Public Policy

  • January 03, 2025

    FDIC 'Pause' Letters Focused On Banks' Crypto Activity

    The Federal Deposit Insurance Corporation directed banks to pause the development of certain crypto products and services in 2022 but stopped short of scrutinizing banks' decisions to provide traditional services to crypto-focused customers, according to documents released by the regulator on Friday.

  • January 03, 2025

    States Debate High Court Solution To Election Map Catch-22

    Louisiana has implored the U.S. Supreme Court to decisively resolve litigation over its federal election map in one of three ways, suggesting the justices could toss the case on standing, decide the merits, or, preferably, find that federal courts have no role in refereeing redistricting disputes.

  • January 03, 2025

    Student Loan Servicer Gets CFPB Deal Paused Amid Appeal

    Student-loan servicer Pennsylvania Higher Education Assistance Agency can pause its work on fulfilling a settlement with the Consumer Financial Protection Bureau while an appeal to the Third Circuit of an "intertwined" settlement with the loan holders plays out, a federal judge ruled Friday.

  • January 03, 2025

    NY Org. Settles, Churchill Downs Still In Horse Racing Fee Suit

    The New York Racing Association has settled its portion of a federal suit accusing the Horseracing Integrity and Safety Authority of imposing illegal and unconstitutional fees on racetrack operators, while Churchill Downs remains in the court fight against the federally sanctioned private organization.

  • January 03, 2025

    Calif. Tribes Sue Casino Card Rooms Under New Law

    Seven California tribes are taking advantage of a new state law that prohibits games in card rooms to sue a slew of private casinos, accusing them of brazenly profiting from illegal gambling.

  • January 03, 2025

    FTC Dems Eye Merger Review, Noncompete Legacy

    Federal Trade Commission Democrats started the new year with legacy on the brain, urging the soon-to-be Republican majority in a pair of statements to preserve their more "stringent approach" to merger review and their currently blocked ban on employment noncompete agreements, despite heavy criticism both received from their GOP peers.

  • January 03, 2025

    Pa. Court Says State Can Bar Compromised Voting Machines

    Pennsylvania's top election official had the power to rescind Fulton County's permission to use its Dominion electronic voting machines, after county officials allowed third parties to inspect them following the 2020 election, a state appellate court has ruled.

  • January 03, 2025

    Honeygrow Accused Of Taxing Bottled Water At Pa. Location

    Philadelphia-based restaurant chain Honeygrow unjustly profited from charging 6% sales tax for bottled water at one of its locations in violation of Pennsylvania law, a new class action lawsuit filed in state court alleged.

  • January 03, 2025

    4th Circ. Won't Revive Bias Suit Over SBA Small Biz Program

    A disabled veteran's constitutional challenge to a Small Business Administration contracting program over racial bias concerns must fail because the veteran didn't actually qualify for the program, the Fourth Circuit ruled Friday.

  • January 03, 2025

    Wash. City Fights Order To Keep ER Tribal Shelter Open

    The city of Toppenish, Washington, is asking a federal district court to withdraw an order allowing the Confederated Tribes and Bands of the Yakama Nation to operate a 24-hour emergency shelter, arguing that the criminal nature of regulations governing the facility preclude the tribe's arguments on the present situation.

  • January 03, 2025

    Biden Signs Bill To Stop Convicted Lawmakers' Pensions

    President Joe Biden has signed a law that would close a "loophole" to prevent former members of Congress convicted of certain crimes from receiving pensions during their appeals process.

  • January 03, 2025

    GOP Defends FEC Discretion To Ax Campaign Finance Cases

    The GOP is backing the Federal Election Commission's bid to preserve a line of D.C. Circuit cases barring judges from second-guessing the commission's refusal to take enforcement actions, urging the en banc appeals court to safeguard "the careful, conscious congressional plan for the agency."

  • January 03, 2025

    FCC Republicans Slam Marketplace Report As Falling Short

    Republicans who are set to take control of the Federal Communications Commission blasted an agency report on the state of the communications marketplace, saying it fails to take into account the convergence of various broadband technologies.

  • January 03, 2025

    Split NC Panel Says Video Sweepstakes Games Are Unlawful

    A split North Carolina appellate panel has ruled that a company's video sweepstakes kiosks violate state prohibitions on luck-based gambling and that a lower court should have allowed regulators to take the machines out of service.

  • January 03, 2025

    Calif. Captive Audience Meeting Ban Hit With Legal Challenge

    Two California business groups have filed a lawsuit challenging the state's new ban on so-called captive audience meetings, saying the statute is preempted by federal law and interferes with companies' constitutional rights to express their views on unionization.

  • January 03, 2025

    Treasury Unveils Flexible Final Regs For Hydrogen Tax Credit

    The U.S. Treasury Department released final rules Friday for hydrogen production tax credits that allow fuel produced using nuclear-generated electricity or methane to qualify for the incentive, making the regulations more flexible than what was proposed last year.

  • January 03, 2025

    NY Judge To Sentence Trump Jan. 10 But Says Prison Unlikely

    A New York state judge said Friday he will sentence Donald Trump on Jan. 10 after rejecting his motion to dismiss his hush money conviction in light of his status as president-elect, but suggested a prison term is highly unlikely.

  • January 03, 2025

    FCC Hits Broadband Co. With $56K Fine For Default

    The Federal Communications Commission has ordered an Illinois broadband provider to shell out more than $56,000 for allegedly defaulting on obligations under a federal program to expand high-speed internet service in unserved regions.

  • January 03, 2025

    Conn. Politician's Jail Dates Loom In Ballot Fraud Case

    A Connecticut ex-politician will be allowed to self-surrender for three upcoming weekends behind bars in Rhode Island after he admitted to running a ballot fraud scheme, a federal judge has ruled ahead of the first report-to-jail date, Jan. 10.

  • January 03, 2025

    Ore., Calif. Tribes Can't Stop Casino Project

    A D.C. federal district court judge denied a bid by three tribes to block the U.S. Department of the Interior from issuing a determination that would greenlight a casino project in Oregon, saying the environmental impact statement for the endeavor does not constitute a final agency action.

  • January 03, 2025

    FCC Says Cash On Way Soon For 'Rip And Replace'

    The Federal Communications Commission says the additional $3.08 billion for its "rip and replace" program to get Chinese telecommunications equipment out of the nation's networks is on its way and will soon close a wide gap between what was originally allocated for the program and what telecoms say they need.

  • January 03, 2025

    Menendez Cites 'Good Deeds' In Bid To Avoid Prison

    Former U.S. Sen. Bob Menendez has asked a Manhattan federal judge not to sentence him to prison after he was convicted of bribery and corruption in July, saying a "lifetime of good deeds and good character" and a low likelihood of future offenses merit leniency.

  • January 03, 2025

    Biden Honors Del. Jurist For Role In Brown V. Board Ruling

    President Joe Biden issued a top civilian award, posthumously, to former Chancellor Collins J. Seitz of Delaware Chancery Court, father of the state's current chief justice, for his role in decisions woven into the U.S. Supreme Court's landmark 1954 Brown v. Board of Education ruling.

  • January 03, 2025

    Calif. Panel Says PAGA Suits Always Have Individual Claims

    A delivery worker's individual claims against Target's shipping partner under California's Private Attorneys General Act belong in arbitration, a state appellate panel said, disagreeing with a trial court's decision that her suit only had representative claims.

  • January 02, 2025

    FTC Asks 5th Circ. To Revive Noncompete Ban

    The Federal Trade Commission told the Fifth Circuit on Thursday the agency is authorized to make rules like the one that would ban enforcement of most employee noncompetes, arguing that a Texas district court took a "cramped view" of the agency's authority to promulgate rules that define unfair competition methods.

Expert Analysis

  • Opinion

    How Trump Admin Should Address Indian Country Priorities

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    The incoming Trump administration should consider four high-level policy recommendations if it wants to succeed at improving the quality of life for Native Americans throughout the U.S., says Mike Andrews at McGuireWoods.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Preparing For More Limber Federal Supply Chain Oversight

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    Ahead of the Federal Acquisition Security Council Improvement Act, which would speed up federal acquisition security risk investigations and federal procurement bans, companies should take steps to identify indirect involvement with foreign adversaries in their supply chains and prepare to respond quickly to a FASC recommendation, say attorneys at Morgan Lewis.

  • A Look At SEC, CFTC's Record Year For Whistleblower Awards

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    Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.

  • Green Projects Face States' Foreign Land Ownership Limits

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    As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024

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    In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.

  • California's New AV Law May Steer Policy Nationwide

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    California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.

  • Alpine Ruling Previews Challenges To FINRA Authority

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    While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Marketing Messages Matter In State AG Consumer Protection

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    Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.

  • Tips For Employers Facing Looming Immigration Changes

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    As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • The Current State Of Play Around Corporate Transparency Act

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    Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.

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