Public Policy

March 03, 2025
NJ Justices Skeptical Of Judicial Privacy Law Challenge

The New Jersey Supreme Court appeared skeptical Monday over reviving a journalist's lawsuit alleging municipal officials improperly relied on the judicial safety measure Daniel's Law to chill his attempt to expose a city police director's out-of-town address.
March 03, 2025
Treasury Halts Enforcement Of Corporate Transparency Act

The U.S. Treasury Department won't enforce the Corporate Transparency Act on U.S. businesses and will change regulations so it only applies to foreign companies registered stateside, according to an announcement that activists said invites criminals into the U.S. and lawyers said could provoke judicial scrutiny.
March 03, 2025
Colo. Says 1933 Dictionary Supports Netflix Subscription Tax

The plain meaning of tangible personal property has long encompassed Netflix streaming video subscriptions, Colorado's tax department told a state appeals court, urging it to allow a sales tax on the company's products.
March 03, 2025
Ex-Judges Urge Probe Of 'Quid Pro Quo' Claim In Adams Case

A group of more than a dozen retired federal judges has asked to weigh in on the potential dropping of corruption claims against New York City Mayor Eric Adams, filing a proposed amicus brief warning the "integrity of the judicial process" risks being "imperiled" by the improper dismissal of claims.
March 03, 2025
Ex-Paxton Aides Say More Evidence Needed Before Judgment

Four of Texas Attorney General Ken Paxton's former deputies have asked an Austin court to allow them to present more evidence in their 2020 employment retaliation suit, writing that his office was "trying to backtrack" its assertion that it wouldn't contest the case.
March 03, 2025
Haitians, Venezuelans Sue Trump Over TPS Termination

Immigrants from Haiti and Venezuela in the United States urged a Boston federal judge on Monday to block the Trump administration from "pulling the rug" on their temporary protected status by ending the humanitarian program early.
March 03, 2025
Contrite Ex-Santos Staffer And Feds At Odds Over Prison Term

A former staffer for ex-U.S. Rep. George Santos, R-N.Y., has asked a Brooklyn federal judge to spare him prison time after pleading guilty to posing as an aide to former House Speaker Kevin McCarthy to solicit donations, calling the conduct an "aberration" in his life.
March 03, 2025
Former SDNY Top Prosecutor Kim Returns To Private Sector

Veteran white-collar defense lawyer Edward Kim, who most recently served as acting U.S. attorney for the Southern District of New York, said Monday he is returning to the firm he founded, Krieger Lewin LLP, which will be known as KKL.
March 03, 2025
Coinbase Wants To Know SEC Spend On Crypto Enforcement

Crypto exchange Coinbase wants to know how much the U.S. Securities and Exchange Commission spent on its "regulation-by-enforcement campaign" against crypto firms under previous Chair Gary Gensler, according to a Freedom of Information Act request submitted on Monday.
March 02, 2025
WH Appeals After Watchdog Chief Is Permanently Reinstalled

A D.C. federal judge ruled Saturday that President Donald Trump's firing of the head of the Office of Special Counsel was illegal, finding that the federal employment watchdog can only be ousted for cause.
February 28, 2025
Strict Mandates In Contracting Order May Undercut Efficiency

An executive order proposing to bring more transparency and efficiency to federal contracting could undermine any efficiency gains by putting additional compliance burdens on an already-strained acquisition workforce that is set to shrink further under the Trump administration.
February 28, 2025
PTAB Denial Rules Shaken Up By Fintiv Memo Withdrawal

The U.S. Patent and Trademark Office on Friday rescinded a 2022 memo regarding when the Patent Trial and Appeal Board may deny review of patents based on parallel litigation, which attorneys said gives the board broader discretion on such denials and could lead to more of them.
February 28, 2025
Trump Still Isn't Obeying Order To Free FEMA Funds, AGs Say

The Trump administration still has not restored millions of dollars in Federal Emergency Management Agency funds as part of a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order.
February 28, 2025
CFPB Endgame Is Just 'Five Men And A Phone,' Filings Allege

Current and former Consumer Financial Protection Bureau employees alleged in D.C. federal court filings that the Trump administration is much more aggressively trying to gut the agency than it has let on, warning it has already damaged vital functions.
February 28, 2025
CFPB Won't Drop MoneyLion Suit Despite Agency Shake-Up

The Consumer Financial Protection Bureau told a New York federal judge Friday that the agency plans to continue pursuing its lawsuit against MoneyLion Technologies Inc. under Trump-appointed leadership despite uncertainty about the agency's future and the CFPB's recent decisions to drop other actions due to the Trump administration's policy shake-up.
February 28, 2025
Texas Appeals Court Finds City Can't Take Oncor Streetlights

A Texas appeals court found Killeen, Texas, can't claim sovereign immunity to evade a suit seeking to stop the city from taking possession of streetlights owned by a utility company, finding Friday the utility company had presented a viable constitutional claim.
February 28, 2025
Ga. Can Cap Wrongful Death Damages, US Chamber Says

The U.S. and Georgia chambers of Commerce have urged the Supreme Court of Georgia to find that its 2010 decision striking down a $350,000 cap on noneconomic medical malpractice damages as unconstitutional should not prevent the court from allowing a similar cap in wrongful death claims.
February 28, 2025
Trump Can't 'Erase' Trans People Via Order, Wash. Judge Says

A Washington federal judge late Friday blocked parts of two of President Donald Trump's executive orders that cut off funding for gender-affirming care for young people, ruling that they violate the Constitution's separation of powers and equal protection guarantees.
February 28, 2025
Calif. Tribe Didn't Comply With Tobacco Laws, Judge Says

Federal tobacco regulators were justified in blocking the Twenty-Nine Palms Band of Mission Indians from shipping cigarettes after its wholesale products were resold to people without tribal affiliation, a California federal judge has ruled in a lawsuit that argued the concept of tribal sovereignty was being turned on its head.
February 28, 2025
Ex-Iranian Intel Official Accused Of Torture In Fla. Suit

A former top Iranian intelligence official was accused of human rights abuses in a Florida federal lawsuit brought by three California men, alleging he played a major role in maintaining the deposed shah's repressive regime through the arrest, mass torture and imprisonment of perceived political dissidents.
February 28, 2025
OPM Tells Agencies To Give On-The-Clock Union Task Info

The U.S. Office of Personnel Management's acting director instructed federal agency heads to submit information about the official time unionized workers spent negotiating, handling grievances and engaging in labor-management relations, issuing the memorandum to carry out President Donald Trump's aim of restoring "efficiency and accountability" in the government.
February 28, 2025
T-Mobile Touts Broadband Benefits Of US Cellular Deal

T-Mobile continues to make its case to the Federal Communications Commission in the hopes of earning the agency's blessing on the mobile behemoth's $4.4 billion plan to pick up rival UScellular's wireless business since it holds the key to the transfer of all the latter company's licenses.
February 28, 2025
FCC Slaps Pirate Radio Stations With $400K In Fines

The Federal Communications Commission fined two people almost $400,000 Friday for running a pair of illegal radio stations, with the agency saying that it was putting "other pirate radio operators on notice."
February 28, 2025
Group Blasts Judge's Call For Women In Contraception MDL

A judicial organization dedicated to fighting "leftist lawfare" filed a complaint Thursday against the Florida federal judge overseeing multidistrict litigation over the hormonal contraceptive drug Depo-Provera, claiming that her comments about women needing to be represented in the MDL leadership show an impermissible bias.
February 28, 2025
Calif. Justices Revive Yacht Club Worker's Injury Suit

The California Supreme Court has revived a suit brought by a yacht club maintenance worker seeking to hold his employer liable for his workplace injuries under federal maritime law, saying the law preempts California's workers' compensation statute.

Expert Analysis

Roundup

Banking Brief: State Law Recaps From Each Quarter Of 2024

In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
How DOGE's Bite Can Live Up To Its Bark

All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
2024 Was A Significant Year For HIPAA Compliance

The Office of Civil Rights' high level of Health Insurance Portability and Accountability Act activity in 2024 and press releases about its specific focus on certain cybersecurity issues make it abundantly clear that the OCR is not going to tolerate widespread compliance complacency, says Nathan Kottkamp at Williams Mullen.
Examining DOJ Corporate Whistleblower Pilot's First 100 Days

Though the U.S. Department of Justice’s corporate whistleblower awards pilot program has successfully elicited numerous tips since its August launch, stakeholder feedback leaves questions about how the scheme compares to other whistleblower awards and protections — and how it will fare in the incoming Trump administration, say attorneys at Joseph Greenwald.
Proactively Managing Tariff Impacts On Megaprojects

President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects — so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.
New York Climate Superfund Law May Face Preemption Fight

New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.
Forecasting The Future Of The FTC Post-Inauguration

The incoming Federal Trade Commission leadership's agenda, which is expected to be in sharp contrast with the Biden administration's enforcement posture, will be noticeable right away in the first few weeks of the Trump administration, say attorneys at Cooley.
5 Notable Information Security Events In 2024

B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
Opinion

Trump Should Pass On Project 2025's Disparate Impact Plan

The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.
Opinion

Laken Riley Act Will Not Advance Immigration Reform

By granting states legal standing to sue the U.S. Department of Homeland Security for immigration violations, the Laken Riley Act enables states to block all kinds of federal actions they don't like but provides little reason for them to be invested in positive change, says Jacob Hamburger at Cornell University Law School.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
How 2025 NDAA May Affect DOD Procurement Protests

A bid protest pilot program included in the 2025 National Defense Authorization Act shifts litigation costs onto unsuccessful bid protesters and raises claim-filing thresholds, which could increase risks to U.S. Department of Defense contractors who file protests, and reduce oversight of DOD procurement awards, say attorneys at Venable.
Looking Back At 2024's Noteworthy State AG Litigation

State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
What Broker-Dealers Must Know Before Selling Bitcoin ETPs

Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.
Opinion

A Federal Insurance Mandate For Private Aviation Is Overdue

A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.