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Public Policy

  • June 05, 2025

    Crypto.com Says Nevada Can't Sue Over Sports Contracts

    The derivatives platform owned by Crypto.com on Thursday urged a Nevada federal judge to block the state's gaming regulators from taking action over its sports event contracts, arguing the federal court has already granted similar relief to trading platform Kalshi.

  • June 05, 2025

    SEC Seeks To Cut Enforcement Staff To 2010 Levels

    The U.S. Securities and Exchange Commission could see its lowest level of enforcement attorneys since the first Obama administration if Congress approves the agency's requested budget, with the proposal indicating that even more workers could leave the SEC in the next fiscal year. 

  • June 05, 2025

    Elon Musk Seeks $5B For AI Startup, Amid Other Reports

    Elon Musk is planning a $5 billion debt sale for his AI startup, Ontario’s pension seeks final bids for an Indian hospital system, and Merck eyes a Swiss biotech with a potential $3 billion price tag. Here's a rundown of these and other notable deal rumors from the last week:

  • June 05, 2025

    Sens. Float Automatic Biosimilar Interchangeable Label

    A bipartisan group of U.S. senators has reintroduced legislation that would reduce what the lawmakers called barriers to accessing lower-cost versions of biologic drugs, making an adjustment to how biosimilars are deemed interchangeable with their name-brand equivalents.

  • June 05, 2025

    $1.36B Home Healthcare Deal Dropped Amid FTC Scrutiny

    Healthcare solutions company Owens & Minor said Thursday that it's abandoning its $1.36 billion plan to buy home-based care business Rotech Healthcare Holdings after the Federal Trade Commission's scrutiny proved too much to bear.

  • June 05, 2025

    Groups Call US-Salvadoran Migrant Detainee Deal Unlawful

    A coalition of immigrant advocacy groups and criminal defense lawyers sued the Trump administration in D.C. federal court Thursday, alleging its agreement with El Salvador to imprison deported noncitizens for as much as $20,000 per person violates federal law.

  • June 05, 2025

    4 AGs Urge FDA To Lift Abortion Pill Restrictions

    Attorneys general from California, Massachusetts, New York and New Jersey on Thursday urged the U.S. Food and Drug Administration to lift restrictions on the abortion drug mifepristone, saying they aren't necessary under statutory requirements for an FDA drug safety program.

  • June 05, 2025

    Fed, OCC Face Bipartisan Call For Leverage Ratio Reform

    Republican and Democratic lawmakers teamed up Thursday to urge federal banking regulators to revisit their bank leverage rules "with haste," pointing to U.S. Treasury market liquidity concerns and asking for details about potential adjustments under consideration.

  • June 05, 2025

    States, Attys, Groups Push 8th Circ. For ND Tribes' Voting Rights

    Nineteen states, 16 former federal attorneys and a slew of civil rights groups are backing two North Dakota tribes in their efforts for an Eighth Circuit rehearing, arguing the appellate court's semantic shift regarding voting rights presents important questions that merit its full consideration.

  • June 05, 2025

    SEC Beats Challenge To Stricter Shareholder Proposal Rule

    A Washington, D.C., federal judge Thursday upheld the U.S. Securities and Exchange Commission's rule that raises eligibility requirements for submitting shareholder proposals, disagreeing with investor advocacy groups that the requirements "severely impair" investors' input on corporate policies.

  • June 05, 2025

    States Push To Block Feds From Slashing EV Charging Funds

    Sixteen states have pressed a Washington federal judge to block the Trump administration from cutting off congressionally approved funding for electric-vehicle charging infrastructure projects, saying state budgets and procurement processes are being upended by the administration's unilateral actions.

  • June 05, 2025

    Wash. County Ex-Diversity Manager Lodges Retaliation Suit

    A former equity, inclusion and belonging manager for Washington state's King County, home to Seattle, has launched a lawsuit contending she was blocked from addressing employee concerns about bias in the workplace, mistreated by white male colleagues, and ultimately pushed out amid a "challenging culture of silence and inaction."

  • June 05, 2025

    SEC Panel Backs Rules Curbing Advisers' Arbitration Power

    An investor-focused committee recommended Thursday that the U.S. Securities and Exchange Commission enact rules governing mandatory arbitration clauses between registered investment advisers and their clients, concerned that such clauses can harm investors.

  • June 05, 2025

    Multifamily REIT Hit With Housing Voucher Bias Suit

    A civil rights nonprofit has accused multifamily real estate investment trust AvalonBay Communities Inc. of discriminating against tenants who use housing vouchers by falsely advertising the bedrooms in one of its District of Columbia properties.

  • June 05, 2025

    Mich. Judge Trims Property Owners' Foreclosure Surplus Suit

    A Michigan federal judge trimmed a proposed class action filed by former property owners who accused Wayne County of wrongfully refusing to pay them surplus proceeds from tax foreclosure sales.

  • June 05, 2025

    Texas Plastics Co. Challenges IRS Over Microcaptive Rules

    A Texas plastics company sued the IRS over regulations flagging microcaptive insurance plans as potentially abusive tax avoidance schemes, telling a Texas federal court that the agency exceeded its authority by imposing broad disclosure requirements that could penalize even legitimate arrangements.

  • June 05, 2025

    DOJ Says Cross-Border Monopoly Member Deserves 11 Years

    The U.S. Department of Justice is seeking 11 years in prison and a $2 million fine for a man who pled guilty to charges tied to the running of a cross-border used-car transport business, which prosecutors say used violence to keep competition at bay.

  • June 05, 2025

    Pa. City's Receiver Asks Court To Rein In Stormwater Board

    The receiver for the bankrupt city of Chester, Pennsylvania, told a state court Thursday that the city-created stormwater authority and its board of directors violated their charter and state law by expanding the board and paying the elected officials who were on it.

  • June 05, 2025

    Tenn. To Add New Tax To CBD And Delta-8 Products

    Tennessee is set to impose a new wholesale tax structure on hemp-derived THC products, eliminating its 6% retail sales tax at the beginning of 2026, according to a notice published Thursday.

  • June 05, 2025

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates more than 100 times in May on issues such as making room for 5G's use of the airwaves, licensing tribal spectrum, broadband mapping, the 12.7 gigahertz band, FCC satellite rules and more.

  • June 05, 2025

    Michigan House Escalates Docs Fight With Secretary Of State

    The Michigan House of Representatives sued the state's top election official Thursday, saying she has withheld election training materials from lawmakers despite a House subpoena.

  • 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 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.

Expert Analysis

  • Public Cos. Must Heed Disclosure Risks Amid Trade Chaos

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    Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.

  • Seven County Ruling Should Trim Agency Enviro Analysis

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    The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.

  • CMS Guidance May Complicate Drug Pricing, Trigger Lawsuits

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    Recent draft guidance from the Centers for Medicare & Medicaid Services proposes to expand the scope of what counts as the same qualifying single-source drug, which would significantly alter the timeline for modified drugs facing price controls and would likely draw legal challenges from innovator drug companies, say attorneys at Debevoise.

  • Digital Equity Act Grant Terminations Raise Key Legal Issues

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    The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.

  • GAO Report Reveals How Banks And Regulators Are Using AI

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    A U.S. Government Accountability Office report published last month makes clear that while both federal regulators and regulated entities like banks and credit unions are employing artificial intelligence to improve efficiency, they're maintaining some skepticism, say attorneys at Orrick.

  • Robinson-Patman Enforcement May Fizzle Out After PepsiCo

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    After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    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.

  • High Court Ruling Bucks Trend Of Narrowing Fraud Theories

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    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.

  • Calif. Air Board Offers Early Hints On Climate Reporting

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    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.

  • Parsing The SEC's No-Action Letter On Rule 192 Compliance

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    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.

  • 5 Ways In-House Counsel Can Stay Ahead Of New HSR Rules

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    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.

  • High Court Order On Board Firings Is Cold Comfort For Fed

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    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.

  • DOJ Policy Shifts May Resurrect De Facto 'China Initiative'

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    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.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    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.

  • Recent Complex Global Deals Reveal Regulatory Trends

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    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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