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Public Policy
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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.
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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.
Expert Analysis
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Opinion
In Vape Case, Justices Must Focus On Agencies' Results
With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.
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How Int'l Arbitration Could Factor In Tariff Dispute Resolution
As tariffs complicate international business contracts, the robust legal infrastructure supporting international arbitration can provide a more solid base for recovery of rewards than foreign court judgments, say attorneys at Foley & Lardner.
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How Calif., NY Could Fill Consumer Finance Regulatory Void
California and New York have historically taken the lead in consumer financial protection, and both show signs of becoming even more active in this area during the second Trump administration amid an enforcement pullback at the federal level, say attorneys at Sidley.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Tax Takeaways From Georgia's 2025 Legislative Session
Attorneys at Eversheds Sutherland discuss tax-related measures passed by the Georgia Legislature during the session that adjourned on April 4, which included a decrease in income tax rates, an extension of the time in which to a protest tax assessment and cleanup provisions related to launching the state’s new tax court next year.
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Unpacking FTC's New Stance On Standard-Essential Patents
Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.
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Limit On SEC Enforcement Authority May Mean Fewer Actions
Following a recent U.S. Securities and Exchange Commission final rule revoking the Enforcement Division director's long-standing authority to issue formal investigation orders, it's clear the division is headed for a new era of limited autonomy, marked by a significantly slower pace of SEC investigations, say attorneys at Ballard Spahr.
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How Lenders Should Prepare For Crypto As Collateral
Amid the administration's desire to position the U.S. as a digital banking leader, lenders should prepare for customers seeking to use cryptocurrency as collateral for financing, consider which rules govern these transactions, and assess their ability to obtain or maintain control of the virtual funds, say attorneys at Frost Brown.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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As SEC, CFTC Retreat, Who Will Police The Crypto Markets?
As the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission pull back from policing the crypto markets, the Federal Trade Commission and Consumer Financial Protection Bureau have the authority to pick up the slack — although recent events raise doubts that they will do so, say attorneys at Skadden.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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Calif. May Pick Up The Slack On Foreign Bribery Enforcement
The California attorney general recently expressed an interest in targeting foreign bribery amid a federal pause in Foreign Corrupt Practices Act enforcement, so companies should calibrate their compliance programs to mitigate against changing risks, especially as other states could follow California’s lead, say attorneys at Gibson Dunn.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Making Sense Of Small Biz Fair Lending Compliance
Despite the uncertainty brought on by the Consumer Financial Protection Bureau's recent efforts to revise fair lending data collection requirements under Section 1071 of the Dodd-Frank Act, the compliance dates have not yet been stayed, so covered institutions should still start to monitor any disparities now, say attorneys at Frost Brown Todd.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.