Public Policy

  • February 18, 2025

    NY Broadens Tax Break Guidelines For Development Projects

    New York state broadened guidelines for determining whether some economic development projects may be eligible for property and sales tax exemptions based on the level of a project's on-site child care services under clarifying legislation signed by Democratic Gov. Kathy Hochul.

  • February 18, 2025

    DC Court Asked To Block DOGE's Access To Taxpayer Data

    A federal judge should block the U.S. Treasury Department's reported provision of taxpayer data to the Department of Government Efficiency, halt DOGE's access and order its software uninstalled from Treasury systems, unions and advocacy organizations said in a complaint.

  • February 18, 2025

    NY High Court Upholds Ethics Commission In Cuomo Case

    New York's highest court on Tuesday affirmed the constitutionality of the state's recently revamped ethics commission in an order reversing a lower court ruling that sided with embattled former Gov. Andrew Cuomo amid an investigation related to his use of government employees to help him publish and promote a book.

  • February 18, 2025

    Ex-Goldman Atty Squires Expected To Be Named USPTO Head

    John A. Squires — Goldman Sachs' longtime chief intellectual property counsel, co-founder of Fortress' IP Investment fund and current Dilworth Paxson LLP partner — is expected to be chosen as the Trump administration's nominee for U.S. Patent and Trademark Office director, about a half-dozen sources with knowledge of the agency said Tuesday.

  • February 18, 2025

    Proposed Tweaks To Del. Chancery Law Ignite DExit Firestorm

    Stockholder attorneys in Delaware pushed back immediately against two state Senate measures that would amend corporation law provisions at the center of recent debate over shareholder class lawsuits, big court awards and recent corporate moves to purportedly more business-friendly states such as Texas and Nevada.

  • February 18, 2025

    5th Circ. Won't Rethink DOL Win In OT Threshold Dispute

    The full Fifth Circuit refused to reconsider its decision finding the U.S. Department of Labor has the authority to create a salary threshold as part of its role in defining overtime exemptions, rejecting a Dairy Queen franchise owner's argument that the opinion conflicts with U.S. Supreme Court precedent.

  • February 18, 2025

    NC Justices Asked To Decide Fate Of Top Court Race — Again

    State election officials have urged justices on the North Carolina Supreme Court to finally resolve a contested judicial race between their colleague on the bench and her Republican challenger, asking to leapfrog over the lower appeals court in favor of a speedier decision.

  • February 18, 2025

    Pot Retailers Want Mass. City To Refund 'Impact Fees'

    Three cannabis retailers in the Boston suburb of Newton are seeking a refund of approximately $2 million in what they say were "clearly and unequivocally unlawful" fees paid to do business there, according to a lawsuit filed in state court.

  • February 18, 2025

    Trump Names US Attorneys For DC And Florida

    President Donald Trump has named picks to be U.S. attorneys for the District of Columbia and the Southern District of Florida.

  • February 18, 2025

    Adams, Feds Ordered To Explain Dismissal Bid At Hearing

    A Manhattan federal judge demanded details Tuesday and scheduled a hearing after the Justice Department asked to dismiss criminal charges against New York City Mayor Eric Adams, signaling that the court would not rubber-stamp the request following allegations of a corrupt bargain and mass resignations of prosecutors in protest.

  • February 18, 2025

    Plaintiffs Atty Flags 'Worst' Parts Of Georgia's Tort Reform

    A ban on proposing damages amounts to juries in order to "anchor" them, and easier access to two-phase trials, are the worst parts of a proposed "sweeping" tort reform package being pushed heavily by Georgia Gov. Brian Kemp, according to a prominent plaintiffs attorney.

  • February 18, 2025

    Pa. US Attorney Among Monday Departures

    U.S. Attorney Jacqueline C. Romero of the Eastern District of Pennsylvania and multiple other U.S. attorneys stepped down Monday in the latest wave of federal prosecutors to quit or be fired as the second Donald Trump administration takes power.

  • February 17, 2025

    Labor Groups Denied Block On DOGE's Agency Access

    A Washington, D.C. federal judge again declined to block Elon Musk's Department of Government Efficiency from accessing three federal agencies' data, saying worker and consumer advocates haven't shown that the department's agents don't belong.

  • February 16, 2025

    Trump Admin Asks Justices To OK Special Counsel Firing

    The Trump administration has asked the U.S. Supreme Court to allow the president's firing of a top government ethics watchdog to move forward, arguing a Washington, D.C., federal judge unlawfully seized executive power when she issued an order temporarily reinstating the official pending a legal challenge.

  • February 14, 2025

    Almost Everyone Hates The Judiciary's Amicus Rule Revamp

    Policymakers for the federal judiciary Friday did what often seems impossible in a polarized nation, uniting powerful advocates for defense counsel, trial lawyers, corporations and consumers on a controversial issue. Unfortunately for the policymakers, those advocates were united by antipathy for major rule changes affecting amicus brief filers.

  • February 14, 2025

    Loper Bright Doesn't Sink ESG Rule, Texas Judge Says

    A Texas federal judge again upheld a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, ruling that the rule was still valid despite the U.S. Supreme Court doing away with a decades-long approach to interpreting statutes.

  • February 14, 2025

    Feds Seek Stay Of States' Methane Suit, Citing Trump Order

    The federal government has requested a pause on North Dakota and other states' challenge to a Bureau of Land Management methane waste rule, saying a stay is appropriate because the rule is under review following President Donald Trump's "Unleashing American Energy" executive order.

  • February 14, 2025

    FTC Political Appointees Told To Break Up With 'Leftist' ABA

    Federal Trade Commission Chair Andrew N. Ferguson told agency staff in a letter that political appointees cannot hold leadership positions in the American Bar Association, attend its events or renew their memberships, citing the ABA's "leftist advocacy and its recent attacks" on the Trump administration's agenda.

  • February 14, 2025

    States Move To Block Musk From Taking Over Gov't Agencies

    Fourteen state attorneys general Friday sought an emergency order in D.C. federal court to stop Elon Musk and his U.S. DOGE Service Temporary Organization from exercising "unprecedented" authority over federal agencies, arguing that as an unelected, unconfirmed official, Musk has "taken the helm" of the federal government in violation of the U.S. Constitution.

  • February 14, 2025

    Demise Of Humphrey's Executor Could Sow Chaos At FERC

    The Trump administration's quest to expand the president's firing authority over members of independent agencies paints a target on the Federal Energy Regulatory Commission that would create instability within the energy industry if at-will removal of commissioners becomes a reality.

  • February 14, 2025

    Murkowski Urges Senate To Shield Tribes From Trump Orders

    Republican Sen. Lisa Murkowski of Alaska, chair of the U.S. Senate Committee on Indian Affairs, has urged lawmakers to join her in responding to possible negative effects of President Donald Trump's executive orders on federal funding that Indigenous tribes receive.

  • February 14, 2025

    9th Circ. Judge Pauses At Forest Service's Project Revision

    The U.S. Forest Service pushed back on Friday against a Ninth Circuit judge's point that a restoration project being challenged by a conservation group evolved "quite a bit" after a fire ripped through the area, contending the final plan ultimately prescribed the same changes — just to fewer acres.

  • February 14, 2025

    Maine Judge Denies Challenge To Corporate Transparency Act

    A Maine federal judge upheld the Corporate Transparency Act, rejecting one of several challenges across federal courts claiming Congress lacked the power to require companies to disclose their real owners.

  • February 14, 2025

    FTC's Ferguson, PBMs Agree: Nix Leader Removal Safeguards

    Federal Trade Commission Chairman Andrew N. Ferguson offered his own support for enabling the president to readily fire independent agency commissioners at the FTC and beyond, a day after pharmacy benefit managers cited the new U.S. Department of Justice policy in their own battle with the FTC.

  • February 14, 2025

    Texas Justices OK Indirect Facts In Some Defamation Suits

    The Texas Supreme Court on Friday said plaintiffs can survive summary judgment motions by presenting evidence that a defendant was the source of defamatory information even if they don't identify specific, verbatim statements made by that person.

Expert Analysis

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • What To Do When ICE Shows Up At The Hospital

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    In light of recent executive orders and changes to enforcement directives permitting U.S. Immigration and Customs Enforcement agents to enter sensitive locations like hospitals, healthcare providers should understand how to balance compliance with existing health laws and patient care obligations, say attorneys at Davis Wright.

  • Unpacking The Legal Foundation Of Trump's New Trade War

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    President Donald Trump's recent executive orders and proclamations regarding emergencies at the U.S. border are based on statutory powers enabling a president to address extraordinary external threats — and could be used to fend off legal challenges to the tariffs levied on Mexican and Canadian goods, says Chris Zona at Mandelbaum Barrett.

  • A View Of The Shifting Insurance Regulatory Landscape

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    Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.

  • Trump's Energy Plans: Funding, Permits And Nuclear Power

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    In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • FTC Focus: Avoiding 'Gun Jumping' Violations

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    The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.

  • What Compensation Committees Must Keep In Mind In 2025

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    New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.

  • Likely Doomed CFPB Contract Rule Still Has Industry Pointers

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    While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.

  • Engaging With Feds On Threats To Executives, Employees

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    In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.

  • The Risk And Reward Of Federal Approach To AI Regulation

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    The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.

  • Losing A Motion To Dismiss Ruling Isn't Necessarily The End

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    A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.

  • Anticipating Direction Of Cosmetics Regulation Under Trump

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    It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.

  • Drug Pricing Policy Trends To Expect In 2025 And Beyond

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    Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.

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