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Public Policy

June 24, 2025
Colo. Justices Order Fraud Retrial Over Legal Advice Hearsay

Colorado's highest court granted a new securities fraud trial Monday to a man whose testimony in his own defense about advice of counsel was curtailed by a judge, saying legal advice is unquestionably relevant in mounting a defense around "willfulness."
June 24, 2025
Wash. Judge Blocks Trump Admin's EV Charging Funds Freeze

A Seattle federal judge Tuesday issued a preliminary injunction blocking the Trump administration from withholding funds for electric vehicle charging infrastructure projects in 14 states, but stopped short of applying it to two other states and Washington, D.C., and stayed the order to give the administration time to appeal.
June 24, 2025
FTC Commish Says Enforcement Is The Way, Not Regulation

The newest member of the Federal Trade Commission was preaching less regulation and increased enforcement as the path toward a more just and competitive business landscape in the United States at a Senate antitrust subcommittee hearing Tuesday afternoon.
June 24, 2025
Anthropic Copyright Ruling May Spur More AI Licensing Deals

The first federal court decision on the fairness of taking copyrighted material to train generative artificial intelligence is a mixed outcome for tech companies and content creators that could prompt both parties to seek coexistence, according to attorneys, with the judge concluding that while the technology is "spectacularly" transformative, using pirated material is inexcusable.
June 24, 2025
Powell Says Leverage Rule Revamp Won't Exclude Treasuries

Federal Reserve Chair Jerome Powell told House lawmakers Tuesday that a forthcoming plan to revamp big-bank leverage limits won't exempt U.S. Treasuries from their聽calculation, a potential disappointment for financial-sector lobbies that hope to resurrect the pandemic-era carveout.聽
June 24, 2025
Colo. Gov.'s Enforcement Of ICE Subpoena Called A 'Disaster'

The state director who sued Colorado Gov. Jared Polis over an order to comply with a U.S. Immigration and Customs Enforcement subpoena said Tuesday in Colorado state court that the testimony given the day prior by a Polis appointee was not fully accurate.
June 24, 2025
NJ Bank, DOJ Push To End Redlining Deal Amid Opposition

Lakeland Bank and the U.S. Department of Justice urged a New Jersey federal judge to reject a brief from three fair housing groups opposing the early termination of the bank's $13 million redlining settlement, arguing the groups' call for housing discrimination accountability is irrelevant to the settlement's termination.
June 24, 2025
2nd Circ. Tells Feds To 'Facilitate' Another Deportee's Return

The Trump administration must "facilitate the return" to the U.S. of a man deported to El Salvador in violation of an order blocking his removal, the Second Circuit ruled Tuesday, citing a U.S. Supreme Court decision backing the return of a Maryland man improperly deported to a Salvadoran prison.
June 24, 2025
Arkansas Insurance Dept. Fights Teamsters Plan's ERISA Suit

The Arkansas Insurance Department is looking to sink a challenge to a state insurance regulation filed by a Teamsters healthcare plan, telling an Illinois federal judge that the regulation isn't preempted by the Employee Retirement Income Security Act and, besides, the plan can't sue the department.
June 24, 2025
State AGs Sue Trump Admin To Stop Billions In Grant Cuts

A coalition of 21 states and the District of Columbia filed suit Tuesday in Massachusetts federal court, accusing the Trump administration of unlawfully using a single clause "buried in federal regulations" to nix billions of dollars in federal grant funding to the states.
June 24, 2025
E-Verify Restrictions Are Not Preempted, Illinois Argues

The federal court handling the U.S. government's lawsuit targeting a recent Illinois statute restricting the use of electronic employment verification systems on prospective hires should reject the government's injunction request and dismiss the case instead, because the statute steers clear of federal immigration law, the state asserted.
June 24, 2025
Ex-Inmate's Debit Fee Class Action Cleared For Trial

A jury should decide if a former jail inmate was forced to accept a prepaid debit card and pay related fees when his money was returned to him upon release, a Washington federal magistrate judge said on Tuesday, advancing a class action against Central Bank of Kansas City.
June 24, 2025
Mich. Pot Shops Cut Constitutional Claims In License Fee Suit

A group of pot shops agreed Monday to drop their constitutional claims alleging Grand Rapids' marijuana licensure program imposes illegal fees, a few days after a Michigan federal judge said the case belongs in her court because the pot companies' claims had federal interest.
June 24, 2025
5th Circ. Says EPA Ignored Cos. To Push Efficiency Testing Rule

The Fifth Circuit has thrown out part of a U.S. Environmental Protection Agency rule for determining measures for fuel efficiency, finding Tuesday that the agency used a faulty methodology to justify tightening standards and outright ignored comments when creating the rule.
June 24, 2025
GOP Senators Unveil Crypto Market Framework Principles

Senate Republicans on Tuesday morning released a set of principles to guide the development of digital asset market structure legislation, their latest push toward regulating the cryptocurrency space following their passage of stablecoin legislation last week.
June 24, 2025
AST Seeks FCC OK For Big Expansion Of Satellite Fleet

AST SpaceMobile is seeking permission to launch hundreds of low-earth orbit satellites by the end of July to roll out its space-based cellular broadband network, which it says will eliminate coverage gaps and connect to standard smartphones across the country.
June 24, 2025
Submarine Cable Cos. Seek Cautious FCC Reg Approach

Companies that run undersea telecommunications cables said they're worried the Federal Communications Commission might burden them with even more regulation than they already have to deal with, urging the agency to have a light touch when regulating the industry.
June 24, 2025
4th Circ. Tosses Trans Man's Appeal Over Canceled Surgery

The Fourth Circuit declined to revive a transgender man's constitutional claims against a religious hospital run by the University of Maryland Medical Center over a canceled hysterectomy for gender dysphoria, concluding Tuesday that it couldn't grant further relief, and refused to consider a "late-breaking" argument for emotional distress damages.
June 24, 2025
Motorola Fights Fintiv Memo Withdrawal At Fed. Circ.

Motorola is urging the Federal Circuit to reverse the decision of the U.S. Patent and Trademark Office's acting leader to not have the Patent Trial and Appeal Board review the company's challenges to a series of Stellar Inc. patents on glasses equipped with cameras.
June 24, 2025
NC Senate Backs $700M Boost For Hurricane Helene Recovery

The North Carolina Senate has signed off on a proposal to allocate another $700 million to the state's Hurricane Helene Disaster Recovery Fund, including $75 million for road and bridge repairs and $70 million to meet Federal Emergency Management Agency's state matching requirements.
June 24, 2025
8th Circ. Rolls Back Block On Arkansas Hemp Law

An Eighth Circuit panel on Tuesday overturned a lower district judge's decision blocking enforcement of a new Arkansas policy restricting hemp-derived intoxicating products, delivering a blow to the hemp industry's campaign to challenge state-led efforts to rein in its wares.
June 24, 2025
NTSB Flags Boeing Failures In 737 Max 9 Door Plug Blowout

Poor training and persistent quality control lapses on Boeing's manufacturing and assembly lines, along with the Federal Aviation Administration's ineffective oversight of the plane-maker, led to the January 2024 door-plug blowout aboard a 737 Max 9 jet operated by Alaska Airlines, the National Transportation Safety Board said Tuesday.
June 24, 2025
Connecticut AG Seeks $7.7M Penalty For Ghost Gun Supplier

A supplier of ghost gun parts that promised customers "extreme discretion" should pay nearly $7.7 million in penalties to Connecticut for continuous violations of the state's unfair trade practices law, the attorney general's office told a state court Tuesday.
June 24, 2025
Key House Republican Calls For Telecom Law Reforms

A top House Republican called Tuesday for reform of the 1992 Cable Act and for loosening the Federal Communications Commission's limits on broadcast media ownership, which he says would help modernize telecommunications law.
June 24, 2025
NY Denies School District's Bid To Delay Mascot Ban

The New York State Education Department denied a deadline extension request by a Long Island school district to comply with the state's ban on the use of Indigenous mascots, telling the district's superintendent that the district has shown no good cause toward the law's compliance.

Editor's Picks

Trump's Legal Battles

States, federal employee unions, various advocacy groups and several individuals have filed聽over 220聽lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.

Expert Analysis

Fla. Condo Law Fix Clarifies Control Of Common Areas

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

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

A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays 鈥� affirming the state's "firmly entrenched" internal affairs doctrine 鈥� 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

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

Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn鈥檛 just about superficial details like grammar 鈥� 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

Several U.S. Supreme Court decisions over the past year 鈥� involving wire fraud, gratuities and obstruction 鈥� offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration鈥檚 focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
How Ore. Law Puts New Confines On Corp. Health Ownership

A newly enacted law in Oregon strengthens the state鈥檚 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

The U.S. Securities and Exchange Commission鈥檚 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

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

Amid a notable uptick 鈥� fueled by ongoing regulatory upheaval 鈥� 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

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

Though the Eastern District of New York鈥檚 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

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 鈥� 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

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.
Trump Antitrust Shift Eases Pressure On Private Equity Deals

Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.