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Public Policy
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July 23, 2025
Judge Bars Man's Deportation Amid Claims ICE Flouted Deal
The owner of a small Massachusetts construction business who is being held in U.S. Immigration and Customs Enforcement custody may not be moved out of the state while a federal judge considers if the government is violating a January settlement by trying to deport him, according to a Wednesday court order.
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July 23, 2025
Split Conn. High Court OKs Eyewitness ID In Armed Robbery
Connecticut's Supreme Court has narrowly ruled that in the case of a masked armed robbery at a Smashburger, though a victim may have been scared, high, not wearing glasses and directed toward a suspect, her identification of the perpetrator was reliable.
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July 23, 2025
PTAB Ends Remote Hearings Beginning Sept. 1
The U.S. Patent and Trademark Office is mandating that all Patent Trial and Appeal Board proceedings take place in person, starting Sept. 1.
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July 23, 2025
NLRB Precedent Shifts Still Far Away Despite Nominees
The freeze that has gripped the National Labor Relations Board during the first six months of the year showed signs of thawing last week as nominees took key steps forward, but experts said there are still major hurdles they must clear before the board can return to normal function.
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July 23, 2025
Democratic Lawmaker Reintroduces Cannabis Shipping Bill
A Democratic member of Congress has reintroduced a federal bill that would allow small cannabis farms to mail their products directly to customers in other states with legalized cannabis if and when federal marijuana prohibition ends.
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July 23, 2025
Sen. Collins Opposes Bove For 3rd Circ. Over Bias Concerns
Sen. Susan Collins, R-Maine, will oppose the confirmation of Emil Bove to the Third Circuit, and Sen. Lisa Murkowski, R-Alaska, has also indicated her likely opposition.
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July 23, 2025
Ex-Real Estate Finance Pro Tapped For OCC Chief Of Staff
President Donald Trump's top national bank regulator has hired a new chief of staff, bringing on a former federal housing finance official from the private sector to help steer policy coordination and internal operations at the Office of the Comptroller of the Currency, the agency said Wednesday.
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July 23, 2025
NJ Comptroller Flags $34M Hole, Targets Lifeguard Pensions
The New Jersey Office of the State Comptroller recommended Wednesday that the state legislature scrap a law mandating a handful of shore towns provide pensions to lifeguards after it found some municipalities underfunded the plans and face deficits of more than $34 million.
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July 23, 2025
High Court Lets Trump Fire CPSC Members, For Now
The U.S. Supreme Court ruled Wednesday that President Donald Trump could fire three members of the U.S. Consumer Product Safety Commission, even though a Maryland federal judge found that the president lacked authority to remove them without cause.
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July 23, 2025
Takeaways From The US Attorney Role Tumult In New Jersey
The U.S. Attorney's Office in New Jersey was thrown into turmoil Tuesday with a leadership dispute that remained open Wednesday, teeing up a battle between the White House and the Garden State's senators on Capitol Hill.
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July 23, 2025
2nd Circ. Orders Review Of Sealed Epstein Case Docs
The Second Circuit on Wednesday vacated rulings denying requests to unseal materials in a defamation case tied to deceased financier and accused sex trafficker Jeffrey Epstein, ordering a New York district court to review certain filings after determining they're considered judicial documents and presumed to be public.
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July 23, 2025
AGs Ask NCAA To Revoke Transgender Athletes' Awards
Attorneys general from 27 states and Guam sent a letter to the NCAA urging it to rescind recent records and titles that were "wrongly" awarded to transgender female college athletes and instead give them to their cisgender competitors.
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July 23, 2025
Apple Tells 9th Circ. Birthright Ruling Scraps Epic's Injunction
Apple Inc. told the Ninth Circuit on Tuesday that the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order means that a nationwide injunction and civil contempt order in Epic Games Inc.'s antitrust case over Apple's App Store policies cannot stand.
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July 23, 2025
Feds Fight Bid To Block Domestic Violence Grant Restrictions
The U.S. Department of Justice is fighting a bid by a group of domestic violence coalitions to block restrictions imposed on grants from its Office on Violence Against Women, arguing that a Rhode Island federal court lacks jurisdiction over the group's claims and that the Tucker Act instead gives jurisdiction to the U.S. Court of Federal Claims.
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July 23, 2025
NJ Justices Back AG Takeover Of Paterson Police Dept.
New Jersey Attorney General Matthew J. Platkin acted within his authority when he took control of the troubled police department of the state's third-largest city in 2023, the state Supreme Court unanimously ruled Wednesday.
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July 23, 2025
Trump Publishes AI 'Action Plan' With 90 Policy Proposals
In an effort to secure America's leadership in artificial intelligence, the Trump administration released a blueprint Wednesday outlining ideas to accelerate innovation, modernize infrastructure and foster international collaboration while safeguarding national security.
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July 23, 2025
Paramount, Skydance Defend Merger Plan At FCC
Paramount Global and Skydance Media continued to lobby the Federal Communications Commission for approval of their proposed $8 billion merger last week, telling the agency not to side with commenters calling for additional regulation as a condition.
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July 23, 2025
8th Circ. Wipes Out Pot-Smoking Gun Owner's Conviction
The Eighth Circuit has vacated a man's conviction for possessing a firearm as an unlawful drug user, saying the trial court failed to determine that his use of cannabis made him dangerous to others or pose a credible threat with the firearm.
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July 23, 2025
Spurning Outsiders, Trump Expands Role In Picking Judges
President Donald Trump is tightly controlling judicial nominations in his second term, eschewing guidance from mainstream groups and instead relying on close advisers and vetting candidates himself.
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July 23, 2025
Senate Confirms Roth To Lead Federal Spectrum Agency
The U.S. Senate on Wednesday confirmed Arielle Roth as the next chief of the U.S. Department of Commerce agency that manages federal use of the airwaves.
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July 23, 2025
Trump Admin To Probe Harvard's Student Visa Program
The State Department said Wednesday it is opening an investigation into Harvard University's eligibility to host international students and professors on visas, the Trump administration's latest salvo in its legal battle with the elite school.
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July 22, 2025
9th Circ. OKs Toss Of U-Visa Holder's Status Adjustment Suit
Federal district courts can't review discretionary denials of nonimmigrant visa holders' bids to adjust to lawful permanent resident status, the Ninth Circuit ruled Tuesday in a published opinion refusing to revive a Mexican woman's lawsuit that challenged her green card denial.
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July 22, 2025
Trump's NCUA Board Member Firings Were Illegal, Judge Says
A D.C. federal judge on Tuesday held that President Donald Trump broke the law when he fired two Democratic credit union regulators, finding that the members must remain on the National Credit Union Administration's board and can only be removed before their terms are up for cause.
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July 22, 2025
Trump Says US Has Reached 'Exciting' Trade Deal With Japan
President Donald Trump on Tuesday said the United States has entered into a "massive" trade deal with Japan under which Japan will "open their country to trade, including cars and trucks, rice and certain other agricultural products" and pay a 15% tariff.
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July 22, 2025
DC Circ. Denies AP's Bid To Rehear White House Press Ban
The D.C. Circuit on Tuesday refused to reconsider a split panel's decision reinstating a White House directive banning the Associated Press from the Oval Office and other restricted spaces, with one circuit judge explaining that the requirements for an en banc review were not met.
Expert Analysis
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FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda
While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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What To Expect As UK, US Gov'ts Develop Stablecoin Policies
While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.
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Lawsuit, Exec Orders Should Boost Small Modular Reactors
A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Congress Crypto Movement Could Bring CFTC 'Clarity' At Last
The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.
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What Employers Can Learn From Axed Mo. Sick Leave Law
Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.
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Preparing For Trump Pushback Against State Climate Laws
An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.
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Practical Implications Of SEC's New Crypto Staking Guidance
The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.
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Stablecoin Bills Present Opportunities, Challenges For Banks
Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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New FCPA Guidance May Flip The Whistleblowing Script
The U.S. Department of Justice’s updated Foreign Corrupt Practices Act guidelines lay out a new incentive structure that may put multinational U.S.-based companies in an unusual offensive whistleblowing position, potentially spurring them to conduct external investigations of their foreign rivals, says Markus Funk at Perkins Coie.
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Opinion
GENIUS Act Could Muck Up Insolvency Proceedings
While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.