Public Policy

  • January 13, 2025

    Amid Claims Of Agency Bias, DEA Judge Nixes Pot Hearings

    A Drug Enforcement Administration tribunal on Monday canceled planned hearings on the merits of a proposal to loosen federal restrictions on marijuana so that pro-rescheduling parties can bring their allegations of agency bias straight to the DEA's administrator.

  • January 13, 2025

    FERC Defends Limited Review Of Cross-Border Gas Pipeline

    The Federal Energy Regulatory Commission told the D.C. Circuit it properly confined its review of a gas pipeline that crosses the Texas-Mexico border to a 1,000-foot segment known as a border facility, arguing that regulating the entire U.S. segment would exceed the agency's authority.

  • January 13, 2025

    Texas Justices Probe State's Bid To Shutter Refugee Nonprofit

    The Texas Supreme Court appeared skeptical Monday that the state's attorney general has broad power under an anti-harboring law to shut down a religious nonprofit it claims illegally shelters unauthorized immigrants, with the justices probing how far that power extends.

  • January 13, 2025

    Colo. Justices Reject Co.'s Challenge To Storm Gas Bill

    Colorado's highest court on Monday rejected a building materials company's challenge to charges on its electric bill related to extra natural gas purchased ahead of a 2021 winter storm, finding the company presented no facts to back its claim that the charges amounted to an unconstitutional taking.

  • January 13, 2025

    Rail Group Rips FRA In 8th Circ. Waiver Battle

    The rail industry has told the Eighth Circuit that the Biden administration is flouting federal law by intentionally delaying decisions on waiver applications from railroads seeking to use new brake and track inspection technologies.

  • January 13, 2025

    Google Says Sanctions Bid In Texas Ad Tech Case Too Late

    Google has urged a Texas federal court to reject a bid for sanctions in the ad tech monopolization case being brought by state enforcers over the company's prior policy for retaining internal chats, arguing that the bid comes too late.

  • January 13, 2025

    Judge Says California Tribe Can't Block Casino Land Decision

    A California tribe can't block the Interior Department from taking 65 acres into trust for a fellow state tribe's proposed casino project, a federal district judge said, arguing that it has not satisfied the burden to prove an immediate threat of irreparable harm.

  • January 13, 2025

    Newsom Waives Permits, Enviro Rules To Rebuild LA Faster

    California Gov. Gavin Newsom in an executive order Sunday suspended state environmental rules and permitting in coastal areas, a move intended to help rebuild from wildfires causing extensive destruction in Los Angeles.

  • January 13, 2025

    Dissuading A Witness Is Grounds For Removal, 9th Circ. Says

    Immigration courts correctly ruled that an El Salvador citizen's conviction for dissuading a witness by force or threat in California qualified as an aggravated felony and grounds for removal, a Ninth Circuit panel said Monday.

  • January 13, 2025

    GPS Backup Would Serve Larger 'Ecosystem,' FCC Told

    A public safety tech company is throwing its weight behind a plan to license a chunk of the lower 900 megahertz band to launch a network that would back up the Global Positioning System, calling on the Federal Communications Commission to "advance this critical initiative."

  • January 13, 2025

    NY's $15 Broadband Price Cap To Take Effect Wednesday

    Internet service providers in New York won't be allowed to charge low-income households more than $15 for basic broadband service come Wednesday, after the U.S. Supreme Court declined to weigh in on a ruling upholding the Empire State's right to cap internet costs.

  • January 13, 2025

    FHWA Ends 'Buy America' Waiver For Manufactured Products

    The Federal Highway Administration on Monday finalized a rule ending a decades-long exception to "Buy America" domestic sourcing requirements for manufactured products used in federally funded highway projects, a change the agency said was intended to boost domestic manufacturing.

  • January 13, 2025

    NJ Groups Sue To Revoke Offshore Wind Farm Approvals

    A group of environmental and business organizations are alleging in New Jersey federal court that federal approvals awarded to a Shell-backed developer's offshore wind projects violate a number of environmental statutes, and they are looking to halt the construction of two offshore wind facilities located just under nine miles off the Garden State coast.

  • January 13, 2025

    NY Dispensaries Say Pot Agencies Broke Proximity Rules

    A group of four adult-use marijuana dispensaries are suing New York's cannabis regulators, aiming to vacate the issuance of licenses for four competing dispensaries that they say violate the state's 1,000-foot buffer between outlets.

  • January 13, 2025

    Manufactured Housing Groups Seek Early Win Against DOE

    Two manufactured-housing trade groups pushed for an early win in Texas federal court in their suit against the U.S. Department of Energy over an energy conservation rule for manufactured housing that the groups claimed failed to hit "a rational balance between energy conservation and affordable housing."

  • January 13, 2025

    Uber Says Colo. Pay Disclosure Law Infringes Free Speech

    Uber is suing Colorado state officials in Denver federal court, contending new driver earnings and service fee disclosure requirements violate the First Amendment by forcing commercial speech, adding that they will ultimately mislead the public about how much in fares the company retains.

  • January 13, 2025

    T-Mobile, UScellular Say Tie-Up Will 'Greatly' Amp Up Service

    T-Mobile and UScellular defended their $4.4 billion deal to combine wireless operations, telling the Federal Communications Commission that expanding the T-Mobile footprint will improve consumers' experiences around the country.

  • January 13, 2025

    FCC Monitoring For Wireless Outages Caused By LA Fires

    The Federal Communications Commission said Monday it was closely monitoring the effect of the Los Angeles wildfires on telecommunications networks and was granting tentative authority for providers to fill any gaps in service.

  • January 13, 2025

    AGs, Lobbyists Ask Justices To Keep Shell Co. Law Blocked

    The U.S. Supreme Court should deny the federal government's emergency application to stay a Texas district court's injunction on a law aimed at cracking down on crimes committed with shell companies, according to numerous state attorneys general and interest groups and a handful of small businesses.

  • January 13, 2025

    Interior Department Approves Ore. Tribal Casino Amid Lawsuit

    The U.S. Department of the Interior gave its final approval to Oregon's first off-reservation casino amid litigation that looked to block the project, ending a 13-year application process for the Coquille Indian Tribe.

  • January 13, 2025

    Tax Firm Asks Court To Ax Final IRS Microcaptive Rules

    A global tax services provider asked a Texas federal court to vacate finalized tax rules requiring the reporting of certain transactions involving captive insurance companies deemed as potentially abusive, arguing the guidance goes beyond the agency's authority.

  • January 13, 2025

    Mich. Pot Agency Says Processor Violated State Regulations

    Michigan's Cannabis Regulatory Agency has filed a formal complaint against a Mt. Morris cannabis processor, saying that it handled hemp isolate without having a license to do so.

  • January 13, 2025

    Trump Taps Gibson Dunn Partner For EPA's No. 2 Post

    President-elect Donald Trump said he intends to nominate David Fotouhi, a partner at Gibson Dunn & Crutcher LLP, to serve in the U.S. Environmental Protection Agency's No. 2 post during his administration.

  • January 13, 2025

    RFK Jr.'s Wash. Anti-Vax Suit Can't Get High Court Save

    The U.S. Supreme Court on Monday rejected Robert F. Kennedy Jr.'s bid for an emergency order to temporarily block a state of Washington medical board investigation into alleged anti-vaccine statements made by retired doctors.

  • January 13, 2025

    Sen. Warren To Grill Treasury Pick On Trump's Tax Agenda

    Sen. Elizabeth Warren, D-Mass., plans to ask Treasury secretary nominee Scott Bessent at his confirmation hearing in front of the Senate Finance Committee on Thursday about President-elect Donald Trump's tax agenda and plans for the Internal Revenue Service, according to a letter she sent the nominee.

Expert Analysis

  • Tips For Employers Facing Looming Immigration Changes

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    As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    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.

  • The Current State Of Play Around Corporate Transparency Act

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    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.

  • Predictions For Trump Antitrust Enforcement Of Life Sciences

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    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.

  • What To Know About Fla. Civil Procedure Rule Revisions

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    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.

  • From Football To Pickleball, Sports Investing Evolved In 2024

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    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.

  • Implications Of NY Climate Case For Generating Facilities

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    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.

  • How CFPB Rule Would Affect Data Brokers And Beyond

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    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.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    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.

  • Reviewing 2024's State Consumer Privacy Law Enforcement

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    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.

  • 5th Circ. Crypto Ruling Shows Limits On OFAC Authority

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    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.

  • Preparing For The New Restrictions On Investment Into China

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    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.

  • Opinion

    Congress Should Expand Investment Options For 403(b)s

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    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.

  • What 2024 Election Means For Drugs, Medicare And Medicaid

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    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.

  • AV Compliance Is Still A State-By-State Slog — For Now

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    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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