Public Policy

  • February 19, 2025

    Bid For Paxton's Jan. 6 Docs Filed In Wrong Court, AG Says

    A lawyer for Texas Attorney General Ken Paxton argued Wednesday that Paxton shouldn't have to face a lawsuit from a watchdog group seeking records related to the Jan. 6, 2021, insurrection at the U.S. Capitol because the group sued in district court instead of directly with the state's high court.

  • February 19, 2025

    Civil Rights Groups Move To Block Trump DEI, Gender Orders

    Three civil rights organizations told a D.C. federal court in a lawsuit Wednesday against President Donald Trump and numerous federal agencies that three of the White House's recent executive orders discriminated against individuals with HIV as well as Black and transgender people.

  • February 19, 2025

    Citi Moves To Appeal NY Judge's Wire Fraud Protection Ruling

    Citibank NA has asked a New York federal judge for permission to appeal his decision allowing New York's attorney general to move forward with a lawsuit accusing the bank of failing to respond properly to incidents of online wire fraud.

  • February 19, 2025

    'Death Knell' For SEC Dealer Rule As Regulator Drops Appeal

    The U.S. Securities and Exchange Commission on Wednesday dropped its bid to revive its expansion of the dealer definition at the Fifth Circuit after industry groups representing private funds and crypto firms successfully challenged the rule in Texas federal court last year.

  • February 19, 2025

    Michigan Expert Defends State's Abortion Counseling Law

    Michigan kicked off its defense of a waiting period and mandatory counseling requirements for abortions Wednesday with a physician's testimony that abortion seekers should receive information about parenting and adoption before undergoing the procedure.

  • February 19, 2025

    Del.'s High-Speed Corporate Law Rework May Blunt Plaintiffs

    A fast-moving amendment of Delaware's mainstay corporation law, aimed in part at curbing big fees, limiting some breach of fiduciary claims and stemming a perceived corporate exodus, has left plaintiffs attorneys playing catch-up as the recently revealed measure heads toward a first hearing next month.

  • February 19, 2025

    CBS Will Seek Trump's Financial Info In '60 Minutes' Discovery

    Attorneys for Paramount Global and CBS Broadcasting told a Texas federal judge Tuesday that if President Donald Trump's $10 billion lawsuit accusing the network of deceptively doctoring former Vice President Kamala Harris' "60 Minutes" interview goes to discovery, they will seek information about the president's personal financials.

  • February 19, 2025

    PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe

    Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.

  • February 19, 2025

    MDL Plaintiffs Misread Blackout Protocols, Texas Justices Told

    Transmission and distribution utility providers told Texas justices Wednesday that the thousands of plaintiffs in the multidistrict litigation stemming from a crippling winter storm in 2021 "misunderstand" how load-shedding protocols work as it pushed the court to free it of the final two claims in the MDL.

  • February 19, 2025

    FERC Watchers Seek Clarity As Trump Curbs Agency Powers

    Energy industry representatives hope to get some clarity from Federal Energy Regulatory Commission members at the agency's monthly open meeting on Thursday, as uncertainty over the commission's future swells in the wake of President Donald Trump's moves to curb independent agencies' powers.

  • February 19, 2025

    Energy Credit Market Still Robust Amid Uncertainty, Attys Say

    Companies continue to buy and sell valuable tax credits earned from large-scale clean energy tax development projects despite President Donald Trump's active efforts to undermine renewable energy and cut the federal workforce administering the incentives, practitioners said Wednesday.

  • February 19, 2025

    FTC 'Independence' When Dissent Can 'Get You Fired'

    The independence of agencies meant to run separately from the executive branch is on the chopping block and observers say that while the Federal Trade Commission already aligns itself with the White House to a large degree, unrestricted presidential power over commissioners could reshape the FTC in important ways.

  • February 19, 2025

    Wash. City, Tribe Reach Deal In Emergency Shelter Dispute

    The small Washington city of Toppenish and the Confederated Tribes and Bands of the Yakama Nation have reached a settlement to end a federal lawsuit over a 24-hour emergency cold weather shelter within reservation boundaries.

  • February 19, 2025

    Groups Say Trump Can't Reopen Areas To Offshore Drilling

    President Donald Trump may have promised to "drill, baby, drill," but should know he can't undo a prior administration's decision to withdraw vast swaths of outer continental shelf from oil and gas leasing, conservation groups told an Alaska federal judge.

  • February 19, 2025

    NY Vows To Fight Trump's Bid To Kill Congestion Pricing

    New York officials vowed to continue implementing congestion pricing after the Trump administration moved to kill the program Wednesday, teeing up an intense legal battle by swiftly launching a counterattack in federal court to preserve the tolls on all vehicles entering Manhattan's busiest corridor.

  • February 19, 2025

    GOP Reps Move To Impeach SDNY Judge, Threaten More

    Republican House members have introduced an article of impeachment against U.S. District Judge Paul Engelmayer of the Southern District of New York, following conservative backlash to him and others who have ruled against the Trump administration's early moves to assert control over the executive branch and federal programs.

  • February 19, 2025

    FCC Decision To Nix Complaint Against Fox TV Appealed

    A media advocacy group appealed a mid-January Federal Communications Commission decision to toss a complaint against Fox TV's Philadelphia station over misinformation that aired following the 2020 election.

  • February 19, 2025

    Senators Aim To Update Permitting, But Roadblocks Loom

    A bipartisan group of U.S. senators on Wednesday appeared united in a desire to address infrastructure project permitting delays and costs, but a top Democrat insisted that legislation can only come after the Trump administration has unfrozen federal funds.

  • February 19, 2025

    Judge Won't Halt PBM Case Over Attack On FTC Independence

    A Missouri federal judge refused to temporarily block the Federal Trade Commission's in-house case accusing pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes, rejecting the PBMs' claims that the Trump administration's attempt to eliminate safeguards protecting FTC members from at-will presidential removal favors their attempt to stop the case.

  • February 19, 2025

    US Lagging China In Spectrum Use, Experts Tell Senate

    The U.S. is rapidly losing ground to China in developing commercial uses for spectrum because it lacks an aggressive policy to make more government-controlled airwaves available for wireless and satellite communications, experts told the U.S. Senate on Wednesday.

  • February 19, 2025

    Judge Calls Trump's Trans Treatment 'Total Discrimination'

    The D.C. federal judge who on Tuesday called President Donald Trump's executive order purporting to ban transgender people from serving in the military "unadulterated animus" pressed government attorneys once again Wednesday, asking how they could view the administration's numerous actions against trans people as "anything other than total discrimination."

  • February 19, 2025

    Pronoun Rule Prompts Recusal Request In Trans Athlete Suit

    The plaintiffs in a lawsuit opposing the inclusion of a transgender woman on the San Jose State University woman's volleyball team want the judge removed from the case for insisting that the parties call the athlete in question by their preferred pronoun.

  • February 19, 2025

    Crypto Group Urges Rollback Of IRS Broker Rule

    A coalition of members of the cryptocurrency trade group Blockchain Association urged congressional leaders Wednesday to repeal a final U.S. Treasury Department rule implementing additional reporting requirements for decentralized finance brokers.

  • February 19, 2025

    LA Gardasil Trial Against Merck Bagged After 3 Weeks

    A Los Angeles state court trial over the alleged dangers of Merck & Co. Inc.'s human papillomavirus vaccine Gardasil was abruptly called off after three weeks of testimony, with a new panel of jurors slated to hear the case next fall instead.

  • February 19, 2025

    Airlines Can Ask 9th Circ. To Consider Airport Pollution Suit

    A Washington judge has cleared Delta Air Lines and Alaska Airlines to ask the Ninth Circuit to weigh in on whether federal regulations governing air travel or jet emissions prevent property owners and residents from suing over alleged flight-path pollution near Seattle's main commercial airport.

Expert Analysis

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • Emphasize Social Spaces During RE Project Public Review

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    As Boston continues to work through revisions to its public review process for real estate projects, developers attempting to balance impact mitigation and community improvements may benefit from emphasizing the ways in which development plans can facilitate open social exchange, says David Linhart at Goulston & Storrs.

  • What NHTSA's Autonomous Vehicle Proposal Means For Cos.

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    The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.

  • Preparing For Stricter Anti-Boycott Enforcement Under Trump

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    Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.

  • Opinion

    New DOJ Leaders Should Curb Ill-Conceived Prosecutions

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    First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.

  • Tips For Pharma-Biotech Overlap Reporting In New HSR Form

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    While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • A Look At Drug Price Negotiation Program's Ongoing Impact

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    More than two years after the passage of the Inflation Reduction Act and the rapid implementation of the drug price negotiation program, attorneys at Ropes & Gray discuss how the IRA has influenced licensing strategies, and how maximum fair prices under the law have economically affected certain drugs.

  • Opinion

    Congress Must Consider Accurate Data About Patent Thickets

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    If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports — such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.

  • Aviation Watch: Litigation Liabilities After DC Air Tragedy

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    While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.

  • 5 Key Takeaways From Energy Secretary's Confirmation

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    The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.

  • What Day 1 Bondi Memos Mean For Corporate Compliance

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    After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • SEC Motion Response Could Reveal New Crypto Approach

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    Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.

  • What Employers Should Know For Next Round Of H-1B Filings

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    With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.

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