Public Policy

  • May 29, 2025

    Projects Get Some NEPA Relief, But How Much Is Unknown

    The U.S. Supreme Court's decision limiting judicial review of environmental analyses of infrastructure projects, combined with the Trump administration's drive to ease approval processes, may boost developers' optimism — but the extent to which reviews can be narrowed remains unknown.

  • May 29, 2025

    NYC Tour Bus Co. Asks Judge To Rethink Nixing Antitrust Suit

    A New York City tour bus operator is once again in the position of trying to convince a federal court to revive the antitrust claims it has brought against several rivals, after a New York federal judge dismissed the second lawsuit the company has filed related to the same dispute.

  • May 29, 2025

    OPM Memos Push Changes In Federal Hiring Based on 'Merit'

    The Office of Personnel Management on Thursday issued two memos outlining plans for hiring federal workers based on merit, following President Donald Trump's executive orders declaring that the federal hiring system focuses too much on anti-discrimination and not enough on employees willing to serve the executive branch.

  • May 29, 2025

    OPM Injunction Looms For DOGE Chaos, As Court Floats Deal

    A Manhattan federal judge hinted she may grant an injunction against the U.S. Office of Personnel Management related to what she called a "rushed, indeed chaotic, grant of access" to sensitive information for agents of the Department of Government Efficiency, before urging the government to hammer out a deal with the union plaintiffs.

  • May 29, 2025

    House Introduces CFTC-Focused Crypto Market Structure Bill

    A bipartisan group of House lawmakers introduced a long-awaited proposal to regulate crypto markets on Thursday that would establish a registration path at the U.S. Commodity Futures Trading Commission and codify the boundaries of jurisdiction between commodities and securities regulators.

  • May 29, 2025

    Express Scripts Says Arkansas Can't Ban PBM Pharmacies

    Pharmacy benefits manager Express Scripts sued the state of Arkansas in federal court Thursday, alleging that the state's recently enacted law banning PBMs from owning pharmacies in the state violated the U.S. Constitution and ran afoul of federal law governing military employee benefits.

  • May 29, 2025

    DOT Calls States' EV Charging Funding Suit Premature

    The U.S. Department of Transportation urged a Washington federal judge to reject an attempt by 16 states to block the Trump administration from cutting off funding for electric vehicle charging projects, saying their claims aren't yet ripe for review.

  • May 29, 2025

    Monsanto Won't Get Damages Offset In $100M PCB Tort Loss

    A Washington state judge has denied Monsanto's bid to reduce the latest $100 million verdict in a chemical poisoning tort series that's yielded more than $1 billion in punitive damages, concluding that the agro-chemical giant hid the health dangers of PCBs for decades in pursuit of profit.

  • May 29, 2025

    Split 9th Circ. Says Spa's Rule On Certain Trans Women Biased

    A divided Ninth Circuit refused to reinstate a Korean spa's constitutional challenge against the Washington State Human Rights Commission and ordered it to rescind its policy denying admission to trans women without gender-affirming surgery, noting Thursday the policy violated state law prohibiting discrimination based on sexual orientation and gender identity.

  • May 29, 2025

    Fla. Appeals Order To Monitor Indian River Manatees

    Florida's Department of Environmental Protection said Wednesday it is appealing an injunction requiring the agency to implement new manatee monitoring programs after a federal judge found it violated the Endangered Species Act by allowing wastewater pollution into the North Indian River Lagoon watershed.

  • May 29, 2025

    Baltimore Drops CFPB Suit Amid Denials Of Defunding Plan

    The city of Baltimore on Thursday moved to drop its lawsuit seeking to bar Trump administration officials from stripping unused funds from the Consumer Financial Protection Bureau, calling off the case while preserving the right to refile later.

  • May 29, 2025

    FTC Seeks To Push Amazon Antitrust Trial To 2027

    The Federal Trade Commission and Amazon on Wednesday fought over the agency's proposal to push back an antitrust trial into 2027 to account for the e-commerce giant's alleged efforts to obstruct discovery, with Amazon telling a Washington federal judge that it was the FTC that insisted on a burdensome discovery.

  • May 29, 2025

    TikTok Can't Duck NY Suit Over Kids' Mental Health

    TikTok cannot escape claims brought by the state of New York accusing the social media platform of harming children's mental health, a state court ruled Thursday.

  • May 29, 2025

    Colo. Builder Slams 'Unconstitutional' Affordable Housing Fees

    The city of Denver is unconstitutionally forcing homebuilders to contribute to an affordable housing fund before they can obtain development permits, a local developer said in a suit filed in Colorado federal court on Thursday.

  • May 29, 2025

    China Unicom Will Stay On FCC 'Covered List'

    The Federal Communications Commission has dashed China Unicom's hopes of being removed from the agency's so-called covered list, a list of companies whose telecommunications equipment the FCC says poses an unacceptable risk to national security.

  • May 29, 2025

    Khalil Files FOIA On Fed Collusion With Anti-Palestinian Groups

    Attorneys representing Columbia University graduate Mahmoud Khalil submitted a Freedom of Information Act request on Thursday seeking communications between the Trump administration and anti-Palestinian groups they say targeted him before his arrest.

  • May 29, 2025

    Colo. Court Says No Immunity For Telecom From Injury Suit

    Colorado appellate judges on Thursday ruled that a telecommunications provider lacked authority over a sidewalk where a cyclist was injured and can't be shielded from liability by a recreational use law, reversing a trial court decision in favor of the company.

  • May 29, 2025

    DOJ Officially Files To Drop Boeing 737 Max Conspiracy Case

    The U.S. Department of Justice on Thursday formally moved to drop its criminal conspiracy case against Boeing over the deadly 737 Max 8 crashes and asked a Texas federal judge to vacate the June 23 trial date, saying a $1.1 billion nonprosecution agreement is a meaningful resolution that holds the company accountable.

  • May 29, 2025

    Judge Orders Immigration Parole Programs To Resume

    A Massachusetts federal judge ordered the Trump administration to resume processing applications for parole and benefits filed by noncitizens already in the U.S. under certain categorical parole programs, saying it's necessary to prevent irreparable harm.

  • May 29, 2025

    Fla. Judge Denies Trainer's Bid To Block Horse Racing Law

    A Florida federal judge Thursday denied a horse trainer's bid to block enforcement of a horse racing law in his complaint challenging an anti-doping ban, ruling the trainer failed to show irreparable harm and that issues in his claim asserting a right to a jury trial aren't fully developed.

  • May 29, 2025

    Tariff Rulings Undercut Trump's Trade Authority, Dealmaking

    U.S. trading partners have inadvertently found new leverage in tariff negotiations with the Trump administration after federal courts found several of the president's duties were improperly imposed, raising larger questions about future tariff authorization in the midst of a global trade spat.

  • May 29, 2025

    KC Royals Say Mortgage Deal Doesn't Imply Move To Kansas

    The Kansas City Royals have made a third-party purchase of the mortgage on a potential site for a new ballpark in Overland Park, Kansas, but denied that the transaction meant the MLB team was moving from the city and state of Missouri that have been its home since launching in 1969.

  • May 29, 2025

    Ex-Copyright Chief Wants Fast Ruling In Trump Firing Dispute

    The fired director of the U.S. Copyright Office asked a D.C. federal court Thursday for expedited briefing in her lawsuit challenging her termination by the Trump administration, saying there is "a pressing need" to resolve the matter quickly.

  • May 29, 2025

    Big Oil Caused Woman's Heat Wave Death, Novel Suit Says

    The daughter of a Seattle woman who died during a 2021 heat wave filed a first-of-its kind wrongful death suit in Washington state court Thursday against oil and gas giants — including BP, Chevron, ConocoPhillips and Shell — alleging the companies knew for decades their fossil fuel products would one day "claim lives."

  • May 29, 2025

    Ore. Pot Regulator Will No Longer Require Labor Peace Pacts

    Oregon's cannabis regulator said Thursday that it would no longer enforce a voter-approved law requiring cannabis businesses to enter into labor peace agreements with their employees, following a federal judge's ruling that the law was preempted by federal policy.

Expert Analysis

  • Unpacking Copyright Office's AI Report Amid Admin Shakeups

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    Though recent firings have thrown the U.S. Copyright Office into turmoil, the latest entry in its report on artificial intelligence can serve as a road map for litigants, persuasive authority for courts and input on the legislative process, say attorneys at Epstein Becker.

  • Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol

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    As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.

  • Perspectives

    Reading Tea Leaves In High Court's Criminal Law Decisions

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    The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Hints Of Where Enforcement May Grow Under New CFPB

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    Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

  • Only Certainty About FAR Reform Order Is Its Uncertainty

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    The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.

  • Maintaining Legal Compliance For GenAI In Life Sciences

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    As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.

  • Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case

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    The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Enviro Justice Efforts After Trump's Disparate Impact Order

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    The Trump administration's recent executive order directing the U.S. Department of Justice to unwind disparate impact regulations may end some Biden-era environmental justice initiatives — but it will not end all efforts, whether by state or federal regulators or private litigants, to address issues in environmentally overburdened communities, say attorneys at ArentFox Schiff.

  • What Disparate Impact Order Means For Insurers' AI Use

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    A recent executive order seeking to bar disparate impact theory conveys a meaningful policy shift, but does not alter the legal status of federal antidiscrimination law or enforceability of state laws, such as those holding insurers accountable for using artificial intelligence in a nondiscriminatory matter, say attorneys at Eversheds Sutherland.

  • Choosing A Road To Autonomous Vehicle Compliance

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    As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.

  • Navigating The Expanding Frontier Of Premerger Notice Laws

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    Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.

  • Evolving Federal Rules Pose Further Obstacles To NY LLC Act

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    Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.

  • The Risks Of Trump's Plan To Fast-Track Deregulation

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    A recent memorandum issued by President Donald Trump directing the repeal of so-called unlawful regulations, and instructing that agencies invoke the good cause exception under the Administrative Procedure Act, signals a potentially far-reaching deregulatory strategy under the guise of legal compliance, say attorneys at GableGotwals.

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