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Public Policy

  • July 21, 2025

    Concertgoers Narrow Live Nation Antitrust Claims

    Consumers accusing Live Nation of monopolizing the live entertainment industry are dropping their allegations about high prices in the resale ticketing market to focus on prices for the initial sale of tickets in the primary market.

  • July 21, 2025

    Lawmakers' Plan To Target Bid Protesters Seen As Unfounded

    Congress's quest to deter frivolous protests from companies that fail to win Pentagon contracts exposes a gap between lawmakers and attorneys who refute the problem, and worry that small businesses that get penalized could get shut out of the procurement process.

  • July 21, 2025

    How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout

    No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.

  • July 21, 2025

    Board Says Salvadoran Women Not A Social Group Under INA

    The Board of Immigration Appeals has dismissed a Salvadoran woman's attempt to revive her application for asylum and withholding of removal, ruling that a particular social group based solely on an individual's sex and nationality is "overbroad and insufficiently particular." 

  • July 21, 2025

    Energy Litigation To Watch In The 2nd Half Of 2025

    Courtroom showdowns between the Trump administration and blue states over U.S. energy and climate change policy will dominate the energy litigation landscape for the rest of 2025. Here is what the energy industry will be watching closely in the second half of the year.

  • July 21, 2025

    Builder Accuses NC County Of Losing $1.3M In Phishing Scam

    A general contractor is suing to recoup the cost of renovating a county administrative building in eastern North Carolina after local officials fell for a phishing scam and sent more than $1.3 million in payments for the project to fraudsters, according to a state court complaint.

  • July 21, 2025

    California Invests $10M In Tribal College's Accreditation Push

    A $10 million California budget allocation is bringing a Native American college one step closer to receiving federal tribal accreditation, which, in turn, will bring future employment, student financial grants and loan opportunities.

  • July 21, 2025

    JetBlue Says Fla. Used Unlawful Formula In Calculating Taxes

    JetBlue urged a Florida state court on Monday to negate a $631,000 corporate tax assessment by the state's Department of Revenue, arguing that a component of the agency's formula for taxing out-of-state miles is inconsistent with federal law.

  • July 21, 2025

    COVID-19 Fraudster Can Keep His Pension, Conn. Judge Says

    A former Connecticut firefighter who pled guilty in connection with a COVID-19 relief fund scam can keep the pension he earned through 26 years of service, a state trial court judge has ruled, pointing to the employee's otherwise clean record and comparatively lesser role in the scheme.

  • July 21, 2025

    States Say Noncitizen Benefit Restrictions Are Creating Chaos

    A coalition of 20 Democratic-led states and the District of Columbia sued the Trump administration on Monday for "upending" noncitizens' access to publicly funded programs like Head Start and food banks.

  • July 21, 2025

    Trade Court Hits Importer With $3.4M Penalty Over Fraud

    U.S. Customs and Border Protection is due to collect more than $2.4 million in duties plus interest and a $3.4 million civil penalty after the U.S. Court of International Trade determined in a recent opinion that a California-based importer falsely reported Chinese mattress springs were imported from Thailand.

  • July 21, 2025

    DC Circ. Strikes Down Gag Order On X Corp. Subpoenas

    A D.C. Circuit panel has struck down a lower court's sweeping order blocking X Corp. from informing users about government data requests, with the appeals court finding the district court failed to identify specific harm that would come from keeping users in the loop.

  • July 21, 2025

    Ex-ComEd CEO Gets 2 Years For Burying Madigan Bribes

    The former CEO of Commonwealth Edison and later Exelon Utilities was sentenced to two years in prison Monday for a scheme to pay millions to associates of ex-Illinois House Speaker Michael Madigan to secure his support for major energy legislation, and for hiding the nature of those payments to circumvent the company's internal accounting controls.

  • July 21, 2025

    EPA Asks 9th Circ. To Reverse Calif. Judge In Fluoride Suit

    The U.S. Environmental Protection Agency is asking the Ninth Circuit to reverse a California federal judge who ruled that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ.

  • July 21, 2025

    Stadium Deal Still On Despite Trump Threat, DC Officials Say

    The mayor and City Council chair of Washington, D.C., said on Monday that they were focusing on their roles in approving the $3 billion plan for a new stadium for the NFL's Commanders, regardless of President Donald Trump's weekend threat to kill the deal if the team's racist former nickname was not brought back.

  • July 21, 2025

    States, Territories Get The OK For $42B In Broadband Grants

    The U.S. Department of Commerce said Monday that all 56 states and territories taking part in a $42.5 billion expansion of U.S. broadband service can now begin picking contractors to get the work done on the ground.

  • July 21, 2025

    Officials' Intent Key In Visa Revocation Trial, Judge Says

    A Massachusetts federal judge hearing a free-speech case stemming from the arrests of pro-Palestinian student activists said Monday he is grappling with whether immigration officials were carrying out an official Trump administration policy or using their own discretion to implement a broader set of priorities within the law.

  • July 21, 2025

    4th Circ. Reverses Portion Of Railroads' Broadband Suit

    The Fourth Circuit has ruled that the Association of American Railroads has standing to challenge a Virginia state law requiring railroads to allow for broadband crossings, reversing a trial court decision and dealing another blow to a law that the Virginia Supreme Court already gutted on state constitutional grounds in May.

  • July 21, 2025

    Judge Allows Calif. Tribe In Casino Suit, Denies Dismissal Bid

    A California tribe at the center of a dispute over a decision to take 70 acres into trust for its proposed Sonoma County hotel and casino project can intervene in the litigation, a federal judge said, while finding that the Indigenous nation cannot dismiss the case based on sovereign immunity.

  • July 21, 2025

    Feds Move To Drop Some Counts Against Texas Rep. Cuellar

    The federal government on Friday moved to drop counts of a bribery indictment against U.S. Rep. Henry Cuellar and his wife, citing "prosecutorial discretion."

  • July 21, 2025

    DOL Rescinds ERISA Guidance On Citi Racial Equity Program

    The U.S. Department of Labor rescinded a Biden-era opinion letter Monday that had backed Citi's commitment to pay fees for diverse investment managers overseeing Citi-sponsored benefit plans regulated by the Employee Retirement Income Security Act, saying the letter no longer reflected the department's views.

  • July 21, 2025

    Not So Fast: ÃÛÌÒÊÓÆµ Shelves Bid To Scrap State Notice Rules

    The Consumer Financial Protection Bureau on Monday withdrew a plan to repeal rules that regulate how state officials are supposed to alert it before suing companies under its federal enforcement authority, reversing course after industry groups lobbied to tighten, not toss, the requirements.

  • July 21, 2025

    NJ US Atty Accused Of Ethics Violations Amid Possible Exit

    A group of ethics experts and former presidential advisors requested an ethics investigation into interim U.S. Attorney for New Jersey Alina Habba on Monday, as she reportedly approaches the end of her run as the top federal prosecutor in the Garden State.

  • July 21, 2025

    Ruger Says Colo. Shooting Suits Can't Lean On Conn. Ruling 

    Sturm Ruger & Co. on Monday asked a Connecticut state judge to strike lawsuits by the families of the victims of a Colorado mass shooting, saying litigation from the Sandy Hook massacre does not open the Constitution State's unfair trade practices statute to all advertising-based claims against gunmakers.

  • July 21, 2025

    Trump DOJ To Appeal Axing Of Order Targeting Jenner & Block

    The U.S. Department of Justice plans to fight a federal judge's ruling that struck down President Donald Trump's executive order targeting Jenner & Block LLP, as it filed a notice of appeal Monday in D.C. federal court.

Expert Analysis

  • New Laws Show How States Are Checking AI Developers

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    Recent state consumer protection legislation shows Utah, Colorado and Texas are primed to impose controls on artificial intelligence, and exemplifies the states' unwillingness to accord strong deference to developers and deployers of AI tools, say attorneys at Polsinelli.

  • Nev. Steps Up Efforts To Attract Incorporations With New Law

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    Recent amendments to Nevada corporate law, which will narrow controlling stockholders’ liability, streamline mergers and allow companies to opt out of jury trials, show the interstate competition to attract new and reincorporating companies is still heating up, say attorneys at Simpson Thacher.

  • Birthright Opinions Reveal Views On Rule 23(b)(2) Relief

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    The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Plan For Increased HSR Info Sharing With Wash. Antitrust Law

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    Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.

  • Federal Construction Considerations Amid Policy Overhaul

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    The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.

  • FMLA Expansion Sees State Progress Despite Federal Barriers

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    Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.

  • How Political Divisions Are Stalling Pa. Energy Development

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    Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.

  • 3rd-Party Audit Tactics To Improve Export Control Compliance

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    Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.

  • A Look At Trump Admin's Shifting Strategies To Curtail ÃÛÌÒÊÓÆµ

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Evading DOJ Crosshairs As Data Security Open Season Starts

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    As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.

  • How Trump's Trade Policies Are Shaping Foreign Investment

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    Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.

  • How Trump Admin Treasury Policies Are Reaching Banks

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    The Treasury Department has emerged as an important facilitator of the Trump administration's financial policies affecting banks, which are now facing deregulation domestically and the use of international economic authorities in cross-border trade and investment, say attorneys at Davis Polk.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • FTC Focus: Enforcers Study AI Innovation And Entrenchment

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    The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.

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