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Public Policy
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August 01, 2025
Senate Bill Would Ramp Up Oversight Of FCC Broadband Map
A bipartisan pair of lawmakers filed a bill Thursday to ensure the Federal Communications Commission keeps tabs on the accuracy of broadband maps used to pinpoint where funding is needed for high-speed internet service.
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August 01, 2025
US Defends Bulk Denial Of Worker Credits At 9th Circ.
An Arizona federal court was right to deny a request by tax services firms to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, the U.S. told the Ninth Circuit, defending the agency's system for handling problems administering the tax credit.
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August 01, 2025
7th Circ. Backs Prison Warden's Firing Over Facebook Memes
The Seventh Circuit has refused to revive a deputy prison warden's suit claiming he was terminated in retaliation for sharing memes online denigrating Muslims, Black people, liberals and the LGBTQ community and calling the Confederate flag "our flag," saying the corrections department's interest as a public employer outweighs his speech interests.
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August 01, 2025
Senate Dem Pitches Way To Keep TikTok Online Without Sale
U.S. Sen. Ed Markey, D-Mass., is floating a proposal that would require TikTok to be transparent about how it displays content and limit foreign access to user data in order to allow the app to escape a legislative mandate to cut ties with its Chinese parent company, ByteDance, or face a nationwide ban.
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August 01, 2025
Texas Bill Seeks Permanent Limit For Property Tax Increases
Texas would establish a permanent cap on increases in the appraised value of real property other than residence homesteads for property tax purposes if voters approve a proposed constitutional amendment authorizing the cap, as part of legislation filed in the state House of Representatives.
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August 01, 2025
Judge Says NJ Comptroller Can Subpoena Bistate Agency
A New Jersey federal judge tossed the Delaware River Port Authority's suit claiming that the Garden State's comptroller unlawfully attempted to force it to comply with two investigative subpoenas, ruling that there is nothing to bar the comptroller from unilaterally issuing subpoenas to the New Jersey-Pennsylvania bistate transit agency.
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August 01, 2025
ECJ Strikes Down Italy's Tax On Cross-Border Dividends
The Italian government breached the European Union's double-taxation protections for an Italian bank by taxing the bank's cross-border dividends via two separate levies, the EU's top court ruled Friday.
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August 01, 2025
Monthly Merger Review Snapshot
The U.S. Department of Justice abandoned its challenge of a corporate travel management deal, while lawmakers are calling for scrutiny of the agency's recent decision to settle a different case, and the Federal Trade Commission agreed to nix the requirements placed on a pair of oil and gas deals.
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August 01, 2025
Feds Won't Retry Madigan Co-Defendant After Mistrial
Prosecutors asked an Illinois federal judge on Friday to dismiss charges against ex-Illinois House Speaker Michael Madigan's longtime confidant Michael McClain after a jury was unable to reach a decision on the counts against McClain when the pair were tried together.
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August 01, 2025
FCC Lets Univ. Use CBRS For Salt Lake City Research Tool
The University of Utah has received special dispensation to use spectrum set aside for the Citizens Broadband Radio Service for its "valuable, innovative research," the Federal Communications Commission revealed.
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August 01, 2025
6th Circ. Upholds Michigan Ban On Drone-Assisted Hunting
The Sixth Circuit upheld a Michigan law that prohibits the use of drones for hunting, finding the state has a compelling reason to manage wildlife hunts despite the free speech objections lodged by the plaintiffs.
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August 01, 2025
FCC Asked To Narrow Undersea Cable Rule's License DQs
The Federal Communications Commission might have been "excessively, and perhaps unintentionally, stringent" when it was drafting the new rules for undersea cables, a trade group told the agency, particularly when it comes to character disqualifications.
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August 01, 2025
EPA Beats Coolant Cos.' Challenge To HFC Regs
The D.C. Circuit on Friday rejected refrigerant companies' challenges to a law requiring the U.S. Environmental Protection Agency to phase down the use of hydrofluorocarbons and said the cap-and-trade program implementing the law was based on sound methodology.
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August 01, 2025
NY Law Mandating Judicial Fine Declared Unconstitutional
A New York state appeals court has declared unconstitutional a statute that mandates a judge forfeit $1,000 to a plaintiff if the judge refuses to issue a writ of habeas corpus.
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August 01, 2025
Mich. Judge Tosses MSU Students' $99 Class Fee Complaint
A Michigan federal judge dismissed a lawsuit by two students claiming their Michigan State University professor should be liable for charging them a $99 course fee that she used to fund her political activism, saying the students were given a refund and the fee was not "compelled speech."
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August 01, 2025
Ex-Copyright Chief Appeals Denial Of Reinstatement Bid
The former head of the U.S. Copyright Office will appeal a D.C. federal judge's denial of her request to be immediately reinstated to her former position after she was fired by President Donald Trump while her suit remains pending.
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August 01, 2025
Politics And Privacy Laws Collide 5 Years After Salas Shooting
Five years after a disgruntled litigant killed a New Jersey federal judge's son at their home, experts and judges disagree over whether the judicial privacy laws enacted following the shooting are doing much to protect jurists, while political leaders' heated rhetoric makes for an even more dangerous landscape for judges.
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August 01, 2025
Banking TCPA Rule Changes Go Too Far, Consumer Org. Says
Consumer advocates urged the Federal Communications Commission to reject changes floated by banking groups to rules for revoking consumer consent to receive calls and texts, saying they would cause confusion and make it harder to block unwanted contacts.
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August 01, 2025
US Prices Set To Rise With 18.3% Average Tariff, Report Says
Prices of food, vehicles, computers and clothing are expected to rise significantly in the coming years as the median household's income takes a $2,200 hit under the latest assortment of U.S. tariffs, which bring the average rate to 18.3%, a Yale research center said Friday.
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August 01, 2025
Developer Group Wants Pittsburgh Inclusionary Zoning On Ice
A Pittsburgh trade group has asked a Pennsylvania federal court to temporarily bar enforcement of a zoning ordinance mandating that large multifamily developments include affordable units, after the city's planning department demanded that a member comply with the ordinance.
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August 01, 2025
NC Legislation Highlights Of The 1st Half Of 2025
The North Carolina General Assembly has pushed through another round of hurricane relief aid to help the western swath of the state while lawmakers remain in talks to repeal a long-standing healthcare law that critics say hampers competition. Here are five North Carolina bills from the year's first half that saw the governor's stamp of approval or remain up for debate.
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August 01, 2025
Hyundai, Kia Can't Get Rehearing On Cities' Car Theft MDL
The Ninth Circuit won't hold an en banc rehearing on an appeal from Hyundai Motors America Inc. and Kia America Inc. seeking to dismiss negligence claims by cities in three of seven states in multidistrict litigation over their alleged failure to install anti-theft technology in millions of vehicles.
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July 31, 2025
White House Unveils New Tariffs On Dozens Of Countries
President Donald Trump on Thursday announced a slew of new tariffs on nearly 70 countries that range from roughly 10% to 40%, unveiling the tariffs a day before his pause on worldwide "reciprocal" tariffs was set to expire Friday.
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July 31, 2025
3 DOJ Attys Face Bar Complaints Over ÃÛÌÒÊÓÆµ Representation
A legal watchdog group Thursday lodged bar complaints against a trio of U.S. Department of Justice lawyers, accusing them of making misleading and false statements in court filings while defending the Trump administration in litigation over its attempt to dismantle the Consumer Financial Protection Bureau.
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July 31, 2025
Justices Told State Med Mal Laws Fly In Federal Court
A Delaware federal court must apply a state statute requiring an expert affidavit in all medical malpractice suits, a hospital defendant told the U.S. Supreme Court, as key aspects of the Delaware law and similar statutes in 28 other states "should not be checked at the federal courthouse doors."
Expert Analysis
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Opinion
The SEC Should Embrace Tokenized Equity, Not Strangle It
The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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How Sweeping Budget Bill Shakes Up Health Industry
With the recently passed One Big Beautiful Bill Act marking one of the most significant overhauls of federal health policy since the passage of the Affordable Care Act, providers, managed care organizations and life sciences companies must now shift focus from policy review to implementation planning, say advisers at Holland & Knight.
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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Legal Ops, Compliance Increasingly Vital To Antitrust Strategy
With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.
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What's Next For ÃÛÌÒÊÓÆµ After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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What To Know As SEC Looks To Expand Private Fund Access
As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.
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Fla. Law Is Part Of State Trend On Curbing Foreign Influence
A recently effective Florida law that broadly prohibits charities from receiving or soliciting funds from individuals and entities associated with certain foreign countries, the first of its kind in the nation, follows a growing state-level focus on foreign influence regulation, say attorneys at Venable.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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IPR Decisions Clarify Stewart's 'Settled Expectations' Factor
Recent discretionary denial decisions from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart have begun to illuminate the contours of her "settled expectations" doctrine, informing when it might be worth petitioning for inter partes review if the patent at issue has been in force for a few years, say attorneys at Morgan Lewis.