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Public Policy
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July 29, 2025
4th Circ. Rejects BofA's Claim Of Tax Offsets After Mergers
Bank of America cannot use its tax overpayments to offset interest on tax underpayments by Merrill Lynch just because the two companies later merged, the Fourth Circuit affirmed Tuesday in a $163 million case that affects more than 20 years' worth of tax adjustments.
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July 29, 2025
Okla. Cannabis Attorney Sues State Bar Over Suspension
An Oklahoma-based attorney specializing in First Amendment and cannabis law is suing the state's bar association and Supreme Court, alleging that he was wrongfully suspended last year in retaliation for criticizing the bodies.
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July 29, 2025
Colo. Conservative Group Says New OT Law Violates TABOR
Colorado's new overtime law, which requires overtime deducted from federal gross income to be added back to a taxpayer's federal taxable income for state income tax, violates the state's Taxpayer's Bill of Rights, a conservative advocacy group told a state district court.
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July 29, 2025
Calif. Allows Retroactive Tax Exclusion For Solar Property
California will allow the purchaser of a new property a three-year window to apply for a property tax exclusion for solar energy systems under a bill signed by Gov. Gavin Newsom.
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July 29, 2025
What To Watch As Deadline Looms for Jay Clayton At SDNY
The clock is ticking closer to the expiration of Jay Clayton's appointment as interim U.S. attorney for the Southern District of New York, setting him on a likely collision course with the district's judges, who have the power to vote on whether he can continue overseeing one of the top prosecutorial offices in the country.
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July 29, 2025
Judge Wants Docs On Feds' Role In Fla. Detention Center Suit
A Florida federal judge has said agreements between the federal government and the state concerning the immigrant detention center in the Everglades dubbed "Alligator Alcatraz" could help the court decide if federal environmental laws are at play in a suit from environmental groups.
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July 29, 2025
Ark. Law Banning PBM-Owned Pharmacies Put On Ice
Arkansas can't enforce a law banning pharmacy benefit managers from owning pharmacies in the state, a federal judge ruled, saying that CVS, Express Scripts, Optum and a trade group are likely to succeed on their claims that the statute unlawfully restricts interstate commerce.
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July 29, 2025
Federal Cuts Shake Up Clinical Research Funding Landscape
As the Trump administration makes deep cuts to clinical research funding, healthcare attorneys worry that the delicate balance between federal grants and private investment is at risk. Crowell & Moring LLP partner Linda Malek talks to Law360 Healthcare Authority about the industry's concerns.
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July 29, 2025
Key Immigration Policies Of 2025: Midyear Report
President Donald Trump signed a flurry of immigration-related executive orders on Inauguration Day to sharply curtail asylum at the southern border and lay the groundwork for a sweeping approach to immigration enforcement. Here, Law360 looks at some of the most significant developments in immigration policy this year.
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July 28, 2025
9th Circ. Wants More Info On Trump Admin's Arrest Policy
A Ninth Circuit panel doubted Monday the government's request to lift a ruling blocking the Trump administration from relying on people's perceived ethnicity or job to stop individuals amid immigration raids, with one judge ordering the government to submit more details on whether it has a 3,000 arrests per day quota.
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July 28, 2025
Retired Judges Say DOJ Suit 'Threatens' Core Of Judicial Role
A group of retired federal judges on Monday threw their support behind Maryland federal judges targeted in a Trump administration lawsuit over their habeas petitions standing order, arguing that the suit "threatens the judicial role to its core" and is trying to block judges from employing "a commonplace docket-management technique."
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July 28, 2025
New Jersey US Atty Faces Authority Challenge In Drug Case
A New Jersey man facing federal drug and firearms charges is mounting what appears to be the first formal legal challenge to Alina Habba's continued role as acting U.S. attorney for the District of New Jersey, arguing that her appointment is unlawful and undermines the legitimacy of his prosecution.
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July 28, 2025
Apache Women Look To Block Arizona Site's Destruction
A group of Apache women are looking to block the federal government from transferring their Arizona worship site to a copper mining company, telling a D.C. federal court they will be unable to practice and pass down their religion if the site is destroyed.
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July 28, 2025
Bondi Says Judge Boasberg Hit With 'Misconduct Complaint'
U.S. Attorney General Pam Bondi announced Monday that the U.S. Department of Justice filed a "misconduct complaint" against Chief U.S. District Judge James Boasberg, the D.C. federal judge who found probable cause to hold the Trump administration in criminal contempt for violating his order blocking deportations.
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July 28, 2025
Amazon Says Geostationary Satellites Causing Interference
Amazon is asking the Federal Communications Commission to stop authorizing new geostationary satellite operators in the non-geostationary satellite primary bands, complaining that geostationary operators are haphazardly using the spectrum designated for operators like Amazon's planned Kuiper constellation and causing interference.
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July 28, 2025
Midband Spectrum Set-Aside Needed For Telemetry, FCC Told
As the Federal Communications Commission considers shutting down more than 2,000 regulatory dockets that have become dormant, it shouldn't have its eye on a rulemaking aimed at setting aside midband airways for the aeronautical mobile telemetry, a defense contractor says.
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July 28, 2025
Rincon Band Says NEPA Reform Proposal Is Bad Idea
The Rincon Band of Luiseño Indians says projects under the FCC's jurisdiction have historically "failed to adequately identify and assess historic properties of cultural and religious significance to Tribal Nations" and a proposal to loosen National Environmental Policy Act rules will make things only worse.
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July 28, 2025
Birthright Call Cited In Push To Keep TPS For Venezuelans
The TPS Alliance is arguing to a Ninth Circuit panel that another Ninth Circuit panel's affirmation of a nationwide injunction on President Donald Trump's executive order limiting birthright citizenship weighs in favor of preserving a California federal judge's decision blocking the administration's attempt to end temporary protected status for Venezuelan immigrants.
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July 28, 2025
Fed Committee Meetings Will Remain Closed, Judge Rules
A D.C. federal judge shot down a President Donald Trump ally's bid to open up the Federal Reserve's Federal Open Market Committee meetings to the public Monday, questioning whether the suit was a stunt to gin up interest in his new "anti-DEI" investment fund.
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July 28, 2025
Congress Urged To Make FCC Merger OKs Deal-Specific
A free-market think tank says diversity and journalism-related conditions tied to Federal Communications Commission approval of the pending Paramount-Skydance merger show why Congress needs to reform FCC reviews to make sure any conditions are transaction-specific.
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July 28, 2025
FCC Pushed To Rescind Biden-Era Cybersecurity Ruling
Several telecom trade groups have urged the Federal Communications Commission to pull back a ruling from early this year that imposed new cybersecurity requirements on providers in the aftermath of the Salt Typhoon cyberattack by actors linked to the Chinese government.
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July 28, 2025
Florida's AG Announces 'Climate Cartel' Investigation
Florida's attorney general announced Monday that he is investigating whether two greenhouse gas emission reduction groups violated state consumer protection or antitrust laws for allegedly coercing companies into disclosing proprietary information.
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July 28, 2025
Ex-Nurse's VA Negligence Case Doubted By Seattle Judge
A Seattle federal judge appeared unconvinced on Monday that a U.S. Navy veteran had proven substandard psychiatric care caused a psychotic episode that led to her stabbing her mother, suggesting key allegations aren't backed by testimony as a bench trial wrapped in her case targeting a U.S. Department of Veterans Affairs doctor.
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July 28, 2025
Hawaii Fights Back Against US Bid To Block Climate Suit
Hawaii on Monday asked a federal judge to throw out the Trump administration's "extraordinary and unprecedented" effort to block the state's climate change lawsuit against major energy companies.
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July 28, 2025
BLM Kills Biden-Era Policy Docs For Oil Drilling In Alaska
The U.S. Bureau of Land Management on Monday rescinded three Biden-era actions that aimed to restrict development activities in Alaska's National Petroleum Reserve.
Expert Analysis
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How To Increase 3rd-Party Preissuance Patent Submissions
Attorneys Marian Underweiser and Marc Ehrlich, who helped draft the America Invents Act, discuss changes that the U.S. Patent and Trademark Office could potentially implement to facilitate its hopes for increased participation in front-end patent challenges.
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How Cos. In China Can Tailor Compliance Amid FCPA Shifts
The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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SEC, FINRA Obligations In Changing AI Regulatory Landscape
Despite the U.S. Securities and Exchange Commission's recent withdrawal of its proposed artificial intelligence conflict rules, financial regulators remain focused on firms developing the correct AI compliance framework, as well as continuously testing and supervising them to ensure they're fit for purpose, say attorneys at Cahill Gordon.
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.
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How Property Insurers Serve As Climate Change Harbingers
Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Assessing Impact Of USPTO's New Patent Policies
Recent data shows how the U.S. Patent and Trademark Office's new patent policies are affecting America Invents Act trial institution rates, including spurring an uptick in discretionary denials, say attorneys at Armond Wilson.
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What US Medicine Onshoring Means For Indian Life Sciences
Despite the Trump administration's latest moves to onshore essential medicine manufacturing, India will likely remain an indispensable component of the U.S. drug supply chain, but Indian manufacturers should prepare for stricter compliance checks, says Jashaswi Ghosh at Holon Law Partners.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Building Better Earnouts In The Current M&A Climate
In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.