2025

    Alarms Sound As DOJ Anti-Corruption Unit Withers

    Created in the aftermath of the Watergate scandal as a guardrail against government corruption and politically motivated criminal prosecutions, the Justice Department's Public Integrity Section has been stripped down under the Trump administration to a skeleton crew with severely limited responsibilities, potentially opening the door for improper prosecutions and eliminating a knowledge base built up over decades.

  • May 23, 2025

    Takeaways For Benefits Attys After Parity Enforcement Freeze

    A recent decision by President Donald Trump’s administration to stop enforcing regulations requiring employer health plans to analyze their coverage of behavioral health conditions compared with physical healthcare coverage has benefits attorneys uncertain about what's coming next. Here, Law360 talks to attorneys about the regulatory about-face.

  • May 23, 2025

    La. Sued For Blocking Community Air Monitoring Sensors

    Louisiana is hindering its citizens' ability to monitor air pollution in their communities by threatening to dish out "crippling" fines to those who share data collected from certain affordable sensors, according to a lawsuit filed by environmental groups accusing the state of violating the First and 14th amendments.

  • May 23, 2025

    Judge Blocks Trump Move To Ban Harvard Foreign Enrollment

    A Massachusetts federal judge on Friday granted a restraining order to Harvard University temporarily blocking the Trump administration from enforcing a ban on enrolling foreign students, hours after the school filed a suit calling the move unconstitutional and retaliatory.

  • May 22, 2025

    Copyright Director Sues Trump Over 'Blatantly Unlawful' Firing

    The recently fired director of the U.S. Copyright Office sued the Trump administration over the "blatantly unlawful" attempts to remove her, asking a Washington, D.C., federal judge Thursday to block her removal and stop the acting librarian of Congress installed by the president from making leadership decisions.

Expert Analysis

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Why Trade Cases May Put Maple Leaf Deference On Review

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    When litigation challenging the president’s trade actions reaches the Federal Circuit, the court will have to reevaluate the Maple Leaf standard in light of the U.S. Supreme Court's 2024 Loper Bright decision limiting Chevron-like deference to cases involving statutory provisions in which Congress delegated discretionary authority to the executive branch, say attorneys at Wiley.

  • Risk Control Tips For Banks With Cryptocurrency Customers

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    Given federal policy shifts, cryptocurrency's presence within the U.S. banking system will doubtless increase, so banks should keep in mind key risk control considerations when accepting funds related to cryptocurrency transactions — and make sure they know their customers and the crypto industry, says Jason Noto at Polsinelli.

  • How The USPTO Might Find A Path Forward After Job Cuts

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    Recent layoff plans and other cost-reduction initiatives at the U.S. Patent and Trademark Office call for a corresponding adjustment to improve operational efficiency, such as adding post-filing examination request procedures and artificial intelligence enhancements, says James Gourley at Carstens Allen.

  • How Trump Orders Affect Health Orgs.' Care For Trans Minors

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    Two recent executive orders issued by President Donald Trump regarding gender-affirming care for minors have put healthcare organizations in a precarious situation, and these institutions should prepare for various implications and potential scenarios, say attorneys at ArentFox.

  • FDIC Rules Rollback Foretells More Pro-Industry Changes

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    The Federal Deposit Insurance Corp.’s March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill’s commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.

  • Trump DOE's Plan On AI Offers Challenges, Opportunities

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    The Trump administration's push to make federal land available for development of artificial intelligence data centers follows a similar Biden administration proposal — but a new request for information from the U.S. Department of Energy envisions a rapid timeline that may prove challenging for both the DOE and industry stakeholders, say attorneys at HWG.

  • NY Tax Talk: Sourcing, Retroactivity, Information Services

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    Attorneys at Eversheds Sutherland examine recent decisions by New York’s Tax Appeals Tribunal, Division of Taxation and Court of Appeals on location sourcing of broker-dealer receipts, a case of first impression on the retroactive application of Corporate Franchise Tax regulations and when fees for information services are excluded from taxation.

  • 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.

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