Public Policy

  • April 15, 2025

    NJ Judge Unsure Of Law Prof's Bid To Revive Free Speech Suit

    A New Jersey federal judge seemed unconvinced by a law professor's argument that he should reconsider dismissing her lawsuit alleging Kean University violated her free speech, noting during oral arguments Tuesday that he'd already tossed the case twice.

  • April 15, 2025

    Entergy Can't Fight FERC Market Rule Change, DC Circ. Says

    The D.C. Circuit on Tuesday said Entergy lacks standing to challenge the Federal Energy Regulatory Commission's rejection of a regional grid operator's change to its capacity market rules after the agency concluded the change would give Entergy too much market power.

  • April 15, 2025

    Colorado Judge Tosses Counties' Suit Over $25M Tax Transfer

    A Colorado state judge has dismissed a lawsuit brought by seven counties challenging the transfer of $25 million from a state fund aimed at offsetting the impacts of extractive industries, finding in an order that the state Legislature had full authority to move the dollars.

  • April 15, 2025

    Trump's Tariff Reprieves Buy Lawyers Time To Strategize

    President Donald Trump's expanded tariff exclusion for electronic goods from China and the pause on higher rates for all countries except China gives lawyers an opportunity to seek mitigation solutions for importers, but the moves do little to create long-term business certainty.

  • April 15, 2025

    Law Students Say EEOC Overreached With DEI Info Demands

    A trio of law students sued the U.S. Equal Employment Opportunity Commission in D.C. federal court Tuesday, claiming the agency "grossly overstepped" by demanding workplace diversity information, including personal details about applicants and workers, from prominent law firms.

  • April 15, 2025

    NJ Judicial Privacy Law Is Unconstitutional, 3rd Circ. Told

    A group of data brokers told the Third Circuit that the New Jersey judicial privacy measure, Daniel's Law, is facially unconstitutional and that a federal district judge effectively "rewrote" it when he found otherwise.

  • April 15, 2025

    DC Maintains, Expands Tax Exemptions For NBA, NHL Arena

    The District of Columbia maintained and expanded tax breaks for the property and airspace of Capital One Arena, home to the NBA's Washington Wizards and NHL's Washington Capitals, as part of legislation that became law, according to a notice published in the district's register.

  • April 15, 2025

    DOL Blocked From Forcing Contractors To Swear Off DEI

    The U.S. Department of Labor cannot force federal funding recipients to certify that they don't operate programs that violate recent executive orders targeting diversity, equity and inclusion initiatives, an Illinois federal judge held, saying President Donald Trump's directive likely violates the First Amendment.

  • April 15, 2025

    MIT Bros. Cite DOJ Memo In Bid To Get $25M Crypto Case Axed

    Two Massachusetts Institute of Technology-educated brothers accused of stealing $25 million worth of cryptocurrency cited a U.S. Department of Justice memo instructing prosecutors to pull back from novel cases involving digital assets as they urged a New York federal judge to dismiss the charges.

  • April 15, 2025

    Pot Farm, Michigan Town Say No RICO Case In Couple's Suit

    Newfield Township, Michigan, and a cannabis company permitted to operate in the town are urging a federal judge to deny an injunction requested by a Newfield couple aimed at shutting down the company's farm, saying the couple have failed to show evidence of racketeering or that they face current or imminent harm.

  • April 15, 2025

    DC Circ. Zaps FERC Fight Over Grain Belt Express Line

    A D.C. Circuit panel on Monday said Illinois landowners, farmers and residents fighting the $7 billion Grain Belt Express high-voltage transmission project lack standing to challenge a Federal Energy Regulatory Commission order that amended its negotiated rate authority.

  • April 15, 2025

    Judge Upholds Jury Verdict Against Project Veritas

    A D.C. federal judge upheld a $120,000 jury verdict against Project Veritas for its sting operation on the liberal consulting firm Democracy Partners, ruling that the conservative activist group's activities are not protected by heightened First Amendment standards because the case involved non-expressive conduct, not speech content.

  • April 15, 2025

    Honigman Hires FCPA Expert, 21-Year Miller & Chevalier Vet

    As evolving U.S. trade policy continues to create global economic uncertainty, Honigman LLP is the latest firm in recent months to announce the hiring of an attorney with a background in international trade.

  • April 15, 2025

    EU Still Open To Zero-Tariff US Deal, Trade Chief Says

    The European Union remains open to a trade deal with the United States to reach zero tariffs on all goods between the country and the trade bloc, the EU trade commissioner said.

  • April 15, 2025

    Palin-NYT Libel Retrial Starts With Key Ruling For Paper

    Sarah Palin's second libel trial against The New York Times over a 2017 editorial began Tuesday after a Manhattan federal judge declined to tell jurors that the article was defamatory as a matter of law.

  • April 14, 2025

    Justice Dept. Lands 1st Wage-Fixing Jury Trial Conviction

    A Nevada federal jury on Monday convicted a nursing executive on wage-fixing charges, the first antitrust charge to succeed before a jury in a string of U.S. Department of Justice prosecutions targeting antitrust violations in labor markets.

  • April 14, 2025

    Trump Admin Ordered To Resume Processing Refugees

    A Washington federal judge has ordered the federal government to immediately resume processing of certain refugees and also continue funding for agencies that facilitate refugee resettlement, finding that the government has not complied with previous orders.

  • April 14, 2025

    PAC Treasurer Avoids Prison For $26.4M Fundraising Fraud

    A Manhattan federal judge on Monday sentenced the former treasurer of multiple political action committees to 30 months of home detention for a scheme that raised about $26.4 million from small-dollar donors for supporting veterans and other causes, but that saw little of that money go to intended recipients.

  • April 14, 2025

    DOJ Says Some Asylum Claims Should Be Axed Sans Hearing

    The U.S. Department of Justice's Executive Office for Immigration Review cleared immigration judges to dismiss asylum applications without a hearing when the applications on their face are deemed to be legally insufficient.

  • April 14, 2025

    Linking Friends No Longer Meta's Focus, Zuckerberg Says

    Meta Platforms CEO Mark Zuckerberg testified Monday that the social media giant is no longer solely focused on connecting friends and family, arguing on the first day of the Federal Trade Commission's monopolization trial that the company has broader focus and faces more competition than the FTC claims.

  • April 14, 2025

    Feds Ask 9th Circ. To Stay Legal Funding For Migrant Kids

    The Trump administration asked the Ninth Circuit on Monday to pause a California federal judge's order barring the government from cutting federal funding for groups providing legal representation to unaccompanied immigrant children, while attorneys challenging the funding cuts say the government is still in violation of the order.

  • April 14, 2025

    Judge Bars Removal Of Colo. Venezuelan Migrants For Now

    A Colorado federal judge on Monday temporarily barred the Trump administration from deporting any detained noncitizens in the state who could face deportation under an Alien Enemies Act proclamation seeking to quickly remove alleged Venezuelan gang members.

  • April 14, 2025

    SEC Clears Green Impact Exchange To Enter Market In 2026

    The U.S. Securities and Exchange Commission on Monday cleared a proposal by Green Impact Exchange to launch the first sustainability focused national securities exchange, scheduled to begin operating in 2026.

  • April 14, 2025

    Bipartisan Trio Urges DOJ To Keep Antitrust Offices Open

    Top members of the Senate Judiciary Committee are urging the U.S. Department of Justice to rethink its plan to close the Antitrust Division's field offices in Chicago and San Francisco because of their "vital" role in antitrust enforcement.

  • April 14, 2025

    Senate Dems Seek Briefing On Threats To Federal Judges

    Democrats on the Senate Judiciary Committee announced Monday that they're asking the U.S. Marshals Service for a briefing on threats against federal judges.

Expert Analysis

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • How Citizen Petitions Have Affected Drug Competition

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    In light of recent citizen petitions and proposed legislation regulating such petitions, Omar Robles at Managing Health analyzes the statistics of the extent to which citizen petitions have been filed, and to what extent they have delayed competition in prescription pharmaceuticals.

  • Texas Fraud Case Shows Dangers Of Faulty Crypto Reporting

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    The recent sentencing of a man who failed to properly report capital gains from bitcoin sales is a reminder that special attention must be given to the IRS' reporting requirements in order to stay out of the government's crosshairs, says Saverio Romeo at Fox Rothschild.

  • Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap

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    If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Justices' TikTok Ruling May Pose Threat To Online Expression

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    The U.S. Supreme Court's recent landmark ruling upholding a federal law mandating TikTok's forced divestiture in the name of data security may embolden digital censorship agendas worldwide, says IP lawyer Bahram Jafari.

  • Suggestions For CFTC Enforcement's New Leadership

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    The recent change in leadership at the U.S. Commodity Futures Trading Commission presents an opportunity to reflect on past practices and consider opportunities for improvement at the commission's Enforcement Division, including in observing precedent and providing greater enforcement transparency, say attorneys at Clifford Chance.

  • What SDNY Judge Can And Can't Do In Adams Case

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    The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.

  • Assessing PE Risk After Mass. False Claims Act Amendments

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    A law recently passed in Massachusetts amends the commonwealth's False Claims Act by dramatically expanding potential liability for private equity firms and investors, underscoring the importance of robust diligence and risk assessments for private equity firms conducting transactions in the commonwealth, say attorneys at Gibson Dunn.

  • How Crypto Firms Should Approach Patchwork Of State Laws

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    The Money Transmission Modernization Act was designed to create uniformity across state digital regulations, but the reality remains far from consistent — as demonstrated by the patchwork of laws in states like Texas, Vermont, New York and California — so as state legislatures convene in the coming weeks, crypto firms should watch closely for developments that could shape the regulatory landscape, say attorneys at Paul Hastings.

  • A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

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    Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

  • The Current And Future State Of Bank-Fintech Partnerships

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    Though the Consumer Financial Protection Bureau under President Donald Trump seems likely to cultivate an environment friendlier to the financial services industry, bank-fintech partnerships should stay devoted to proactive compliance and be ready to adapt to regulatory shifts that may intensify scrutiny from enforcers, say attorneys at Greenberg Traurig.

  • Chancery Ruling Holds Authorized Share Takeaways For Cos.

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    The Delaware Chancery Court’s recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.

  • What Trump Actions Mean For Federal Research Funding

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    New guidance from the National Institutes of Health represents a massive policy shift regarding federal funding for researchers at institutions of higher education, contributing to a perfect storm of significant resource shortfalls in upcoming years, say attorneys at Arnold & Porter.

  • Opinion

    NFT Bill Needs Refining To Effectively Regulate Digital Assets

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    A recent bill in the U.S. House proposing to regulate nonfungible tokens as digital assets would leave key concepts undefined until the U.S. comptroller general completes an after-the-fact study of NFTs, showing it needs more work before it is comprehensive enough to meaningfully protect the market, say attorneys at Duane Morris.

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