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Public Policy

  • May 28, 2025

    Amazon Seeks To End FTC's Prime Subscription Case

    Amazon and the Federal Trade Commission have both asked a Washington state federal court to hand them wins ahead of trial in the agency's case accusing the e-commerce giant of trapping consumers into Prime subscriptions.

  • May 28, 2025

    Telecom Groups Ask Trump To Push BEAD Program Ahead

    A bevy of broadband industry groups are seeking help from the White House in nudging the U.S. Department of Commerce to hasten the distribution of federal funding for internet deployment projects in underserved areas of the country.

  • May 28, 2025

    DOL Tells 5th Circ. It Will Craft New ESG Rule For 401(k) Plans

    The U.S. Department of Labor told the Fifth Circuit on Wednesday that it will launch new rulemaking and move "as expeditiously as possible" to replace Biden administration regulations on whether fiduciaries can consider issues like climate change and social justice when choosing retirement plan investments.

  • May 28, 2025

    Feds Urge Supreme Court To Let 10th Circ. PBM Ruling Stand

    The federal government urged the U.S. Supreme Court not to take up the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a law regulating pharmacy benefit managers were preempted by federal benefits and healthcare laws, arguing the case doesn't warrant further review from the justices.

  • May 28, 2025

    Colorado, Feds Clash Over $6.7M From Collapsed Insurer

    A Colorado federal judge pressed the state Wednesday on how its bid to pay out $6.7 million from a defunct health insurer to a Denver Health plan doesn't conflict with the federal government's interests, noting the disbursement would result in less money to a federal risk program.

  • May 28, 2025

    DOJ Says Justices' Ruling Backs Nursing Exec's Conviction

    The U.S. Department of Justice is pointing to a recent U.S. Supreme Court ruling to bolster its fight against a new trial being sought by a convicted Nevada nursing home executive, saying that the new high court decision establishes that economic loss isn't needed to prove wire fraud.

  • May 28, 2025

    Va. Tribe's Medicaid Suspension Fight Faces State Pushback

    Virginia is fighting a bid by the Nansemond Indian Tribe to strike a state declaration supporting a notice that its Medicaid payments are suspended, telling the court nothing is improper about the document, and the tribe's accusations of fraud are unfounded.

  • May 28, 2025

    Mich. School, Student GOP Club Spar In Free Speech Suit

    A Michigan school district told a federal judge Wednesday that it could not air an announcement from a high school Republican club because it contained a political viewpoint on an upcoming ballot initiative, urging the court to toss the club's lawsuit alleging the school stifled members' right to free speech.

  • May 28, 2025

    Groups Claim Mass. Offshore Wind Will Harm Views, Wildlife

    Opponents of a permitted offshore wind project that would provide power to Massachusetts have sued in D.C. federal court, arguing turbines would bring problems for marine life and disrupt views on the historic islands of Nantucket and Martha's Vineyard.

  • May 28, 2025

    IRS Coinbase Summons Challenged As Overbroad, Unlawful

    A Connecticut man wants a California federal court to quash an Internal Revenue Service summons issued to Coinbase for his personal financial documents, arguing that the agency's request was inappropriate and violates his privacy rights.

  • May 28, 2025

    Texas Voters To Decide On Raising Homestead Tax Exemption

    Texas voters will decide if the state should amend its constitution to increase the state's homestead property tax exemption from $100,000 to $140,000 under a Senate joint resolution approved by state lawmakers and filed with the Texas secretary of state.

  • May 28, 2025

    One Convicted For Role In €195M VAT Fraud Scheme

    A Munich court convicted a man for his role in a value-added tax fraud scheme that spanned 17 countries and caused an estimated €195 million ($220 million) in damages, the European Public Prosecutor's Office said Wednesday.

  • May 28, 2025

    Smartmatic Says Fox Is Trying To 'Bury Proof' In Defamation Row

    Voting technology company Smartmatic has asked a New York state court to lift the "veil of secrecy" on evidence it alleges Fox News is trying to keep hidden from the public as it faces allegations of defamation related to conspiracy theories it aired about a stolen election in 2020.

  • May 28, 2025

    Alex Jones Is 'Defending Journalists,' Texas Court Hears

    A Texas appeals court seemed taken aback after counsel for conspiracist Alex Jones claimed a $45 million default judgment relating to Jones' defamatory Sandy Hook statements should be thrown out, suggesting during oral arguments Jones was "thumbing [his] nose" at the trial court.

  • May 28, 2025

    Feds Say Court Lacks Jurisdiction In Abrego Garcia Case

    The Trump administration urged a Maryland federal judge to throw out a lawsuit challenging the removal of Kilmar Abrego Garcia to El Salvador, saying the court lacks jurisdiction over the matter because he is no longer in U.S. custody.

  • May 28, 2025

    Hill Dems Blast 'Indefensible' Delay In Multilingual Alert Regs

    More than two dozen congressional Democrats called on the Federal Communications Commission to complete the rollout of a bipartisan rule meant to provide wireless emergency alerts in multiple languages, claiming untenable delays in the process.

  • May 28, 2025

    China Can't Duck PPE Hoarding Claims By Fla. Medical Pros

    A Florida federal judge won't fully dismiss claims from a group of medical professionals alleging that China, through a New Jersey company, hoarded personal protective equipment to create a monopoly at the start of the COVID-19 pandemic, finding the allegations fall within the commercial activity exception to sovereign immunity.

  • May 28, 2025

    FERC's Ex-GC Joins Wilson Sonsini's DC Energy Team

    The former general counsel at the Federal Energy Regulatory Commission has joined Wilson Sonsini Goodrich & Rosati PC's energy and climate solutions practice in Washington, D.C., as a partner, the firm announced Wednesday.

  • May 28, 2025

    Ex-Benghazi Investigator Sworn In As Interim NorCal US Atty

    A longtime Los Angeles attorney and former investigator into the 2012 terrorist attack in Benghazi, Libya, that killed four Americans was appointed on Tuesday as interim U.S. attorney in California's Northern District, where he'll be allowed to serve up to 120 days pending Senate confirmation.

  • May 28, 2025

    Judge Won't Stop Ex-Copyright Office Director's Firing

    A D.C. federal judge on Wednesday declined to stop the Trump administration from ousting the former director of the U.S. Copyright Office, saying the recently fired official had not shown she would be irreparably harmed absent the court's intervention.

  • May 28, 2025

    NRA President's Attys Want Out Of Election-Inspection Case

    The lawyers representing the recently elected president of the National Rifle Association in a contract dispute stemming from investigations of the 2020 election are asking a Michigan federal court to excuse them from the case, after their client allegedly heard from his codefendant and stopped talking to them.

  • May 28, 2025

    IOC Extends Russia's Olympic Ban To 2026 Winter Games

    Russian teams will not be allowed to compete in the 2026 Winter Olympic Games in Milan, Italy, the International Olympic Committee confirmed, extending the ban imposed after the 2022 invasion of Ukraine.

  • May 28, 2025

    Insurance Atty Talks FEMA Cuts As Storm, Fire Seasons Near

    As hurricane and wildfire seasons approach, Anthony Lopez, founder of the law firm Your Insurance Attorney, told Law360 Real Estate Authority that with natural disasters intensifying, the Trump administration's cuts to FEMA are likely to put more pressure on states and property owners in an already challenging insurance environment.

  • May 28, 2025

    DOL Rescinds Warning Against Crypto In 401(k) Plans

    The U.S. Department of Labor on Wednesday rescinded guidance by former President Joe Biden's administration that warned against crypto offerings in 401(k) plans, which had sparked a legal challenge from a 401(k) provider against the agency.

  • May 27, 2025

    1st Circ. Won't Revive Challenge To Federal Cannabis Ban

    The First Circuit on Tuesday refused to resurrect a suit challenging the long-standing federal prohibition of cannabis, rejecting the argument that the circumstances underlying a U.S. Supreme Court decision on cannabis policy had changed so much in the last 20 years that the precedent was no longer relevant.

Expert Analysis

  • How The ESG Investing Rule Survived Loper Bright, For Now

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    A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • Will Trump Order On Transgender Women In Sports Survive?

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    Attorneys at Venable consider whether President Donald Trump's executive order banning transgender women from women's sports will survive legal challenges, and if it does, how federal agencies will enforce it.

  • Reconciling 2 Smoke Coverage Cases From California

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    As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q1

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    The most noteworthy developments from the first quarter of the year in New York financial services include newly proposed regulations on overdraft fees, a groundbreaking settlement by the state attorney general, and a potentially precedent-setting opinion regarding the Electronic Fund Transfer Act, say attorneys at Quinn Emanuel.

  • SEC Crypto Mining Statement Delivers Regulatory Clarity

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    The U.S. Securities and Exchange Commission's March 20 statement clarifying that certain crypto mining activities do not constitute the offer and sale of securities marks the end of the SEC's enforcement-first approach and ushers in a more predictable environment for blockchain innovation and investment, says Jeonghoon Ha at Ha Law.

  • State Extended Producer Responsibility Laws: Tips For Cos.

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    As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Reviewing Calif. Push To Restrict Private Equity In Healthcare

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    A recent proposed bill in California aims to broaden the state's existing corporate practice of medicine restrictions, so investors must ensure that there is clear delineation between private equity investment in practice management and physicians' clinical decision-making, say attorneys at Debevoise.

  • NLRB Firing May Need Justices' Input On Removal Power

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    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

  • The OCC's Newly Relaxed Approach To Bank Crypto Activity

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    With the early March rescission of Biden-era interpretive guidance, the Office of the Comptroller of the Currency has loosened its approach to regulating national banks and federal savings associations' crypto-asset activities, possibly removing one barrier to banks engaging in such activities, say attorneys at Debevoise.

  • Contractor Remedies Amid Overhaul Of Federal Spending

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    Now that the period for federal agencies to review their spending has ended, companies holding procurement contracts or grants should evaluate whether their agreements align with administration policies and get a plan ready to implement if their contracts or grants are modified or terminated, say attorneys at DLA Piper.

  • 5 Steps To Promote Durable, Pro-Industry Environmental Regs

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    The U.S. Environmental Protection Agency's planned wave of deregulation will require lengthy reviews, and could be undone by legal challenges and future changes of administration — but industry involvement in rulemaking, litigation, trade associations, and state and federal legislation can help ensure favorable and long-lasting regulatory policies, say attorneys at Balch & Bingham.

  • Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike

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    The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.

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