ÃÛÌÒÊÓÆµ

Public Policy

  • May 21, 2025

    Democracy Forward Adds Another Ex-DOJ Hand

    Legal advocacy group Democracy Forward has added a former deputy associate U.S. attorney general and co-chair of the Supreme Court and appellate practice at WilmerHale to its ranks of former U.S. Department of Justice litigators.

  • May 21, 2025

    Conn. Public Defender Watchdog Wants Chief's Firing Upheld

    Connecticut's Public Defender Services Commission said in a state court brief that it was "significant misconduct," not racial bias, that caused it to fire the chief public defender, arguing the June 2024 firing came after a litany of complaints and a lengthy pattern of wrongdoing.

  • May 21, 2025

    Nadine Menendez Taps Cozen O'Connor To Fight Conviction

    Former Sen. Bob Menendez's wife, Nadine Menendez, has added Cozen O'Connor as co-counsel as she fights to overturn her conviction on bribery charges, according to a filing in New York federal court.

  • May 20, 2025

    Trump Gets Fla. Judge To Lob China Tariff Suit To Trade Court

    A Florida federal judge Tuesday relinquished jurisdiction over five small businesses' lawsuit challenging President Donald Trump's tariffs on Chinese imports, agreeing with Trump that the case fell within the U.S. Court of International Trade's "exclusive jurisdiction."

  • May 20, 2025

    'Not A Denny's': 5th Circ. Judge Chides High Court Stopwatch

    The Fifth Circuit on Tuesday expedited a case brought by Venezuelans who are accused of being gang members and who are challenging the use of a 1798 wartime law to deport them to an El Salvador prison, with one judge chastising the U.S. Supreme Court's majority for allowing the appeal to move forward.

  • May 20, 2025

    Ex-Emory Prof Says Palestine Support Led To 'Brazen' Ouster

    A former professor at Emory University's medical school has sued the university, alleging that she was ousted in 2023 for her social media posts in support of Palestinians, claiming she was the victim of a smear campaign coordinated between the university and outside groups akin to "modern-day McCarthyism."

  • May 21, 2025

    Pa. Dems Coast to Primary Wins In Judicial, DA Contests

    Philadelphia District Attorney Larry Krasner fought off a challenge from fellow Democrat and former judge Patrick Dugan on Tuesday night, clearing the way for the incumbent's third term as the city's top prosecutor.

  • May 20, 2025

    Trump Admin Rationale For HHS Firings Challenged By Judge

    A Rhode Island federal judge expressed skepticism Tuesday about the Trump administration's assertion that mass firings at the U.S. Department of Health and Human Services were lawful and intended to improve national health, saying during a preliminary injunction hearing that nothing in the record demonstrates "thoughtful work" behind these decisions.

  • May 20, 2025

    Subpoena For Alleged Trans Care Must Stand, Texas Says

    A Texas appeals court on Tuesday pressed the state to explain why the principle of sovereign immunity should stop patients who potentially received gender affirming care from trying to block a subpoena, saying during oral arguments a challenge to a subpoena seems to fall outside sovereign immunity.

  • May 20, 2025

    FWS' New 'Harm' Proposal Draws Praise, Concern For Species

    Fossil fuel, construction and other industry groups say they support the Trump administration's plan to weaken regulatory protections under the Endangered Species Act, while blue state attorneys general and environmental groups urged the government to back off its proposal.

  • May 20, 2025

    Judge Questions Bank's Role In Jail Debit Card Fee Dispute

    A federal magistrate judge in Washington state signaled Tuesday she might advance a debit card fee class action against a Missouri bank to trial, suggesting there's still a factual dispute as to whether the prepaid cards were forced on people trying to regain access to their money after being released from correctional facilities. 

  • May 20, 2025

    FDIC Nixes Biden-Era Merger Rules As House Passes OCC Bill

    The Federal Deposit Insurance Corp. on Tuesday finalized the repeal of stricter bank merger guidelines adopted last year, pulling them back the same day as the U.S. House moved to nullify the Office of the Comptroller of the Currency's Biden-era merger policy rewrite.

  • May 20, 2025

    GAO Tells Congress New Court Design Guide Drives Up Costs

    The Government Accountability Office's director of physical infrastructure testified Tuesday that the judiciary is working to address its October report finding that the U.S. Courts' updated design guide will significantly increase the size and cost of future courthouse projects.

  • May 20, 2025

    Venezuelan Nationals' RICO Suit Asserting Defamation Tossed

    A Florida federal judge has dismissed racketeering and other claims against a director of Venezuela's state-owned oil company and others after determining that the suit accusing them of engaging in a defamatory campaign to smear civic leaders is a shotgun pleading.

  • May 20, 2025

    5 Ohio Cities Say Hyundai, Kia Negligence Claims Still In Play

    Five Ohio cities have told a California federal judge that Hyundai and Kia cannot try to circumvent the Ninth Circuit and scuttle negligence claims in consolidated litigation alleging the automakers knowingly sold vehicles with design flaws that spawned a car-theft crime wave.

  • May 20, 2025

    Dem Lawmakers Reintroduce Supreme Court Ethics Bill

    Two Democratic lawmakers on Tuesday reintroduced bills in the House and Senate that would require the U.S. Supreme Court to adopt a binding ethics code and create new recusal and disclosure standards for the nine justices.

  • May 20, 2025

    Tax Credit Repeal Would Deflate US Hydrogen Development

    The Republicans' proposal to eliminate tax credits for producing clean hydrogen in the budget reconciliation bill threatens to kneecap the nascent alternative fuel industry in the U.S. while pushing investments overseas to friendlier markets.

  • May 20, 2025

    High Court Precedent Blocks FTC Commish Firings, Judge Told

    A pair of recently fired Federal Trade Commission members sparred with the administration in D.C. federal court on Tuesday, with the judge raising questions about which Supreme Court precedent really holds in this dispute.

  • May 20, 2025

    Medical Organizations Sue Feds For Removing Health Data

    The U.S. Department of Health and Human Services and several constituent agencies are accused of violating the Administrative Procedure Act by illegally purging websites containing critical public health information related to trans and HIV care, vaccines and the prevention of outbreaks of communicable diseases, according to a lawsuit filed Tuesday in Washington federal court.

  • May 20, 2025

    6 Colo. Cities Sue Governor Over Housing Executive Order

    Six Colorado cities with "home rule" charters have hit the state and Gov. Jared Polis with a suit challenging his recent executive order saying state grants won't go to local communities if they don't comply with new housing laws that seek denser real estate development.

  • May 20, 2025

    Nonprofits Seek To Block 'Sweeping' AmeriCorps Cuts

    A number of education, environmental and housing nonprofits have asked a Maryland federal judge to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million to its programs, saying the move violates core constitutional principles regarding separation of powers that have already had severe consequences.

  • May 20, 2025

    FCC Warned To Not Overreach In Undersea Cable Rules

    Network providers cautioned the Federal Communications Commission to stick to its legal authority when crafting new rules to beef up the security of undersea telecom cables, saying the FCC can't regulate beyond cable owners and operators under existing law.

  • May 20, 2025

    State AGs Say No To Nixing Wireless Site NHPA Reviews

    Eight states are calling on the Federal Communications Commission not to listen to a major wireless trade group's petition encouraging it to cut "burdensome ... red tape," which the states say are actually mandates of the National Historic Preservation Act.

  • May 20, 2025

    Tribe Blames DOI For $1.5M In Legal Fees In Recognition Row

    A Michigan tribe that is asking for $1.5 million in fees from the Interior Department over its challenge to a federal recognition status denial says the agency caused the case to drag on for five years due to its failure to remand its rule governing the process.

  • May 20, 2025

    Moderna Says Order To Narrow Vax IP Case Should Stay

    Moderna has said that a federal judge should ignore a rival mRNA developer's request to rethink his decision limiting issues in a patent suit over the company's COVID-19 vaccines, saying the rival is trying to make new arguments too late.

Expert Analysis

  • FDIC Rules Rollback Foretells More Pro-Industry Changes

    Author Photo

    The Federal Deposit Insurance Corp.’s March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill’s commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.

  • Trump DOE's Plan On AI Offers Challenges, Opportunities

    Author Photo

    The Trump administration's push to make federal land available for development of artificial intelligence data centers follows a similar Biden administration proposal — but a new request for information from the U.S. Department of Energy envisions a rapid timeline that may prove challenging for both the DOE and industry stakeholders, say attorneys at HWG.

  • NY Tax Talk: Sourcing, Retroactivity, Information Services

    Author Photo

    Attorneys at Eversheds Sutherland examine recent decisions by New York’s Tax Appeals Tribunal, Division of Taxation and Court of Appeals on location sourcing of broker-dealer receipts, a case of first impression on the retroactive application of Corporate Franchise Tax regulations and when fees for information services are excluded from taxation.

  • DOJ Memo Maps Out A Lighter Touch For Digital Assets

    Author Photo

    A recent memo issued by the Justice Department signals a less aggressive approach toward the digital asset industry, with notable directives including disbandment of the National Cryptocurrency Enforcement Team, a higher evidentiary bar for unlicensed money transmitting, and prosecutions of individuals rather than platforms, say attorneys at Cleary.

  • SEC Update May Ease Accredited Investor Status Verification

    Author Photo

    The U.S. Securities and Exchange Commission recently opened a new avenue to verifying accredited investor status, which could encourage more private fund sponsors and other issuers to engage in a general solicitation with less fear that they will lose the offering's exemption from registration under the Securities Act, say attorneys at Simpson Thacher.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

    Author Photo

    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Avoiding Compliance Risks Under Calif. Recycling Label Law

    Author Photo

    CalRecycle's recently published final findings on California's S.B. 343 — determining which products and packaging materials are eligible to use the "chasing arrows" recyclability symbol — offer key guidance that businesses operating in the state must heed to avert the risk of penalties or litigation, says Christopher Smith at Greenspoon Marder.

  • Reproductive Health Under Trump So Far, And What's Next

    Author Photo

    Based on priorities stated so far, the Trump administration will likely continue to weaken Biden-era policies that protect reproductive health, with abortion, in vitro fertilization and contraception all being issues to watch closely amid a post-Dobbs shift, say attorneys at McDermott.

  • FDIC Unlocks A Door To Banks' Potential Crypto Future

    Author Photo

    The Federal Deposit Insurance Corp.'s recent crypto guidance broadens the scope of permissible activities for banks to an unprecedented level, although most institutions are unlikely to initiate or expand such practices in the immediate future, says Amanda Kowalski at Barley Snyder.

  • Del. Dispatch: Open Issues After Corp. Law Amendments

    Author Photo

    Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.

  • Series

    Playing Football Made Me A Better Lawyer

    Author Photo

    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • What Del. Supreme Court LKQ Decision Means For M&A Deals

    Author Photo

    The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

    Author Photo

    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

    Author Photo

    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • How High Court's Cornell Decision Will Affect ERISA Suits

    Author Photo

    The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Public Policy archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!