Public Policy

February 11, 2025
Split 6th Circ. Backs Ex-Cincinnati Politician's Conviction

A split Sixth Circuit ruled Tuesday that, although a close case, there was enough evidence to convict a former Cincinnati council member of bribery and attempted extortion in connection with a sports betting development project spearheaded by a former Cincinnati Bengals player.
February 11, 2025
FCC's Subsidy Fund Like 'Bureaucrat's Dream,' Justices Told

A free-market litigation group urged the U.S. Supreme Court on Tuesday to overturn the Federal Communications Commission's fee system to support telecom subsidies, comparing the regime to an out-of-control IRS with unbridled taxing powers.
February 11, 2025
GOP Reps. Reintroduce Litigation Funding Disclosures Bill

Three House Republicans have reintroduced legislation that would require the disclosure of parties collecting payments in civil lawsuits, saying that transparency on so-called "third-party litigation funding" was crucial, especially in patent litigation.
February 11, 2025
Kids Can't Save Reworked EPA Climate Suit, Judge Rules

A California federal judge on Tuesday threw out, for good, children's amended allegations that the U.S. Environmental Protection Agency's climate policies violate their constitutional rights, ruling that they haven't shown that the alleged harms they've suffered in the midst of climate change can be traced to the policies.
February 11, 2025
Billionaire Ira Rennert Says Justices Must Resolve Peru Fight

A mining company controlled by billionaire Ira Rennert has repeated its bid for the U.S. Supreme Court to resolve whether the Eighth Circuit mistakenly denied dismissal of claims by more than 1,000 Peruvians over alleged pollution, saying the circuit court's opinion "distorted" international comity.
February 11, 2025
Red States Tell 8th Circ. DACA Health Coverage Harms Them

A coalition of 19 Republican-led states has told the Eighth Circuit they can challenge a federal rule expanding Affordable Care Act benefits to Dreamers, citing more than $624,000 in increased costs Idaho, Kentucky and Virginia will incur as a result.
February 11, 2025
Justices Ponder If Colo. Climate Case Would Open Floodgates

Colorado justices on Tuesday asked a city and county seeking damages against ExxonMobil and Suncor over the local impacts of climate change why such suits don't amount to an attempt to regulate the oil and gas industry, with one justice saying he has "practical concerns" about more municipalities bringing novel climate tort claims.
February 11, 2025
Crypto Bills A 'Test Case' For AI Regs, GOP Senator Says

A Republican U.S. senator who is leading the push for crypto industry regulation said Tuesday that Congress' actions in the digital asset space could determine whether there is a path forward for writing regulations governing the artificial intelligence industry.
February 11, 2025
Couple's Chickens Are Pets, Not Poultry, NC Justices Told

A North Carolina couple urged the state's highest court to back a state appeals court's ruling finding their 60-plus chickens are household pets, arguing that a jury was improperly instructed that chickens can't be pets under their neighborhood's restrictive covenant.
February 11, 2025
5th Circ. Affirms Dismissal Of Jones Act Competition Suit

A Fifth Circuit panel rejected a Houston company's challenge of a U.S. Customs and Border Protection determination regarding the extent to which domestic vessels compliant with the Jones Act must be tapped to haul rock used to protect the foundations of offshore wind facilities.
February 11, 2025
Fla. Senate Committee Advances Resilient Building Tax Credit

A Florida Senate committee unanimously voted on Tuesday to advance bills to create a resilient building tax credit program, develop guidelines for green and gray infrastructure to address rising sea levels and require public hearings for state park land management plans.
February 11, 2025
PFAS Litigation Finds A New Frontier: Consumer Products

Smartwatch wristbands, adhesive bandages, tampons and juice containers — what do they all have in common? In a growing trend, plaintiffs attorneys allege the products contain toxic forever chemicals and that manufacturers misled consumers about it.
February 11, 2025
NY State Bill Creates New Route To Rent Stabilization

Democratic New York State lawmakers introduced legislation on Tuesday that would create an additional mechanism for municipalities outside of New York City to opt in to rent stabilization, an alternative to the current standard that opponents have seized on in litigation.
February 11, 2025
Mich. Senate Says House Taking Bills 'Hostage,' Ignoring Law

Michigan House Republicans are engaged in a "brazen attempt to place themselves above the law" in refusing to present nine bills to the governor for signature, the Democrat-led Senate said Tuesday in the latest salvo in an intra-Legislature legal battle.
February 11, 2025
Monsanto PCB Appeal Seems To Divide Wash. High Court

Thorny choice-of-law issues seemingly divided the Washington State Supreme Court during oral arguments Tuesday, with one justice suggesting that the teachers who brought suit are relying on "forum-shopping" to reinstate a $185 million win against Monsanto, and another saying the company's stance violates state law intended to hold corporations accountable for harming citizens.
February 11, 2025
Ark. Homeowners Want Short-Term Rental Law Suit To Continue

Two Fayetteville, Arkansas, homeowners fought the city's summary judgment bid against their suit over its short-term rental ordinance, arguing in Arkansas federal court on Tuesday that the city law is unconstitutional.
February 11, 2025
Colo. Justices Mull Statute's Silence In Med Mal Cap Debate

The Colorado Supreme Court on Tuesday pressed a doctor on why it should cap a patient's prefiling interest in a medical malpractice case when lawmakers didn't clearly state whether an exception to a damages cap applies.
February 11, 2025
EV Charging Supply Chain In Limbo Amid Funding Freeze

The Trump administration's suspension of a $5 billion program funding electric vehicle charging stations nationwide infuses uncertainty into the future of the U.S. electric-vehicle supply chain, triggering costly project delays and fresh litigation, experts told Law360.
February 11, 2025
Former DOI Secretary Eyes New Mexico Governor's Seat

Former U.S. Department of Interior Secretary Deb Haaland on Tuesday launched her campaign for governor of New Mexico, an endeavor that, if successful, would make her the first Native American woman to take on such a role.
February 11, 2025
FTC Says Small Stores Pay Southern Glazer's Up To 67% More

The Federal Trade Commission's price discrimination case against Southern Glazer's accuses the wine and spirits distributor of routinely charging small retailers up to 67% more for the same products as large chain stores, according to newly unsealed redactions.
February 11, 2025
Trump's Tariffs, GOP Tax Goals Pose Political Puzzle

President Donald Trump's use of wholesale tariffs may generate trillions of dollars across a 10-year budget window, but the economic uncertainty associated with the U.S.'s aggressive trade posture could politically harm Republicans' must-have efforts to shepherd a tax bill into law this year, experts say.
February 11, 2025
DOD Bars New Transgender Troops Amid Court Challenge

The U.S. military will stop enlisting transgender recruits and halt gender-affirming medical care for current service members, according to a U.S. Department of Defense memo filed in D.C. federal court litigation challenging the Trump administration's ban on transgender troops.
February 11, 2025
DC Judge Speeds Up Schedule For NLRB Member Firing Suit

A D.C. federal judge set a briefing schedule and a potential hearing as part of former National Labor Relations Board member Gwynne Wilcox's challenge to her firing by President Donald Trump, in which Wilcox is seeking expedited summary judgment as the NLRB lacks a quorum to decide cases.
February 11, 2025
Colo. Theater Says State Wrongfully Denied Tax Credit

A Colorado theater has filed claims against the state's Office of Economic Development and International Trade, alleging it wrongfully denied its application for a tax credit for rehabilitating the historic theater, according to a suit filed in state court Monday.
February 11, 2025
SEC Stays Binance Case Amid Other Crypto Case Extensions

The U.S. Securities and Exchange Commission and crypto exchange Binance have asked a Washington federal judge overseeing their enforcement suit to pause the case for two months as the agency pivots its approach to digital assets, adding to the list of extensions in the agency's cryptocurrency cases.

Expert Analysis

Rethinking Litigation Risk And What It Really Means To Win

Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
Nixing NRC Oversight Of Small Reactors Could Cut Both Ways

A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
Anticipating How GAO Pleading Standards May Shift

The 2025 National Defense Authorization Act's mandate to create an enhanced pleading standard at the U.S. Government Accountability Office may change the calculus for where to file when challenging a U.S. Department of Defense procurement, say attorneys at Rogers Joseph.
Issues To Watch In 2025's ERISA Litigation Landscape

Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
Roundup

Banking Brief: State Law Recaps From Each Quarter Of 2024

In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
How DOGE's Bite Can Live Up To Its Bark

All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
2024 Was A Significant Year For HIPAA Compliance

The Office of Civil Rights' high level of Health Insurance Portability and Accountability Act activity in 2024 and press releases about its specific focus on certain cybersecurity issues make it abundantly clear that the OCR is not going to tolerate widespread compliance complacency, says Nathan Kottkamp at Williams Mullen.
Examining DOJ Corporate Whistleblower Pilot's First 100 Days

Though the U.S. Department of Justice’s corporate whistleblower awards pilot program has successfully elicited numerous tips since its August launch, stakeholder feedback leaves questions about how the scheme compares to other whistleblower awards and protections — and how it will fare in the incoming Trump administration, say attorneys at Joseph Greenwald.
Proactively Managing Tariff Impacts On Megaprojects

President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects — so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.
New York Climate Superfund Law May Face Preemption Fight

New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.
Forecasting The Future Of The FTC Post-Inauguration

The incoming Federal Trade Commission leadership's agenda, which is expected to be in sharp contrast with the Biden administration's enforcement posture, will be noticeable right away in the first few weeks of the Trump administration, say attorneys at Cooley.
5 Notable Information Security Events In 2024

B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
Opinion

Trump Should Pass On Project 2025's Disparate Impact Plan

The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.
Opinion

Laken Riley Act Will Not Advance Immigration Reform

By granting states legal standing to sue the U.S. Department of Homeland Security for immigration violations, the Laken Riley Act enables states to block all kinds of federal actions they don't like but provides little reason for them to be invested in positive change, says Jacob Hamburger at Cornell University Law School.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.