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Public Policy
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June 09, 2025
Treasury Warns Of Iranian 'Shadow Banking,' Oil Smuggling
The Treasury Department has laid out red flags that financial institutions should monitor for identifying and reporting possible sanctions evasion schemes and other suspicious activity tied to the Islamic Republic of Iran, including illicit oil smuggling and the use of "shadow banking" networks.
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June 09, 2025
Florida Will Ask 11th Circ. To Revive Trans Health Suit
The state of Florida indicated Friday it will ask the Eleventh Circuit to reopen its lawsuit against the U.S. Department of Health and Human Services challenging a rule setting coverage requirements on employers for gender-affirming care, despite the new administration's reversal on the rule.
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June 09, 2025
Nev. Dem Threatens To Block Commerce Picks Over BEAD
A Nevada senator derided the U.S. Department of Commerce's overhaul of the government's $42.5 billion broadband deployment program and threatened to put a Senate hold on some of President Donald Trump's agency nominees until her state's federal funding is restored.
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June 09, 2025
COVID Funds Bribery Scheme Gets Ex-Calif. Official 5 Years
A former member of the Orange County Board of Supervisors was sentenced to five years in prison Monday in California federal court after admitting to steering $10 million worth of COVID-19 relief funds to a nonprofit linked to his daughter, in return for more than $500,000 in bribes.Â
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June 09, 2025
EchoStar Questions FCC Process In SpaceX, VTel Fight
EchoStar said the Federal Communications Commission should not be "pulling the rug out from" under it as it fights to keep the spectrum rights it got from T-Mobile, arguing that it was being unfairly singled out by SpaceX and VTel, who want the commission to review the buildout of Dish's network.
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June 09, 2025
RFK Jr. Fires CDC's Entire 17-Member Vaccine Advisory Panel
The U.S. Department of Health and Human Services announced Monday that Secretary Robert F. Kennedy Jr. removed every member of the committee that provides advice and guidance on the use of vaccines to the Centers for Disease Control and Prevention, pledging to replace them with his preferred picks.
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June 09, 2025
Fed. Circ. Weighs AI Co.'s Standing In Fight With Intel Agency
Federal Circuit judges grappled Monday with how to define exactly who could challenge the administration of federal contracts, in an en banc hearing of Percipient.ai's suit accusing the National Geospatial-Intelligence Agency of bypassing certain requirements in a 2021 contract with CACI.
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June 09, 2025
Enviro Groups, Tribes Can Intervene In Coal Leasing Ban Row
A Wyoming federal judge allowed a coalition of tribes and environmental groups to intervene in a challenge to the Biden administration's 2024 decision ending new coal leasing on public lands in the Powder River Basin, citing the groups' participation in prior suits over leasing at the site.
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June 09, 2025
Carebourn Opposes SEC's Bid To Remand 'Dealer' Case
Financial firm Carebourn Capital LP on Monday urged the Eighth Circuit to reject the U.S. Securities and Exchange Commission's bid to remand a $12 million unregistered dealer judgment the agency won, arguing the SEC is trying to skirt the case's liability issues.
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June 09, 2025
2nd Circ. Weighs Menendez Bail Bid Over Evidence Mishap
The Second Circuit questioned Monday whether providing excluded evidence to the jury in former U.S. Sen. Bob Menendez's bribery trial is the type of error that can justify bail pending appeal.
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June 09, 2025
Trump Orders Targeting DEI, LGBTQ+ Funding Partly Blocked
A California federal judge Monday blocked portions of President Donald Trump's executive orders targeting diversity and inclusion policies and programs serving the LGBTQ+ community, saying a group of nonprofits is likely to succeed in showing that stripping their federal funding violates their constitutional rights.
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June 09, 2025
DOJ's KKR Suit Turning M&A 'Into A Trap,' PE Group Says
A private equity trade group is seeking to back KKR's bid to dismiss a Justice Department lawsuit seeking fines that could top $650 million for allegedly hiding key documentation and entire transactions from merger notification, arguing that enforcers are trying to create a brand new requirement for "perfect" filings.
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June 09, 2025
Okla. Says High Court Shouldn't Skip 10th Circ. PBM Ruling
Oklahoma told the U.S. Supreme Court the federal government wrongly suggested that the justices bypass the state's challenge to a Tenth Circuit decision nullifying parts of a state law regulating pharmacy benefit managers, arguing Monday that the solicitor general doesn't recognize the magnitude of the issue.
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June 09, 2025
Senate Confirms Brett Shumate To Head DOJ Civil Division
The Senate voted 51-41 along party lines on Monday evening to confirm Brett Shumate to be assistant attorney general for the Civil Division of the U.S. Department of Justice.
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June 09, 2025
Veteran Appeals VA Discontinuation Of Trans Health Coverage
A transgender woman urged a veterans appeals court Monday to find that the Veterans Health Administration is wrongly refusing to refill her prescriptions for hormone therapy following a federal notice discontinuing gender-affirming care for veterans.
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June 09, 2025
Senate Confirms Gibson Dunn Partner For EPA's No. 2 Post
The U.S. Senate on Monday confirmed David Fotouhi, a partner at Gibson Dunn & Crutcher LLP, to serve in the U.S. Environmental Protection Agency's No. 2 post.
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June 09, 2025
DC Judge Won't Intervene In CPB Board Firings
A D.C. federal judge declined to block President Donald Trump's attempt to fire three members of the Corporation for Public Broadcasting's board, ruling that Trump likely had authority to remove them while noting the CPB has since changed its own rules to protect its members from removal moving forward.
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June 09, 2025
Judge Denies Obstructing ICE As Disciplinary Hearing Begins
An attorney for a Massachusetts state judge, who was accused of plotting to let a man wanted by immigration agents escape out of a back door of a courthouse in 2018, said at the start of a disciplinary inquiry Monday that the judge did not know about the plan, pointing the finger at the wanted man's lawyer.
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June 09, 2025
Feds Approve Mont. Coal Mine Expansion Amid Controversy
The Interior Department has said it will expand by nine years the mining plan for a Montana coal mine at the center of litigation over the mine's environmental impacts, authorizing Signal Peak Energy to recover 57 million tons of coal in a move that aligns with the Trump administration's energy emergency directive.
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June 09, 2025
6th Circ. Urged To Revive Suit Over Student Loan Freeze
A Michigan think tank has urged the Sixth Circuit to revive its challenge to a Biden-era student loan forgiveness program during the COVID-19 pandemic, telling the appellate court that a district judge was wrong to find it didn't have standing. Â
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June 09, 2025
3rd Circ. Rejects Ralph Lauren's COVID-19 Coverage Appeal
The Third Circuit on Monday rejected a consolidated appeal from Ralph Lauren Corp. and luggage retailers Tumi Inc. and Samsonite LLC over property insurance coverage for COVID-19-related losses, finding a New Jersey Supreme Court decision from January 2024 wholly settled the matter.
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June 09, 2025
Speaker Johnson Defends AI Moratorium In Reconciliation Bill
House Speaker Mike Johnson, R-La., gave a full-throated defense on Monday of the AI moratorium included in the House's version of the budget reconciliation bill, which has drawn bipartisan criticism.
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June 09, 2025
Philly Cut From American Airlines Suit After Contrary Takes
The city of Philadelphia was incorrectly kept in a slip-and-fall suit against it and American Airlines, the result of a tangled web of claims and cross-claims that saw two judges making contrary rulings in violation of court rules meant to keep members of the bench from overruling each other, a state appellate court ruled Monday.
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June 09, 2025
FCC Says Power Cos. Can Call Customers About Usage
The Federal Communications Commission ruled Monday that power companies are free to call or text customers who have supplied their telephone numbers to inform them about so-called "demand management" programs aimed at cutting usage during peak hours.
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June 09, 2025
FCC Affirms $2.4M Fine For Miami DJ's 'Pirate Radio'
The Federal Communications Commission affirmed a nearly $2.4 million fine against a Miami-area DJ for operating an alleged illegal "pirate radio" in 2023, finding that he disregarded previous calls to stop unauthorized radio operations in the past.
Expert Analysis
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How Focus On Menopause Care Is Fueling Innovation, Access
Recent legislative developments concerning the growing field of menopause care are creating opportunities for increased investment and innovation in the space as they increase access to education and coverage, say attorneys at Kirkland.
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Calif. Digital Assets Proposal Provides Only Partial Clarity
Recently proposed regulations under California's Digital Financial Assets Law answer some important questions about the new regime, particularly regarding its interaction with the state's money transmission law, but many key compliance questions remain, say attorneys at Stinson.
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Staying The Course Amid Seismic DOJ White Collar Changes
While some of the big changes at the U.S. Department of Justice during the second Trump administration — like an embrace of cryptocurrency and more politicized prosecutions — were expected, there have also been surprises, so practitioners should advise clients to stay focused on white collar compliance in this unpredictable environment, say attorneys at Keker.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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DOJ Could Target Journalists Under Media Policy Reversion
The U.S. Department of Justice's recently announced media policy largely mirrors policies in effect from 2014 to 2020, but ambiguities in key statutory terms could allow the administration to apply it to journalists in new ways and expand investigations beyond leaks of classified information, says Julie Edelstein at Wiggin.
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Current Antitrust Zeitgeist May Transcend Political Parties
The Trump administration's "America First" antitrust policy initially suggests a different approach than the Biden administration's, but closer examination reveals key parallels, including a broad focus on anticompetitive harm beyond consumer welfare and aggressive enforcement of existing laws, say attorneys at Arnold & Porter.
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House Bill Tax Tweaks Would Hinder Renewable Projects
Provisions in the budget reconciliation bill recently passed by the U.S. House of Representatives would rapidly phase out clean energy tax credits, constrain renewable energy financing arrangements and impose sweeping restrictions on projects with foreign ties, which may create compliance and supply chain issues for many developers, say attorneys at Paul Hastings.
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Neb.'s Cannabis Regulatory Void Poses Operational Risks
With the Nebraska Legislature recently declining to advance any cannabis legislation, leaving the state without a regulatory framework for voter-passed initiatives, the risks of operating without clear rules will likely affect patients, providers and caregivers, says John Cartier at Omnus Law.
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Fla. Bill May Curb Suits Over Late-Night Collections Emails
A recently passed Florida bill exempting email communications from the Florida Consumer Collection Practices Act's quiet hours ban may significantly reduce frivolous lawsuits aimed at creditors and debt collectors who use email communications to collect outstanding balances from consumers, say attorneys at Holland & Knight.
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State Tort Claims May Help Deter Bribes During FCPA Pause
As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.
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4 States' Enforcement Actions Illustrate Data Privacy Priorities
Attorneys at Wilson Elser examine recent enforcement actions based on new consumer data privacy laws by regulators in California, Connecticut, Oregon and Texas, centered around key themes, including crackdowns on dark patterns, misuse of sensitive data and failure to honor consumer rights.
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Google Ad Tech Ruling Creates Antitrust Uncertainty
A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Key Steps For Traversing Federal Grant Terminations
For grantees, the Trump administration’s unexpected termination or alteration of billions of dollars in federal grants across multiple agencies necessitates a thorough understanding of the legal rights and obligations involved, either in challenging such terminations or engaging in grant termination settlements and closeout procedures, say attorneys at Holland & Knight.
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Challenges For Fiduciaries Adding Crypto To 401(k) Plans
As cryptocurrencies gain popularity and their restrictions loosen, investors may become interested in adding crypto options to their retirement plans, but fiduciaries should consider how to balance the increased demand and their obligations under the Employee Retirement Income Security Act, say attorneys at Jenner & Block.