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Public Policy
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January 29, 2025
Trump's Commerce Nominee Backs Maximalist Tariff Approach
President Donald Trump's nominee to lead the U.S. Department of Commerce voiced support for an expansive use of tariffs Wednesday, repeatedly telling lawmakers that new levies should be imposed to correct the "disrespect" U.S. businesses face in overseas markets.
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January 29, 2025
White House Rescinds Trump's Spending Freeze
The White House on Wednesday rescinded a directive freezing federal funding, saying it wants to end litigation and confusion, but said the move will not end a review of spending to ensure compliance with a series of executive orders by the president.
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January 29, 2025
US Atty Will Resign From NC's Eastern District
U.S. Attorney Michael F. Easley Jr. of the Eastern District of North Carolina handed in his resignation Wednesday, making him the latest in a wave of Biden-nominated federal prosecutors to step down from their positions in the wake of President Donald Trump's return to the Oval Office.
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January 29, 2025
Ariz. House Bill Seeks Corporate Tax Rate Hike
Arizona would boost its corporate tax rate under legislation filed in the state House of Representatives.
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January 29, 2025
Defense Department's Top Atty To Join Hilton As GC
The former general counsel of the U.S. Department of Defense, who was the first woman confirmed by the Senate as CIA general counsel, is joining Hilton in March as its top attorney, the global hospitality company has announced.
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January 29, 2025
Trump Taps Sullivan & Cromwell For NY Hush Money Appeal
President Donald Trump tapped a new legal team to handle the appeal of his hush money conviction, filing a notice on the New York state court docket Wednesday signed by a team of Sullivan & Cromwell LLP attorneys.
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January 29, 2025
RFK Jr. Disputes Anti-Vax Label In HHS Confirmation Hearing
Robert F. Kennedy Jr. attempted Wednesday morning to convince Republican and Democratic lawmakers that he is not anti-vaccine, despite many of his past comments to the contrary, as he hopes to convince them to confirm his appointment as head of the U.S. Department of Health and Human Services.
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January 29, 2025
Pam Bondi's Nomination To Be AG Goes To Full Senate
The Senate Judiciary Committee voted 12-10 on Wednesday, along party lines, to send attorney general nominee Pam Bondi's nomination to the Senate floor.
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January 29, 2025
AI Art Needs Human Input For Copyrights, Gov't Report Says
Simply directing artificial intelligence platforms to make art, music, videos and other creative works is not enough for users of AI systems to be considered authors entitled to copyright protection, the U.S. Copyright Office said Wednesday in a report that's part of a broader agency initiative to explore legal issues raised by the revolutionary technology.
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January 28, 2025
Sen. Warren Has 'Serious Concern' Over Lutnick's Tether Ties
Sen. Elizabeth Warren, D.-Mass., has asked U.S. Secretary of Commerce nominee Howard Lutnick to provide more information on his involvement with the crypto firm Tether Ltd. Inc., saying his firm Cantor Fitgerald's stake in the success of a token allegedly favored by "outlaws" is cause for concern.
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January 28, 2025
Trade Groups Dial Up Push For Congress To Pass Privacy Law
A broad coalition of business trade groups on Tuesday called on the newly installed Congress to enact a national data privacy framework that would preempt state laws, arguing that the move was necessary to promote competition and boost consumer confidence in the current age of rapid technological innovation.
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January 28, 2025
CFPB, Bank Orgs Rebuff Intervention Bid In Data Rule Fight
In a moment of agreement, the Consumer Financial Protection Bureau and a group of banking trade groups pushed back on Tuesday against a bid to intervene by two advocacy groups in a suit over the CFPB's small business lending data rule.
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January 28, 2025
End To Third-Party Standing May Affect Ga. Civil Rights Suits
The Supreme Court of Georgia on Tuesday shut down a landowner's bid to sue her county on behalf of the would-be buyer of her property, declaring that Peach State courts will no longer recognize third-party standing as a means for plaintiffs to get in the courthouse's doors in a ruling experts say could have a wide effect on future civil rights cases.
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January 28, 2025
DC Circ. Says Gov't Made A Mess Pulling 9/11 Planners' Pleas
After four hours of oral arguments on the government's bid to yank back plea deals from a pair of 9/11 co-conspirators that had already been signed, the D.C. Circuit agreed on one thing Tuesday — that this was a problem that need never have landed on their laps.
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January 28, 2025
OPM Hit With Suit Asserting Email System Privacy Concerns
Two federal employees lodged a putative class action against the Office of Personnel Management in Washington, D.C., federal court challenging a new centralized messaging system, citing an online claim that agencies were instructed to send worker information to the OPM's new chief of staff, a former Elon Musk employee.
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January 28, 2025
Trump's Colombian Clash Could Boost China's Trade Appeal
President Donald Trump's trade tussle with Colombian President Gustavo Petro over repatriation flights could prove costly for the U.S. when it comes to building on economic relationships in Latin America, including by opening the door for China to capitalize.
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January 28, 2025
Boeing Supplier Seeks $583K Fees In Texas Biz Records Suit
A Boeing supplier, Spirit AeroSystems Inc., has asked a federal judge to approve over $583,000 in legal fees after it won a bid to shut down attempts by Texas state officials to examine its business records.
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January 28, 2025
New City Near Atlanta Survives Ga. Justices' Review
Georgia's Supreme Court on Tuesday rejected a legal challenge to a newly created city outside Atlanta, turning back an argument from disgruntled residents that a referendum's simultaneous creation of a special tax district alongside the city violated the state's constitution.
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January 28, 2025
Trump Targets Gender-Affirming Care For Minors In New Order
President Donald Trump ordered federal agencies late Tuesday to take steps to halt gender-affirming care for minors, including by cutting off Medicaid and military health coverage for what he called a "stain on our nation's history."
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January 28, 2025
19 Republican State AGs Press Costco To End DEI Policies
A group of nearly 20 Republican attorneys general is urging Costco to end its diversity, equity and inclusion initiatives in the wake of President Donald Trump's recent executive order encouraging companies to end them, criticizing the initiatives as "discriminatory" and saying they fly in the face of recent U.S. Supreme Court precedent.
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January 28, 2025
4th Circ. Raises Questions Over Health Data Access Order
A Fourth Circuit panel focused Tuesday on whether an exception to federal law barring electronic health record companies from blocking the exchange of patient data applies to a request from Real Time Medical Systems to access nursing home data from PointClickCare.
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January 28, 2025
Minn. AG Settles Novo Nordisk Insulin Claims With Price Cap
Minnesota's attorney general has reached a settlement resolving a long-running lawsuit accusing Novo Nordisk of inflating insulin prices, with the company agreeing to a $35 per month cap on out-of-pocket costs for state residents.
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January 28, 2025
Transgender Troops Challenge Trump's Military Ban
A group of current and prospective transgender service members sued the Trump administration in D.C. federal court on Tuesday over an executive order barring transgender troops from serving in the military, saying the order is unconstitutional.
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January 28, 2025
Wells Fargo Exits 2022 Order But Isn't Out Of CFPB Woods Yet
Wells Fargo announced Tuesday that it has wrapped up a Consumer Financial Protection Bureau consent order issued two years ago over its handling of auto loans, mortgages and deposit accounts, though the agency is cautioning that "serious issues" remain at the bank.
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January 28, 2025
DC Judge Doubts Lawfulness Of USCIS EB-5 Guidance
A D.C. federal judge expressed deep skepticism Tuesday that U.S. Citizenship and Immigration Services acted lawfully when the agency shortened the minimum investment period for foreign investors seeking green cards, outlining plans to toss the rule or pause a lawsuit challenging it pending rulemaking.
Expert Analysis
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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The Current State Of Play Around Corporate Transparency Act
Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.
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Predictions For Trump Antitrust Enforcement Of Life Sciences
Key life sciences antitrust issues of the past two administrations may indicate the direction of enforcement during President-elect Donald Trump's second term, including in areas such as drug prices, killer acquisitions and merger remedies, say attorneys at Ropes & Gray.
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What To Know About Fla. Civil Procedure Rule Revisions
While some may be apprehensive about the looming changes coming to Florida’s Rules of Civil Procedure on Jan. 1, these essential modifications that affect tenets of civil litigation long taken for granted will increase efficiency and streamline the litigation process, say attorneys at Farah & Farah.
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From Football To Pickleball, Sports Investing Evolved In 2024
The NFL's decision to allow private-equity investments in football franchises capped off a transformative year in U.S. sports that also included landmark PE transactions in emerging sports ranging from women's soccer to pickleball, say attorneys at Weil.
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Implications Of NY Climate Case For Generating Facilities
Regardless of how Greenidge Generation LLC v. New York Department of Environmental Conservation develops on remand, this decision has immediate repercussions for generating facilities seeking permit applications and renewals in New York, likely involving Climate Leadership and Community Protection Act considerations, say attorneys at Hodgson Russ.
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How CFPB Rule Would Affect Data Brokers And Beyond
The Consumer Financial Protection Bureau recently proposed a rule that would not only expand data broker oversight by classifying many as consumer reporting agencies, but would also impose new limitations on companies seeking to obtain information from them, potentially requiring such entities to alter their business models, say attorneys at Orrick.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Reviewing 2024's State Consumer Privacy Law Enforcement
While we are still in the infancy of state consumer privacy laws, a review of enforcement activity this year suggests substantial overlaps in regulatory priorities across the most active states and gives insight into the likely paths of future enforcement, says Thomas Nolan at Quinn Emanuel.
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5th Circ. Crypto Ruling Shows Limits On OFAC Authority
The Fifth Circuit's recent decision that immutable smart contracts on the Tornado Cash crypto-transaction software protocol are not "property" subject to Office of Foreign Assets Control jurisdiction may signal that courts can construe OFAC's authority more restrictively after Loper Bright, say attorneys at Morgan Lewis.
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Preparing For The New Restrictions On Investment Into China
In light of a new regulatory program governing U.S. investments in China-related technology companies of national security concern, investors should keep several considerations in mind, including the rules' effect on existing and new investments, compliance hurdles, and penalties for noncompliance ahead of the rules' January implementation, say attorneys at Gunderson Dettmer.
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Opinion
Congress Should Expand Investment Options For 403(b)s
Lawmakers should pass pending legislation to give 403(b) plan participants access to collective investment trusts, leveling the playing field for public sector retirement investors by giving them an investment option their private sector counterparts have had for decades, says Jason Levy at Great Gray Trust Company.
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What 2024 Election Means For Drugs, Medicare And Medicaid
With Republicans running the White House, U.S. House of Representatives and U.S. Senate, the incoming administration is likely to provide pathways — through new initiatives and others returning from Trump's previous presidency — for a range of potential changes to drug pricing, Medicare and Medicaid, say attorneys at Morgan Lewis.
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Opinion
Antitrust Posturing Against Algorithmic AI Should End
President-elect Donald Trump needs to rein in the federal government's antitrust crusade against algorithmic AI, sending the message that antitrust enforcement must be grounded in evidence and real harm, says attorney David Balto, a former Federal Trade Commission assistant director of policy and evaluation.