Public Policy

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.
January 17, 2025
Feds Say Pa. Investment Adviser Stole $20M From Clients

A Pennsylvania investment adviser's alleged misappropriation of more than $20 million worth of client funds has landed him criminal charges and civil enforcement action from U.S. Securities and Exchange Commission.
January 17, 2025
Up Next At High Court: Forum Shopping & TCPA Definitions

The U.S. Supreme Court will return to the bench Tuesday for a short argument session, during which the justices will consider the U.S. Food and Drug Administration's bid to limit forum shopping by manufacturers challenging agency decisions and how much deference district courts must give to Federal Communications Commission orders.

Expert Analysis

Series

Playing Esports Makes Me A Better Lawyer

Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
How Changes In State Gift Card Laws May Affect Cos. In 2025

2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
Health Tech Regulatory Trends To Watch In 2025

With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
Expect Continued Momentum For Nuclear Power In 2025

With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
An Associate's Guide To Career Development In 2025

As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
The Securities Litigation Trends That Will Matter Most In 2025

2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
Predicting The Lasting Changes CFPB May Face In 2025

President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.
5 Proactive Immigration Best Practices For Employers In 2025

Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.
2025 Patent And TM Policy At USPTO: What We Know So Far

This upcoming year at the U.S. Patent and Trademark Office promises a continued focus on artificial intelligence-related policies, as well as initiatives to drive efficiency and modernize standard processes, say attorneys at Knobbe Martens.
What To Watch For In The 2025 Benefits Landscape

While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
5 Antitrust Issues For In-House Counsel In 2025

Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.
Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
How White Collar Enforcement May Shift In Trump's 2nd Term

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

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

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.