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Public Policy
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February 11, 2025
Split 6th Circ. Backs Ex-Cincinnati Politician's Conviction
A split Sixth Circuit ruled Tuesday that, although a close case, there was enough evidence to convict a former Cincinnati council member of bribery and attempted extortion in connection with a sports betting development project spearheaded by a former Cincinnati Bengals player.
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February 11, 2025
FCC's Subsidy Fund Like 'Bureaucrat's Dream,' Justices Told
A free-market litigation group urged the U.S. Supreme Court on Tuesday to overturn the Federal Communications Commission's fee system to support telecom subsidies, comparing the regime to an out-of-control IRS with unbridled taxing powers.
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February 11, 2025
GOP Reps. Reintroduce Litigation Funding Disclosures Bill
Three House Republicans have reintroduced legislation that would require the disclosure of parties collecting payments in civil lawsuits, saying that transparency on so-called "third-party litigation funding" was crucial, especially in patent litigation.
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February 11, 2025
Kids Can't Save Reworked EPA Climate Suit, Judge Rules
A California federal judge on Tuesday threw out, for good, children's amended allegations that the U.S. Environmental Protection Agency's climate policies violate their constitutional rights, ruling that they haven't shown that the alleged harms they've suffered in the midst of climate change can be traced to the policies.
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February 11, 2025
Billionaire Ira Rennert Says Justices Must Resolve Peru Fight
A mining company controlled by billionaire Ira Rennert has repeated its bid for the U.S. Supreme Court to resolve whether the Eighth Circuit mistakenly denied dismissal of claims by more than 1,000 Peruvians over alleged pollution, saying the circuit court's opinion "distorted" international comity.
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February 11, 2025
Red States Tell 8th Circ. DACA Health Coverage Harms Them
A coalition of 19 Republican-led states has told the Eighth Circuit they can challenge a federal rule expanding Affordable Care Act benefits to Dreamers, citing more than $624,000 in increased costs Idaho, Kentucky and Virginia will incur as a result.
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February 11, 2025
Justices Ponder If Colo. Climate Case Would Open Floodgates
Colorado justices on Tuesday asked a city and county seeking damages against ExxonMobil and Suncor over the local impacts of climate change why such suits don't amount to an attempt to regulate the oil and gas industry, with one justice saying he has "practical concerns" about more municipalities bringing novel climate tort claims.
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February 11, 2025
Crypto Bills A 'Test Case' For AI Regs, GOP Senator Says
A Republican U.S. senator who is leading the push for crypto industry regulation said Tuesday that Congress' actions in the digital asset space could determine whether there is a path forward for writing regulations governing the artificial intelligence industry.
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February 11, 2025
Couple's Chickens Are Pets, Not Poultry, NC Justices Told
A North Carolina couple urged the state's highest court to back a state appeals court's ruling finding their 60-plus chickens are household pets, arguing that a jury was improperly instructed that chickens can't be pets under their neighborhood's restrictive covenant.
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February 11, 2025
5th Circ. Affirms Dismissal Of Jones Act Competition Suit
A Fifth Circuit panel rejected a Houston company's challenge of a U.S. Customs and Border Protection determination regarding the extent to which domestic vessels compliant with the Jones Act must be tapped to haul rock used to protect the foundations of offshore wind facilities.
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February 11, 2025
Fla. Senate Committee Advances Resilient Building Tax Credit
A Florida Senate committee unanimously voted on Tuesday to advance bills to create a resilient building tax credit program, develop guidelines for green and gray infrastructure to address rising sea levels and require public hearings for state park land management plans.
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February 11, 2025
PFAS Litigation Finds A New Frontier: Consumer Products
Smartwatch wristbands, adhesive bandages, tampons and juice containers — what do they all have in common? In a growing trend, plaintiffs attorneys allege the products contain toxic forever chemicals and that manufacturers misled consumers about it.
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February 11, 2025
NY State Bill Creates New Route To Rent Stabilization
Democratic New York State lawmakers introduced legislation on Tuesday that would create an additional mechanism for municipalities outside of New York City to opt in to rent stabilization, an alternative to the current standard that opponents have seized on in litigation.
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February 11, 2025
Mich. Senate Says House Taking Bills 'Hostage,' Ignoring Law
Michigan House Republicans are engaged in a "brazen attempt to place themselves above the law" in refusing to present nine bills to the governor for signature, the Democrat-led Senate said Tuesday in the latest salvo in an intra-Legislature legal battle.
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February 11, 2025
Monsanto PCB Appeal Seems To Divide Wash. High Court
Thorny choice-of-law issues seemingly divided the Washington State Supreme Court during oral arguments Tuesday, with one justice suggesting that the teachers who brought suit are relying on "forum-shopping" to reinstate a $185 million win against Monsanto, and another saying the company's stance violates state law intended to hold corporations accountable for harming citizens.
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February 11, 2025
Ark. Homeowners Want Short-Term Rental Law Suit To Continue
Two Fayetteville, Arkansas, homeowners fought the city's summary judgment bid against their suit over its short-term rental ordinance, arguing in Arkansas federal court on Tuesday that the city law is unconstitutional.
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February 11, 2025
Colo. Justices Mull Statute's Silence In Med Mal Cap Debate
The Colorado Supreme Court on Tuesday pressed a doctor on why it should cap a patient's prefiling interest in a medical malpractice case when lawmakers didn't clearly state whether an exception to a damages cap applies.
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February 11, 2025
EV Charging Supply Chain In Limbo Amid Funding Freeze
The Trump administration's suspension of a $5 billion program funding electric vehicle charging stations nationwide infuses uncertainty into the future of the U.S. electric-vehicle supply chain, triggering costly project delays and fresh litigation, experts told Law360.
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February 11, 2025
Former DOI Secretary Eyes New Mexico Governor's Seat
Former U.S. Department of Interior Secretary Deb Haaland on Tuesday launched her campaign for governor of New Mexico, an endeavor that, if successful, would make her the first Native American woman to take on such a role.
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February 11, 2025
FTC Says Small Stores Pay Southern Glazer's Up To 67% More
The Federal Trade Commission's price discrimination case against Southern Glazer's accuses the wine and spirits distributor of routinely charging small retailers up to 67% more for the same products as large chain stores, according to newly unsealed redactions.
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February 11, 2025
Trump's Tariffs, GOP Tax Goals Pose Political Puzzle
President Donald Trump's use of wholesale tariffs may generate trillions of dollars across a 10-year budget window, but the economic uncertainty associated with the U.S.'s aggressive trade posture could politically harm Republicans' must-have efforts to shepherd a tax bill into law this year, experts say.
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February 11, 2025
DOD Bars New Transgender Troops Amid Court Challenge
The U.S. military will stop enlisting transgender recruits and halt gender-affirming medical care for current service members, according to a U.S. Department of Defense memo filed in D.C. federal court litigation challenging the Trump administration's ban on transgender troops.
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February 11, 2025
DC Judge Speeds Up Schedule For NLRB Member Firing Suit
A D.C. federal judge set a briefing schedule and a potential hearing as part of former National Labor Relations Board member Gwynne Wilcox's challenge to her firing by President Donald Trump, in which Wilcox is seeking expedited summary judgment as the NLRB lacks a quorum to decide cases.
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February 11, 2025
Colo. Theater Says State Wrongfully Denied Tax Credit
A Colorado theater has filed claims against the state's Office of Economic Development and International Trade, alleging it wrongfully denied its application for a tax credit for rehabilitating the historic theater, according to a suit filed in state court Monday.
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February 11, 2025
SEC Stays Binance Case Amid Other Crypto Case Extensions
The U.S. Securities and Exchange Commission and crypto exchange Binance have asked a Washington federal judge overseeing their enforcement suit to pause the case for two months as the agency pivots its approach to digital assets, adding to the list of extensions in the agency's cryptocurrency cases.
Expert Analysis
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Foreign Trade Zones Can Help Cos. With Tariff Exposure
Companies navigating shifts in global trade — like the Trump administration’s newly levied tariffs on Chinese goods — should consider whether the U.S. Department of Commerce's poorly understood foreign trade zone program could help reduce their import costs, says James Grogan at FTI Consulting.
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How FTC Consumer Protection May Fare Under Reg Freeze
Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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Unpacking HHS' Proposal To Amend HIPAA Security Rule
While the U.S. Department of Health and Human Services' proposal to amend the Health Insurance Portability and Accountability Act's security rule could face scrutiny under the Trump administration, it reflects a clear concern over health data security and could push entities to implement operational changes, say attorneys at Sheppard Mullin.
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Expect Scrutiny Of Banks To Persist, Even Under Trump
Although the change in administrations brings some measure of uncertainty as to the nature of bank compliance oversight, if regulators in Washington, D.C., attempt to dilute the vigilance of federal superintendence, the states are waiting in the wings to fill the void, say attorneys at Polsinelli.
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Reg Waiver Eases Calif. Rebuilding, But Proceed With Care
California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.
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Trump's Energy Plans: Climate, Data Centers, LNG And More
With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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What To Do When ICE Shows Up At The Hospital
In light of recent executive orders and changes to enforcement directives permitting U.S. Immigration and Customs Enforcement agents to enter sensitive locations like hospitals, healthcare providers should understand how to balance compliance with existing health laws and patient care obligations, say attorneys at Davis Wright.
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Unpacking The Legal Foundation Of Trump's New Trade War
President Donald Trump's recent executive orders and proclamations regarding emergencies at the U.S. border are based on statutory powers enabling a president to address extraordinary external threats — and could be used to fend off legal challenges to the tariffs levied on Mexican and Canadian goods, says Chris Zona at Mandelbaum Barrett.
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.