Public Policy

  • February 26, 2025

    Web Liability Fix Faces 'Persuasive' Test, FCC Expert Says

    It won't be easy for the Federal Communications Commission to weaken tech platforms' liability shield as some Republicans want to do, but the commission could still make changes that courts find "persuasive," a former FCC lawyer now leading a pro-business group said on a blog Tuesday.

  • February 26, 2025

    Lawmakers Say DOI Energy Order Reviews Lack Transparency

    A pair of Democratic federal lawmakers are demanding transparency from the U.S. Department of the Interior on the status of orders by Secretary Doug Burgum to "unleash American energy," saying the agency's leaders have yet to publicly disclose plans for national monuments and land withdrawn from mining development.

  • February 26, 2025

    MSPB Pauses Firing Of 6 Probationary Fed Employees

    The Merit Systems Protection Board paused the Trump administration's attempt to fire six federal workers on probationary status, saying the U.S. Office of Special Counsel showed it was likely the firings violated civil service laws that require the government to undertake reductions in force based on merit.

  • February 26, 2025

    Police Supply Store, Others Ask 5th Circ. To Keep CTA Paused

    A Texas police supply store joined with Mississippi libertarians and several other parties asking the Fifth Circuit to keep the Corporate Transparency Act on hold, saying ending the stoppage of that law could force 32 million business entities to file beneficial ownership reports.

  • February 26, 2025

    Enviro Group Says Chemours Is Dumping PFAS In Ohio River

    A nonprofit has asked a West Virginia federal court to stop Chemours from releasing a "forever chemical" into public drinking water sources along the Ohio River.

  • February 26, 2025

    Wash. Judge Says Officials Are Immune To Energy Code Suit

    A Seattle federal judge has thrown out a building industry coalition's renewed legal challenge to Washington regulations that discourage natural gas appliances in new construction, ruling the state officials named as defendants are protected because they aren't responsible for enforcing the rules.

  • February 26, 2025

    Pittsburgh Official Fights Bid To Revive Israel Divestment Vote

    A proposed ballot measure in Pittsburgh seeking to ban the city from doing business with Israel in the wake of the recent Gaza hostilities is facing multiple challenges, including one from the city controller who said passing the initiative would significantly disrupt the city's operations.

  • February 26, 2025

    GOP-Led House Panel Pushes Easier Rules On Capital Raising

    A U.S. House of Representatives subcommittee invited input Wednesday on a slew of deregulatory bills that seek to ease rules governing private and public securities offerings, drawing plaudits from the Republican majority and mixed responses from Democrats.

  • February 26, 2025

    38 AGs Push For Crackdown On Organized Retail Crime

    A bipartisan coalition of attorneys general from 38 states and territories is urging Congress to take legislative action against organized retail crime, warning in a new letter that the problem has reached unprecedented levels and is straining state enforcement resources.

  • February 26, 2025

    Ariz. Sen. OKs Extending Property Tax Oversight Commission

    Arizona would extend the life of its Property Tax Oversight Commission by eight years under legislation approved Wednesday by the state Senate.

  • February 26, 2025

    US Chamber Wants Calif. Climate Disclosure Regs Blocked

    The U.S. Chamber of Commerce and other business groups have asked a California federal judge to block the state's corporate climate disclosure rules, arguing companies are already suffering harm due to laws that are "so overinclusive, they flunk any First Amendment test."

  • February 26, 2025

    Trump Says FCC Right To Probe '60 Minutes' Interview Editing

    President Donald Trump on Wednesday repeated his claim that CBS doctored a "60 Minutes" interview with Kamala Harris last year, likely costing him votes in the November election, and said the Federal Communications Commission is looking "very strongly" into the matter.

  • February 26, 2025

    Banks' Fight Over CFPB Open Banking Rule Put On Pause

    A Kentucky federal judge agreed Tuesday to pause a banking industry challenge to the Consumer Financial Protection Bureau's open banking rule, giving the agency's new leadership time to review what it wants to do with the Biden-era measure.

  • February 26, 2025

    Top Dem Urges Trump To Leave Independent Agencies Alone

    The top Democrat on the House Administration Committee urged President Donald Trump on Wednesday to rescind his executive order seeking to assert more control over independent agencies, which the congressman says is an "unprecedented violation" of law.

  • February 26, 2025

    Committee Advances Conn. Appeals Judge's Nom To Top Court

    The Connecticut legislature's joint judiciary committee on Wednesday advanced the nomination of Appellate Court Chief Judge William H. Bright Jr. to the state's Supreme Court and send the names of a dozen other hopefuls — including attorneys from Lewis Brisbois Bisgaard & Smith LLP, Morgan Lewis & Bockius LLP and Shipman & Goodwin LLP — to the full legislature for consideration.

  • February 26, 2025

    DOJ Says RealPage Can't Ditch Antitrust Claims

    The U.S. Department of Justice and a group of states are urging a North Carolina federal judge to reject a move by RealPage Inc. and a group of landlords to escape claims that use of the company's software paves the way for collusion on setting rental prices.

  • February 26, 2025

    Michigan Counties Say Firm's Client Solicitations Merit DQ

    Michigan counties sought to disqualify plaintiff firm Visser & Associates PLLC Tuesday, telling a federal judge that the lawyers went back on their word by soliciting potential class members in a suit claiming the government entities improperly kept a surplus of foreclosed home sales.

  • February 26, 2025

    Solicitor General Pick Says Trump Won't Skirt Court Orders

    President Donald Trump's pick for U.S. Solicitor General told senators Wednesday that he saw no "plausible scenario" in which the president would defy a court order despite contrary suggestions from members of his administration, frustrating Democrats during a committee hearing on three U.S. Department of Justice nominees.

  • February 26, 2025

    Justices Open To Nixing Higher Hurdle For Heterosexual Bias

    The U.S. Supreme Court hinted Wednesday that it will find heterosexual bias claims should not be held to a stricter burden of proof when it decides if an Ohio agent discriminated against a worker because she's straight, with Justice Samuel Alito noting "radical agreement" among the parties that the Sixth Circuit held her to a higher standard than other Title VII plaintiffs.

  • February 26, 2025

    In-Office Lobbying Ban Is Legal, Fla. Tells 11th Circ.

    The Florida Commission on Ethics defended a voter-approved state ban on lobbying by public officials to the Eleventh Circuit on Wednesday, arguing that the ban carefully balances protecting elected officials' speech with the government's interest in preventing corruption.

  • February 26, 2025

    Trump Proposes 'Gold Card' To Replace EB-5 Investor Visa

    President Donald Trump said a "gold card" visa with an investment threshold of $5 million could replace the long-standing EB-5 investor program.

  • February 26, 2025

    CVS Ordered To Comply With FTC's PBM Subpoena

    A D.C. federal judge is ordering CVS to turn over new materials in the Federal Trade Commission's investigation into its pharmacy benefit manager Caremark Rx, saying that just because producing updated documents would cost the company more doesn't mean it faces an "undue burden."

  • February 26, 2025

    DA Willis Loses 'Absurd' Bid To Nix Trump Probe Subpoenas

    A Georgia state judge has denied Fulton County District Attorney Fani T. Willis' bid to quash multiple subpoenas against her from a state Senate committee investigation into her prosecution of President Donald Trump in an election interference case, finding that her argument would set "an absurd" precedent.

  • February 26, 2025

    DC Judge Extends Order Keeping Special Counsel In Place

    A D.C. federal judge on Wednesday ordered the Trump administration to keep the fired head of the U.S. Office of Special Counsel in the post for another three days while the court deliberates the merits of the federal employment watchdog's claims that President Donald Trump lacks the authority to remove him from office without cause.

  • February 26, 2025

    Wilcox Says Current Law Mandates Reinstating Her To NLRB

    If President Donald Trump wants to declare that he can remove federal agency officials for any reason, he'll need to take that up with the U.S. Supreme Court, former National Labor Relations Board member Gwynne Wilcox said, saying present-day law grants certain agency officials job protections.

Expert Analysis

  • Expect A Big Shake Up At The EEOC Under 2nd Trump Admin

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    During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q4

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    While the last quarter of 2024 didn't bring any notable state financial legislation, Illinois banks did see developments in the challenge to the Interchange Fee Prohibition Act, and received some awaited guidance on credit line disclosures and bank-fintech relationships, say attorneys at Dykema.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • How Trump 2.0 May Change Business In Latin America

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    Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Opinion

    Section 230 Debates Will Continue, With Or Without TikTok

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    Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.

  • Impact Of Successful Challenges To SEC's Rulemaking Ability

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    In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.

  • Takeaways From DOJ, FTC End To Collaboration Guidelines

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    The Federal Trade Commission's and U.S. Department of Justice's recent decision to withdraw the guidelines for collaborations among competitors may reflect a desire for clearer parameters by emphasizing case law on specific ventures, but it also carries the potential to chill some future collaboration, say attorneys at Patterson Belknap.

  • 5 Transition Tools Trump Could Use To Implement His Agenda

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    President-elect Donald Trump will have several tools available to him to halt or otherwise claw back federal regulations promulgated during the Biden administration, including reconciliation, executive orders and memoranda, say attorneys at Gibson Dunn.

  • 5 Privacy Law Trends That Will Continue In 2025

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    While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.

  • Justices Seem Focused On NEPA's Limits In Utah Rail Case

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    After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.

  • A Look At PCAOB's Record-Breaking Enforcement In 2024

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    The Public Company Accounting Oversight Board in 2024 brought more enforcement actions against auditors and imposed increasingly higher monetary penalties, showing that it was not afraid to exercise its power to fine and reprimand firms, a trend that will likely continue in 2025, say attorneys at Briglia Hundley.

  • Complying With Seasonal Product Labeling Requirements

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    Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.

  • The OIG Report: Preparing For Oversight In 2025

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    Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.

  • What To Expect In Higher Ed Enforcement Under Trump

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    Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.

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