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Public Policy
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July 10, 2025
Navigation Co. Says Study 'Validates' GPS Backup Plan
Geolocation company NextNav Inc. told the Federal Communications Commission in a letter Wednesday that detractors of its proposal to use the lower 900 MHz spectrum to deploy an Earth-based backstop for the Global Positioning System have raised unfounded concerns and mischaracterized an engineering study supporting its proposal.
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July 10, 2025
Texas Judge Partially Voids DOL's ERISA Rollover Rule
A Texas federal judge partially invalidated an investment advice regulation from President Donald Trump's first administration involving employee retirement savings and rollover transactions, ruling the U.S. Department of Labor exceeded its authority when it handed down a new interpretation of federal benefits law.
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July 10, 2025
Trump Says 50% Copper Tariff Will Begin Aug. 1
President Donald Trump said his new 50% tariff on copper imports will take effect Aug. 1, citing national security concerns.
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July 10, 2025
Dems Say 3rd Circ. Nominee Urged DOJ To Ignore Courts
Senate Democrats on the Judiciary Committee on Thursday unveiled 150 pages of documents, which they say substantiate whistleblower allegations against Third Circuit nominee Emil Bove and raise concerns about his conduct during his tenure at the U.S. Department of Justice.
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July 10, 2025
5 Employee Benefits Takeaways On The GOP Tax Bill
Congressional Republicans' sweeping tax and policy bill, which President Donald Trump sought and then signed, contains multiple provisions that caught the attention of employee benefits and executive compensation attorneys, including new changes to high-deductible health plans and an employer-side deduction limit affecting highly compensated employees. Here are five takeaways from employee benefits and executive compensation attorneys on what's in — and out of — the GOP megabill.
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July 10, 2025
Fla. Can't Enforce Residency Rule On Some Canvassers
A Florida federal judge has issued a preliminary injunction blocking state officials from enforcing residency and citizenship requirements for paid canvassers aligned with some sponsors and supporters of ballot initiatives, finding the blanket ban violates the First Amendment.
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July 10, 2025
Judge Blocks Trump's Birthright Citizenship Order Nationwide
A New Hampshire federal judge on Thursday issued a nationwide block of President Donald Trump's executive order limiting birthright citizenship, and granted certification to a nationwide class that will cover all affected children born in the U.S.
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July 09, 2025
Judge Unlikely To Halt ATF Return Of 'Machine Gun' Triggers
A Maryland federal judge said she was unlikely to block settlements between the federal government and gun-component manufacturers allowing the Bureau of Alcohol, Tobacco, Firearms and Explosives to return "forced reset triggers" to their owners and questioned the standing of states that claim the returns would break their laws.
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July 09, 2025
Trump Slaps Brazil With 50% Tariff, Cites Bolsonaro Trial
President Donald Trump said Wednesday that Brazilian goods sent to the U.S. can expect a 50% tariff starting in August, saying that the increased levy was in part due to Brazil's charges against its former president, Jair Bolsonaro.
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July 09, 2025
Iowa Urges Judge Not To Block Law Regulating PBMs
The state of Iowa urged a federal judge Tuesday not to halt enforcement of state restrictions on pharmacy benefit managers that took effect earlier this month, arguing that most of the challenged law doesn't apply to the health plans and employers seeking to enjoin it.
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July 09, 2025
Sierra Club Says OMB Ignoring Funding Freeze Info Requests
The Office of Management and Budget's refusal to produce records concerning the Trump administration's freeze of federal funding programs is impeding the Sierra Club's mission to advocate for and educate the public about pressing public health and environmental issues, the environmental organization alleged Tuesday in California federal court.
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July 09, 2025
Senate Confirms Airline Executive To Lead FAA
The U.S. Senate Wednesday largely voted along party lines to confirm President Donald Trump's nominee to lead the Federal Aviation Administration.
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July 09, 2025
Senators Weigh Principles To Guide Crypto Market Rules
Senate Democrats and a former chair of the U.S. Commodity Futures Trading Commission homed in on the importance of preserving the strength of existing securities laws during a Wednesday hearing where senators and industry experts previewed their priorities for the chamber’s coming crypto market structure proposal.
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July 09, 2025
Trump Admin Beats Injunction Bid Over Deleted Webpages
A Washington, D.C., federal judge on Wednesday rejected the Sierra Club and other nonprofits' request for a preliminary injunction forcing federal agencies to restore webpages the groups said provided critical environmental information, saying they hadn't shown keeping the status quo while their case is pending would cause irreparable harm.
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July 09, 2025
Ohio Officials Sued Over $600M In Funds For Browns Stadium
The transfer of $600 million in unclaimed property funds to the Cleveland Browns to help finance a proposed new suburban stadium for the NFL team is an "unconstitutional and unlawful misappropriation of private property,'' a group of unclaimed-property owners alleged in a proposed class action in Ohio state court against several state officials.
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July 09, 2025
USPTO Defends Termination Of Art Project Patent App
The U.S. Patent and Trademark Office on Wednesday defended its decision to sanction an art kit company that hired a patent services business that used a licensed practitioner's signature in a patent application without permission, saying it had the authority to terminate the application.
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July 09, 2025
FCC Targets Older Regulations On Phone Service 'Slamming'
The Federal Communications Commission will take a close look during its July meeting at whether to consolidate or even scrap a bevy of rules against "slamming," or the unauthorized switching of phone services to a new provider.
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July 09, 2025
7th Circ. Nixes Rail Sharing Order Power For Subpar Service
Federal regulators can't give themselves power to order rail carriers to share shipments with their rivals unless the incumbent railroad's service is "inadequate," a Seventh Circuit panel said in striking a Surface Transportation Board rule designed to empower such mandates when service merely fails certain reliability metrics.
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July 09, 2025
EPA Sued Over Oil Refineries' Hydrogen Fluoride Use
A group of environmental advocates has hauled the U.S. Environmental Protection Agency into California federal court to stop the use of hydrogen fluoride in domestic oil manufacturing refineries, arguing it's endangering the public and the Toxic Substances Control Act requires that the agency eliminate those risks through regulations.
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July 09, 2025
DOJ Atty Floats Axing Removal Law As Only Fix For Adversaries
A U.S. Department of Justice attorney suggested that killing the expedited removal statute, which enables the swift expulsion of unauthorized immigrants, is the only hypothetical relief that a court can offer a group challenging President Donald Trump's expansion of the law.
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July 09, 2025
LA County, Cities Want In On Immigration Enforcement Suit
Los Angeles County and several of its cities have urged a California federal court to let them join a proposed class action that seeks to stop the Trump administration from continuing what officials say are unconstitutional immigration raids in their communities.
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July 09, 2025
Water Co. Can't Charge Customers $42M, Conn. Justices Say
State regulators lawfully rejected Eversource subsidiary Aquarion Water Co. of Connecticut's 2022 request to increase rates by $42 million to pay for plant additions, but they wrongly scuttled the utility's $1.5 million bid to recover conservation expenses, the Connecticut Supreme Court ruled Wednesday.
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July 09, 2025
Suit Challenges Colo. Abortion Parental Notice Law
An OB-GYN asked a Colorado state judge on Tuesday to block the state's requirement for minors seeking an abortion to give notice to a parent, saying it runs afoul of a 2024 amendment to the Colorado Constitution.
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July 09, 2025
DOJ Says Calif.'s Trans Student Athlete Policies Violate Title IX
The U.S. Department of Justice on Wednesday accused the California Department of Education of illegally discriminating against cisgender female student athletes by allowing transgender girls to compete on girls' high school sports teams.
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July 09, 2025
Red States Want In On Youths' Suit Over Trump Energy Orders
A coalition of Republican states led by Montana asked a federal court Tuesday for permission to intervene in a lawsuit brought by youths challenging President Donald Trump's recently enacted fossil fuel policies.
Expert Analysis
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Navigating Antitrust Risks When Responding To Tariffs
Companies should assess competitive perils, implement compliance safeguards and document independent decision-making as they consider their responses to recent tariff pressures, say attorneys at White & Case.
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Breaking Down Part 3 Of The Copyright Office's AI Report
On May 9, the U.S. Copyright Office published a prepublication version of the third and final part of its three-part report on artificial intelligence, offering key insights on the unauthorized use of copyrighted material by AI systems, says Courtney Sarnow at CM Law.
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8 Insurer Takeaways From Sweeping Georgia Tort Reform
Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
FCPA Shift Is A Good Start, But There's More DOJ Should Do
The U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines bring a needed course correction amid overexpansive enforcement, but there’s more the DOJ can do to provide additional clarity and predictability for global companies, say attorneys at Norton Rose.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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How Providers Can Brace For Drug Pricing Policy Changes
Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.
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Comparing New Neural Data Privacy Laws In 4 States
Although no federal law yet addresses neural privacy comprehensively, the combined effect of recent state laws in Colorado, California, Montana and Connecticut is already shaping the regulatory future, but a multistate compliance strategy has quickly become a gating item for those experimenting with neuro-enabled workplace tools, says Kristen Mathews at Cooley.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.
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Debunking 4 Misconceptions Around Texas' IV Therapy Law
Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.