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Public Policy
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January 02, 2025
Mich. Justices Say Detroit Fire Fee Is Legal, Not A Tax
The Michigan Supreme Court has ruled a Detroit fee for a fire service program was not an unlawful tax but clarified that a regulatory program's main benefit cannot be the mere permission for a property owner to operate its business in the city.
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January 02, 2025
Colo. AG Launches 2026 Bid For Governor
Colorado Attorney General Philip J. Weiser, a former law school dean who served in the U.S. Department of Justice's Antitrust Division, on Thursday announced his bid to become the state's next governor in 2026.
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January 02, 2025
US Sanctions Russia, Iran Over Attempted Election Interference
The Biden administration has hit Russian and Iranian military and intelligence groups with a fresh round of penalties for their attempts to spread disinformation and stoke political tensions during the 2024 general election.
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January 02, 2025
Ex-Defender Asks 4th Circ. To Force Back Harvard Profs, Attys
A former assistant public defender in North Carolina who lost her case accusing the judiciary of violating her equal protection and due process rights has doubled down on an attempt to reinstate her legal team of Harvard Law School professors and litigators who abruptly abandoned the case just before trial.
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January 02, 2025
Feds Ink $1B Supply Deal With Constellation Nuke Plants
The U.S. General Services Administration said Thursday it has cut the largest energy procurement deal in its history after purchasing 10 million megawatt-hours of electricity from Baltimore-based Constellation New Energy Inc. in combined energy contracts totaling more than $1 billion.
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January 02, 2025
Dartmouth Men's Basketball Players End Unionization Push
The men's basketball players behind a union push at Dartmouth College have ended that effort amid uncertainty over whether a Republican-led labor board would uphold the landmark decision that let them vote to unionize.
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January 02, 2025
Mich. Judge Revives U-Visa Seekers' Suit Over Delays
Courts can't compel U.S. Citizenship and Immigration Services to issue work authorizations, but can consider the reasonableness of its processing delays, a Michigan federal judge said Thursday, reversing her dismissal of a proposed class action brought by U-visa petitioners.
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January 02, 2025
IRS, Treasury Float Regs On Excise Taxes For Drugmakers
The IRS and Treasury proposed rules for charging excise taxes to drugmakers that refuse to negotiate drug prices with Medicare under requirements of the 2022 tax and climate law, saying the tax only would apply to manufacturers and importers that initially sell the drugs.
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January 02, 2025
Hoboken Pot Dispensary Was Rightly Approved, Panel Finds
A New Jersey appeals panel has given its approval to a Hoboken marijuana dispensary, saying the trial court was wrong to block it from operating based on an ordinance passed after it submitted a conditional use application for its location.
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January 02, 2025
Feds Want 6 Years For Ex-FBI Informant Who Smeared Bidens
Prosecutors told a California federal judge that a former FBI informant who falsely told agents that a Ukrainian energy company had paid off President Joe Biden and his son Hunter should be sentenced to six years in prison, saying he betrayed the United States by trying to influence the 2020 election even after being granted citizenship.
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January 02, 2025
Trump Transition Underway At Key Environmental Agencies
President-elect Donald Trump's landing teams — tasked with aiding the upcoming transition in the White House — are busy gathering information to set the new administration on course to implement its priorities on day one.
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January 02, 2025
How Jimmy Carter Transformed The Federal Bench
Former President Jimmy Carter, who died Sunday, presided over the country's largest judicial expansion, an opportunity he seized to fill seats on the federal bench with more women and people of color than ever before.
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January 02, 2025
6th Circ. Overturns FCC Net Neutrality Rules
The Sixth Circuit upended the Federal Communications Commission's net neutrality rules Thursday, holding that commercial broadband providers cannot be regulated as telecommunications common carriers.
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January 01, 2025
US International Tax Issues to Watch In 2025
As President-elect Donald Trump and Republicans take control of the U.S. government in 2025, policymakers are expected to address changing international provisions in the Internal Revenue Code and reevaluate the country's role in global tax talks. Here, Law360 examines key U.S. international tax policy issues to watch in the new year.
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January 01, 2025
5 Big Questions For White Collar Enforcement In 2025
White-collar lawyers are bracing for potentially seismic shifts in government enforcement as President-elect Donald Trump returns to the White House with a sweeping new set of priorities and a squadron of tech gurus and political allies to carry them out.
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January 01, 2025
The Top 5 High Court Cases To Watch This Spring
The U.S. Supreme Court justices will return from the winter holidays to tackle major First Amendment questions and several administrative law disputes — all arising from the Fifth Circuit — that could further change how federal agencies promulgate rules and defend them.
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January 01, 2025
The Top Sports & Betting Cases To Keep An Eye On In 2025
The name, image and likeness class action the NCAA settled in 2024 for $2.78 billion was a long time coming and packs a punch that will be felt for years to come. It overshadowed other ongoing, status quo-rocking litigation involving the NFL, NBA, MLB and more. Here, Law360 looks at the top sports and betting cases the legal world will be watching in 2025.
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January 01, 2025
Trump Begins 2nd Term With At Least 45 Judge Seats To Fill
Incoming President Donald Trump will take office Jan. 20 with 45 seats on the federal bench to fill. Currently, there are 39 empty seats on U.S. district and circuit courts and 6 pending vacancies due to announced retirements and plans to take senior status, three of which opened on Dec. 31 and another that opened Jan. 2.
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January 01, 2025
Personal Injury, Medical Malpractice Cases To Watch In 2025
A pending U.S. Supreme Court ruling over the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule on so-called ghost guns and Pennsylvania's top court's possible invalidation of a government injury damages cap are among the cases injury and malpractice attorneys will be following in 2025.
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January 01, 2025
Bankruptcy Issues To Watch In 2025
Bankruptcy professionals are seeing uncertainty in 2025, with a mix of opinions on whether filings will trend up or down, but certainty that there won't be a final word on the claims release questions bankruptcy plans faced in 2024.
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January 01, 2025
Copyright & Trademark Policy And Trends To Watch In 2025
Congress has its sights set on cracking down on deepfakes this year with a pair of proposals aimed at establishing uniform protections for individuals nationally, and intellectual property attorneys are watching Illinois, which has become a go-to place to pursue online counterfeiters. Here are Law360's picks for the copyright and trademark policies and trends to watch this year.
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January 01, 2025
Google, Meta In The Antitrust Crosshairs For 2025
The U.S. Department of Justice and the Federal Trade Commission enter 2025 with an unusual distinction on the horizon: Both will spend April in D.C. federal court against technology giants as the DOJ seeks to break up Google and the FTC kick-starts a monopolization trial against Meta Platforms.
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January 01, 2025
Healthcare And Life Science Policies To Watch In 2025
Healthcare and life sciences attorneys will have their eyes on Washington, D.C., in the next few months. They will be keen to understand how a new presidential administration and a new Congress with razor-thin GOP control will approach a bevy of fraught issues.
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January 01, 2025
What Banking Attorneys Are Watching In The Courts In 2025
Lawsuits pushing back on novel state-level consumer protection laws and a host of Biden-era Consumer Financial Protection Bureau regulatory actions are top of mind for financial services attorneys heading into the new year. Here, Law360 previews what's on tap.
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January 01, 2025
Georgia Cases To Watch In 2025
The fate of a prosecution of President-elect Donald Trump, Ford's ongoing fight over claims it hid the rollover dangers of its Super Duty trucks, and a feeding frenzy of class actions after a major metro Atlanta industrial fire are among the cases that will take center stage in Georgia's courts this year.
Expert Analysis
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Takeaways From State Votes On Abortion In The 2024 Election
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.
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Trump's 2nd Term May Be A Boost To Banking Industry
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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Loper Bright Offers New Materiality Defense To FCA Liability
The U.S. Supreme Court's decision in Loper Bight Enterprises v. Raimondo, ending Chevron deference, may have created a new defense to False Claims Act liability by providing the opportunity to argue that a given regulation is not material to the government's payment decision, says Tanner Cook at Husch Blackwell.
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A Look At 2024 NIL Rights And Economies In College Sports
Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.
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How Expanded Birth Control Coverage May Affect Employers
Employers should consider the potential impact of recently proposed regulations that would expand group health plans' required coverage of preventive services and contraceptives, including questions about how the agencies would implement their plans to eliminate the prescription requirement and alter the exceptions process, says Jennifer Rigterink at Proskauer.
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Unpacking CFPB's Unwieldy Buy Now, Pay Later Guidance
Both the Consumer Financial Protection Bureau's recent interpretive rule regarding buy now, pay later transactions, and its FAQ guidance, place providers in murky waters with the unenviable position of attempting to place a square, closed-end product in a round, regulatory framework meant for open-end products, say attorneys at Troutman Pepper.
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9 Considerations Around Proposed Connected Vehicle Ban
Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Predicting Shareholder Activism Trends In New Trump Admin
While President-elect Donald Trump has promised tax policies, deregulation and lax antitrust enforcement — which all fuel shareholder activism — a closer look at his first administration's track record suggests that his second presidency might be a mixed bag for activist investors and companies alike, say attorneys at Sidley.
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What Trump's 2nd Presidency Could Mean For Crypto Sector
Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
Preserving The FCA Is Crucial In Trump's 2nd Term
While the Trump administration may pursue weaker False Claims Act enforcement, it remains an essential tool in safeguarding public funds and maintaining corporate accountability, so now is not the time to undermine ethical behavior, or reduce protections and incentives for whistleblowers, says Adam Pollock at Pollock Cohen.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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High Court 'Violent Crimes' Case Tangled Up In Hypotheticals
In Delligatti v. U.S., the U.S. Supreme Court will hear arguments next week on whether attempted murder constitutes a crime of violence, and because the court’s interpretive approach thus far has relied on hairsplitting legal hypotheticals with absurd results, Congress should repeal the underlying statute, say attorneys at Patterson Belknap.
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Dissecting New Circuit Split Over SEC's Proxy Adviser Rule
The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.