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Public Policy
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April 11, 2025
Trump Grid Order Threatens To Roil Electricity Sector
President Donald Trump's directive to keep struggling power plants on the grid is an unusual use of the U.S. Department of Energy's authority to ensure power delivery during emergencies, and it could invite lawsuits while upending wholesale electricity markets.
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April 11, 2025
Pot Co. Brings Calif. Labor Peace Law Challenge To 9th Circ.
A cannabis retailer challenging the constitutionality of a California law that requires marijuana businesses to have labor peace agreements is bringing its legal battle to the Ninth Circuit.
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April 11, 2025
Another Calif. Tribe Files Suit Over $700M Casino Project
A California Native American tribe alleged in District of Columbia federal court that the federal government unlawfully placed land in a trust and approved a $700 million, 160-acre casino resort project that was proposed by another California tribe.
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April 11, 2025
Miami Art Dealer Arrested, Accused Of Selling Fake Warhols
A Miami art dealer was charged in Florida federal court for allegedly selling fake Andy Warhol artwork to his gallery clients, the U.S. Attorney's Office for the Southern District of Florida announced Thursday.
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April 11, 2025
Trump Tariffs Will Hurt US Worse Than EU, Bloc Official Says
The wide-ranging tariffs imposed by President Donald Trump's administration, including those that were recently paused for 90 days, will harm the U.S. worse than the European Union, the bloc's economic commissioner said Friday.
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April 11, 2025
NJ AG Cleared To Appeal Ex-Prosecutor's Resignation Claim
The New Jersey Superior Court's Appellate Division granted Attorney General Matthew Platkin's request to rule on a lawsuit from a former Warren County prosecutor claiming that Platkin misled him into resigning from his post last year.
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April 11, 2025
Virginia Tribe Says Medicaid Dispute Will Sink Healthcare Biz
The Nansemond Indian Tribe is requesting that a federal court hand down an order that would instruct Virginia to continue processing its more than 130,000 unpaid Medicaid reimbursement claims, arguing that without it, the commonwealth will succeed in driving its healthcare entity out of business.
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April 11, 2025
Fla. Federal Judge To Lead Judiciary Research Center
U.S. District Judge Robin L. Rosenberg of the Southern District of Florida will be the next director of the federal judiciary's research center, Chief Justice John Roberts announced Thursday.
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April 11, 2025
Did DOJ Bless A Crypto Free-For-All? Think Again, Attys Say
The Justice Department's move to scale back cryptocurrency enforcement and dissolve its crypto fraud investigations unit isn't exactly a "get-out-of-jail-free card" for industry players who commit crimes using digital assets, experts say.
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April 11, 2025
FTC Probing Valvoline's $625M Breeze Autocare Deal
Valvoline Inc. said Friday that the company and Greenbriar Equity Group LP have each received second requests from the Federal Trade Commission for Valvoline's proposed $625 million acquisition of Breeze Autocare from the middle market private equity firm.
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April 11, 2025
Judge Wants Daily Updates On Man Deported To El Salvador
A Maryland federal judge on Friday said it was "extremely troubling" that a U.S. Department of Justice lawyer could not share the whereabouts of a Maryland man mistakenly deported to an El Salvador prison or the steps being taken to return him, ordering daily updates about whether the government is taking measures to bring the man back.
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April 11, 2025
EPA Workers Allege Discrimination Over Indefinite Leave
U.S. Environmental Protection Agency employees dedicated to working on issues facing poor and minority communities exposed to disproportionate pollution say in a new complaint that the EPA is discriminating against them by forcing them into indefinite leave.
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April 11, 2025
Mich. Top Court Won't Hear Appeal Of $217M Dam Repair Tax
The Michigan Supreme Court on Friday said it wouldn't hear an appeal from a host of homeowners challenging a $217 million special assessment to fund the repair of dams and restoration of lakes after 2020 floods that devastated mid-Michigan counties.
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April 11, 2025
Rakoff Quips 'I Love Trials' Before Palin-NYT Libel Rematch
Manhattan U.S. District Judge Jed S. Rakoff took up legal questions Friday ahead of a retrial for former Alaska Gov. Sarah Palin in her suit accusing The New York Times of maliciously defaming her, cheerfully noting that an earlier verdict was erased.
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April 11, 2025
Mississippi Federal Judge To Take Senior Status April 15
U.S. District Judge Sharion Aycock of the Northern District of Mississippi, who was the first female federal district judge in the state, will take semiretired status on April 15.
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April 11, 2025
DOJ Confirms Immigration Board Was Nearly Halved
The U.S. Department of Justice confirmed in an interim final rule on Friday that it slashed the number of board members on the Board of Immigration Appeals from 28 to 15, saying the greater number did not lead to more efficiency.
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April 11, 2025
Mass. Rep Charged With Stealing Funds For Campaign, Bills
A Massachusetts state representative from Cape Cod was arrested Friday morning on charges that he stole thousands of dollars from a trade group he ran and spent the money on his political campaign, his mortgage and credit card bills, a new wardrobe and a psychic.
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April 10, 2025
Trump Floats Using Firms That Cut Deals For Trade Dealings
President Donald Trump said during a Cabinet meeting Thursday that he wants to use BigLaw firms that have reached deals with the White House to "help us out" with making trade deals, telling Cabinet members, "I have a lot of legal fees I can give to you people, and we may as well use them."
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April 10, 2025
AbbVie Wants ND, SD Drug Pricing Laws Blocked
Drugmaker AbbVie Inc. on Thursday asked federal courts to block new drug-pricing laws in both North Dakota and South Dakota, alleging that the measures requiring the company to transfer products to certain pharmacies at discounted prices are unconstitutional.
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April 10, 2025
Monsanto Can't Nix PCB Expert From 11th Seattle School Trial
A Washington state judge has denied Monsanto's latest bid to keep chemical exposure estimates out of a PCB tort trial slated to start Monday in Seattle, weighing in on an issue that will ultimately be decided by the state's high court.
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April 10, 2025
Dems Will Get More Answers From Pick For DC US Atty
In a compromise with concerned Democrats, the Republican leader of the Senate Judiciary Committee said Thursday that the nominee for the U.S. attorney for the District of Columbia will answer an extensive questionnaire as part of his confirmation process.
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April 10, 2025
Vanda Sues FDA To Block Off-Label Use Drug Promo Regs
A pharmaceutical company, a Texas physician and an often-jet lagged traveler sued the U.S. Food and Drug Administration in Texas federal court Wednesday seeking to block marketing restrictions on the off-label uses of FDA-approved drugs, arguing that long-standing rules and Biden-era guidance runs afoul of the First Amendment.
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April 10, 2025
Fla. Trainer Jockeys For Temporary Halt To Horseracing Law
A Florida equestrian trainer Thursday urged a federal court to temporarily halt the enforcement of a law regulating horse racing safety, arguing that delegating oversight authority to a private corporation is unconstitutional although a judge declined to immediately rule and instead sought clarity on the issue of immunity.
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April 10, 2025
Immigration Groups Seek Unredacted Tax Data-Sharing Pact
Immigration advocates trying to block the Internal Revenue Service from disclosing taxpayers' information to the U.S. Department of Homeland Security and other agencies urged a D.C. federal court on Thursday to require the Justice Department to hand over an unredacted version of a government agreement to share the confidential data.
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April 10, 2025
Paying Senator Directly Would Have Been 'Funky,' Jury Hears
A former red-light camera executive serving as the government's star witness in an Illinois senator's bribery trial acknowledged Thursday that only he raised concerns about keeping their relationship private and concealing financial payments so they wouldn't look "funky" to the public.
Expert Analysis
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Service By Token Is Transforming Crypto Litigation Landscape
As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.
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What To Expect For Stem Cell Regulation Under Trump Admin
The new administration's push for deregulation, plus the post-Chevron legal landscape, and momentum from key political and industry players to facilitate stem cell innovation may create an opportune backdrop for a significant reduction in the U.S. Food and Drug Administration's regulatory framework for stem cells, say attorneys at Sheppard Mullin.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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10 Practical Takeaways From FDA's Biopharma AI Guidance
Recent guidance from the U.S. Food and Drug Administration provides much-needed insight on the usage of artificial intelligence in producing information to support regulatory decision-making regarding drug safety, with implications ranging from life cycle maintenance to AI tool acquisition, say attorneys at Covington.
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Making The Opportunity Zones Program Great At Last
As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.