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Public Policy
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June 06, 2025
DC Circ. Backs FERC Extension For Southgate Pipeline Work
A D.C. Circuit panel on Friday affirmed the Federal Energy Regulatory Commission's construction deadline extension for the Mountain Valley Pipeline's southern spur, with one judge characterizing a suit challenging it as "typical" of litigation that has stymied American progress.
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June 06, 2025
Texas Court Says Doctor Can Be Sued For Service Dog Mauling
The Texas Supreme Court on Friday greenlit a suit accusing a gynecologist of negligently giving a patient a note stating that she required a service dog which later mauled a toddler, saying the alleged negligence is not a malpractice claim, therefore the plaintiffs did not need a medical expert's opinion.
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June 06, 2025
Supreme Court Limits Discovery In FOIA Suit Against DOGE
The U.S. Supreme Court halted discovery Friday into whether the Department of Government Efficiency is an agency subject to the Freedom of Information Act, but left the door open to future, more tailored inquiries about the inner workings of the initiative.
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June 06, 2025
Commerce Dept. Creates Tech-Neutral Plan For BEAD Funding
Commerce Secretary Howard Lutnick on Friday unveiled a technology-neutral approach for broadband deployment subsidies under the $42.5 billion program created during the Biden administration, which he argues will speed up the federal effort.
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June 06, 2025
Texas Justices Ax Multiplaintiff 'Jurisdictional Loophole'
The Texas Supreme Court on Friday closed a "gaping jurisdictional loophole" that allowed defendants to challenge jurisdiction in just about any case involving multiple plaintiffs, saying the mere presence of multiple plaintiffs is not enough to invoke appellate review.
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June 06, 2025
Denver Tenants Say Lack Of Repairs Made Building Unsafe
Tenants at a Denver apartment complex have filed a proposed class action against the owner as well as current and former property managers in state court, alleging the property became dangerous and unsanitary because the defendants refused to pay for necessary repairs.
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June 06, 2025
Calif. Says Nonprofit Can't Challenge Captive Meeting Law
California's labor commissioner asked a federal court Friday to toss a lawsuit challenging the state's law prohibiting so-called captive audience meetings, arguing that the nonprofit that sued to block the law lacks standing because it hasn't sufficiently alleged an injury or "a credible threat of prosecution."
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June 06, 2025
Bipartisan Bill Would Let Tribes Prosecute Drug Traffickers
Congressional lawmakers have introduced a bipartisan bill that would give tribal nations expanded authority to prosecute non-Native drug traffickers and combat the opioid crisis on their reservations.
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June 06, 2025
Unions Say Agencies Can't Handle Resignation Offer Dispute
Three federal worker unions urged a Massachusetts federal judge not to toss their challenge to the president's deferred resignation offer, saying the personnel agencies the government wants to send their suit to can't decide their claims or give them a fair shake.
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June 06, 2025
Crypto Groups Want Protections For Developers In House Bill
A coalition of crypto industry groups urged lawmakers and courts to shield developers from certain legal liabilities if their creations do not take hold of customer funds, including by enshrining protections in a proposal to regulate crypto markets that lawmakers continue to debate.
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June 06, 2025
Lobbying Firm Sued Over Deal For White House Meetings
A lobbying firm, its owner and an employee have been sued in Georgia federal court by a legal and consulting firm for breach of contract after they allegedly accepted partial payment for but never delivered on a $500,000 deal to arrange meetings with senior White House officials: the president, vice president and secretary of state.
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June 06, 2025
Ga. Judge Signals '2,000 Mules' Slander Suit May Go On
A Georgia federal judge signaled Friday that he may leave it up to a jury to decide whether a Peach State voter was defamed by his portrayal as an election fraud operative in the conspiracy movie "2,000 Mules," doubting whether he had enough evidence to prove the film's producers deliberately tried to slander him.
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June 06, 2025
NY AG Shuts Down 26 Online Sweepstakes Casinos
New York Attorney General Letitia James announced Friday that her office has shuttered the in-state operations of 26 online sweepstakes casinos, saying they are prohibited by state law because they involve risking something of value.
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June 06, 2025
Ore. Pot Regulators Say No Contract In Firing Suit
The Oregon Liquor and Cannabis Commission is urging a federal court to throw out a suit from its former deputy director alleging that the OLCC breached his employment agreement by firing him following a whiskey pocketing scandal, saying the state's Statute of Frauds voids the alleged employment agreement.
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June 06, 2025
Feds Want Comments On Altering ESA Conservation Rule
The U.S. Fish and Wildlife Service on Friday said it's considering altering a Biden-era rule intended to increase participation in voluntary conservation programs, and asked the public for input.
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June 06, 2025
NY Tribe Urges Supreme Court To Overturn Eel Fishing Ruling
A Long Island tribe is asking the U.S. Supreme Court to undo a Second Circuit ruling that rejected its challenge to New York's regulations on eel fishing harvests, arguing that if the decision is held, it would set a precedent allowing district courts to give up their gatekeeping roles on expert testimony.
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June 06, 2025
Free Speech Shields Rehab From Permit Suit, Court Says
A Connecticut drug treatment facility does not have to face claims, including unfair trade practices, lodged by a prospective competitor amid a contentious permit battle, a state appellate panel ruled Friday, finding that the state's anti-SLAPP statute is fatal to the case.
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June 06, 2025
Split DC Circ. Says IAF CEO Can Stay In Role
A split D.C. Circuit panel refused to block the reinstatement of the head of a federal agency that invests in Latin America and the Caribbean, concluding that the Trump administration's firing of the official was "likely invalid."
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June 06, 2025
Judge Allows New Plaintiffs In 'Good Time' Sentencing Suit
A Michigan federal judge said Friday that a proposed class alleging they were denied timely release from jail because the sheriff refused to provide so-called good-time credit to their criminal contempt sentences can add new plaintiffs to the case, rejecting the sheriff's arguments that the proposed new parties were improperly solicited.
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June 06, 2025
Judge Won't Make Feds Process Afghans', Iraqis' Visas
A D.C. federal judge on Friday denied Afghan and Iraqi nationals' bid to compel the government to act on their long-pending visa applications, saying the court lacks jurisdiction to issue such relief because it already granted relief under the Administrative Procedure Act.
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June 06, 2025
Judge Wants DHS To Explain Delay In Following Parole Order
A Massachusetts federal judge Friday demanded answers from the U.S. Department of Homeland Security after a class of immigrants seeking humanitarian parole allowing them to remain in the U.S. reported that their applications are still frozen, despite her recent order that the government resume processing them.
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June 06, 2025
Arizona Mining Co. Challenges $417M Ruling In Peru Dispute
Peru breached its U.S. trade agreement by imposing $417 million in penalties and interest on the unpaid royalties of an Arizona-based mining company's local operator, the company said while asking international arbiters to partially annul an award that it claimed mistakenly ignored the issue.
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June 06, 2025
DOJ Says More IT Workers Laundered Crypto For North Korea
The U.S. Department of Justice filed a civil complaint alleging information technology workers from North Korea evaded U.S. sanctions and accumulated millions in cryptocurrency for the benefit of the North Korean government.
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June 06, 2025
DOGE Can Access Social Security Data For Now, Justices Say
The U.S. Supreme Court ruled 6-3 Friday that the Department of Government Efficiency could obtain unlimited access to Social Security Administration data on millions of Americans while a legal dispute over privacy concerns plays out.
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June 06, 2025
New York Says It Won't Rescind Native American Mascot Ban
The New York State Education Department said it won't rescind a ban on the use of Indigenous mascots and names in public schools despite a threat from the Trump administration to pull its federal funding, telling the U.S. Department of Education instead that it's willing to broaden the regulation's reach.
Expert Analysis
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Opinion
Why It's Time To Retire The Efficient Market Hypothesis
As agentic artificial intelligence systems increasingly affect financial markets, the efficient market hypothesis no longer offers a viable foundation for legal and regulatory engagement, and a new theoretical foundation is needed, say Zachary Brenner, a student at California Western School of Law, and attorney Gary Brenner.
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Avoiding The Risk Of Continued AI-Washing Enforcement
A recent action brought by the U.S. Securities and Exchange Commission and Department of Justice, alleging a software developer defrauded investors by lying about his app’s artificial intelligence capabilities, suggests this administration will continue to target AI washing, so companies should adopt practices to mitigate enforcement risk, say attorneys at Debevoise.
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4 Ways Slater Is Priming DOJ For Continued Antitrust Success
Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Key Aspects Of FDIC's Resolution Planning FAQ
The Federal Deposit Insurance Corp.'s recent FAQ on changes to its resolution plan rule ease burdensome requirements for some large institutions and exempt others from discussion of franchise components, making it easier for banks to finalize submissions before the July 1 deadline, say attorneys at Moore & Van Allen.
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Why Texas Should Slow Down On Healthcare Merger Bills
More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.
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As Tariffs Hit The Radar, PE Counsel Should Review Strategies
As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.
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Trump Rule Would Upend Endangered Species Status Quo
The Trump administration's recent proposal to rescind the regulatory definition of "harm" in the Endangered Species Act would be a tectonic shift away from years of established regulatory practice, with major implications for both species protection and larger-scale conservation efforts, says David Smith at Manatt.
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DOJ Memo Raises Bar For Imposition Of Corporate Monitors
A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership’s concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors ÃÛÌÒÊÓÆµ State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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Expect Eyes On Electronic Devices At US Entry Points
Electronic device searches are becoming common at U.S. border inspections, making it imperative for companies to familiarize themselves with what's allowed, and mandate specific precautions for employees to protect their privacy and sensitive information during international travel, say attorneys at Seyfarth.
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Big Tech M&A Risk Under Trump May Resemble Biden Era
Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.