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Public Policy

  • May 14, 2025

    Interior Policy Aims To Shorten Oil And Gas Leasing Reviews

    The U.S. Department of the Interior has unveiled a new policy that attempts to speed up oil and gas leasing on public lands by cutting the amount of time spent reviewing the suitability of potential leasing areas.

  • May 14, 2025

    DC Judge Halts Trump Order Axing State Dept. Union Rights

    The U.S. State Department can't carry out President Donald Trump's executive order gutting collective bargaining rights for federal workers, a D.C. federal judge ruled Wednesday, finding the American Foreign Service Association is likely to show the directive went beyond the president's powers.

  • May 14, 2025

    House Panel To Fold $3.8T Tax Overhaul Into Budget Package

    The House Budget Committee has scheduled a vote Friday on legislation that would combine the House Ways and Means Committee's $3.8 trillion tax bill with the work of other House committees as part of the fiscal 2025 budget reconciliation bill. 

  • May 14, 2025

    Abbott Signs Bill Codifying Immunity For Corporate Execs

    Texas Gov. Greg Abbott on Wednesday signed into state law a corporate reform bill that codifies the "business judgment rule," which provides immunity for corporate directors from personal liability for company decisions.

  • May 14, 2025

    8th Circ. Dismisses North Dakota Native Voting Rights Dispute

    An Eighth Circuit panel vacated a North Dakota Native American voting rights dispute over whether the state's legislative body's drawing of redistricting maps violated federal law on Wednesday, saying parties don't have a private right to sue state officials over dilution claims under the Civil Rights Act.

  • May 14, 2025

    Wisconsin Lake Homeowners Amend Tribal Tax Burden Suit

    Four lake homeowners and an association have amended a suit against local governments in the Menominee reservation in northern Wisconsin, claiming the tribe has sought to grow the amount of tax-exempt land while leaving owners of taxable homes to pay more than their fair share. 

  • May 14, 2025

    Harvard Researcher Charged With Smuggling Amid ICE Case

    Federal prosecutors on Wednesday unsealed criminal smuggling charges against a Russian national and Harvard Medical School researcher who has been challenging her monthslong detention by U.S. Immigration and Customs Enforcement after she returned to the U.S. from Europe carrying frog embryos.

  • May 14, 2025

    CFTC Forex Case Dismissed Over Sanctioned Conduct

    A New Jersey federal judge on Wednesday approved sanctions against the U.S. Commodity Futures Trading Commission, one day after a special master's report said the agency acted in "bad faith" to gain a "tactical advantage" over a foreign exchange firm it accused of fraud.

  • May 14, 2025

    Risks Abound For Higher Ed As Top Court Ruling Turns 2

    Since the U.S. Supreme Court struck down affirmative action in higher education admissions, schools around the country have been looking for innovative ways to achieve diversity on campus amid constant threats of additional litigation that could make them the next high-profile high court case.

  • May 14, 2025

    9th Circ. Says Trustee Is Liable Under New Social Media Test

    A California school board member violated the First Amendment when she blocked two parents from making comments on her public Facebook and Twitter pages, the Ninth Circuit ruled Wednesday, reaffirming a district court's judgment after applying the U.S. Supreme Court's new state-action test.

  • May 14, 2025

    Fintech Group OK'd To Defend ÃÛÌÒÊÓÆµ Open-Banking Rule

    Fintech industry group the Financial Technology Association received the green light on Wednesday to defend the Consumer Financial Protection Bureau's open banking rule in an ongoing legal challenge from the banking industry.

  • May 14, 2025

    Texas Judge Latest To Bar Removals Under Wartime Law

    A Texas federal judge joined a chorus of other courts that have slammed the brakes on President Donald Trump's proclamation invoking the Alien Enemies Act to remove alleged Tren de Aragua gang members from the United States, saying the policy likely violates a slew of federal laws.

  • May 14, 2025

    Houston Midwife Says AG Has No Evidence To Close Clinics

    A Houston-area midwife who was arrested earlier this year on a charge of providing an illegal abortion is arguing to a state appellate court that Texas Attorney General Ken Paxton "came nowhere close to meeting the state's burden" in his bid to shut down her clinics.

  • May 14, 2025

    Newsom Blames 'Trump Slump' As Calif. Faces $12B Shortfall

    California's fiscal situation has changed for the worse since January, Gov. Gavin Newsom said Wednesday, putting the blame on what he said was a "Trump slump" that has resulted in lower capital gains tax collections.

  • May 14, 2025

    Fla. High Court Asked If Parents Can Dispute Kids' Abortions

    A Florida appellate court on Wednesday upheld a decision denying a 17-year-old to terminate her pregnancy without her father's consent, but certified a question of great public importance on whether parents have due process rights under the state's maturity and best-interest judicial waiver procedures.

  • May 14, 2025

    House Committee Tees Up FCC Auction Reauthorization

    While the House Energy and Commerce Committee on Tuesday was voting to clawback billions of dollars earmarked during the Biden administration for climate spending, it also managed to tee up a provision allowing the FCC to auction off spectrum once again.

  • May 14, 2025

    Farm Groups Fight Further Delay In H-2A Wage Rule Suit

    Farm groups on Wednesday countered the Trump administration's bid to further halt litigation challenging a Biden-era H-2A wage rule, telling a Florida federal judge there's no need to delay further for the U.S. Department of Labor to get familiarized with the case.

  • May 14, 2025

    Trump's Unorthodox US Atty Picks May Face Learning Curve

    While some of President Donald Trump's picks for U.S. attorney fit the typical mold — former federal prosecutors and BigLaw alums — others lack the type of court experience that can be crucial for effective office management and earning the respect of judges, experts say.

  • May 14, 2025

    Pa. Justices Seem OK With Transit Crimes Special Prosecutor

    Elements of Pennsylvania's Constitution seem to support the Legislature's ability to single out Philadelphia and its district attorney, Larry Krasner, for special treatment in a law establishing a "special prosecutor" for crimes committed within its regional transit agency, several state Supreme Court justices suggested during arguments on Krasner's challenge to the law Wednesday.

  • May 14, 2025

    FERC Chair Floats Plan To Slash Grid Project Perks

    The Federal Energy Regulatory Commission's approval of financial perks for $3 billion worth of transmission projects has prompted Chair Mark Christie to suggest a way to scale back the awarding of additional rate incentives to grid developers.

  • May 14, 2025

    Trump Scraps Biden-Era Restrictions On AI Chip Exports

    The U.S. Department of Commerce announced Tuesday it has rescinded guidelines on artificial intelligence technology exports issued under former President Joe Biden, saying it would take other steps "to strengthen export controls" on AI semiconductor chips.

  • May 14, 2025

    10th Circ. Wary Of Hemp Interests' Challenge To Wyoming Law

    A Tenth Circuit panel on Wednesday appeared skeptical that a Wyoming state law regulating hemp-derived intoxicating products was preempted by the federal law legalizing hemp nationwide.

  • May 14, 2025

    EPA Plans Cutbacks And Delays To PFAS Drinking Water Regs

    The U.S. Environmental Protection Agency on Wednesday said it will retain the current drinking water standards for two toxic PFAS but will delay compliance deadlines for public water systems and eliminate limits on other forever chemicals.

  • May 14, 2025

    States Ask Court To End Trump's Wind Project Freeze

    A coalition of states on Wednesday asked a Massachusetts federal judge for a preliminary injunction ordering the Trump administration to end its freeze on wind energy project permitting, saying the policy could erase nearly $100 billion in investments and cost 40,000 jobs if left in place throughout the president's term.

  • May 14, 2025

    DC Judge Restores Canceled ABA Domestic Violence Grants

    A D.C. federal judge on Wednesday reinstated terminated federal grant funding for the American Bar Association's Commission on Domestic & Sexual Violence, finding that "the First Amendment prohibits the type of reprisal DOJ appears likely to have taken."

Expert Analysis

  • What's Old And New In The CFTC's Self-Reporting Advisory

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    Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.

  • Weathering Policy Zig-Zags In Gov't Contracting Under Trump

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    To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.

  • How Trump's Crypto Embrace Is Spurring Enforcement Reset

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    The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.

  • After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands

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    The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • What Trump's Order Means For The Legal Status Of IVF

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    An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.

  • During Financial Regulatory Uncertainty, Slow Down And Wait

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    Amid the upheaval at the Consumer Financial Protection Bureau and the slowdown in activity at the prudential agencies, banks must exercise patience before adopting strategic and tactical plans, as well as closely monitor legal and regulatory developments concerning all the federal financial regulators, say attorneys at Dorsey.

  • 1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split

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    The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.

  • Opinion

    It's Time To Fix The SEC's Pay-To-Play Rule

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    Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Navigating The Growing Thicket Of 'Right To Repair' Laws

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    An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Implementation, Constitutional Issues With Birthright Order

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    President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.

  • A Closer Look At Money Laundering Sentencing Issues

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    Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.

  • What Advisory On Alcohol And Cancer May Mean For Cos.

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    While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.

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