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Public Policy

  • September 16, 2025

    Environmental Groups Say Gov't Won't Share Climate Docs

    Environmental groups have told a Massachusetts federal judge that the Trump administration isn't following his suggestion that it turn over materials related to the work of an advisory panel recommending reversal of the government's position that greenhouse gases are dangerous.

  • September 16, 2025

    Ga. Justices Won't Reinstate DA Willis To Trump Election Case

    The Georgia Supreme Court on Tuesday declined to review a lower court's ruling disqualifying Fulton County District Attorney Fani Willis from the 2020 Georgia election interference case against President Donald Trump and his co-defendants.

  • September 15, 2025

    FTC Dem Urges Justices Not To Disturb Her Reinstatement

    U.S. Federal Trade Commissioner Rebecca Slaughter on Monday asked the U.S. Supreme Court not to block her reinstatement, arguing lower courts were correct in finding that President Donald Trump violated the law when he removed the Democrat from her post without cause.

  • September 15, 2025

    W.Va., Idaho Tell Justices Trans Sports Bans Based On Science

    West Virginia and Idaho urged the U.S. Supreme Court to rule that courts should not use subjective preferences when analyzing whether laws that ban transgender athletes from competing on sports teams different from their sex assigned at birth violate the Constitution.

  • September 15, 2025

    Rocket Mortgage Can't Defeat DOJ's Racial Bias Suit

    A Colorado federal judge has declined to toss the federal government's race discrimination suit against Rocket Mortgage, an appraisal management company and an appraiser, finding, among other things, that Rocket could have requested correction of the appraisal at the heart of the suit.

  • September 15, 2025

    FAA, SpaceX Get Early Win In Starship Enviro Review Suit

    A D.C. federal judge Monday handed a win to the Federal Aviation Administration and SpaceX in litigation alleging they failed to complete an adequate environmental review for SpaceX's Starship rocket launch program, ruling that the analysis was "perhaps imperfect" but ultimately well reasoned.

  • September 15, 2025

    California Judge Denies Smoke Shops' Bid To Halt Fresno Law

    The California city of Fresno can enforce its new restrictions on smoke shops, including limiting their number and banning them from selling flavored tobacco and cannabis products, a California federal judge has ruled, rejecting arguments for a preliminary injunction after determining that the controls are probably constitutional.

  • September 15, 2025

    Ousted Public Defender's Bias Suit Meets Skeptical Judge

    A Connecticut judge on Monday seemed skeptical of a former chief state public defender's challenge to her ouster, questioning whether the lawyer could support her claim that the Public Defender Services Commission should have called live witnesses to testify during an administrative hearing that led to her termination.

  • September 15, 2025

    FTC Commissioner Says Antitrust Moment Has Been Building

    Federal Trade Commissioner Mark R. Meador said Monday the current interest in antitrust enforcement has been building for the last several decades as corporate boardrooms increasingly take control over the economic lives of Americans.

  • September 15, 2025

    Chancery OKs Public Access To Some SpaceX Suit Docs

    Nonprofit news organization ProPublica won a limited Delaware Court of Chancery order Monday for the contested release of some documents and video kept under seal in a Chinese company's suit against a private equity firm over a muffed deal to line up a $50 million investment in SpaceX.

  • September 15, 2025

    Mich. Says HHS Can't Justify $195M Medicaid Clawback

    The state of Michigan urged a federal judge to find that the U.S. Department of Health and Human Services cannot catch a payday for its yearslong delay in affirming a decision to disallow $195 million in Medicaid payments to two state-operated psychiatric hospitals, arguing that the delay runs afoul of federal law and the department's own policies.

  • September 15, 2025

    Mont. County Asks To Nix Or Pause Tribe's Voting Rights Suit

    An Indigenous tribe can't sue Chouteau County, Montana, under the Voting Rights Act because the act protects individual rights, not sovereign or collective rights as the tribe asserts in its lawsuit, the county tells a federal court in bids to toss or pause the suit.

  • September 15, 2025

    Mich. AG Asks To Move Argument Dates As Shutdown Looms

    The Michigan Attorney General's Office has asked for a rain check on upcoming oral arguments at the state Supreme Court in light of a possible state government shutdown at the end of the month.

  • September 15, 2025

    Wash. Justice Yu To Retire After 25 Years On State Bench

    Washington State Supreme Court Justice Mary I. Yu has announced she'll step down at the end of 2025 after a dozen years on the court and nearly a quarter-century on the state bench.

  • September 15, 2025

    Sports Betting Co. Accuses CFTC Of Blocking Its Registration

    Sports betting app Sleeper Markets LLC has accused the Commodity Futures Trading Commission of an "illegal delay" of its bid to become a registered futures commission merchant, calling on the agency's internal watchdog to investigate the status of its application and the "broader potential illegality this incident strongly suggests may be occurring."

  • September 15, 2025

    Senate Confirms Top Trump Economist To Federal Reserve

    The U.S. Senate narrowly confirmed top White House economist Stephen Miran to the Federal Reserve Board on Monday, giving President Donald Trump a close ally at the central bank as he pushes for greater control over the traditionally independent body.

  • September 15, 2025

    Stewart Says New Policies Seek Fairness For Patent Owners

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart said Monday the numerous changes to patent reviews she has implemented are intended to provide "more balance and fairness" for patent owners, and bring the reviews "back to how they were originally intended."

  • September 15, 2025

    FCC Says No To Lifeline Co. Coming Under New Management

    The Federal Communications Commission is telling a Georgia-based Lifeline-only service provider that it will not be allowed to continue to participate in the federal subsidy program if it goes through with a merger that will see it picked up by Insight Mobile.

  • September 15, 2025

    NLRB Fights NY Law That Grew State Labor Agency's Power

    The National Labor Relations Board is fighting the state of New York's decision to expand its Public Employment Review Board's powers, accusing the state in a new lawsuit of trying to turn its labor agency into a miniature NLRB while the federal agency lacks a quorum.

  • September 15, 2025

    Trump Once More Floats The End Of The Quarterly Report

    President Donald Trump has again suggested that publicly traded companies be allowed to issue financial reports twice a year instead of quarterly, reigniting a debate that stalled during his prior term in office when the U.S. Securities and Exchange Commission did not pursue such rulemaking.

  • September 15, 2025

    Trump Admin. Defends Biden-Era Rule Limiting Asylum

    The U.S. Department of Justice has taken up the mantle of a Biden-era regulation that curtailed the availability of asylum at the southern border, telling a D.C. federal judge that the policy was well within the executive branch's authority.

  • September 15, 2025

    Brands Say X Corp. Can't Prove Ad Suit Belongs In Texas

    Several big-name brands, including Nestlé and Lego, asked a Texas federal judge to deny X Corp.'s bid to conduct jurisdictional discovery in its sprawling antitrust suit accusing advertisers of boycotting X, saying the company was merely trying to conduct a "fishing expedition."

  • September 15, 2025

    DC Circ. Says Fed's Cook Can Keep Job For Now

    A D.C. Circuit panel said Monday that Federal Reserve Gov. Lisa Cook can remain on the central bank's board while challenging President Donald Trump's effort to fire her, clearing the way for her to participate in a key interest-rate policy vote this week.

  • September 15, 2025

    Fired DOJ Deputy Says Lobbyists 'Playing Dangerous Game'

    A former top Justice Department Antitrust Division deputy, allegedly fired for opposing the "pay-to-play" settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, had a warning Monday for the lobbyists he said made the deal possible: there are only so many times they can go over division leadership.

  • September 15, 2025

    Ex-Airman Sues Iran Over 1996 Khobar Towers Bombing

    A first responder to the 1996 Khobar Towers bombing in Saudi Arabia is using the Foreign Sovereign Immunities Act to sue the Iranian government, claiming it provided material support to the terrorist group that carried out the bombing, which killed 19 American service members.

Expert Analysis

  • Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns

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    Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • Opinion

    8th Circ. Should Reaffirm False Commercial Speech's Nature

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    The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.

  • Unpacking Ore. Law's Limits On PE Healthcare Investment

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    A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.

  • Environmental Justice Is Alive And Well At The State Level

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    Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.

  • What FinCEN's AML Rule Delay Means For Advisers

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    Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • What Insurers Must Know About New La. Proof Of Loss Law

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    Insurers that comply with all the requirements under a Louisiana law effective this month may condition claim payments on receipt of proof of loss statements, but those that overlook even one prerequisite risk penalties and late payments, say attorneys at Phelps Dunbar.

  • Legal Jeopardy Looms Over Trump's Trade Negotiation Plans

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    Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.

  • Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal

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    After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.

  • Opinion

    Furtive Changes To Federal Health Data Threaten Admissibility

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    A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.

  • State Laws Show Uniformity Is Key To Truly Fair Bank Access

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    The lack of uniformity among state laws — including new Idaho legislation — that forbid banks from discriminating against customers based on ideology shows that a single set of federally administered fair access rules would better serve financial institutions and American consumers, say attorneys at Bradley Arant.

  • A Look At Justices' Rare Decision Not To Limit Agency Powers

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    The Supreme Court's recent denial of Alpine's cert petition in its long-running case against the Financial Industry Regulatory Authority sends a strong signal that litigation strategies dependent on the elimination of government agencies merit caution, even from a court that lately hasn't been shy about paring back agency authority, say attorneys at Venable.

  • Series

    Hiking Makes Me A Better Lawyer

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    On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

  • Opportunity Zone Overhaul Is Good News For Investors

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    Recently enacted reforms making the qualified opportunity zone program permanent, restoring the basis step-up for capital gains and adding flexibility to the zone designation process enhance the program’s appeal for long-term investment, says Steven Hadjilogiou at McDermott.

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