Public Policy

  • November 22, 2024

    Hunting Groups Sue Colo. Wildlife Regulators Over Editorial

    Pro-hunting groups have said Colorado Parks and Wildlife commissioners violated the state's Open Meetings Law when they jointly authored a newspaper editorial promoting a measure to ban mountain lion, lynx and bobcat hunting, which voters rejected in November.

  • November 22, 2024

    Capital One 'Abuses' Cast Pall Over Discover Deal, Dems Say

    As the Biden administration winds down with Capital One's bid to buy Discover Financial still pending, progressive Democrats led by Sen. Elizabeth Warren and Rep. Alexandria Ocasio-Cortez are putting renewed pressure on federal bank regulators reviewing the deal.

  • November 22, 2024

    AG Doesn't Rep NJ Housing Group's Interests, Court Told 

    A nonprofit housing advocacy organization argued in New Jersey state court Friday that it should be allowed to intervene in a constitutional challenge to the state's new affordable housing obligations framework, contending that it represents parties that are not adequately represented by Attorney General Matt Platkin. 

  • November 22, 2024

    Feds Slam Utah High Court Case Over Fed. Land Ownership

    The federal government called on the Supreme Court to reject Utah's attempt to file a complaint accusing it of unconstitutionally hoarding and profiting from public lands in the state, saying the justices should decline to exercise original jurisdiction over the matter.

  • November 22, 2024

    Defamation Suit Against Ga. Election Chief Tossed

    A Georgia federal judge on Friday tossed a defamation suit in which a Texas attorney sued Georgia Secretary of State Brad Raffensperger on allegations he suggested she presented "doctored" evidence to state senators in the aftermath of the 2020 election, finding the statements were "substantially true or are hyperbole."

  • November 22, 2024

    Port Operators Can't Join Suit Over Delaware River Project

    A Pennsylvania federal judge has ruled two terminal companies waited too long to join in on a case that resulted in the revocation of the approval for a new port project on the Delaware River, reasoning that the companies' claim of having a stake in the outcome of the case was untimely.

  • November 22, 2024

    Dems Introduce Foreign Work Disclosure Bill For WH Picks

    Two Democratic lawmakers introduced a bill that would require presidential nominees to disclose any past work they've done for foreign governments, citing concerns that past nominees had potential conflicts of interest.

  • November 22, 2024

    Washington Tribe Says City Can't Block Emergency Shelter

    A Washington tribe is asking a federal district court judge to block the city of Toppenish from preventing it from opening a 24-hour emergency cold weather shelter, arguing that the attempt violates its inherent sovereign authority and treaty-reserved rights to govern its lands and people.

  • November 22, 2024

    Senior Dem Asks Schumer For Votes On Circuit Court Picks

    Sen. Mazie Hirono, D-Hawaii, a senior member of the Senate Judiciary Committee, on Friday pushed back against a deal Democrats and Republicans cut earlier this week that obligates Democrats to forgo votes on four appellate picks.

  • November 22, 2024

    Crypto Lobby Asks Trump, Congress To Prioritize Rulemaking

    Crypto industry group Blockchain Association sent a letter to President-elect Donald Trump and members of Congress on Friday detailing what the industry feels should be immediate priorities for the next administration, including implementing a regulatory framework for digital assets and installing more crypto-amenable agency heads.

  • November 22, 2024

    Mich. Justices Want To Know If 3M Water Challenge Is Moot

    The Michigan Supreme Court ordered additional briefing Friday in 3M Co.'s challenge to regulations on PFAS in drinking water to address whether subsequent regulatory changes made 3M's lawsuit moot, echoing a focal point of last week's oral arguments in the case. 

  • November 22, 2024

    Bondi Vowed Trump Payback. Ex-Colleagues Aren't Worried.

    U.S. attorney general nominee Pam Bondi is an outspoken ally of President-elect Donald Trump and vowed during the campaign that his "prosecutors will be prosecuted," but people who've worked with her say she's well qualified to serve as the nation's top cop and downplayed concerns that she would politicize the U.S. Department of Justice.

  • November 22, 2024

    FCC Passes New Rules For Smart Car Tech

    The Federal Communications Commission has adopted new rules governing cellular-vehicle-to-everthing technology in the 5.9 GHz band, officially carving out 30 megahertz of spectrum previously reserved for dedicated short-range radio communications for in-vehicle and roadside C-V2X units.

  • November 22, 2024

    High Court To Review Legality Of FCC's Subsidy Fees

    The U.S. Supreme Court agreed Friday to review whether fees collected to support the Federal Communications Commission's array of telecom subsidy programs for low-income consumers, schools and rural healthcare run afoul of constitutional limits on taxing authority.

  • November 22, 2024

    Fed Bans Ex-CEO Of Bank Felled By Crypto Scam

    The former CEO of Kansas' now-shuttered Heartland Tri-State Bank has been banned by the federal government from being a part of the banking industry after stealing $47.1 million from the bank to give to cryptocurrency scammers, leading his bank to fail.

  • November 22, 2024

    Off The Bench: NBA Ices Media Flap, Paul-Tyson Netflix Suit

    In this week's Off The Bench, the NBA settles a high-profile suit regarding its new media rights deal, and Netflix's buggy presentation of the Mike Tyson-Jake Paul fight draws a proposed class action.

  • November 22, 2024

    IRS Working To Incorporate Feedback On Donor Fund Regs

    The Internal Revenue Service continues to work on final rules for the donor-advised fund excise tax and is taking into account public comments on its proposed rules, such as concerns that the definition of donor-advised funds is too broad, an agency official said Friday. 

  • November 22, 2024

    1st Circ. Backs Auction For Bankrupt Farmer's Milk Quota

    The First Circuit has affirmed a Puerto Rico regulator's ability to order the sale of a dairy farmer's milk quota despite his pending bankruptcy, ruling the action wasn't blocked by a stay blocking actions that can affect a bankruptcy estate.

  • November 22, 2024

    Red States Can't Ax DOL Farmworker Rule, Orgs Say

    Three organizations threw their support behind the U.S. Department of Labor's new protections for foreign H-2A farmworkers, telling a Georgia federal court that conservative-led states' efforts to obliterate the entire rule must fail because several unchallenged provisions are key to ensuring workers aren't exploited.

  • November 22, 2024

    Trump Sentencing Halted To Weigh President-Elect's Immunity

    The New York state judge who oversaw Donald Trump's hush money trial officially canceled his Nov. 26 sentencing date Friday to weigh the impact of his new status as president-elect, pushing briefing into December.

  • November 21, 2024

    FDIC's 'Hot Money' Revamp Gets Bank, Fintech Cold Shoulder

    Banking and fintech lobbyists are calling on the Federal Deposit Insurance Corp. to scrap its proposal to overhaul rules on brokered deposits, also known as "hot money," arguing the effort represents a step backward for the industry that would raise costs for everyone.

  • November 21, 2024

    Colo. Judge Mulls Whether Mountain West Subject To Title IX

    A Colorado federal judge on Thursday asked the Mountain West Conference why it should not be subject to Title IX when its board is "literally a collection of state actors," at a hearing to consider a bid by volleyball players to block a transgender athlete from competing in an upcoming women's tournament.

  • November 21, 2024

    9th Circ. Revives Removal Relief Bid Over Due Process Issue

    The Ninth Circuit on Thursday revived a Mexican citizen's bid for deportation relief based on his fear a police officer in Mexico would kill him, saying the Board of Immigration Appeals wrongly concluded an alleged due process violation did not prejudice him.

  • November 21, 2024

    Cherokee Look To Block Voter Group In Casino Mandate Row

    Two Cherokee Nation businesses suing Arkansas over a constitutional amendment revoking one of the tribal entities' casino gambling licenses want a federal judge to deny a bid to intervene in their suit by the group responsible for placing a ballot question before voters that repealed the license.

  • November 21, 2024

    SEC Denied Civil Penalties Over Pot Pill Exec's 'Inexperience'

    The SEC will score $86,000 in disgorgement and interest from a former executive of C3 International Inc. for falsely claiming the company's cannabis pill was projected to generate millions of dollars in revenue, but the court found the defendant's conduct did not warrant the civil penalty the agency requested.

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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