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Public Policy
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.Â
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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.
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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.
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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. Â
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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EPA's Proposed GHG Reform Could Hinder Climate Regulation
The Trump administration will reconsider the U.S. Environmental Protection Agency's landmark 2009 greenhouse gas endangerment finding, which could leave the U.S. federal government with no statutory authority whatsoever to regulate climate change or greenhouse gas emissions, says David Smith at Manatt.
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SEC's Noteworthy Stablecoin Guidance Comes With Caveats
The U.S. Securities and Exchange Commission recently issued a statement concluding that a narrow class of stablecoins doesn't involve the offer or sale of securities — a significant step forward in recognizing that not all crypto-assets are created equal, though there remains a pressing need for broader regulatory clarity, say attorneys at A&O Shearman.
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Self-Disclosure Calculus Remains Complex Under Trump DOJ
Shifting policy focus under the Trump administration's Justice Department has created uncertainty for individuals considering voluntarily self-disclosing crimes that are no longer considered an enforcement priority, but there has been no indication that the administration intends on dialing back self-disclosure programs, say attorneys at Fox Rothschild.
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4 Ways US Banks Can Operate In Canada
Contrary to recent statements from the Trump administration, there are several options for U.S. banks that want to operate and compete in Canada, and the country’s bank ownership regime may actually be more favorable to U.S. banks than to Canadian shareholders, say attorneys at Torys.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Key Digital Asset Issues Require Antitrust Vigilance
As the digital assets industry continues to mature and consolidate during Trump 2.0, it will inevitably bump up against the antitrust laws in a new way, with potential pitfalls related to merger reviews, conspiratorial or monopolistic conduct, and interlocking directorates, say attorneys at Crowell & Moring.
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What's Next For Lab Test Regulation Without FDA Authority
A recent Texas federal court decision vacating the U.S. Food and Drug Administration's final rule that would apply FDA regulations to laboratory-developed tests signals potential positive impacts in the diagnostic space, and could inspire more healthcare entities to litigate against the government, say attorneys at Hooper Lundy.
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11 Tips For Contractors Dealing With DOD Staff Reductions
Defense contractors should prepare for a wide range of disruptions related to procurement and contract administration that are likely amid federal workforce reductions, say attorneys at Covington.
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Pay Cos. That Adapt Can Benefit As Gov't Ends Paper Checks
Recent executive orders, instructing the government to cease issuing paper checks and to modernize and fraud-proof federal payments, will likely benefit financial services providers that facilitate government disbursements — provided they can manage the challenges and risks of transitioning to fully digital payments, say attorneys at Davis Wright.
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4 Takeaways From La. Coastal Wetland Damage Verdict
A recent $745 million verdict in a case filed by a Louisiana parish against Chevron for violating a Louisiana environmental law illustrates that climate-related liabilities pose increasing risk and litigation risk may not follow a red state versus blue state divide, say attorneys at ArentFox Schiff.
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Staying The Course On Consumer Financial Law Compliance
Although there may be some regulatory uncertainty, with many rule changes on hold, and enforcement actions and investigations terminated, 11 fundamental laws and rules governing consumer financial services are unlikely to change, say attorneys at K&L Gates.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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How Proxy Advisory Firms Are Approaching AI And DEI
Institutional Shareholder Services' and Glass Lewis' annual updates to their proxy voting guidelines reflect some of the biggest issues of the day, including artificial intelligence and DEI, and companies should parse these changes carefully, say attorneys at Cahill Gordon.
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6 Criteria Can Help Assess Executive Branch Actions
With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.
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Opinion
Administrative Disaster At Bankruptcy Courts May Be In Sight
If, as a result of voluntary resignations or terminations, the professional staff of the U.S. Trustee's Office is depleted, it will undoubtedly cause a slowdown in the administrative process for the significant majority of bankruptcy cases, says Charles Tatelbaum at Tripp Scott.