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Public Policy

  • June 05, 2025

    Maryland Judge Halts 'Mass Closure' Of AmeriCorps Programs

    A Maryland federal judge on Thursday temporarily enjoined the Trump administration's "mass closure" of AmeriCorps programs in two dozen states and ordered more than 750 national service members be restored, but declined to vacate the firing of AmeriCorps' paid staff.

  • June 05, 2025

    'Rubio Determination' Must Be Stricken, Khalil Says

    Attorneys for Columbia University graduate Mahmoud Khalil asked a New Jersey federal court to block Secretary of State Marco Rubio's doctrine of linking deportation with foreign policy interests, telling the court that he will suffer irreparable harm if his detention on foreign policy grounds continues.

  • June 05, 2025

    Orgs. Clash At DC Circ. Over FCC's Spectrum Revamp

    Public safety groups are clashing at the D.C. Circuit over whether the Federal Communications Commission overstepped its authority when it expanded spectrum rights in the 4.9 gigahertz band, a segment of airwaves long relied on by emergency responders.

  • June 05, 2025

    Trump Expects China Trade Talks To Resume After Xi Phone Call

    President Donald Trump said he and Chinese President Xi Jinping spoke over the phone Thursday about an impasse in ongoing trade talks over U.S. claims China was slow-walking the exports of rare earths, with Trump saying he expects meetings between the countries' negotiating teams to resume.

  • June 05, 2025

    Copyright Office Says Registration Delay Had No Legal Impact

    The U.S. Copyright Office said Thursday that a two-week pause on issuing registration certificates last month after its leader was fired did not adversely affect any claimant's rights.

  • June 05, 2025

    DOJ Wants Fix-It-1st Mergers, Not 'Fix-It-2nd'

    The U.S. Department of Justice Antitrust Division's top merger official walked a fine line Wednesday between avoiding "a lingering regulatory review tax" on benign transactions and over-confident prognostications that markets will "self-correct" without intervention, and between encouraging companies to address concerns upfront and "shadow" settlements with the government.

  • June 05, 2025

    Feds Must Help Venezuelans Seek Habeas Relief, Judge Says

    A D.C. federal judge said the Trump administration must help Venezuelan nationals deported from the U.S. to El Salvador's Terrorism Confinement Center seek habeas relief to challenge their removal, finding they're likely to succeed on the merits of their due-process claim.

  • June 05, 2025

    Dems, GOP Question Contempt Section Of Reconciliation Bill

    Senate Democrats have vowed to do whatever they can to defeat a provision in the budget reconciliation that would limit federal courts' ability to hold federal officials in contempt, and some Republicans are wary of it as well. 

  • June 05, 2025

    Feds Invest Millions To Revitalize Former Coal Mine Sites

    The U.S. Department of the Interior is doling out $130 million to help states and tribes redevelop former coal mine sites.

  • June 05, 2025

    Mich. AG Asks Judge To Block Abortion Coercion Screening

    Michigan's attorney general has asked a judge to strike down a state-law requirement that abortion patients be evaluated for coercion, after the judge upheld the screening while permanently blocking other abortion regulations last month.

  • June 05, 2025

    Conn. Bill Boosts Atty Presence On Judge Selection Panel

    Both houses of the Connecticut Legislature this week passed a bill that would alter the Constitution State's Judicial Selection Commission, replacing two nonattorney seats with positions held by lawyers and heightening job requirements for lawyers selected to vet applications for appointment to the bench.  

  • June 05, 2025

    Ex-Bush Admin Atty To Lead HHS Civil Rights Office

    The U.S. Department of Health and Human Services has appointed an attorney to lead its civil rights office who brings more than 30 years of experience across the public sector and private practice, including as counsel for HHS during the George W. Bush administration.

  • June 05, 2025

    Convicted Fla. Atty Urges 11th Circ. To Reexamine Sentence

    A Florida lawyer sentenced to 75 months in prison over a COVID-19 loan fraud scheme has asked the Eleventh Circuit to rehear her sentencing en banc, arguing the appellate court should reexamine the district court's so-called Keane statement allegedly disregarding sentencing guidelines.

  • June 05, 2025

    Feds 'May Not Arrest' Columbia Student, Judge Says

    A Manhattan federal judge declined Thursday to dismiss a Columbia University undergraduate's suit claiming the Trump administration is unlawfully seeking her arrest and removal because she expressed pro-Palestinian views at a rally, sharply criticizing the feds' approach.

  • June 05, 2025

    Ill. Judge Tosses Dredged Waste Suit After Feds Pull Site Plan

    An Illinois federal judge on Thursday dismissed with prejudice a lawsuit challenging a U.S. Army Corps of Engineers plan to expand a disposal site that stores sediments dredged from Chicago waterways, citing the agency's withdrawal of its decision over the Lake Michigan shoreline facility.

  • June 05, 2025

    DOJ Says NCAA Eligibility Rule May Benefit Student-Athletes

    The U.S. Department of Justice is weighing in on the NCAA's eligibility rule, saying it is not asserting a position but asking the court to take a measured approach when considering the preliminary injunction request of a University of Tennessee basketball player.

  • June 05, 2025

    Senate Panel Advances Picks For Nat. Sec. Post, Iowa US Atty

    The Senate voted 52-43 along party lines on Thursday to confirm John Andrew Eisenberg to be assistant attorney general for national security.

  • June 05, 2025

    Students Removal Case Witnesses Fear Retaliation, Orgs. Say

    Potential witnesses are afraid the government will retaliate against them if they testify in a free speech case brought by academic organizations over immigration officials' detention of non-citizen students and faculty for expressing pro-Palestinian views, according to a filing in Massachusetts federal court seeking a protective order.

  • June 05, 2025

    DOL Head Vows To Fight Wage Theft With Fewer Investigators

    The U.S. labor secretary told a U.S. House committee Thursday that the Department of Labor will continue to combat wage theft even with fewer resources after President Donald Trump's administration proposed cutting the number of wage and hour investigators.

  • June 05, 2025

    DOL Benefits Arm Needs Turnaround, Nominee Tells Senators

    President Donald Trump's pick to lead the U.S. Department of Labor's employee benefits division told a Senate panel Thursday to prepare for an overhaul of the subagency if he's confirmed, vowing to change the direction of enforcement, regulation and more.

  • June 05, 2025

    USDA Sued Over $13M Food Aid Cut In Pennsylvania

    Pennsylvania sued the U.S. Department of Agriculture for pulling $13 million in funds meant for a local food purchase assistance program, telling a federal judge that the decision will have a "devastating effect" on the state's farmers and food banks contrary to the department's mission.

  • June 05, 2025

    Connecticut Lawmakers OK Bill Targeting Illicit THC

    Legislators in Connecticut have approved a bill cracking down on illicit marijuana and hemp product sales outside the state's regulated marketplace.

  • June 05, 2025

    Judge Wants Details On Harm From Trump Wind Farm Pause

    A Massachusetts federal judge Thursday asked a coalition of states and a clean-energy advocacy group for more specifics about the harm they allegedly will be caused by the Trump administration's decision to pause wind farm permitting, and said he wanted to move forward with a trial "promptly."

  • June 05, 2025

    Calif. Assembly OKs Exemption For Returned Tribal Land

    California land that is transferred to a federally recognized Native American tribe would be exempt from state real estate transfer tax under a bill passed in the state Assembly. 

  • June 05, 2025

    Justices Nix Mexico's Cartel Violence Suit In Win For Gun Cos.

    The U.S. Supreme Court on Thursday threw out a suit by the government of Mexico against Smith & Wesson and other major gun companies, finding in a unanimous opinion that the alleged ties between the firearms makers and cartel violence south of the border are too speculative to stand up in court.

Expert Analysis

  • Charging A Separate Tariff Fee May Backfire For Retailers

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    In the wake of the Trump administration's newly imposed tariffs, retailers facing significant supply chain cost increases may be considering adding a tariff fee to offset these costs, but doing so risks violating state drip pricing bans, say attorneys at Benesch.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Why Trade Cases May Put Maple Leaf Deference On Review

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    When litigation challenging the president’s trade actions reaches the Federal Circuit, the court will have to reevaluate the Maple Leaf standard in light of the U.S. Supreme Court's 2024 Loper Bright decision limiting Chevron-like deference to cases involving statutory provisions in which Congress delegated discretionary authority to the executive branch, say attorneys at Wiley.

  • Risk Control Tips For Banks With Cryptocurrency Customers

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    Given federal policy shifts, cryptocurrency's presence within the U.S. banking system will doubtless increase, so banks should keep in mind key risk control considerations when accepting funds related to cryptocurrency transactions — and make sure they know their customers and the crypto industry, says Jason Noto at Polsinelli.

  • How The USPTO Might Find A Path Forward After Job Cuts

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    Recent layoff plans and other cost-reduction initiatives at the U.S. Patent and Trademark Office call for a corresponding adjustment to improve operational efficiency, such as adding post-filing examination request procedures and artificial intelligence enhancements, says James Gourley at Carstens Allen.

  • How Trump Orders Affect Health Orgs.' Care For Trans Minors

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    Two recent executive orders issued by President Donald Trump regarding gender-affirming care for minors have put healthcare organizations in a precarious situation, and these institutions should prepare for various implications and potential scenarios, say attorneys at ArentFox.

  • FDIC Rules Rollback Foretells More Pro-Industry Changes

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    The Federal Deposit Insurance Corp.’s March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill’s commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.

  • Trump DOE's Plan On AI Offers Challenges, Opportunities

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    The Trump administration's push to make federal land available for development of artificial intelligence data centers follows a similar Biden administration proposal — but a new request for information from the U.S. Department of Energy envisions a rapid timeline that may prove challenging for both the DOE and industry stakeholders, say attorneys at HWG.

  • NY Tax Talk: Sourcing, Retroactivity, Information Services

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    Attorneys at Eversheds Sutherland examine recent decisions by New York’s Tax Appeals Tribunal, Division of Taxation and Court of Appeals on location sourcing of broker-dealer receipts, a case of first impression on the retroactive application of Corporate Franchise Tax regulations and when fees for information services are excluded from taxation.

  • DOJ Memo Maps Out A Lighter Touch For Digital Assets

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    A recent memo issued by the Justice Department signals a less aggressive approach toward the digital asset industry, with notable directives including disbandment of the National Cryptocurrency Enforcement Team, a higher evidentiary bar for unlicensed money transmitting, and prosecutions of individuals rather than platforms, say attorneys at Cleary.

  • SEC Update May Ease Accredited Investor Status Verification

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    The U.S. Securities and Exchange Commission recently opened a new avenue to verifying accredited investor status, which could encourage more private fund sponsors and other issuers to engage in a general solicitation with less fear that they will lose the offering's exemption from registration under the Securities Act, say attorneys at Simpson Thacher.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Avoiding Compliance Risks Under Calif. Recycling Label Law

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    CalRecycle's recently published final findings on California's S.B. 343 — determining which products and packaging materials are eligible to use the "chasing arrows" recyclability symbol — offer key guidance that businesses operating in the state must heed to avert the risk of penalties or litigation, says Christopher Smith at Greenspoon Marder.

  • Reproductive Health Under Trump So Far, And What's Next

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    Based on priorities stated so far, the Trump administration will likely continue to weaken Biden-era policies that protect reproductive health, with abortion, in vitro fertilization and contraception all being issues to watch closely amid a post-Dobbs shift, say attorneys at McDermott.

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