Public Policy

  • December 11, 2024

    Big Tech, 'Censorship' Animate Trump FTC Picks

    President-elect Donald Trump's picks Tuesday to lead and join the Federal Trade Commission show he plans to continue Washington's focus on antitrust enforcement against major technology platforms, while also signaling a potential shift toward more populist Republican concerns alleging that Big Tech censors conservative voices.

  • December 11, 2024

    Grocery Store Rulings Back Enforcers' Merger Approach

    Federal and state enforcers scored key victories Tuesday with a pair of court rulings blocking the planned $24.6 billion merger between Kroger and Albertsons that largely adopted their allegations about the deal and rejected a proposal to unload nearly 600 stores to save it.

  • December 11, 2024

    Texas Sues 3M And DuPont Over Forever Chemicals

    Texas launched a suit against 3M and DuPont for "misrepresentations and key omissions" the companies made about so-called forever chemicals, telling a state court on Wednesday that the companies lied to the public about the harmful chemicals for over 50 years.

  • December 11, 2024

    Pot Farmer Opposes Sanctions In Suit Over Mistaken Raid

    An Oklahoma medical marijuana cultivator whose property was destroyed when state drug enforcers mistakenly raided his legal farm is pushing back on efforts to hit him with sanctions for allegedly being belligerent during a deposition, telling a federal court that he's offered to sit down for a second round of questioning.

  • December 11, 2024

    Dems, GOP Agree That China Cyberspying Is A Problem

    For all their disagreements, Republicans and Democrats were largely singing the same tune Wednesday afternoon at a Senate hearing on the security of the nation's communications networks — that they're worried, and the government needs to get to work on a solution.

  • December 11, 2024

    Montana Justices Uphold Temporary Block On Trans Care Ban

    Montana's highest court delivered a key victory for transgender youths and healthcare practitioners on Wednesday in a decision finding that privacy rights afforded by Montana's constitution favor a halt to the state's ban on gender-affirming care while litigation against it proceeds.

  • December 11, 2024

    Bipartisan Bill Would Sunset Afghan Oversight Office

    Congressional representatives Jason Crow and Young Kim introduced a bipartisan bill Wednesday geared at sunsetting the office responsible for keeping Congress up to date with reconstruction activities in Afghanistan for the past 16 years.

  • December 11, 2024

    Seminole Tribe Can't Intervene In Gaming Ad Suit, Court Told

    A class action party is objecting to the Seminole Tribe of Florida's proposed intervention in the lawsuit, saying the tribe's interests are adequately protected by vendor Seminole Hard Rock Digital, which has already raised the tribe's defenses in successive motions to dismiss.

  • December 11, 2024

    Ex-Rep. TJ Cox Reaches Plea Deal On Fraud Charges

    Former U.S. Rep. T.J. Cox reached a deal with California federal prosecutors and agreed to plead guilty to two charges and pay up to a $3.5 million fine over allegations he stole from his companies and took illegal campaign contributions, according to a plea agreement filed Wednesday. 

  • December 11, 2024

    Split 9th Circ. Nixes Trump-Era Hospital Reimbursement Rule

    A split Ninth Circuit on Wednesday struck down a U.S. Department of Health and Human Services policy that boosted the Medicare reimbursement rate for hospitals in lower-income communities, saying the agency's former secretary lacked authority to issue the policy despite his "laudable goal" of helping lower-wage hospitals.

  • December 11, 2024

    NRA Ordered To Reform Policies After NY Misconduct Verdict

    A New York judge ordered changes to the National Rifle Association's board structure and organizational policies Wednesday to "prevent future violations of law," following a jury verdict that found widespread financial misconduct and whistleblower retaliation within the gun group.

  • December 11, 2024

    Calif. Judge Approval Puts Biden One Shy Of Trump's Record

    The Senate voted 50-47 on Wednesday evening to confirm Judge Noël Wise for the Northern District of California, making her the 233rd lifetime federal judge confirmed under President Joe Biden and putting him one shy of former President Donald Trump's total and making him likely to surpass it with additional confirmations in coming days.

  • December 11, 2024

    Justices Won't Block EPA Coal Ash Rule During Court Case

    The U.S. Supreme Court on Wednesday rejected a Kentucky electric utility's effort to halt implementation of the U.S. Environmental Protection Agency's rule strengthening federal regulations for the safe management of coal ash.

  • December 11, 2024

    Dem Senators Urge Biden To Extend Immigrant Protections

    Several Democratic senators on Wednesday urged President Joe Biden to use his final days in office to bolster temporary protected status protections for several countries and expedite the renewal process for Deferred Action of Childhood Arrivals recipients.

  • December 11, 2024

    Wash. Port Asks Justices To Review 9th Circ. CWA Ruling

    The Port of Tacoma urged the U.S. Supreme Court on Wednesday to answer what it calls a "longstanding circuit split" over whether private suits seeking to enforce state permit conditions that go beyond the Clean Water Act can proceed in federal court.

  • December 11, 2024

    Justices Question Affiliates' Liability In $47M TM Judgment

    The U.S. Supreme Court on Wednesday questioned why lower courts ordered affiliates of a real estate company to pay a $47 million trademark infringement judgment against it when they were not defendants, with Justice Clarence Thomas asking counsel for the prevailing party why they did not include the affiliates in the case.

  • December 11, 2024

    DOJ Tells Justices To Preserve Antitrust Probe Into NAR

    The U.S. Department of Justice told the U.S. Supreme Court that it made no commitment not to reopen its investigation into the National Association of Realtors as part of its 2020 consent decree with the company, urging the justices to reject the association's bid for a day before the high court.

  • December 11, 2024

    Anti-SLAPP Protections Passed By Michigan House

    The Michigan House of Representatives voted Tuesday to approve legislation to make it easier to quickly defeat meritless defamation lawsuits, sending the bipartisan-backed proposal to the state Senate.

  • December 11, 2024

    Group Targets Air Force Academy Over Race In Admissions

    Conservative advocacy group Students for Fair Admissions filed a lawsuit in Colorado federal court on Tuesday challenging the U.S. Air Force Academy's consideration of race in admissions decisions.

  • December 11, 2024

    LA Fitness Fights To End DOJ's Gym Accessibility Suit

    LA Fitness urged a California federal judge to toss the U.S. Department of Justice's civil enforcement lawsuit alleging the gym chain failed to accommodate patrons with disabilities at its nearly 700 locations across the country, arguing the lawsuit relies on "isolated" incidents and doesn't show "a pattern and practice."

  • December 11, 2024

    NC Elections Board Rejects GOP Protests To 60,000 Votes

    A divided North Carolina State Board of Elections on Wednesday voted to deny a consortium of election protests filed by Republican candidates seeking to discount more than 60,000 ballots from the Nov. 5 election, further cementing incumbent Supreme Court Justice Allison Riggs' victory in her contested race with Judge Jefferson Griffin.

  • December 11, 2024

    Doctors Group Asks DC Circ. To Pause Pot Hearings

    A group of doctors who advise their patients on medical cannabis is asking the D.C. Circuit to put a stay on hearings set for January over whether to reschedule cannabis under the Controlled Substances Act, saying they were unfairly denied the chance to participate in those hearings.

  • December 11, 2024

    Lawmakers Push For Syria Sanctions Pause After Assad's Fall

    Two state representatives have asked federal government higher-ups to suspend certain sanctions on Syria after the recent collapse of Bashar al-Assad's government, saying the regime's fall shows the potential effectiveness of the targeted sanctions.

  • December 11, 2024

    More Facts Needed In RJ Reynolds Tax Row, Mich. Court Says

    More facts are needed on whether part of a $4.9 billion sale of trademarks by R.J. Reynolds to a Japanese company should be taxable in Michigan, a state court said Wednesday, declining to rule immediately.

  • December 11, 2024

    Border Protection Says It's Swamped With FOIA Requests

    U.S. Customs and Border Protection told a judge it is working to hand over records Texas Attorney General Ken Paxton requested months ago, but said a spike in document requests has made it "almost impossible" to meet Freedom of Information Act deadlines.

Expert Analysis

  • Trump Fossil Fuel Focus Won't End Interest In Clean Energy

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    A second Donald Trump administration is expected to prioritize expanding oil and gas drilling and reducing regulations — but some clean energy investments, including energy storage, hydrogen and sustainable aviation fuel, will likely continue to garner bipartisan and market support, says Scott Segal at Bracewell.

  • EPA's New Lead Pipe Rule Leaves Key Questions Unanswered

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    The U.S. Environmental Protection Agency's recently released update to its Lead and Copper Rule is a major step forward in the elimination of lead from drinking water systems, but it lacks meaningful guidance on alternative materials, jurisdictional concerns, cost allocation and other topics, say attorneys at Foley Hoag.

  • Navigating DOJ's Patchwork Whistleblower Regime

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    In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.

  • What To Expect From State AGs As Federal Control Changes

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    Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • A Look At Similarities Between SOX And SEC's Cyber Rule

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    Just as the Sarbanes-Oxley Act paved the way for greater transparency and accountability in financial reporting, the SEC's cybersecurity rule is doing much the same for cybersecurity, ensuring that companies are resilient in the face of growing cyber threats, says Padraic O'Reilly at CyberSaint.

  • Opinion

    Efficiency Dept. Should Consolidate Antitrust Enforcement

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    President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.

  • What To Expect Next From Federal Health Tech Regulation

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    Healthcare organizations should pay close attention to federal health information technology regulators' recent guidance concerning barriers to accessing electronic health information, which signals that more enforcement in this area is likely forthcoming, say attorneys at Ropes & Gray.

  • In SF Water Case, Justices Signal How Loper May Be Applied

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    Skeptical questions from U.S. Supreme Court justices during oral argument in San Francisco v. U.S. Environmental Protection Agency offer hints of how the court intends to apply limits on agency regulatory autonomy established last term in Loper Bright, says Karen Cullinane at Goldberg Segalla.

  • Trump Rollback Of Biden Enviro Policies: What To Expect

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    Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.

  • 5 Areas Congress May Investigate After GOP Election Wins

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    With Republicans poised to take control of Congress in addition to the executive branch next year, private companies can expect an unprecedented uptick in congressional investigations focused on five key areas, including cryptocurrency and healthcare, say attorneys at Cahill Gordon.

  • US Intellectual Property-Based Sanctions Could Be Imminent

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    A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.

  • Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends

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    A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.

  • Takeaways From State Votes On Abortion In The 2024 Election

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    Attorneys at Epstein Becker discuss how 10 states voted on ballot initiatives to either protect or restrict access to abortion in the 2024 general election, and analyze overarching trends.

  • Trump's 2nd Term May Be A Boost To Banking Industry

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    President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.

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