Public Policy

  • March 18, 2025

    Indiana AG Seeks To Strike Testimony About Hemp Legality

    Indiana officials have urged a federal judge to reject expert testimony on the federal legality of hemp and hemp-derived cannabinoids from a pending legal battle over the state's crackdown on delta-8 THC products.

  • March 18, 2025

    NIH Avoids Contempt In Trans Case Despite Judge's Criticism

    A federal judge said there is no clear evidence that the National Institutes of Health's revoking a Washington hospital's research grant violated her order blocking President Donald Trump's efforts to cut funding for gender-affirming care for young people, but the judge chastised the administration for its "narrow and self-serving view" of what makes up care.

  • March 18, 2025

    Md. Judge Says USAID Dismantling Is Likely Unconstitutional

    A Maryland federal judge on Tuesday ruled that Elon Musk and his Department of Government Efficiency likely violated the U.S. Constitution "in multiple ways" in their drive to dismantle the U.S. Agency for International Development.

  • March 18, 2025

    Ga. School District, Mother Of Suicide Victim End Lawsuit

    A Georgia school district and a mother have agreed to end a legal dispute over claims the district did not do enough to stop the bullying that allegedly led to her son's suicide, according to a stipulation of dismissal filed in federal court.

  • March 18, 2025

    FCC Quarterly Subsidy Rate Should Be Zero, Group Says

    The Federal Communications Commission should set the fee that telecom companies have to pay to fund the agency's telecom subsidy system to zero for the next quarter, says a group that is in the middle of challenging the agency's right to collect those fees at all.

  • March 18, 2025

    Trump Admin Asks 4th Circ. To Halt Employee Rehiring Order

    The Trump administration on Monday evening asked the Fourth Circuit for an emergency stay of a Maryland federal judge's restraining order requiring the reinstatement of probationary employees who were fired from 18 federal agencies, saying the suing states don't have standing to represent the fired workers.

  • March 18, 2025

    Judge Sets Deadline For DOJ Answers On Deportation Flights

    U.S. Chief District Judge James Boasberg gave the Trump administration until Wednesday at noon to provide more details about deportation flights that may have violated his order halting the deportations of alleged Venezuelan gang members.

  • March 18, 2025

    Deere & Co. Attacks FTC's Right-To-Repair Suit As 'Vague'

    Farm machinery manufacturer Deere & Co. is asking an Illinois federal court to nix the Federal Trade Commission's right-to-repair suit, arguing that the company doesn't operate in or exclude others from the equipment repair market, and that the FTC lacks the constitutional authority to sue, among other failings.

  • March 18, 2025

    10th Circ. Judge Probes Colo. On Opt-Out Law's Lender 'Focus'

    A Tenth Circuit judge asked Colorado how it can claim that an interest rate opt-out provision hinges on a borrower's location when "it's pretty clear" the statute it falls under is focused on lenders, at a hearing Tuesday in banking groups' challenge to a state law capping interest rates on consumer lending.

  • March 18, 2025

    Enbridge, Whitmer Spar Over Immunity In Line 5 Lawsuit

    A lawyer for Michigan's governor faced tough questioning Tuesday from a three-judge Sixth Circuit panel considering her request to toss Enbridge Energy LP's lawsuit over the Line 5 pipeline, though a judge also suggested that the company's requested relief in the case was "extraordinarily broad."

  • March 18, 2025

    Army Corps' Permit For Offshore Fish Farms Is Voided

    A Washington federal court judge set aside as unlawful a U.S. Army Corps of Engineers' nationwide permit intended to speed up offshore aquaculture through the construction of industrial-size facilities in federal ocean waters off the country's eastern and western coasts.

  • March 18, 2025

    Conn. Murder Exoneree Asks Civil Rights Jury For $50M

    A Connecticut exoneree on Tuesday urged a federal jury to award more than $50 million — or $5,000 per day — for the three decades he spent behind bars for a 1985 murder, arguing two town cops ignored cracks in the case almost from the beginning.

  • March 18, 2025

    Ill. Senator Fights Gov't's Plan For Bribery Trial Recordings

    An Illinois state senator headed to trial on federal bribery charges argued Tuesday that the court should preserve his Sixth Amendment rights and block prosecutors from presenting evidence of prerecorded conversations involving a late former colleague who'd previously admitted to participating in a similar scheme.

  • March 18, 2025

    Duke Energy Says NC Town Can't Pin Climate Harms On It

    Duke Energy Corp. has asked a North Carolina state court judge to dismiss a town's lawsuit accusing the company of a decades-long "deception campaign" about climate change.

  • March 18, 2025

    Texas Bills To Watch After The 2025 Filing Deadline

    The Texas Legislature has a busy session ahead after lawmakers filed just under 10,000 bills covering an array of topics, from artificial intelligence to abortion, ahead of a deadline that marked its last chance to propose new legislation for the Lone Star State.

  • March 18, 2025

    Pa. Lawmakers Push For State-Level Net Neutrality Rules

    Federal net neutrality rules died in appeals court this winter, but a pair of Pennsylvania lawmakers are pushing to see similar regulations enacted in their place at the state level.

  • March 18, 2025

    DC Circ. Seems Divided Over Firings Of Agency Officials

    A D.C. Circuit panel on Tuesday questioned whether nearly century-old U.S. Supreme Court protections for some federal agency officials cover members of the Merit Systems Protection Board and National Labor Relations Board.

  • March 18, 2025

    FCC Dem Starks To Step Down This Spring

    The longest-serving Democrat on the Federal Communications Commission, Geoffrey Starks, said Tuesday he will resign the post sometime this spring.

  • March 18, 2025

    Trump Hasn't Asked IRS For Immigrants' Tax Info, Gov't Says

    The IRS hasn't received any requests from President Donald Trump for immigrants' tax return information and hasn't released any such information to the U.S. Department of Homeland Security, the government told a D.C. federal court in opposing a restraining order sought by immigrant rights groups.

  • March 18, 2025

    DC Circ. Gives FERC Chance To Redo LNG Project Approvals

    The D.C. Circuit Tuesday said it would allow the Federal Energy Regulatory Commission to fix problems in its reauthorizations for two natural gas projects in Texas, revising an August 2024 decision vacating the reauthorizations altogether after the commission said President Donald Trump's revocation of environmental orders should clear them.

  • March 18, 2025

    Ohio Appeals Court Blocks Trans Care Restrictions

    An Ohio state appeals court on Tuesday ruled that a portion of a state law restricting gender-affirming care for transgender youth was unconstitutional, overturning a county court judge's decision siding with the state. 

  • March 18, 2025

    Trump Fires FTC's Democrats, But Both Vow To Fight

    President Donald Trump fired the Federal Trade Commission's two Democrats on Tuesday, a move the commissioners vowed to fight and that further tees up the brewing legal battle over separation between the White House and independent agencies.

  • March 18, 2025

    NRC Says Texas Reactor Licensing Suit Is In The Wrong Court

    The U.S. Nuclear Regulatory Commission wants a Texas federal judge to toss a lawsuit claiming the agency doesn't have the authority to license small-scale nuclear reactors, saying not only is the suit meritless, but it was also brought in the wrong court.

  • March 18, 2025

    States Oppose Term In Sandoz Price-Fixing Deal With Fla.

    State enforcers still locked in price-fixing litigation against generic-drug maker Sandoz are raising objections to a cap on what they could win through settlements in Florida's recent agreement with the company, telling the Connecticut federal judge weighing approval that it would block or delay potential settlements of their own.

  • March 18, 2025

    Conn. Coalition Can't Challenge Pot Shop Zoning Approval

    A Connecticut state judge has thrown out a challenge by a group of Stamford residents appealing the city zoning board's approval of a cannabis shop location, finding neither the coalition nor its individual members have shown they have standing.

Expert Analysis

  • Emphasize Social Spaces During RE Project Public Review

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    As Boston continues to work through revisions to its public review process for real estate projects, developers attempting to balance impact mitigation and community improvements may benefit from emphasizing the ways in which development plans can facilitate open social exchange, says David Linhart at Goulston & Storrs.

  • What NHTSA's Autonomous Vehicle Proposal Means For Cos.

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    The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.

  • Preparing For Stricter Anti-Boycott Enforcement Under Trump

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    Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.

  • Opinion

    New DOJ Leaders Should Curb Ill-Conceived Prosecutions

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    First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.

  • Tips For Pharma-Biotech Overlap Reporting In New HSR Form

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    While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • A Look At Drug Price Negotiation Program's Ongoing Impact

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    More than two years after the passage of the Inflation Reduction Act and the rapid implementation of the drug price negotiation program, attorneys at Ropes & Gray discuss how the IRA has influenced licensing strategies, and how maximum fair prices under the law have economically affected certain drugs.

  • Opinion

    Congress Must Consider Accurate Data About Patent Thickets

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    If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports — such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.

  • Aviation Watch: Litigation Liabilities After DC Air Tragedy

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    While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.

  • 5 Key Takeaways From Energy Secretary's Confirmation

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    The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.

  • What Day 1 Bondi Memos Mean For Corporate Compliance

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    After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • SEC Motion Response Could Reveal New Crypto Approach

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    Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.

  • What Employers Should Know For Next Round Of H-1B Filings

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    With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.

  • What Contractors Can Do To Address Material Cost Increases

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    In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.

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