Public Policy

  • February 13, 2025

    House Dems Push Against GOP's Proposed Tax Cuts

    House Budget Committee Republicans on Thursday passed a resolution that would allow for the passage of up to $4.5 trillion in tax cuts and the repeal of the Inflation Reduction Act.

  • February 13, 2025

    More CFPB Employees Axed As Union Presses For Injunction

    The Trump administration moved late Thursday to slash more of the Consumer Financial Protection Bureau's workforce, initiating another round of layoffs shortly after lawyers for the agency's union petitioned a D.C. federal court for an emergency injunction to prevent it.

  • February 13, 2025

    9th Circ. Panel Doubts SEC's 'Gag Rule' Violates Free Speech

    A Ninth Circuit panel on Thursday appeared to doubt a First Amendment challenge to the U.S. Securities and Exchange Commission's "gag rule" that settling parties cannot deny allegations against them, as each judge noted that the agreements are voluntary.

  • February 13, 2025

    DeepSeek's Rapid Rise Adds Fuel To AI Policy Push

    Chinese startup DeepSeek has made waves globally with an artificial intelligence chatbot app that it claims to have made more efficiently than its competitors, but experts say its quick ascent is likely to accelerate efforts to broadly regulate data privacy and national security risks presented by the emerging technology. 

  • February 13, 2025

    Fed. Unions' New Suit Fights Layoffs, Resignation Incentive

    A second group of unions representing federal workers has challenged the Trump administration's attempt to shrink the federal workforce through layoffs and a resignation incentive program, telling a D.C. federal judge that the executive branch's actions violate separation-of-powers principles because Congress largely controls federal agencies.

  • February 13, 2025

    DOD Says Injunction Isn't Needed In Transgender Ban Suit

    The U.S. Department of Defense has urged a D.C. federal judge to deny a preliminary injunction in a challenge to an executive order effectively barring transgender troops from serving in the military, saying the motion is premature and unlikely to succeed.

  • February 13, 2025

    Wash. Justices Wary Of Pay Transparency Law Stances

    Washington's highest court grilled attorneys on both sides of a debate over state pay transparency law on Thursday, with some justices suggesting the employer's stance put too much onus on workers while another expressed doubt the protections should extend to people who apply for jobs they have no chance to get.

  • February 13, 2025

    Bus Co. Sues NYC For 'Frivolous' Migrant Busing Suit

    Roadrunner Charters told the Southern District of New York that New York City's complaint seeking $708 million from it and 16 other charter bus companies for transporting migrants from Texas to New York was "unprecedented and frivolous," and violated its constitutional rights. 

  • February 13, 2025

    Apple Pushes DC Circ. To Intervene In Google Remedies Case

    Apple has urged the D.C. Circuit to undo a district court order barring the company from intervening in the U.S. Justice Department's remedies case against Google, arguing it moved with all speed to step in when it saw a government proposal "designed to force Apple to develop its own general search engine."

  • February 13, 2025

    Tax Atty's Firing Not Due To Husband's Testimony, Judge Says

    A man failed to prove that his testimony against a Connecticut Department of Revenue Services official during a state legislative hearing cost his high-level tax attorney wife her job, a federal judge has ruled, issuing a win to two agency leaders.

  • February 13, 2025

    Senate Dems Say FCC Looking To 'Punish' Broadcasters

    A trio of Senate Democrats wrote to Republican leaders on the Federal Communications Commission questioning recent agency decisions they said "appear politically motivated and designed to punish, censor or intimidate" broadcasters.

  • February 13, 2025

    Ga. Sheriff Must Face $11M Excessive Force Suit, Judge Says

    A Georgia federal judge on Thursday refused to dismiss a suit against a county sheriff accused of using excessive force against a man who says he was wrongly arrested for groping the lawman's wife, finding qualified immunity does not apply.

  • February 13, 2025

    Exec Cops To Conspiring To Overbill Gov't In Station Project

    A former executive for a masonry contractor involved in the multimillion-dollar restoration of Philadelphia's historic 30th Street Station has admitted to a scheme that involved bribing an Amtrak employee to overcharge the federal government $2 million for the project, the U.S. Attorney's Office in Philadelphia said Thursday.

  • February 13, 2025

    Madigan Verdict Caps Stunning Fall For Powerful Chicago Pol

    Former Illinois House Speaker Michael Madigan's conviction Wednesday on bribery and wire fraud charges marked a stunning fall from grace for a man who was the longest-serving legislative leader in the country and who wielded considerable influence in the state and the city of Chicago for decades.

  • February 13, 2025

    USAID Workers Sue Over Legitimacy Of Musk, DOGE Actions

    More than two dozen U.S. Agency for International Development workers sued billionaire and Tesla CEO Elon Musk and his Department of Governmental Efficiency on Thursday, arguing that their actions taking control of various federal agencies are unconstitutional. 

  • February 13, 2025

    Wash. Justices Say Cops At Jan. 6 Riot Can't Stay Incognito

    The Washington State Supreme Court on Thursday said four Seattle police officers who attended the Jan. 6 "Stop the Steal" mayhem in D.C. can't litigate their privacy claims under John Doe pseudonyms as the justices rejected their claim that their identities should be shielded under the state's public records law.

  • February 13, 2025

    GOP Lawmakers Seek To Vacate CFPB Overdraft Rule

    Top U.S. House and Senate Republicans introduced legislation on Thursday to repeal the Consumer Financial Protection Bureau's $5 overdraft fee rule, a move that could help ensure big banks retain more regulatory flexibility to charge higher amounts.

  • February 13, 2025

    Boeing, DOJ Want More Time To Rework 737 Max Plea Deal

    The U.S. Department of Justice and The Boeing Co. told a Texas federal judge on Thursday that they need another month to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, saying new senior DOJ officials are still being briefed on a potential new deal.

  • February 13, 2025

    Walmart Says CFPB Suit Should Wait Amid Agency Chaos

    Walmart and fintech company Branch Messenger Inc. asked a Minnesota federal judge to stay the Consumer Financial Protection Bureau's enforcement case over allegedly mandatory deposit accounts for delivery drivers until policymakers untangle the agency's role under the Trump administration.

  • February 13, 2025

    Judge Extends Restraining Order On USAID Gutting

    A D.C. federal judge extended his temporary restraining order barring USAID from placing thousands of employees on administrative leave for another week on Thursday, saying he needed more time to rule on the plaintiff employees unions' preliminary injunction request to stop the agency's overhaul while the case proceeds.

  • February 13, 2025

    SafeMoon CEO's Trial Not Delayed By Crypto Policy Shifts

    A Brooklyn federal judge has declined to delay the late March start to a trial for the CEO of bankrupt cryptocurrency asset company SafeMoon LLC despite the executive's arguments that recent crypto policy shifts could cut the securities fraud charge from the counts against him.

  • February 13, 2025

    Ore. Cannabis Labor Pact Law Is Unconstitutional, Cos. Say

    An Oregon state law requiring businesses to have labor peace agreements with unions in order to obtain a license is preempted by federal labor law and violates the 14th Amendment, two cannabis companies argued as they urged a federal court to block enforcement of the law.

  • February 13, 2025

    Packaging Co. To Pay $6.25M Over Shuttered NC Paper Mill

    Food and beverage packaging company Pactiv Evergreen has agreed to pay $6.25 million to settle the state of North Carolina's lawsuit seeking to recoup $12 million in financial incentives to keep a local mill operating in the town of Canton, after suddenly closing its facility in 2023.

  • February 13, 2025

    Trump Ally Seeks To Limit Judges' Sway Over White House

    A conservative legal group run by an ally of President Donald Trump is working on legislation to restrain judges that it deems politicized, in the wake of rulings against the Trump administration's actions.

  • February 13, 2025

    Trump Reciprocal Tariff Plan Could Spur Supply 'Nightmares'

    The U.S. will explore imposing reciprocal tariffs that equal rates levied by other countries importing American products, President Donald Trump announced Thursday, a move some experts worry will lead to "compliance nightmares" and COVID-level disruptions to supply chains.

Expert Analysis

  • Expect Continued Antitrust Enforcement In Procurement

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    The scope of federal antitrust enforcement under the second Trump administration remains uncertain, but the Procurement Collusion Strike Force, which collaborates with federal and state agencies to enforce antitrust laws in the government procurement space, is likely to remain active — so contractors must stay vigilant, say attorneys at Ballard Spahr.

  • Takeaways From Oral Argument In High Court Trademark Case

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    Unpacking oral arguments from Dewberry Group v. Dewberry Engineers, which the U.S. Supreme Court is expected to rule on this year, sheds light on the ways in which the decision could significantly affect trademark infringement plaintiffs' ability to receive monetary damages, say attorneys at Buchanan Ingersoll.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • What Banks Need To Know About Trump's Executive Orders

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    While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.

  • How SDNY US Atty Nom May Shape Enforcement Priorities

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    President Donald Trump’s nominee for U.S. attorney in the Southern District of New York, former U.S. Securities and Exchange Commission Chair Jay Clayton, will likely shift the office’s enforcement priorities, from refining whistleblower policies to deemphasizing novel prosecutorial theories, say attorneys at Cohen & Gresser.

  • How FAR Council's Proposal May Revamp Conflicts Reporting

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    The Federal Acquisition Regulatory Council's recent proposal for updating organizational conflict of interest rules includes some welcome clarifications, but new representation and disclosure obligations would upend long-standing practices, likely increase contractors’ False Claims Act risks, and necessitate implementation of more complex OCI compliance programs, say attorneys at Wiley.

  • Emerging Energy Trends Reflect Shifting Political Landscape

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    As the Trump administration settles in, some emerging energy industry trends, like expanded support for fossil fuel production, are right off of its wish list — while others, like the popularity of Inflation Reduction Act energy tax credits, and bipartisan support for carbon capture, reflect more complex political realities, say attorneys at Greenberg Traurig

  • 4 Potential Effects Of 3rd Circ.'s Coinbase Ruling

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    The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.

  • Applying ABA Atty Role Guidance To White Collar Matters

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    The American Bar Association’s recently published guidance, clarifying the duties outside counsel owes to both organizational clients and those organizations' constituents, provides best practices that attorneys representing companies in white collar and other investigative matters should heed, say attorneys at MoFo.

  • What Trump Admin's Anti-DEI Push Means For FCA Claims

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    President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.

  • Pete Seeger's Lessons For 2025 Congressional Investigations

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    The constitutional invalidation of singer Pete Seeger's contempt of Congress conviction serves as a reminder for the 119th Congress to focus its investigations on the details, instead of committee member motivations, says Matthew Miller at Foley Hoag.

  • As EPA Backs Down, Expect Enviros To Step Up Citizen Suits

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    As President Donald Trump's U.S. Environmental Protection Agency draws down federal enforcement efforts, environmental groups will step into the void and file citizen suits — so companies should focus on compliance efforts, stay savvy about emerging analytical and monitoring methods, and maintain good relations with neighbors, say attorneys at Beveridge & Diamond.

  • CFPB's Message To States Takes On New Weight Under Trump

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    The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.

  • What's Next For State Regulation Of Hemp Cannabinoids

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    Based on two recent federal court cases that indisputably fortify broad state authority to regulate intoxicating hemp cannabinoid products, 2025 will feature continued aggressive state regulation of such products as industry stakeholders wait for Congress to release its plans for the next five-year Farm Bill, say attorneys at Foley Hoag.

  • What Companies Should Consider During FCPA Pause

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    While waiting for updated guidance on Foreign Corrupt Practices Act criminal investigations after a Feb. 10 executive order froze FCPA enforcement, companies should consider the implications of several possible policy shifts, rather than relaxing internal oversight of questionable business practices, say attorneys at Simpson Thacher.

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