In a June 11 memorandum to all division employees, the assistant attorney general for the Department of Justice’s (DOJ) Civil Division promulgated a new list of enforcement policies with the stated purpose of advancing the...more
On May 12, 2025, the current head of the Department of Justice’s (DOJ) Criminal Division issued fresh guidance to all personnel under his purview with new two memoranda....more
On April 22, the Consumer Financial Protection Bureau (CFPB) requested the U.S. District Court for the Southern District of New York to remove the bureau as a plaintiff in CFPB v. Credit Acceptance Corporation, a case that...more
In recent months, numerous online commodity trading markets have begun to offer sports-based event contracts concerning the outcome of various sporting events. These event contracts—which are a type of derivative...more
As some companies in the so-called “predictions market” have begun to offer event futures contracts on sporting events, including the most recent Super Bowl, many observers are questioning whether these offerings are really...more
One of President Donald J. Trump’s first executive orders fundamentally upends the time-consuming and costly affirmative action requirements that federal contractors have followed for years. By signing the Jan. 21, 2025,...more
On Jan. 17, 2025, the United States Court of Appeals for the District of Columbia (D.C. Circuit) heard oral argument in KalshiEx v. CFTC. At issue is KalshiEx LLC’s (Kalshi) ability to list political event contracts for...more
President-elect Donald Trump declared victory overnight after convincing wins in Georgia, North Carolina and Pennsylvania; further electoral gains this morning could preview a true red wave this cycle, pending results in...more
It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The...more
Last week, the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights held a hearing on algorithms and their impact on competition and consumer rights. Businesses that use algorithms or machine...more
On Jan. 19, 2023, the United States government reached its $31.4 trillion borrowing limit, which was signed into law (P.L. 117-73) by President Joe Biden on Dec. 16, 2021. Last week, Treasury Secretary Janet Yellen wrote to...more
On Oct. 6, 2022, President Joe Biden issued a public statement on cannabis policy reform, indicating a potentially seismic shift in how the substance may be treated under federal law. Among President Biden’s directives was a...more
11/4/2022
/ Agribusiness ,
Biden Administration ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Dispensaries ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Recreational Use
On Friday, July 9, President Joe Biden signed an Executive Order (“Order”) entitled “Promoting Competition in the American Economy.” The Order outlines 72 actions by 12 federal agencies aimed at promoting competition...more
Republicans and Democrats have grown increasingly concerned about the power and influence of Big Tech. While both parties have been spurred to advance legislative remedies, their motivations for doing so are much different....more
On Feb. 4, 2021, Sen. Amy Klobuchar (D-MN) introduced sweeping legislation to amend the federal antitrust laws. The 56-page Competition and Antitrust Law Enforcement Act would, among other things, strengthen pre-merger...more
On Jan. 20, 2021, the U.S. Court of Appeals for the First Circuit issued a potentially historic ruling in New Hampshire Lottery Commission et al. v. Barr et al., by rejecting an appeal brought by the U.S. Department of...more
The House of Representatives of the 117th Congress convened this week, as prescribed by the U.S. Constitution, and adopted a set of rules to govern the body over the next two years. While rules packages are often full of the...more
The election process this November will, without a doubt, look different than in prior years. Due to the COVID-19 pandemic, more voters are expected to vote by mail-in and absentee ballots, states are making some changes to...more
As lawmakers debate the contours of the next COVID-19 economic response package, extending legal liability protections to businesses has emerged as a central sticking point between congressional Republicans and Democrats....more
The Small Business Administration (“SBA”) released revised guidelines today that allow otherwise eligible small gaming businesses to be able to participate in the Paycheck Protection Program (“PPP”). This marks a reversal of...more
While businesses across the globe have yet to understand the full economic impact of the COVID-19 pandemic, a number of emerging issues have already gained prominence. Among the biggest—and most likely to persist—is the issue...more
The latest effort in Washington aimed at undermining the burgeoning online gaming industry was recently introduced in the form of S. 3322. The bill, entitled the “Prevention of Deceptive Child-Targeted Advertising in...more
The past year has seen a veritable tidal wave of consumer product marketing claiming that cannabidiol (CBD) infused or derived products cure or treat cancer, epilepsy, anxiety, inflammation, diabetes, Alzheimer’s disease,...more
12/9/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Comment Period ,
Dietary Supplements ,
Farm Bill ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Health Claims ,
Public Comment ,
Regulatory Requirements
On June 3, 2019, a federal court in New Hampshire issued a highly anticipated decision in New Hampshire Lottery Commission et al. v. Barr et al., challenging a recent opinion by the U.S. Department of Justice (DOJ) regarding...more
6/6/2019
/ Criminal Prosecution ,
Department of Justice (DOJ) ,
Gambling ,
Lottery ,
Office of Legal Counsel (OLC) ,
Online Gaming ,
Sports Betting ,
Sports Gambling ,
Statutory Interpretation ,
Wire Act ,
Wire Transfers
The restaurant, retail and hospitality industries, among others, will be negatively affected by the qualified improvement property (QIP) drafting error in the Tax Cuts and Jobs Act (TCJA) (P.L. 115-97). This mistake will...more