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Public Policy
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June 12, 2025
Air India Crash — Boeing 787 Dreamliner: What Do We Know?
The Boeing Co. is bracing for renewed scrutiny after Thursday's deadly crash of an Air India flight with 242 people onboard as another line of its jets — this time, its 787-8 Dreamliner — is involved in an overseas aviation disaster just as the company was eyeing a fresh chapter following its 737 Max crisis.
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June 12, 2025
Judge Pans 'Breathtaking' ÃÛÌÒÊÓÆµ Disavowal Of Redlining Deal
An Illinois federal judge Thursday refused to allow the Trump administration to abandon a recently settled Consumer Financial Protection Bureau redlining case, calling the ÃÛÌÒÊÓÆµ's bid to refund a Chicago-area mortgage lender accused of discriminatory lending practices "breathtaking."
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June 12, 2025
Judge Won't Halt Immigration Registration Rule During Appeal
A D.C. federal judge on Thursday denied advocacy groups' request for an injunction as they appeal a ruling that upholds the U.S. Department of Homeland Security's new registration form for unauthorized immigrants, finding that they have not shown that they will suffer irreparable harm without the injunction.
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June 12, 2025
Lawmakers Draw Battle Lines Over Future Of NCAA Oversight
Following the approval of a $2.78 billion settlement giving college athletes access to a groundbreaking revenue sharing system, lawmakers are beginning the delicate process of deciding how to best regulate and manage a new era of college sports.
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June 12, 2025
Dallas Developer Cleared Of Bribery Charges In Retrial
A Dallas jury cleared a real estate executive charged with attempting to bribe city council members in exchange for federal low income housing credits, finding the executive not guilty Thursday after the Fifth Circuit threw out his guilty verdict and ordered a retrial.
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June 12, 2025
Senate Dem Worries 'Salt Typhoon' Still Wreaks Havoc
The Senate's lead Democrat on spectrum issues said Thursday that last year's massive "Salt Typhoon" cyberattack linked to China may not be over and that giving wireless carriers vast amounts of new spectrum could only make U.S. networks more vulnerable.
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June 12, 2025
Florida, Sandoz Say They've Fixed Generic Drug Price-Fix Deal
The Florida Attorney General's Office and Sandoz Inc. have told a Connecticut federal court they've fixed the problems the court identified with a generic drug price-fixing settlement after other states with claims in the case objected to a clause in the deal.
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June 12, 2025
Trump's Deployment Of National Guard Illegal, Judge Says
A California federal judge on Thursday granted California's request for a temporary restraining order blocking President Donald Trump's order sending the National Guard into Los Angeles, calling the president's actions "illegal" and unconstitutional, but the decision was quickly paused by the Ninth Circuit.
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June 12, 2025
Protect Public Broadcast Channels, Nonprofit Tells FCC
A media nonprofit serving one of Washington, D.C.'s suburbs urged the Federal Communications Commission to protect access to public, educational and government channels when exploring whether to nix potentially burdensome regulations.
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June 12, 2025
8th Circ. Upholds Block On Minn. Generic-Drug Price Law
The Eighth Circuit on Thursday backed a lower court's preliminary injunction blocking a Minnesota law that prohibits pharmaceutical manufacturers from imposing an "excessive" price increase on generic or biosimilar drugs, agreeing that the law is likely unconstitutional in regulating prices charged nationwide.
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June 12, 2025
Live Nation Defending 'Unfair' Arbitration, Justices Told
Concertgoers suing Live Nation over allegedly anticompetitive conduct urged the U.S. Supreme Court on Thursday not to take up the company's bid to force them into arbitration, arguing that lower courts rightly dinged a switch to a new arbitrator with strict rules meant to limit mass arbitration tactics by the plaintiffs' bar.
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June 12, 2025
Judge Won't Ax DC Water Fee Suit Against Feds
A Court of Federal Claims judge on Thursday refused to dismiss the D.C. Water and Sewer Authority's claims that it is owed various fees from the Armed Forces Retirement Home, finding the Clean Water Act includes a waiver of sovereign immunity.
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June 12, 2025
'Forum Shopping' Center Stage At 6th Circ. Drug Pricing Args
As part of an expansive effort to tee up U.S. Supreme Court review, pharmaceutical industry-backed opponents of Medicare's drug price negotiations entered less-than-hospitable territory at the Sixth Circuit, where judges pointedly questioned a local business group's basis for challenging a national healthcare program.
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June 12, 2025
Senate GOP Moves To Confirm Trump's FCC Nominee
The U.S. Senate plans next week to bring up President Donald Trump's nomination of Olivia Trusty to the Federal Communications Commission.
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June 12, 2025
Ohio Law Bars Cities' Negligence Claims Against Hyundai, Kia
A California federal court sided with Hyundai and Kia by finding that an Ohio products liability law bars negligence claims from five Ohio cities in sprawling multidistrict litigation alleging the automakers knowingly sold vehicles with design flaws that resulted in a car theft crime spree.
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June 12, 2025
Wash. Justice Doubts Both Sides In Election Law Fight
A Washington Supreme Court justice said Thursday he believed a political action committee and county auditor are both wrong about the disputed meaning of a state law governing city charter amendment elections, as he and his colleagues flagged discrepancies in the parties' arguments.
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June 12, 2025
Suit Over Biden Mining Rule Paused As Trump Plans Changes
State and federal litigants in a suit over a Biden-era regulation that imposed more requirements on states to address possible mining law violations were granted a breather Thursday after the Trump administration said it plans to loosen the mandate once again.
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June 12, 2025
DHS Begins Sending Termination Notices To Parolees
The U.S. Department of Homeland Security on Thursday said it has started sending termination notices to people granted temporary residency and work authorizations through a parole program the Biden administration launched for Cubans, Haitians, Nicaraguans and Venezuelans.
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June 12, 2025
Hemp Retailer Sues DC, Feds Over District's Cannabis Policy
A Washington, D.C., hemp retailer has filed a pair of complementary lawsuits challenging the tangled enforcement and regulatory policies that govern cannabis and hemp in the nation's capital.
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June 12, 2025
Review Ordered For Alaska Gold Mine As Permits Kept Alive
An Alaska federal judge isn't revoking key permits for a proposed gold mine in the state's Yukon–Kuskokwim region despite finding legal flaws in an environmental review, but she has ordered government agencies to reassess the risks of a catastrophic tailings spill while construction remains paused.
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June 12, 2025
Locals Approve $3B Plan To Lure NHL Team Back To Atlanta
Officials in Forsyth County, Georgia, north of Atlanta, have signed off on a $3 billion mixed-use plan anchored by an arena, which developers hope will draw a professional hockey team back to the region.
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June 12, 2025
NH High Court Upholds Towns Keeping Excess Tax Revenue
The right of New Hampshire communities to retain excess statewide education property taxes for other purposes doesn't violate the state constitution's uniformity clause, the state Supreme Court ruled, partially reversing a trial court.
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June 12, 2025
Texas Man Gets 11 Years In Cross-Border Transport Case
A Texas federal court has sentenced a man to 11 years in prison for helping lead a violent conspiracy to monopolize the transport of used vehicles and other goods from the U.S. through Mexico for resale in Central America.
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June 12, 2025
NJ Judge Clarifies Provisions Of New Affordable Housing Law
A New Jersey state judge has denied a bid from a coalition of 29 Garden State municipalities to block a number of provisions of a new affordable housing directive, but he provided clarity on some parts of the directive, and the coalition is calling the clarification a win.
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June 12, 2025
Legal Noncitizens OK For Domicile Tax Break, SC Judge Says
A legally present couple from India showed intent to remain domiciled in their South Carolina home and therefore qualify for the property tax treatment granted for owner-occupied residences, an administrative judge ruled.
Expert Analysis
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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High Court Ruling Bucks Trend Of Narrowing Fraud Theories
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to establish prosecutors’ fraudulent inducement theory of fraud, is at odds with its decadeslong narrowing of federal fraud statutes’ reach, and may lead to convictions for a wide variety of contractual misrepresentations, say attorneys at Keker Van Nest.
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Calif. Air Board Offers Early Hints On Climate Reporting
As initial reporting deadlines for California's new climate reporting laws approach, guidance provided by the California Air Resources Board in a virtual public workshop sheds some light on rulemaking to come, and how to prepare for compliance during this period of uncertainty, say attorneys at Simpson Thacher.
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Parsing The SEC's No-Action Letter On Rule 192 Compliance
Brandon Figg at Morgan Lewis discusses the U.S. Securities and Exchange Commission's recent no-action letter, which greenlights information barriers as an alternative approach to Rule 192 compliance and includes likely relief for existing policies and procedures.
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5 Ways In-House Counsel Can Stay Ahead Of New HSR Rules
Now that the Trump administration’s new Hart-Scott-Rodino Act rules have been in effect for several months, in-house counsel should consider several practice pointers that can help spearhead management of M&A-related antitrust risk, say attorneys at Squire Patton.
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High Court Order On Board Firings Is Cold Comfort For Fed
The U.S. Supreme Court’s recent Trump v. Wilcox order, upholding the firings of two independent agency board members during appeal, raises concerns about the future of removal protections for Federal Reserve System members, and thus the broader politicization of U.S. monetary policy, say attorneys at Squire Patton.
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DOJ Policy Shifts May Resurrect De Facto 'China Initiative'
The U.S. Department of Justice's recently unveiled white collar enforcement strategy seemingly marks a return to a now-defunct 2018 policy aimed at combating national security concerns with China, and likely foretells aggressive scrutiny of trade and customs fraud, sanctions evasion, and money laundering, say attorneys at BakerHostetler.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Recent Complex Global Deals Reveal Regulatory Trends
An analysis of six complex global deals that were completed or abandoned in the last year suggests that, while such deals continue to face significant and lengthy scrutiny across the U.S, U.K. and European Union, the path to closing may have eased slightly compared to recent years, say attorneys at Weil.
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Opinion
Address Nationwide Injunction Issues With Random Venues
Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.
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7 D&O Coverage Areas To Assess As DOJ Targets DEI
Companies that receive federal funds or have the remnants of a diversity, equity and inclusion program should review their directors and officers liability insurance policies ahead of a major shift in how the U.S. Department of Justice enforces the False Claims Act, says Bill Wagner at Taft.
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ÃÛÌÒÊÓÆµ Industry Impact Uncertain Amid Priority Shift, Staff Cuts
A recent enforcement memo outlines how the Consumer Financial Protection Bureau's regulatory agenda diverges from that of the previous administration, but, given the bureau's planned reduction in force, it is uncertain whether the agency will be able to enforce these new priorities, say attorneys at Troutman Pepper.
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FAR Rewrite May Cloud Key Gov't Contract Doctrine
The Trump administration's government procurement overhaul, under which sections of the Federal Acquisition Regulation are eliminated by default, is bound to collide with a doctrine that allows courts to read omitted clauses into government contracts if they represent long-standing pillars of federal procurement law, say attorneys at Rogers Joseph.
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SEC Staff Input Eases Path For Broker-Dealer Crypto Activities
Recent guidance from U.S. Securities and Exchange Commission staff on broker-dealer and transfer agent crypto-asset activities suggests a more constructive regulatory posture on permissibility and application of financial responsibility rules, bringing welcome clarity for blockchain market participants and traditional financial institutions alike, say attorneys at Sidley.
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Compliance Essentials To Mitigate AI Crime Enforcement Risk
As artificial intelligence systems move closer to accurately mimicking human decision-making, companies must understand how the U.S. Department of Justice might prosecute them for crimes committed by AI tools — and how to mitigate enforcement risks, say attorneys at Paul Hastings.