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Public Policy
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February 04, 2025
Wash. Gov. Orders Look At Data Centers' Tax Revenue Impact
Washington's governor issued an executive order directing the state's Department of Revenue to create a work group to examine the impact of data centers on the state's tax revenue and economy and recommend policies to address tax revenue needs in relation to other priorities.
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February 04, 2025
Southern Glazer's Wants FTC Unfair Pricing Suit Canned
Southern Glazer's asked a California federal judge Monday to dismiss the Federal Trade Commission's first price discrimination lawsuit in 25 years, arguing that even if the "mistaken economic theory" undergirding it holds true, dissents from the FTC's Republicans illustrate why the case fails anyway.
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February 04, 2025
Docs Say DEA Didn't Put All Documents In Pot Hearing Record
A group of doctors who had petitioned to halt the Drug Enforcement Administration's hearings on whether to reschedule cannabis under the Controlled Substances Act are asking the D.C. Circuit to order the agency to add documents to the record that they say have been wrongly excluded.
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February 04, 2025
Trump Names Sen. Cruz Aide To Lead NTIA
The White House is nominating Arielle Roth, a top aide to Sen. Ted Cruz, R-Texas, and an outspoken critic of what she called the National Telecommunications and Information Administration's "woke social agenda," to head up the agency.
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February 04, 2025
DOJ Criminal Division Leader Joins White & Case's DC Shop
White & Case LLP announced on Tuesday it was growing its white collar team with the addition of partner Brent Wible, who told Law360 Pulse that it was time for him to step back into private practice following a five-year stint with the U.S. Department of Justice.
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February 04, 2025
Walmart Gets Arbitration In Fla. Delivery Fee Tax Fight
An accusation that Walmart unlawfully charged Florida customers sales tax on delivery fees will go to arbitration, a federal judge ruled Tuesday, saying shoppers agreed to arbitration when they accepted the terms of use of the retailer's website.
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February 04, 2025
Boeing Supplier Tells 5th Circ. To Ax Texas Biz Records Law
Boeing supplier Spirit AeroSystems Inc. cited U.S. Supreme Court precedent in urging the Fifth Circuit to uphold a lower court finding that a Texas statute requiring businesses to immediately comply with the state's demand to examine business records is facially unconstitutional.
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February 04, 2025
GOP Judge Too Late To Alter Election Rules, NC Court Told
A Republican judge is trying to retroactively change election rules in North Carolina by asking a trial court to throw out scores of ballots cast in his race for a seat on the state Supreme Court, according to his Democratic challenger and state election officials.
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February 04, 2025
FBI Agents, Workers Sue To Stop Trump's Threatened Purge
FBI staff members filed two suits against the Trump administration on Tuesday in D.C. federal court, seeking to stop the president from compiling a list of agents and employees who worked on investigations into the Jan. 6, 2021, insurrection and his retention and storage of classified documents.
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February 04, 2025
US Drops Out Early From UN Global Tax Convention Talks
The U.S. government will no longer participate in United Nations negotiations aimed at drafting a framework convention on international tax cooperation, intends to reject the outcome and welcomes other countries to join in its opposition, a U.S. diplomat said.
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February 04, 2025
NYC Mayor's Ex-Aide Seeks Wiretap Data As DA Investigates
Defense counsel for the former chief adviser to New York City Mayor Eric Adams on Tuesday pushed state prosecutors to expand access to evidence of alleged bribery tied to ongoing probes.
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February 04, 2025
Pa. Fines Allegheny Co. Contractor For Misclassified Workers
An Allegheny County contractor will pay $144,000 to settle claims from the Pennsylvania Department of Labor and Industry that it had misclassified nearly 200 workers, the department announced Monday.
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February 04, 2025
Doctors Org. Sues Over Health Agency Website Purges
An advocacy organization representing physicians sued the U.S. Office of Personnel Management in D.C. federal court Tuesday after it directed federal agencies to root out references to "gender ideology" on their websites — a move the physicians claim deprives doctors and researchers of needed information.
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February 04, 2025
Pa. Governor Puts Cannabis Legalization In Budget Proposal
Pennsylvania Gov. Josh Shapiro on Tuesday announced a plan to legalize recreational cannabis later this year as part of his budget proposal.
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February 04, 2025
Ex-Fed Adviser Charged With Espionage Called Flight Risk
Prosecutors told a D.C. federal judge on Tuesday that a former senior adviser to the Federal Reserve Board of Governors accused of stealing confidential data for China needs to be detained while he awaits trial due to his ample ability to flee the U.S.
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February 04, 2025
Attys Seek $1.25M From Shuttered Nursing School Settlement
Attorneys with the Connecticut boutique firm Hurwitz Sagarin Slossberg & Knuff LLC are seeking a 25% cut of a $5 million class action settlement for students whose career paths were sent spiraling by for-profit nursing school Stone Academy's sudden shutdown in February 2023.
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February 04, 2025
Holtzman Vogel Adds Election Law Talent In Arizona, Virginia
Holtzman Vogel Baran Torchinsky & Josefiak PLLC has hired six attorneys in offices across the United States, including some based in Arizona and Virginia who focus their practices on election and constitutional law issues.
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February 04, 2025
Trump Taps GOP Senate Staffer For Treasury Bank Policy Role
President Donald Trump on Monday nominated Luke Pettit, a senior adviser to Sen. Bill Hagerty, R-Tenn., and former Federal Reserve policy analyst, to become the U.S. Department of the Treasury's top bank policy official.
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February 04, 2025
Dem School Advocate Says Bias Complaints Led To Firing
The former Massachusetts director of a pair of Democratic educational advocacy groups said she was subjected to retaliatory criticism and then fired after raising concerns about a new CEO's treatment of women and decision to partner with a conservative organization.
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February 04, 2025
China Hits US Energy Goods With Retaliatory Tariffs
China on Tuesday slapped tariffs on U.S. coal, crude oil and liquefied natural gas as part of its retaliation against additional tariffs on Chinese goods imposed by President Donald Trump.
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February 04, 2025
Party-Line Vote Sends Kennedy's HHS Nomination To Senate
Robert F. Kennedy Jr.'s nomination to be the nation's top healthcare official cleared a key confirmation hurdle on Tuesday, setting the stage for the anti-vaccine lawyer and activist to take the helm of the U.S. Department of Health and Human Services.
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February 03, 2025
Google Fights Uphill To Scrap Antitrust Verdict At 9th Circ.
A Ninth Circuit panel appeared skeptical on Monday of Google's bid to throw out Epic Games' antitrust trial win and injunction requiring Google to open its Play Store to rivals following Epic Games' partial antitrust loss against Apple, with each judge doubting that the Apple ruling is necessarily preclusive.
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February 03, 2025
Maryland Kids' Privacy Law Latest To Face Legal Challenge
Tech industry group NetChoice on Monday added to its growing list of lawsuits contesting the constitutionality of kids' online safety laws around the country, filing an action against a recently enacted Maryland law that it claims would force online platforms to act as "a digital speech police."
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February 03, 2025
DOJ Creates Multiagency Task Force Targeting Antisemitism
The U.S. Department of Justice announced Monday that it is putting together a multi-agency task force to investigate and prosecute antisemitic crimes, including harassment in schools and on college grounds, in response an executive order issued last week by President Donald Trump.
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February 03, 2025
Texas' Bid To Launch Stock Exchange Moves Forward
As the owner of the new Texas Stock Exchange LLC gears up to begin trading by next year, capital markets attorneys are closely watching how the company plans to penetrate a market long dominated by two New York-based juggernauts.
Expert Analysis
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How 2025 NDAA May Affect DOD Procurement Protests
A bid protest pilot program included in the 2025 National Defense Authorization Act shifts litigation costs onto unsuccessful bid protesters and raises claim-filing thresholds, which could increase risks to U.S. Department of Defense contractors who file protests, and reduce oversight of DOD procurement awards, say attorneys at Venable.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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What Broker-Dealers Must Know Before Selling Bitcoin ETPs
Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.
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Opinion
A Federal Insurance Mandate For Private Aviation Is Overdue
A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.
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Updated FWS Regs Will Streamline Right-Of-Way Permitting
Although the U.S. Fish and Wildlife Service's final rule covering rights-of-way across lands administered by the service will bring increased up-front fees and stricter permit terms and conditions, it also provides a clearer application process and should reduce permitting delays and total costs, say attorneys at Holland & Hart.
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Cyber Disclosure Is A Mainstay In 2025 SEC Exam Priorities
Despite a new administration and a new U.S. Securities and Exchange Commission chair incoming, the SEC's 2025 examination priorities signal that cybersecurity disclosures and risk management practices will remain important due to the growing threat of cyberattacks, says Anjali Das at Wilson Elser.
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Reviewing 2024's Evolving EdTech Privacy Regulations
Lawmakers are trying to keep up with the privacy and security risks of the increasingly prevalent education technology, with last year's developments including the Federal Trade Commission's proposed amendments to the Children's Online Privacy Protection Act, and the U.S. Senate passing two new children's privacy acts, say attorneys at McDermott.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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Patent Policy Changes To Track Under New Gov't Leadership
The new federal government will likely bring pivotal shifts in U.S. patent policy through legislation and initiatives that reflect a renewed focus on strengthening intellectual property rights, fostering innovation and enhancing the nation's competitive edge, says PK Chakrabarti at Butzel Long.
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How Trump Presidency May Influence NLRB's Next Phase
Attorneys at Paul Hastings discuss how last year’s key National Labor Relations Board developments may progress once President-elect Donald Trump takes office, including the wave of lawsuits challenging the board’s constitutionality and two landmark board decisions that upset decades of precedent.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q4
Douglas Thompson at Snell & Wilmer highlights a number of recent and pending issues, actions and potentially pivotal federal regulatory and legislative developments on deck that will affect California banks and financial institutions.
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Opinion
Congress Should Finally Add Clarity To Section 101
With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.
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Hydrogen Regs Will Provide More Certainty — If They Survive
Newly finalized regulations implementing the Section 45V clean hydrogen tax credit allow producers more flexibility, and should therefore help put the industry on more solid footing — but the incoming Trump administration and Republican Congress will have multiple options for overturning or altering the regulations, say attorneys at Steptoe.
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Top 10 Noncompete Developments Of 2024
Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.