Public Policy

  • April 08, 2026

    Judge Says 9th Circ. OK'd 'Annihilation' Of Sacred Lands

    The Ninth Circuit on Wednesday issued an amended opinion in its ruling to allow a 2,500-acre land exchange within Arizona's Tonto National Forest, which includes a partial dissent from U.S. Circuit Judge Johnnie B. Rawlinson who said the decision will "completely annihilate sacred Native lands."

  • April 08, 2026

    Trade Court Sustains Harsher Steel Duties For Japan Steel Co.

    The U.S. Department of Commerce properly justified an enforcement mechanism for insufficient compliance to trigger higher antidumping duty rates against Nippon Steel Corp. on its second try, according to an opinion published Wednesday by the U.S. Court of International Trade.

  • April 08, 2026

    SEC Watchdog To Pay Tipsters Who Uncover Agency Waste

    The U.S. Securities and Exchange Commission's Office of Inspector General has launched a cash awards program that the agency hopes will incentivize its workers to report fraud, waste and mismanagement.

  • April 08, 2026

    Mass. Justices Divided Over $325M Pro Soccer Stadium Project

    Justices on Massachusetts' highest court on Wednesday appeared split on whether a $325 million professional women's soccer stadium currently being built on part of Boston's historic Franklin Park is subject to a requirement for legislative approval of plans to convert parks to a new use.

  • April 08, 2026

    Judge Halts RI Cannabis Licensure Amid Residency Challenge

    A Rhode Island federal judge on Wednesday ordered state marijuana regulators to halt social equity and adult-use cannabis licensure while a constitutional challenge from out-of-state entrepreneurs seeking to enter the market plays out.

  • April 08, 2026

    Elizabeth Warren Says FCC Must Tackle Sports 'Streamflation'

    Sen. Elizabeth Warren, D-Mass., told the Federal Communications Commission that Disney's acquisition of Fubo and other deals in the last year showed why the FCC must use its authority over competition to protect consumers from an increasingly pricey sports streaming market.

  • April 08, 2026

    Judge Won't Toss Afghan's Challenge To Biden Asylum Rule

    A Washington, D.C., federal judge denied the government's motion to dismiss a lawsuit from an Afghan asylum-seeker and legal services providers over a Biden-era asylum rule, saying on Wednesday that the U.S. Department of Justice "jumped the gun" in trying to get the suit tossed.

  • April 08, 2026

    Fla. County Board To Discuss MLB Team's Ballpark Plan

    The Board of County Commissioners in Hillsborough County, Florida, plans to hold an April 16 workshop meeting to talk about a proposal from Major League Baseball's Tampa Bay Rays for a 31,000-seat ballpark project, according to the board's chair.

  • April 08, 2026

    Trump Economists Say Stablecoin Yield Ban Won't Help Banks

    Economists to President Donald Trump said Wednesday that banning cryptocurrency exchanges from paying stablecoin rewards or yield would "do very little to protect bank lending" and leave consumers worse off, findings that come amid a contentious push to tighten yield restrictions.

  • April 08, 2026

    ABA Rates Montana Judicial Pick 'Not Qualified'

    Katie Lane, senior legal counsel at the Republican National Committee who has been tapped for a federal judgeship in Montana, is the first nominee to receive a majority "not qualified" rating by the American Bar Association in the second Trump administration.

  • April 08, 2026

    Mich. Appeals Panel Hears Challenge To School Aid Waiver

    A Michigan appellate panel heard arguments Wednesday over whether a school safety funding provision unlawfully forces districts to waive legal privileges in the event of a mass casualty investigation, with school districts saying the law is unconstitutionally vague and the state countering that it applies only to entities, not individuals. 

  • April 08, 2026

    FCC Looks To Beef Up 'Know Your Customer' Robocall Regs

    The Federal Communications Commission this month will consider establishing rules requiring telecom providers to "know your customer" when sending robocall traffic, while weighing national security proposals and updates to satellite spectrum sharing rules.

  • April 08, 2026

    ERISA Recap: 6 Noteworthy Decisions From March

    JPMorgan Chase & Co. narrowed but couldn't escape a suit from workers who said their health plan paid too much for prescription drugs, Genworth Financial Inc. unwound a class at the Fourth Circuit, and the Sixth Circuit breathed new life into proposed class actions against FedEx and Kellogg. Here, Law360 looks at these and three other notable decisions from March in ERISA cases.

  • April 08, 2026

    DOJ Backs Patent Rights In Samsung Case Against Netlist

    The U.S. Department of Justice told a Delaware federal court that having a patent included in a standard does not necessarily give the patentholder market power, while weighing-in on Samsung's case accusing Netlist of exploiting the standard-setting process.

  • April 08, 2026

    Texas Hemp Interests Say New THC Rule Defies Legislature

    A group of Texas hemp interests is suing state officials to halt implementation of new regulations restricting the sale of certain hemp products, alleging that the policy unlawfully sidestepped the authority of state lawmakers.

  • April 08, 2026

    $37M Award For Whistleblowers Nixed In Medicaid Fraud Row

    A Texas state appeals court did away with an order awarding three whistleblowers a $37 million share of the state's settlement resolving Medicaid fraud allegations against Xerox, finding their respective cases over the alleged scheme were based on publicly available information.

  • April 08, 2026

    Google Search Judge Mulls If Mandates Will Need More Fixes

    A D.C. federal judge wondered aloud Wednesday if the continuously evolving technological landscape will necessitate even more changes down the line to his order in a U.S. Department of Justice monopolization case requiring Google to prop up its rivals with syndicated search results and data.

  • April 08, 2026

    Shutterstock, Photographer Clash Over DMCA Safe Harbor

    A landscape photographer and Shutterstock have filed dueling bids for summary judgment in a copyright lawsuit in Manhattan federal court over whether the stock photo company can be held liable for allegedly infringing images uploaded by its users, or whether the claims are barred by the Digital Millennium Copyright Act's safe harbor protections.

  • April 08, 2026

    NY, RealPage Spar Over Justices' Conversion Therapy Ruling

    The New York Attorney General's Office contested RealPage Inc.'s argument that the U.S. Supreme Court's ruling against a Colorado conversion therapy ban bolsters its First Amendment suit against the state, disputing the company's characterization of the high court's holding.

  • April 08, 2026

    NJ Power Broker, Atty Brother Push To End Developer's Suit

    South Jersey powerbroker George Norcross and his brother, Parker McCay PA shareholder Philip A. Norcross, asked a New Jersey state court this week to toss a civil racketeering suit from a real estate developer, which closely tracked a now-dismissed criminal indictment, arguing the allegations were settled in previous litigation and are time-barred.

  • April 08, 2026

    NJ And Town Seek Injunction To Halt ICE Detention Center

    New Jersey and the township of Roxbury asked a federal court to halt the conversion of a warehouse to a U.S. Immigration and Customs Enforcement detention center, citing expected strains on local resources and the environment.

  • April 08, 2026

    Conn. Watchdog Missed Case Review Deadlines, Auditor Says

    Connecticut's Commission on Human Rights and Opportunities, which passes initial judgment on employment and other discrimination claims, repeatedly missed complaint review deadlines and may wish to ask the Legislature to extend statutory time limits, an audit report said Wednesday.

  • April 08, 2026

    Where Dormant Commerce Clause Cannabis Cases Stand

    Lawsuits across the country challenging the constitutionality of state and local cannabis licensure programs continue to move through the federal appellate courts, with judges reaching different conclusions on a topic with broad implications for marijuana regulation.

  • April 08, 2026

    Whistleblower, Healthcare Operator End Retaliation Suit

    A nursing home administrator who participated in a U.S. Department of Housing and Urban Development whistleblower investigation into alleged false payment claims and a healthcare facility operator agreed to end a lawsuit over his firing, according to a stipulation filed in Colorado federal court Wednesday.

  • April 08, 2026

    IRS, NJ Woman Settle Refund Row After High Court Loss

    The IRS and a New Jersey resident reached a settlement in a $42,000 tax refund suit in federal court nearly a year after the U.S. Supreme Court maintained the agency could eliminate her tax debt using overpayments she claims were improperly retained. 

Expert Analysis

  • NY Tax Talk: Calculating Tiered Partnership Income

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    Attorneys at Eversheds Sutherland discuss how the potential impact recent New York City Tax Appeals Tribunal decision in Matter of Cantor Fitzgerald holding that the entity approach should be used by tiered partnerships to compute unincorporated business tax liability, why the issue of the proper approach remains unsettled and the broader implications for federal conformity and administrative agency deference.

  • FDA Guidance May Move Goalposts For Form 483 Responses

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    New draft guidance from the U.S. Food and Drug Administration provides formal insight on how drug manufacturers are expected to respond to Form 483s, raising some concerns about the agency's timelines and expectations, say attorneys at Cooley.

  • Understanding The SEC's Consequential Crypto Guidance

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    The U.S. Securities and Exchange Commission's recent interpretive release — its most comprehensive statement ever on the application of the federal securities laws to crypto-assets — reimagines the Howey test to resolve long-standing questions over what is a security, but leaves many issues unresolved, say attorneys at Cahill.

  • Ohio Case Reflects States' Aggressive Criminal Antitrust Turn

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    The Ohio Attorney General's Office’s recent bid-rigging indictment of an online auctioneer is the latest signal that states, through attorneys general pursuing more kickback cases and legislators expanding the reach of antitrust laws, are shedding their historical reluctance to wield their criminal antitrust enforcement powers, say attorneys at Arnold & Porter.

  • Justices' Geofence Ruling May Test 4th Amendment's Future

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    When the U.S. Supreme Court decides in Chatrie v. U.S. whether law enforcement may use geofence warrants to compel Google to disclose location history data, the ruling is likely to become an important statement about the future of Fourth Amendment law in data-driven investigations, says Duncan Levin at Levin & Associates.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q1

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    In the first quarter of 2026, New York's banking developments were headlined by initiatives to expand oversight of financial institutions and strengthen consumer protection laws, including a new framework for buy now, pay later lenders, a sweeping debt collection rule and a revised corporate self-disclosure program for financial crimes, say attorneys at Proskauer.

  • Seeking A Policy Fix As Merger Reporting Fight Continues

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    A recently announced request by the Federal Trade Commission and U.S. Department of Justice for public comment on the Hart-Scott-Rodino premerger reporting requirements, as litigation challenging the commission's updated requirements continues, suggests the government's willingness to address how best to support modern merger enforcement without unduly burdening filing parties, say attorneys at Baker Botts.

  • What New Fla. Citizens Bill Means For Surplus Lines Insurers

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    A Florida bill recently passed by the Legislature as part of a continued effort to depopulate Citizens Property Insurance, the state's insurer of last resort, creates an additional pathway for commercial policies to be written by surplus lines insurers, but also presents concerns of unnecessary regulation, say attorneys at Troutman.

  • What Voluntary Calif. Carbon Reports Show About Compliance

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    While the enforcement of California's S.B. 261 is currently paused due to a Ninth Circuit injunction, more than 130 companies have nonetheless chosen to voluntarily publish climate-related financial risk disclosures, providing a useful snapshot of how the market is interpreting the law's requirements in practice, say attorneys at DLA Piper.

  • PTAB Memo Recenters Discretion On US Manufacturing

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    Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

  • Why MDLs Slow Down — And How To Speed Them Up

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    Multidistrict litigation has become central to mass tort practice, but as MDLs grow in size and complexity, so do delays and costs — so tools like the new federal rule governing MDLs, targeted use of special masters and strategically deployed Lone Pine orders are more essential than ever, say attorneys at Ice Miller.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Regulators' Basel Pitch May Bring Banks Capital Relief

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    The prudential banking agencies' new proposals to implement the so-called Basel III endgame rules — which would modify the approach to risk-based capital, among other notable changes — represent a fundamental directional shift in bank capital requirements aimed at increasing lending capacity, says Chen Xu at Debevoise.

  • How SEC And CFTC Are Attempting To End Their 'Turf War'

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    Through coordinated examinations and a shared aim to end duplicative regulation, the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission's recent memorandum of understanding could represent a significant shift in the regulatory landscape for market participants subject to the jurisdiction of both agencies, say attorneys at Jenner.

  • FTC Focus: Growing Emphasis On Competition In AI

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    The Federal Trade Commission's leadership has continued to highlight that competitive risks in artificial intelligence markets may arise at multiple levels simultaneously, considering not only who controls the resources necessary to build AI systems, but also how those systems function and yield outputs, say attorneys at Proskauer.

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