Public Policy

  • January 20, 2025

    Trump Taps EEOC's Sole Republican As Acting Chair

    President Donald Trump selected the U.S. Equal Employment Opportunity Commission's sole Republican appointee to lead the agency for now, but the new acting head will contend with a Democratic majority slated to keep hold of the five-seat agency through 2026.

  • January 20, 2025

    Trump Announces 2nd Exit From Paris Climate Agreement

    President Donald Trump announced upon being sworn in Monday that for a second time, he will pull the United States out of the Paris climate accord.

  • January 17, 2025

    Split 6th Circ. OKs FERC's Revocation Of Ohio Utility Grid Perk

    A split Sixth Circuit panel Friday backed the Federal Energy Regulatory Commission's decision to revoke an incentive for power companies that are required to be members of a regional transmission organization, ruling that federal law requires that utilities voluntarily participate in an RTO to receive the incentive.

  • January 17, 2025

    Red States Challenge DOE Rule On Gas Heater Efficiency

    Several red states and industry groups are challenging the Biden administration in its waning days over a final rule the U.S. Department of Energy has issued on making certain natural gas water heaters more energy efficient, asking the Eleventh Circuit to toss the rule in a petition for review filed Friday.

  • January 17, 2025

    FDIC Missed Some Crypto 'Pause' Letters, Coinbase Ally Says

    The research consultancy suing the Federal Deposit Insurance Corp. on behalf of Coinbase for documents on the regulator's internal views on crypto said Friday that it intends to update its complaint with new allegations that the FDIC did not conduct a thorough search and may be engaging in unlawful practices, based on purported whistleblower reports.

  • January 17, 2025

    DOJ Says Ga. County's Districts Disenfranchised Black Voters

    Federal prosecutors have hit middle Georgia's Houston County with a voting rights lawsuit alleging that the county's "history of official discrimination" has continued to the present day by gerrymandering Black citizens out of representation in their local government.

  • January 17, 2025

    9th Circ. Revisits Board Members' Blocks On Social Media

    An attorney for two California school board members on Friday urged the Ninth Circuit to reverse a lower court's ruling that his clients violated the First Amendment by blocking two constituents from their Facebook page, saying that new rules outlined by the U.S. Supreme Court when it remanded the case call for it.

  • January 17, 2025

    5th Circ. Finds DACA Unlawful, Limits Ruling To Texas

    The Fifth Circuit on Friday affirmed a Texas federal court's finding that the Deferred Action for Childhood Arrivals program is unlawful but limited its ruling to Texas, saying the state was the only one to show it was injured due to DACA.

  • January 17, 2025

    CFPB Inks $1.5M Redlining Deal As Biden Era Ends

    The Consumer Financial Protection Bureau is poised to collect a $1.5 million fine from an Illinois mortgage company as part of a settlement unveiled late Friday over claims it engaged in redlining, a form of residential lending discrimination.

  • January 17, 2025

    NHTSA Defends Fuel-Economy Regulations In 6th Circ.

    The U.S. Department of Transportation told the Sixth Circuit on Friday that its new fuel-economy standards are technologically feasible and properly account for a variety of alternative-fuel vehicles, rejecting claims from Republican-led states and fuel industry groups that the stringent standards amount to an unlawful electric vehicles mandate.

  • January 17, 2025

    DC Circ. Unsure On Restoring CFTC's Election Betting Ban

    The D.C. Circuit seemed hesitant Friday to reimpose a ban that the U.S. Commodity Futures Trading Commission had placed on gambling over the fate of U.S. elections, as the judges spent over an hour trying to parse what Congress meant when it said that gaming on derivatives platforms was prohibited.

  • January 17, 2025

    Biden Says Equal Rights Amendment Is 'The Law Of The Land'

    President Joe Biden said Friday that he believes the Equal Rights Amendment has effectively become part of the U.S. Constitution and is "the law of the land," according to a statement from the White House.

  • January 17, 2025

    Google Judge Says Apple Intervention Could Open 'Floodgates'

    A D.C. federal judge seemed skeptical Friday about allowing Apple Inc. to intervene in legal wrangling between Google and the U.S. Department of Justice over the proper fix for Google's search monopoly, raising concerns that granting intervention would pave the way for other companies to do the same.

  • January 17, 2025

    Immigrant Military Members OK To Ax Time-In-Service Appeal

    Immigrant members of the military challenging a since-rescinded U.S. Department of Defense requirement to serve for one year before becoming eligible for citizenship told the D.C. Circuit on Thursday that they would not oppose the dismissal of the agency's appeal on its terms.

  • January 17, 2025

    9th Circ. Backs Vacating Some Trump-Era Oil And Gas Leases

    A split Ninth Circuit ruled Friday that an Idaho federal court, but not a Montana federal court, abused its discretion in striking down oil and gas leases sold during the Trump administration, but halted "surface-disturbing activity" while the federal government reconsiders the leasing decisions.

  • January 17, 2025

    NM Justices Reject Utility Challenges To Solar Rule

    New Mexico's top court issued a slip opinion explaining its decision to back a community solar rule enacted by state regulators and to reject arguments by an Xcel Energy unit and other utilities claiming the rule ran afoul of a Community Solar Act passed by lawmakers.

  • January 17, 2025

    Red States And Oil Groups Attack Biden's Coastal Drilling Ban

    Louisiana-led states and fossil fuel groups are asking a federal judge in the Pelican State to scrap a pair of Biden administration memos that recently banned new oil and gas leasing across more than 625 million acres of federal waters.

  • January 17, 2025

    Instacart, Uber Team Up Against Driver Job Security Law

    Instacart has joined Uber's fight against Seattle's new app-based worker account deactivation rules, with both companies urging the judge who refused to temporarily block the law to grant a stay while the companies appeal to the Ninth Circuit.

  • January 17, 2025

    DC Circ. Seems Of Split Mind On EPA Air Compliance Suit

    The D.C. Circuit seemed split Friday on what to do about a Republican state-led appeal accusing the U.S. Environmental Protection Agency of stepping on their toes when issuing a rule that changed the deadline for submitting Clean Air Act compliance plans for power plants.

  • January 17, 2025

    DOJ Wants No Jail Time For Cross-Border Monopoly Member

    The U.S. Department of Justice has told a Texas federal judge that a woman who pled guilty to conspiring to monopolize cross-border sales of used vehicles should be sentenced to up to 14 months of home detention.

  • January 17, 2025

    Ga. Panel Won't Revive Nixed Charges Against Trump, Others

    The Georgia Court of Appeals on Friday affirmed the dismissal of six counts in the state's election interference case against President-elect Donald Trump, former New York Mayor Rudy Giuliani and other co-defendants, upholding a trial judge's decision that the charges must be tossed for lack of detail.

  • January 17, 2025

    Texas-Led States Join Challenge To EPA Methane Tax

    A coalition of Texas-led states has joined a slew of industry groups challenging a U.S. Environmental Protection Agency rule that imposes fees oil and gas companies must pay if their methane emissions exceed certain thresholds.

  • January 17, 2025

    NC Judge Adamant 'Nobody Needs A Cellphone' In Court

    A North Carolina federal judge didn't mince words in rejecting a joint request from opposing parties in an upcoming redistricting trial who sought a reprieve from a local rule largely barring electronics in the courthouse, saying "nobody needs a cellphone in the courtroom."

  • January 17, 2025

    DOL's Subminimum Wage Rule Draws Support, Scrutiny

    The U.S. Department of Labor's proposed rule to end the program allowing employers to pay subminimum wages to workers with disabilities drew polarized opinions as the comment period ended Friday, with supporters arguing it is time to pay those workers fairly and critics saying the rule will limit workers' options.

  • January 17, 2025

    Muscogee Look To Renew Alabama Burial Grounds Dispute

    The Muscogee (Creek) Nation is asking a federal district court for permission to file a new complaint in a dispute over a sacred Alabama burial ground site after the Eleventh Circuit last year allowed the tribe to reinstate its allegations.

Expert Analysis

  • How White Collar Enforcement May Shift In Trump's 2nd Term

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    After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.

  • COP29 Offers Pathway To A Global Carbon Market

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    COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.

  • New Trump Admin May Bring Financial Oversight Turbulence

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    As President-elect Donald Trump prepares to begin his second term, his top financial market regulatory and securities law enforcement appointees, campaign promises, and regulatory preferences foretell a period of muddy regulatory waters, say attorneys at Kroll.

  • The Justices' Securities Rulings, Dismissals That Defined '24

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    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

  • 10 Noteworthy CFPB Developments From 2024

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    In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.

  • What To Expect From EEOC Next Year After An Active 2024

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    While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Opinion

    A New Tax On Employers Could Help Curb Illegal Immigration

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    To better enforce the law against hiring immigrants unauthorized to work in the U.S., Congress should enact a punitive excise tax on compensation paid to such immigrants and amend the False Claims Act to allow qui tam actions against employers for failure to pay such tax, says Ajay Gupta at Moore Tax Law Group.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025

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    U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.

  • Key Rulings On Sentencing Guidelines After Loper Bright

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    The U.S. Supreme Court's landmark decision in Loper Bright v. Raimondo raised questions as to when and whether courts should defer to the U.S. Sentencing Guidelines' commentary in disputes over the guidelines' meaning — but some recent appellate court rulings provide insights for defense counsel in this area, say attorneys at Foley & Lardner.

  • Data Privacy Landscape After Mass. Justices' Wiretap Ruling

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    In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • The Future Of GLP-1 Policy After Drug Shortage Ends

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    If and when the U.S. Food and Drug Administration determines that GLP-1 RA drugs are no longer in short supply, regulators will face questions of how to balance access to GLP-1 RAs with statutory and policy considerations applicable to compounded drugs, say attorneys at Skadden.

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