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Public Policy

  • June 02, 2025

    Ill. Budget Increases Taxes On Tobacco, Online Sports Books

    Illinois' Democratic-controlled General Assembly passed a $55 billion budget for fiscal 2026, including about $800 million in targeted tax hikes on tobacco, vaping and online sports betting.

  • June 02, 2025

    Texas Bill Aimed At Curbing Juries' Injury Verdicts Fails

    A controversial bill that would have limited jury awards for injured Texans died Sunday after the two branches of the Texas Legislature couldn't hash out differences in the bill's language.

  • June 02, 2025

    8th Circ. OKs Nix Of Suit On Iowa's Quitting Of COVID Benefits

    The Eighth Circuit backed the dismissal of a proposed class action claiming Iowa violated workers' rights by prematurely pulling out of federal pandemic unemployment assistance programs, ruling Monday that the benefits they sought weren't protected by the U.S. Constitution.

  • June 02, 2025

    Dominion Opposes Cable Plan To Ease Utility Pole Fixes

    Dominion Energy is again criticizing a telecom industry proposal meant to expedite the process for putting communications attachments on utility poles, saying the telecom trade association behind the push is conflating simpler work lower on poles and more dangerous work above the space on poles where communications lines typically go.

  • June 02, 2025

    CFPB, Banks Move In For Kill Of Biden-Era Open Banking Rule

    The Consumer Financial Protection Bureau and a coalition of banking trade groups have separately pushed to toss the agency's Biden-era open banking rule, with the CFPB now contending the data-sharing mandate exceeded its legal authority and the banks calling the regime burdensome, irrational and unlawfully vague.

  • June 02, 2025

    Justices' Rail Order Irrelevant To Merger Row, DC Circ. Told

    Chicago suburbs challenging federal approval of Canadian Pacific's merger with Kansas City Southern urged the D.C. Circuit on Monday to pay no heed to the U.S. Supreme Court decision restricting government environmental reviews, arguing their own case challenges "other" deficiencies in addition to a failed consideration of broader climate impacts.

  • June 02, 2025

    Justices Urged To Reject Bid Disputing IRS Crypto Summons

    The U.S. Supreme Court should not take up the case of a bitcoin investor who claimed the IRS violated his privacy when it seized his records from the cryptocurrency exchange, the government argued, saying the case is a poor vehicle for addressing concerns about digital-era transactions.

  • June 02, 2025

    Mass. AG Fines Restaurant $1.8M For Illegal Tip Pool

    A Japanese restaurant will pay more than $1.8 million to resolve an investigation into its requirement that service workers share their tips with managerial employees, the Massachusetts attorney general announced Monday.

  • June 02, 2025

    Feds To Face Discovery, Trial In Free-Speech Removals Case

    A Massachusetts federal judge on Monday denied the Trump administration's bid to foreclose discovery and a July 7 bench trial in a free-speech lawsuit by academic organizations challenging deportations of some of their members apparently based on their pro-Palestinian views.

  • June 02, 2025

    Third Round Of Fixes Sought In Botched Calif. Bar Exam

    The California state bar's committee of bar examiners has approved two additional remedies in an effort to help applicants who failed the troubled February exam, including asking the state Supreme Court to approve a further scoring adjustment that would bring the passing rate up to about 63%.

  • June 02, 2025

    Feds Want 12½ Years For Ex-Ill. Speaker Convicted Of Bribery

    Prosecutors are urging an Illinois federal judge to sentence former state House Speaker Michael Madigan to prison for 12½ years for bribery, conspiracy and fraud, saying his conduct adds "another sordid chapter to Illinois' storied reputation of corruption" while Madigan, armed with more than 200 letters of support, seeks only probation.

  • June 02, 2025

    Justices Want Gov't View On Duke Energy Monopoly Suit

    The U.S. Supreme Court asked the Solicitor General on Monday to provide the government's view on a ruling that revived antitrust claims accusing Duke Energy of squeezing a rival out of the power market in North Carolina.

  • June 02, 2025

    Conn. Hospital's $8.3M Bonus Claims Fail, State Says

    Connecticut Children's Medical Center Inc. has not provided a sufficient legal basis to pursue two of three claims in a lawsuit alleging that it should have received an $8.3 million performance-based bonus for 2022, the state Department of Social Services said in a motion seeking to nix the counts.

  • June 02, 2025

    Retired Judges Call Wis. Judge's Prosecution 'Dangerous'

    The Trump administration's prosecution of a Wisconsin state judge who refused to help immigration agents arrest an undocumented immigrant is an "extraordinary and direct assault on the independence of the entire judicial system," according to a bipartisan group of 138 former state and federal judges.

  • June 02, 2025

    FERC 'Never' Considered Costs Of NW Pipeline, 5th Circ. Told

    The state of Washington told a Fifth Circuit panel Monday that the Federal Energy Regulatory Commission " never rationally considered what the true costs" were for a TC Energy Corp. pipeline expansion project in the Pacific Northwest.

  • June 02, 2025

    Feds Want National Security Atty's Clearance Suit Tossed

    The White House told a D.C. federal judge that granting and revoking security clearances is up to the executive branch alone, urging the court to toss national security lawyer Mark S. Zaid's challenge to the stripping of his clearance.

  • June 02, 2025

    DHS To Waive Environmental Laws For Border Wall In Arizona

    The U.S. Department of Homeland Security on Monday said it will waive a slew of environmental laws to facilitate border wall construction near Yuma, Ariz., an area the government says has a high amount of border crossing and drug trafficking.

  • June 02, 2025

    Nebraska Tax Commission Upholds Farm's $1.89M Valuation

    A Nebraska farm valued at $1.89 million was accurately assessed in line with other agricultural property, the state's Tax Equalization and Review Commission found, rejecting claims by the property owner that it was over-assessed.

  • June 02, 2025

    Defamation Litigation Roundup: Cheetos, NASCAR, OpenAI

    In this month's review of ongoing defamation fights, °µÍø½ûÇø looks back on developments in a man's case against Frito-Lay Inc. over what he called the company's defamatory statements disputing his role in the invention of a flavor of Cheetos.

  • June 02, 2025

    Justices Take Ill. Rep.'s Case Over Extended Ballot Count

    The U.S. Supreme Court on Monday agreed to review a split Seventh Circuit panel's decision upholding the dismissal of an Illinois congressman's suit challenging the state's policy of counting ballots for up to 14 days after an election as long as they were postmarked or certified by Election Day.

  • June 02, 2025

    Immunity Shields Mich. AG From Flint Water Prosecution Suit

    A Michigan federal judge has dismissed a wrongful prosecution lawsuit brought by a former aide to ex-Gov. Rick Snyder against the Michigan attorney general and Wayne County prosecutors, ruling that immunity shields the prosecutors from liability over their handling of charges against officials in the aftermath of the Flint water crisis.

  • June 02, 2025

    Schumer Pledges To Fight GOP's Limits On Court Power

    Senate Minority Leader Chuck Schumer, D-N.Y., has vowed to challenge a provision in House Republicans' budget reconciliation package that would curtail courts' ability to issue contempt citations.

  • June 02, 2025

    US Looks To Dodge Suit Over Gulf Oil Well Risks

    The federal government is asking a federal court to toss environmentalists' lawsuit alleging that it's ignoring the fact that owners of retired offshore oil and gas drilling infrastructure are failing to properly shut down the facilities.

  • June 02, 2025

    Justices Turn Away Constitutional Challenge To FINRA Powers

    The U.S. Supreme Court on Monday declined to take up a case calling into question the constitutionality of the in-house disciplinary process used by the Financial Industry Regulatory Authority, rejecting an appeal by a broker-dealer facing expulsion from the industry.

  • June 02, 2025

    High Court Skips AR-15 Ban Constitutionality For Now

    The U.S. Supreme Court declined Monday to weigh in on the debate over whether AR-15s and other semiautomatic rifles are protected under the Second Amendment or potentially subject to state bans because of their military-like capabilities.

Expert Analysis

  • Employer-Friendly Fla. Law Ushers In New Noncompete Era

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    Florida's CHOICE Act is set to take effect July 1, and employers are welcoming it with open arms as it would create one of the most favorable environments in the country for the enforcement of noncompete and garden leave agreements, but businesses should also consider the nonlegal implications, say attorneys at BakerHostetler.

  • Most-Favored Nation Drug Pricing Could Shake Up US Pharma

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    Recent moves from the executive and legislative branches represent a serious attempt to revive and refine the first Trump administration's most-favored-nations model for drug pricing, though implementation could bring unintended consequences for pharmaceutical manufacturers and will likely draw significant legal opposition, say attorneys at Morgan Lewis.

  • Opinion

    Aviation Watch: A Supersonic 'Boom' Going Nowhere Fast

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    Legislation recently introduced in Congress to repeal the Federal Aviation Administration's ban on supersonic flight over U.S. territory appears to benefit a single company with an uncertain business plan, and is not truly in the public interest, says Alan Hoffman, a retired attorney and aviation expert.

  • How The DOJ Is Redesigning Its Approach To Digital Assets

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    Two key digital asset enforcement policy pronouncements narrow the Justice Department's focus on threats like fraud, terrorism, trafficking and sanctions evasion and dial back so-called regulation by prosecution, but institutions prioritizing compliance must remember that the underlying statutory framework hasn't changed, say attorneys at Blank Rome.

  • Opportunity Zone Revamp Could Improve The Program

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    If adopted, the budget bill's new iteration of the opportunity zone program could renew, refine and enhance the effectiveness and accountability of the original program by including structural reforms, expanded eligibility rules and incentives for rural investment, say attorneys at Pillsbury.

  • At 'SEC Speaks,' Leaders Frame New Views

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    At the Practising Law Institute's recent SEC Speaks conference, U.S. Securities and Exchange Commission leadership highlighted the agency's significant priority changes, including in enforcement, crypto and artificial intelligence, say attorneys at Perkins Coie.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • Opinion

    Congress Must Restore IP Protection To Drive US Innovation

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    Congress should pass the RESTORE Patent Rights Act to enforce patent holders' exclusive rights and encourage American innovation, and undo the decades of patent rights erosion caused by the U.S. Supreme Court's 2006 decision in eBay v. MercExchange, says former Chief U.S. Circuit Judge Paul Michel.

  • How Focus On Menopause Care Is Fueling Innovation, Access

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    Recent legislative developments concerning the growing field of menopause care are creating opportunities for increased investment and innovation in the space as they increase access to education and coverage, say attorneys at Kirkland.

  • Calif. Digital Assets Proposal Provides Only Partial Clarity

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    Recently proposed regulations under California's Digital Financial Assets Law answer some important questions about the new regime, particularly regarding its interaction with the state's money transmission law, but many key compliance questions remain, say attorneys at Stinson.

  • Staying The Course Amid Seismic DOJ White Collar Changes

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    While some of the big changes at the U.S. Department of Justice during the second Trump administration — like an embrace of cryptocurrency and more politicized prosecutions — were expected, there have also been surprises, so practitioners should advise clients to stay focused on white collar compliance in this unpredictable environment, say attorneys at Keker.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • DOJ Could Target Journalists Under Media Policy Reversion

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    The U.S. Department of Justice's recently announced media policy largely mirrors policies in effect from 2014 to 2020, but ambiguities in key statutory terms could allow the administration to apply it to journalists in new ways and expand investigations beyond leaks of classified information, says Julie Edelstein at Wiggin.

  • Current Antitrust Zeitgeist May Transcend Political Parties

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    The Trump administration's "America First" antitrust policy initially suggests a different approach than the Biden administration's, but closer examination reveals key parallels, including a broad focus on anticompetitive harm beyond consumer welfare and aggressive enforcement of existing laws, say attorneys at Arnold & Porter.

  • House Bill Tax Tweaks Would Hinder Renewable Projects

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    Provisions in the budget reconciliation bill recently passed by the U.S. House of Representatives would rapidly phase out clean energy tax credits, constrain renewable energy financing arrangements and impose sweeping restrictions on projects with foreign ties, which may create compliance and supply chain issues for many developers, say attorneys at Paul Hastings.

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