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Public Policy

  • June 27, 2025

    Hawaii Groups Look To Block Monument Fishing Permits

    Three conservation groups are looking to set aside an April decision by the Trump administration that gave the go-ahead for permit holders to commercially fish in the waters of a Pacific Coast national monument, telling a Hawaii federal court that destructive fishing has already started in the 400,000-square-mile site.

  • June 27, 2025

    Groups Sue To Protect Everglades From 'Alligator Alcatraz'

    Environmental groups sued Homeland Security Secretary Kristi Noem and Florida officials Friday in Miami federal court in a bid to halt the construction of a migrant detention center known as "Alligator Alcatraz" in the Everglades, alleging it wasn't properly vetted for how it will impact the protected wetlands.

  • June 27, 2025

    Texas Justices Give Uri MDL Plaintiffs Chance To Replead

    The Texas Supreme Court on Friday said that thousands of plaintiffs in a multidistrict litigation stemming from winter storm Uri in 2021 could replead their gross negligence claims against transmission and distribution utility providers, giving them a chance to revive their long-running dispute over the crippling winter storm.

  • June 27, 2025

    Financial Regulators Say Banks Can Use Third-Party TIN Info

    Financial regulators on Friday said banks can collect tax identification number information from third parties, rather than just from their customers, pointing to changes in banking since the requirement was enacted under the USA PATRIOT Act.

  • June 27, 2025

    Utilities Can Depose Regulator Who Erased Texts, Judge Says

    A Connecticut judge has ruled the head of the Connecticut Public Utilities Regulatory Authority who deleted text messages included in a discovery request can be deposed by the energy companies that brought the request in their suits seeking to recover millions in revenue deficiencies.

  • June 27, 2025

    Feds Seek 3rd Circ. Stay Of Columbia Grad's Release Order

    The federal government has asked the Third Circuit to stay a New Jersey judge's order that released Columbia University graduate Mahmoud Khalil on bond, arguing that the district court lacked jurisdiction over the immigration issue and Khalil's habeas filing.

  • June 27, 2025

    Grassley Plots Next Moves After Nationwide Injunction Ruling

    Following the U.S. Supreme Court's decision Friday significantly limiting federal judges' ability to issue injunctions affecting parties outside a case, Senate Judiciary Committee Chairman Chuck Grassley is gearing up to further rein in judges with the Republicans' budget bill and standalone legislation.

  • June 27, 2025

    DOL Says No More Liquidated Damages In Wage-Hour Probes

    The U.S. Department of Labor said Friday it would no longer seek liquidated damages in wage and hour investigations, marking a shift away from its approach under the Biden administration. 

  • June 27, 2025

    Afghan Can't Halt Removal In Biden-Era Asylum Rule Suit

    A D.C. federal judge has denied a bid by an Afghan asylum-seeker to stay his imminent removal while he challenges a Biden-era rule allowing asylum officers to quickly deny requests if a mandatory bar to asylum exists.

  • June 27, 2025

    FDIC, OCC Join Fed In Pitching Plan To Ease Leverage Rule

    A Federal Reserve-backed proposal to relax a key leverage rule for the nation's biggest banks moved forward to the public comment stage Friday after securing approvals from the Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency.

  • June 27, 2025

    Feds Say Minn. 'Jumped The Gun' In Trans Athlete Policy Suit

    The Trump administration is looking to snuff out a Minnesota lawsuit over its threats to pull federal funds in connection with the state's transgender athlete policies, telling a federal judge that the challenge is premature because no final action has been decided.

  • June 27, 2025

    DC Judge Says Teen Health Projects Can 'Shutter' Temporarily

    Five Planned Parenthood affiliates will not be irreparably harmed by changes to federal guidance for teen health programs instructing grantees to demonstrate alignment with executive orders from the Trump administration rejecting transgender identity and diversity programs, a D.C. federal judge has ruled.

  • June 27, 2025

    Wireless Co. Says Feds Breached 'Rip And Replace' Promise

    Illinois-based SI Wireless LLC told a Court of Federal Claims judge the U.S. government breached a promise to reimburse it for removing Chinese-made equipment deemed a national security risk from its telecommunications network and has failed to follow through with nearly $157 million in payments.

  • June 27, 2025

    No Federal Agency Can Enforce WilmerHale EO, Judge Says

    A D.C. federal judge on Thursday amended his decision in the WilmerHale executive order litigation, clarifying amid disagreement among the parties that the underlying executive order cannot be enforced by any federal agency.

  • June 27, 2025

    US, China Finalize Part Of Trade Agreement

    The U.S. and China recently finalized an agreement to remove certain American trade barriers in exchange for jumpstarting critical Chinese export approvals, according to remarks made by Chinese government officials Friday.

  • June 27, 2025

    Idaho Justices Dismiss Suit Over Skier's Death On Slopes

    The Idaho Supreme Court has dismissed a widow's suit against Sun Valley Co. alleging the company was negligent and liable for the death of her husband from hitting a snow machine while skiing, finding that the machine was clearly marked in keeping with state law, and the skier had assumed the risks of the sport.

  • June 27, 2025

    UK Joins Arbitration Appeals Alternative Amid WTO Paralysis

    The U.K. has officially joined a World Trade Organization-led contingency plan designed to keep the door open for appeals in international trade disputes, despite the continued dormancy of the WTO Appellate Body.

  • June 27, 2025

    Newsom Sues Fox News Over Alleged Lies About Trump Call

    California Gov. Gavin C. Newsom hit Fox News with a defamation suit in a Delaware court Friday, seeking $787 million in damages for the network's alleged "smearing" of him in reports on a dispute over details of the Democratic governor's June 6 phone call with President Donald Trump.

  • June 27, 2025

    3 DOL Policy Shifts On Benefits Attys' Radar

    Since President Donald Trump's administration took over in January, the U.S. Department of Labor has changed its tack on several issues related to employee benefits. Here, Law360 looks at three moves that caught lawyers' attention.

  • June 27, 2025

    DOJ Tax Division To Split Criminal, Civil Units, Official Says

    The U.S. Department of Justice aims to finalize a reorganization plan for its Tax Division by summer's end that would separate the criminal and civil tax functions and relocate them to the department's main branches, a department official said Friday.

  • June 27, 2025

    Justices Punt La. Voting Rights Case Despite Thomas Dissent

    The U.S. Supreme Court surprisingly declined Friday to resolve a yearslong saga over voting rights and alleged racial gerrymandering, ordering new arguments over Louisiana's controversial congressional districts despite an impassioned protest from Justice Clarence Thomas.

  • June 27, 2025

    Justices Uphold Texas Law Requiring Porn Site Age Checks

    The U.S. Supreme Court on Friday said a Texas law requiring pornographic websites to verify visitors' ages could take effect, agreeing with a divided Fifth Circuit's decision to vacate an injunction while using a different standard of judicial review to evaluate the statute.

  • June 27, 2025

    Justices Say Md. Must Allow LGBTQ Storybook Opt-Out

    The U.S. Supreme Court ruled Friday that a Maryland school district burdened parents' religious rights when it declined to provide opt-outs from a policy that introduced LGBTQ-themed storybooks into its K-12 English curriculum.

  • June 27, 2025

    Justices Salvage FCC Subsidy Fees, Reversing 5th Circ.

    The U.S. Supreme Court on Friday upheld the funding mechanism for the Federal Communications Commission's $9 billion Universal Service Fund used to subsidize low-income phone service, rural broadband, and school, library and healthcare telecommunications connectivity.

  • June 27, 2025

    Justices Back Task Force That Sets ACA Care Requirements

    The U.S. Supreme Court ruled Friday that the U.S. Department of Health and Human Services' secretary had authority over a preventive care task force, rejecting a constitutional challenge to an Affordable Care Act clause that requires health insurers to cover certain treatments at no cost to patients.

Expert Analysis

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Fla. Condo Law Fix Clarifies Control Of Common Areas

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    Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.

  • Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs

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    In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.

  • Shareholder Takeaways From NY Internal Affairs Doctrine Suit

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    A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.

  • The Legal Fallout Of The Open Model AI Ecosystem

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    The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 3 Rulings May Reveal Next Frontier Of Gov't Contract Cases

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    Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.

  • How Ore. Law Puts New Confines On Corp. Health Ownership

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    A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.

  • Early Trends In Proxy Exclusion After SEC Relaxes Guidance

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    The U.S. Securities and Exchange Commission’s recent guidance broadening shareholder proposal exclusion under Rule 14a-8 has been undoubtedly useful to issuers this proxy season, but it does not guarantee exclusion, say attorneys at Debevoise.

  • How New Texas Law Revamps Electric Grid To Meet Demand

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    A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.

  • Best Practices For State Banks Eyeing Federal Conversions

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    Amid a notable uptick — fueled by ongoing regulatory upheaval — in state-chartered banks exploring conversion to national bank charters, banks contemplating the decision should weigh the benefits, like uniform supervision, and potential impediments, like costly exam fees, say attorneys at Skadden.

  • DOJ May Rethink Banning Firearms For Marijuana Users

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    In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.

  • EDNY Ruling May Limit Some FARA Conspiracy Charges

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    Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Future Of Enviro Crimes Under Trump's Federal Regs Order

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    President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.

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