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Public Policy
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January 21, 2025
No Recusal Needed After Clerk Barred From Cases, Panel Rules
The Pennsylvania Superior Court backed the rejection of the Cumberland County District Attorney's Office's request that the county president judge be excluded from hearing all criminal cases because of his law clerk's alleged aggressiveness toward attorneys, reasoning there was nothing in the record to show that the judge was biased.
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January 21, 2025
NJ Unveils Plans To Retool Congestion-Pricing Fight
Undeterred by the denial of its bid to temporarily halt New York City's controversial congestion toll pricing plan, the state of New Jersey has notified a federal judge that it plans to drop its Third Circuit appeal and pursue a new plan of attack in district court.
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January 21, 2025
Bondi Pledges To Consult DOJ Ethics Team On Trump Matters
Following last week's hearing for President Donald Trump's attorney general nominee, Democrats further questioned Pam Bondi on how she would maintain independence from Trump due to her past relationships with him.
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January 21, 2025
Justices Doubt Retailers Are 'Bystanders' In FDA Challenge
Several U.S. Supreme Court justices appeared to agree Tuesday that Texas and Mississippi retailers could join a North Carolina e-cigarette manufacturer in challenging the U.S. Food and Drug Administration's denial of its marketing application, and Justice Clarence Thomas questioned the agency's motivation to argue otherwise.
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January 21, 2025
Trump 2020 Electors, Criminally Charged, Can't Stop Civil Suit
A state appellate panel said a civil lawsuit could proceed against Michigan Republicans who allegedly participated in a "false elector" plot in 2020, finding a judge did not abuse her discretion by refusing to stay the case for related criminal proceedings.
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January 21, 2025
Victors In Landmark Graft Case Want 2nd Top Court Review
The defendants who won a landmark 2023 U.S. Supreme Court ruling that narrowed certain types of corruption prosecutions have asked the justices to intervene in their case again, claiming the Second Circuit had wrongly allowed the government to pursue new trials based on a different theory of fraud.
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January 21, 2025
Akin Beefs Up GOP Lobbying Roster In DC
The start of a second Trump administration and a Republican Party-controlled Congress has Akin Gump Strauss Hauer & Feld LLP deepening its lobbying and public policy practice with two advisers who have deep GOP connections.
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January 21, 2025
Colo. Fire Department Fails To Pay OT, Firefighters Say
A Colorado fire department fails to pay firefighters overtime wages and retaliated against three employees and fired one of them after they complained about the unlawful pay practices, a lawsuit filed in Colorado federal court said.
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January 21, 2025
Union Calls For Block To Trump's Federal Workers Order
President Donald Trump must halt efforts to enforce his executive order easing the process to fire certain federal employees, the National Treasury Employees Union argued in a lawsuit, claiming thousands of workers could be at risk of termination "for any reason including political agenda."
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January 21, 2025
New SEC Task Force Eyes 'Sensible' Crypto Regulations
A day after being appointed acting chairman of the U.S. Securities and Exchange Commission, Mark T. Uyeda on Tuesday launched a cryptocurrency task force to develop "a comprehensive and clear regulatory framework" for such assets.
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January 21, 2025
1st Circ. Affirms Hearst Win In Fired Worker's Vax Suit
The First Circuit has rejected a former Hearst videographer's argument that the broadcaster was obligated to prove the COVID-19 vaccine was effective in reducing the spread of the virus before firing him for not getting the shots.
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January 21, 2025
Trump Elevates Mark Christie To FERC Chairmanship
Republican Commissioner Mark Christie thanked President Donald Trump on Monday for appointing him to lead the Federal Energy Regulatory Commission, while touting his own emphasis on addressing the "reliability crisis."
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January 21, 2025
Advocates Vow Suits Over Trump Orders On LGBTQ+ Rights
An LGBTQ+ rights advocacy group succeeded in fighting executive orders issued during President Donald Trump's first term promised Tuesday to challenge his latest moves rolling back protections for transgender and nonbinary U.S. citizens.
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January 21, 2025
What IP Attorneys Need To Know From Trump's First Days
Since the Trump administration took over on Monday, a new acting director for the U.S. Patent and Trademark Office has been sworn in, federal workers have been mandated to return to working in person and the Biden administration's artificial intelligence executive order has been rescinded. Here's what IP attorneys should know.
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January 21, 2025
Dem States Challenge Trump's Birthright Citizenship Order
Eighteen Democratic-led states, the District of Columbia and the city of San Francisco filed a lawsuit in Massachusetts federal court on Tuesday challenging the constitutionality of President Donald Trump's executive order limiting birthright citizenship.
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January 21, 2025
EU Officials Still Committed To Global Tax Deal Without US
The European Union remains committed to the global tax deal signed by over 130 countries in 2021 even after President Donald Trump announced the U.S. would no longer participate in the agreement, according to EU officials speaking in Brussels on Tuesday.
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January 21, 2025
New Tariff Moves Still In Flux As Trump Retakes Office
President Donald Trump's first day in office did not yield the range of new tariffs he promised, though the president stressed that several actions are still under discussion, including sanctions against China regarding control of the popular social network TikTok.
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January 21, 2025
Trump Eyes Mass. Federal Prosecutor For US Atty In Boston
President Donald Trump plans to nominate Leah Foley to be Massachusetts' next U.S. attorney, elevating a longtime prosecutor in the office to the top spot after she had sought the job during Trump's first administration, Law360 has learned.
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January 21, 2025
Trump Orders Federal Workers Back To Office
On his first day back in the Oval Office, President Donald Trump ordered federal workers back to theirs.
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January 21, 2025
Immigrant Orgs Sue Trump Over Birthright Citizenship Order
An expectant mother and two immigrant advocacy organizations hit the Donald Trump administration with a midnight lawsuit in Massachusetts federal court in a bid to halt the president's executive order ending birthright citizenship in the United States.
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January 21, 2025
Justices Won't Review Pa. Ballot Envelope Dating Rule
The U.S. Supreme Court won't weigh whether Pennsylvania's rule requiring voters to write the date on the outside of mail-in ballots violates the Civil Rights Act, or whether the federal law's ban on disqualification based on "immaterial" errors applies only to voter registration, according to orders released Tuesday.
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January 21, 2025
Justices Won't Hear Montana Native Voting Order Dispute
The U.S. Supreme Court has declined to take up a petition by Montana's secretary of state that looked to undo a determination that two voting laws related to absentee voting hours and registration deadlines are illegal and hindered the rights of Native Americans to participate in the election process.
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January 20, 2025
Trump's Day 1 Immigration Actions: What You Need To Know
President Donald Trump issued a flurry of immigration-related executive orders Monday, declaring a state of emergency on the southern U.S. border, limiting birthright citizenship and closing the border entirely to new asylum-seekers.
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January 20, 2025
On Day 1, Trump Begins Dismantling Biden's Enviro Legacy
President Donald Trump signed a host of environmental executive orders shortly after taking office Monday, rolling back numerous Biden climate-related policies, including bans on Arctic drilling and the revocation of the Keystone XL Pipeline permit, while also nixing the federal government's net-zero emissions goals.
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January 20, 2025
Trump Ends Biden Moratorium That Limited LNG Exports
President Donald Trump on Monday lifted former President Joe Biden's moratorium on approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S., fulfilling a promise he made repeatedly on the campaign trail.
Expert Analysis
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A Look At PCAOB's Record-Breaking Enforcement In 2024
The Public Company Accounting Oversight Board in 2024 brought more enforcement actions against auditors and imposed increasingly higher monetary penalties, showing that it was not afraid to exercise its power to fine and reprimand firms, a trend that will likely continue in 2025, say attorneys at Briglia Hundley.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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The OIG Report: Preparing For Oversight In 2025
Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.
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What To Expect In Higher Ed Enforcement Under Trump
Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Takeaways From SEC's Mixed Results In '24 Crypto Litigation
Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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Reviewing The High Court's Approach To Free Speech Online
As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.
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Series
In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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What FARA Enforcement In 2024 Reveals For The Year Ahead
A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.
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How New Fraud Enforcement Tool Affects Gov't Contractors
Government contractors will likely face greater scrutiny under the recently enacted Administrative False Claims Act, which broadens federal agencies' authority to pursue low-dollar fraud claims, but contractors may also find the act makes settlement of such claims easier to negotiate, say attorneys at Wiley.
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Predicting What's Next For SEC By Looking At Past Dissents
While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.