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Public Policy

  • November 12, 2025

    SEC's Atkins Previews Crypto 'Taxonomy' Plans, Exemptions

    U.S. Securities and Exchange Commission Chairman Paul Atkins on Wednesday pledged to "draw clear lines" about which crypto transactions the SEC doesn't regulate, but said that coming rules and exemptions for digital assets are "not a promise of lax enforcement at the SEC."

  • November 12, 2025

    Fla. Lacked Evidence For Psychiatric Hold, Court Says

    A Florida appeals court on Wednesday reversed an involuntary commitment order after the state conceded its evidence was insufficient for a finding of mental illness under state law.

  • November 12, 2025

    1st Circ. Weighs Federal Halt To Planned Parenthood Funding

    First Circuit judges skeptically questioned a Planned Parenthood attorney Wednesday as they wrestled with whether Congress illegally singled out the organization in budget legislation that blocks its federal Medicaid funding for a year.

  • November 12, 2025

    Ports Warn USTR Against China Ship Fees, Crane Tariffs

    The U.S. Trade Representative should reconsider tariffs on Chinese cranes and fees on Chinese and other foreign ships while those measures are suspended for the next year as part of a trade truce between China and the U.S., according to comments recently submitted by a U.S. port industry association.

  • November 12, 2025

    8th Circ. Will Rehear Travelers' $27M Fire Award Challenge

    The Eighth Circuit agreed Wednesday to revisit its previous split decision affirming a Missouri-based apartment complex owner's $27 million jury award against a Travelers unit in a fire coverage dispute.

  • November 12, 2025

    Railroads Have Conditions For Supporting 900 MHz Changes

    The nation's railroads say they're fine with the Federal Communications Commission's plans to open up two more bands of 900 megahertz spectrum for broadband use, but not without protections in place to ensure that their critical safety communications aren't affected.

  • November 12, 2025

    Judge Questions EEOC's Halt On Disparate Impact Probes

    A D.C. federal judge wondered Wednesday whether he had the authority to force the U.S. Equal Employment Opportunity Commission to continue probing disparate impact discrimination claims after an April executive order stopped all such investigations in their tracks.

  • November 12, 2025

    Justices Hint Early Release Factors 'Countermand' Congress

    Justices in the U.S. Supreme Court's conservative faction questioned Wednesday whether the U.S. Sentencing Commission overstepped when it said reductions in mandatory minimum sentences could be part of a court's consideration when weighing "compassionate release" for federal prisoners.

  • November 12, 2025

    NTIA Aims To Cut 'Red Tape' From Tribal Programs

    The Commerce Department agency in charge of two tribal connectivity programs said Wednesday it will streamline their funding rules in a notice coming out next spring.

  • November 12, 2025

    Illinois Court Says Tax Board Overstepped In Appeal Dismissal

    The Illinois Property Tax Appeal Board exceeded its statutory authority when it decided to sanction a commercial property owner by dismissing two tax appeals over the property, a state appellate panel said Wednesday.

  • November 12, 2025

    FERC Can't Order Refund Of Extra Tax Costs, DC Circ. Told

    The Federal Energy Regulatory Commission requiring an Energy Transfer LP unit to refund customers extra costs tacked onto its rates for deferred federal income tax reasons was unlawful retroactive ratemaking, the subsidiary told the D.C. Circuit, urging a reversal of the commission's order.

  • November 12, 2025

    2nd Circ. Doubts NLRB Dress Code Test In Starbucks Appeal

    A Second Circuit panel appeared skeptical Wednesday of the revised test underlying the National Labor Relations Board's ruling that Starbucks illegally forbade roastery workers to wear union T-shirts but appeared to buy that the agency's reviews of employers' dress codes generally deserve deference.

  • November 12, 2025

    Ill. Justices Probe 'Catch-22' In $7B Grain Belt Line Fight

    Illinois Supreme Court justices considering whether to uphold an Illinois agency's authorization of part of the $7 billion Grain Belt Express high-voltage transmission line on Wednesday pressed counsel for landowners insisting they shouldn't to address whether their argument creates a "catch-22" for the developer if it can't get funding without regulatory signoff but needs regulatory approval to secure financing.

  • November 12, 2025

    Judge Tosses Nonprofit's Pittsburgh Inclusionary Zoning Suit

    A Pennsylvania federal judge has sided with Pittsburgh against a nonprofit real estate trade association's suit challenging the constitutionality of the city's inclusionary zoning ordinances, ruling that the group's claims aren't ripe and that it lacks standing to bring the case.

  • November 12, 2025

    DOT Immigrant Trucker Rule Frozen Pending DC Circ. Review

    The D.C. Circuit has stayed a new U.S. Department of Transportation rule that blocks certain immigrants from driving commercial trucks or buses while it considers whether the rule is arbitrary, as workers and unions have claimed.

  • November 12, 2025

    Dem Lawmakers Urge Governors To Block ICE's DMV Data Access

    Forty Democratic lawmakers on Wednesday warned several governors, including in Arizona, California and Colorado, that their states may be unknowingly sending their residents' driver's license and registration information to federal immigration authorities.

  • November 12, 2025

    Regional Cable Biz Looks Toward Permit Reform Priorities

    Independent cable providers want the Federal Communications Commission to wield its statutory powers to slash state and local rules that their main trade group considers impediments to broadband deployment.

  • November 12, 2025

    Energy Dept. Sued Over Blue State Project Award Rescissions

    Minnesota's capital city and several clean energy advocates have sued the U.S. Department of Energy in D.C. federal court over its termination of over $7.5 billion in grants for energy projects, accusing the agency of unconstitutionally targeting projects primarily in blue states.

  • November 12, 2025

    Boulder Fights Exxon's High Court Bid To Sink Climate Suit

    The city and county of Boulder, Colorado, are asking the U.S. Supreme Court to reject Exxon Mobil Corp. and Suncor Energy Inc.'s request that it review the Colorado Supreme Court's decision to allow the city's climate change tort against the companies to proceed in state court.

  • November 12, 2025

    Historic Seneca Leader Ely Parker Honored With NY Bar Entry

    A New York appellate court has granted posthumous state bar admission to a 19th century Seneca Nation leader and Indigenous rights activist who was denied the ability to practice law because he was a Native American.

  • November 12, 2025

    Detainees' Attorneys, Judge To Inspect Illinois ICE Center

    An Illinois federal judge and attorneys representing detainees who have alleged "inhumane" conditions at an immigration holding center in Broadview are set to visit and inspect the facility on Thursday, after another judge handed down a temporary restraining order requiring improvements last week.

  • November 12, 2025

    Marathon Prevails In Texas Business Court Gas Contract Trial

    A Texas Business Court judge found in favor of Marathon Oil Co. on Tuesday after a bench trial earlier this month, ruling that Winter Storm Uri absolved Marathon from having to buy natural gas to make up for delivery shortfalls to a commodity trading company.

  • November 12, 2025

    Texas AG Sues County Over $1.3M Immigrant Defense Fund

    Texas Attorney General Ken Paxton is suing Harris County in state court for allocating $1.34 million to several nonprofits that provide legal services to immigrants facing removal, alleging the expenditures are unconstitutional.

  • November 12, 2025

    Geico Loses Bid To Dismiss $70M SC Tax Collection Suit

    A nonprofit representing South Carolina's 271 incorporated municipalities can continue to pursue its claims that Geico failed to fully pay certain municipalities nearly $70 million in business license taxes and penalties, a South Carolina federal court ruled Wednesday, rejecting the company's position that the nonprofit lacks such tax collection authority.

  • November 12, 2025

    House Looks To Undo Sens.' Ability To Sue Over Phone Info

    House Speaker Mike Johnson, R-La., said Wednesday that House Republicans will be introducing stand-alone legislation to repeal a provision tucked into the government funding package the Senate passed Monday that would allow Republican senators investigated by special counsel Jack Smith to sue for damages.

Expert Analysis

  • FTC's Reseller Suit Highlights Larger Ticket Platform Issues

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    Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Parsing Trump Admin's First 6 Months Of SEC Enforcement

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    The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.

  • HSR Compliance Remains A Priority From Biden To Trump

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    Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.

  • Cos. Face EU, US Regulatory Tension On Many Fronts

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    When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.

  • How EU Is Tweaking Enviro Laws After US Trade Deal

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    While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.

  • The Consequences Of OCC's Pivot On Disparate Impact

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    The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.

  • FDA Transparency Plans Raise Investor Disclosure Red Flags

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    The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.

  • Rising USCIS Denials May Signal Reverse On Signature Policy

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    Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • 2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits

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    A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.

  • How FDIC Appeals Plan Squares With Fed, OCC Processes

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    The Federal Deposit Insurance Corp.'s recent proposal to revise its appeals process merits a fresh comparison to the appeals systems of the Federal Reserve and Office of the Comptroller of the Currency, and would provide institutions with greater transparency and independence, say attorneys at Alston & Bird.

  • How GILTI Reform Affects M&A Golden Parachute Planning

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    Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.

  • SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'

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    The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.

  • Restored Charging Project Funds Revive Hope For EV Market

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    While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.

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