Public Policy

January 06, 2026
Halligan Ordered To Explain Why She's Still Listed As US Atty

A Virginia federal judge Tuesday ordered Lindsey Halligan to explain why she was still identifying herself as a U.S. attorney despite another judge's order finding that the former insurance lawyer hadn't been properly appointed and was serving illegally on an interim basis.
January 06, 2026
Judiciary Advisers Predict Clashes Over AI, Remote Testimony

The federal judiciary's policy advisers appeared divided Tuesday over efforts to align procedural rules with digital age technology and preferences, and they predicted a torrent of impassioned input if they open up their delicate internal debates to the entire public.
January 06, 2026
5th Circ. Pushes FDA On 'De Facto' Vape Marketing Ban

A Fifth Circuit panel seemed leery of the U.S. Food and Drug Administration's claim that it had no de facto ban in place for flavored refillable e-cigarette products, saying Tuesday that denying hundreds of thousands of applications seemed an awful lot like a ban.
January 06, 2026
Ex-EEOC Officials Decry Harassment Guidance Rollback

A group of former top officials at the Equal Employment Opportunity Commission and U.S. Department of Labor on Tuesday issued a statement criticizing the Trump administration's proposed elimination of guidance on workplace harassment, saying it's an attack on the LGBTQ community and strays from U.S. Supreme Court precedent.
January 06, 2026
DHS Blasts ICE Detainees' Lengthy Conditions Complaint

The U.S. Department of Homeland Security is urging an Illinois federal judge to toss a class action claiming federal immigration officials subjected detainees to inhumane conditions at a Chicago-area holding facility, saying the complaint is "unnecessarily long" and otherwise fails to plead valid constitutional or procedural claims.
January 06, 2026
Feds Sue Calif. Cities To Extinguish Natural Gas Bans

The Trump administration is going after two cities in California over building codes that ban natural gas infrastructure in newly constructed buildings, alleging in a lawsuit Monday that these local rules "impose crushing costs" on Californians and run afoul of federal law.
January 06, 2026
US Removal Of Maduro Won't Curb Energy Cos.' Caution

U.S. oil and gas companies will need significant legal and regulatory assurances that any new investment in Venezuela will be shielded from political instability before heeding President Donald Trump's call to fortify the country's floundering oil and gas industry.
January 06, 2026
Vape Interests Look To 5th Circ. To Halt Miss. E-Cig Law

A coalition of vaping interests is asking the Fifth Circuit to revive its lawsuit seeking to end a Mississippi law that blocks the sale of synthetic nicotine products, the same parties that are also moving forward with similar efforts at the Sixth Circuit.
January 06, 2026
4th Circ. Revives Black Ex-Baltimore Cop's Race Bias Suit

A divided Fourth Circuit on Tuesday revived a Black former Baltimore police officer's suit alleging she was treated less favorably than non-Black officers by being pushed out, saying she offered adequate examples of other officers who received more leniency than she did for alleged misconduct for her race discrimination claim to survive.
January 06, 2026
Wash. Atty Impaled By Debris In National Park Can Sue Feds

A Washington federal judge declined to toss an attorney's lawsuit against the federal government alleging he was impaled by wooden debris in Lake Chelan after jumping from a dock at a National Park Service campground, but said the court needs more information to be sure the case satisfies jurisdictional requirements.
January 06, 2026
'Get Over' Yourself, Ho Says To Judges' Independence Worry

U.S. Circuit Judge James C. Ho snapped back at colleagues on the bench who have raised the alarm over threats to judicial independence, writing in an article that those complaining judges "need to get over themselves" and stop bowing to the "cultural elites" who oppose the Trump administration.
January 06, 2026
Cigna Accused Of Rigging Market For Life-Saving Drugs

Patients with chronic health conditions sued Cigna in an Illinois federal court alleging in a proposed class action Tuesday that the company and its pharmacy and pharmacy benefit manager subsidiaries use exclusive agreements to lock users into a network where Byzantine refill processes have been deliberately erected to limit payouts for life-saving drugs.
January 06, 2026
FTC Signals Support Of Miss. Bill For Midwives' Solo Practice

A Federal Trade Commission official on Monday encouraged a Mississippi lawmaker to keep in mind the possible motives of opponents of proposed legislation that would exempt midwives from having to contract with physicians to provide advanced-level nursing care.
January 06, 2026
FDA To Ease Regulation Of Wearables, Decision Software

U.S. Food and Drug Administration Commissioner Marty Makary touted new federal guidance on Tuesday that he said would promote innovation by making it easier to bring certain kinds of wearable devices and clinical-decision software to market without a strict regulatory review.
January 06, 2026
Wilcox Asks DC Circ. To Protect NLRB's Independence

The D.C. Circuit should reverse a decision by two of its judges that would end the National Labor Relations Board's independence if allowed to stand, former board member Gwynne Wilcox argued, seeking to nix a ruling that lets President Donald Trump remove and replace NLRB members at will.
January 06, 2026
Ex-CFTC Chair, Robinhood's Top Atty Join FINRA Board

Former U.S. Commodity Futures Trading Commission Chair Rostin Behnam and the chief legal officer for popular trading app Robinhood Markets are among those whose appointment to the board of Financial Industry Regulatory Authority was announced on Tuesday.
January 06, 2026
BofA Faces Customer Suit Over Post-Jan. 6 'Surveillance'

Bank of America was hit with a putative class action accusing it of financial privacy violations tied to the aftermath of the Jan. 6, 2021, U.S. Capitol attack, alleging the bank aggressively mined and illegally shared customer data with authorities looking for leads.
January 06, 2026
Cider-Maker Challenges Federal Ban On Vintage Labeling

A Washington state maker of alcoholic beverages is challenging a federal government restriction that prevents producers of cider, mead and wines made from any fruit besides grapes from including vintage years on their product labels, arguing that the policy withholds information from consumers and violates the First Amendment.
January 06, 2026
1st Circ. Questions Feds' Mootness Claim In NIH Grant Suits

The First Circuit appeared to push back Tuesday on assertions by the government that new guidance for terminating medical research grants over supposed links to issues like DEI, gender identity and vaccines — along with a partial settlement last week — moot a pair of lawsuits challenging the directives.
January 06, 2026
7th Circ. Blocks Satanic Temple's Ind. Abortion Law Challenge

The Seventh Circuit ruled Tuesday the Satanic Temple doesn't have standing to challenge Indiana's abortion ban, saying it has no ties to an in-person abortion clinic in the state and that its argument it could be prosecuted for providing telehealth appointments to those seeking the procedure isn't enough to show injury.
January 06, 2026
RFK Jr. Can't Avoid Medical Groups' Challenge To Vax Policy

A Boston federal judge on Tuesday rebuffed U.S. Health and Human Services Secretary Robert F. Kennedy Jr.'s bid to dismiss a challenge to vaccine policy changes, saying medical associations have plausibly alleged a federal vaccine committee is not fairly balanced.
January 06, 2026
Public Health Atty Talks Botulism, Infants And FDA Staffing

Three years ago, a bacterial outbreak at a Michigan manufacturing plant sparked a shutdown and a national infant formula shortage. Another episode last year at a formula plant in Iowa should be a red flag for the public and a short-handed FDA, according to Sarah Sorscher of the Center for Science in the Public Interest.
January 06, 2026
Drugmakers Fight Multifront Legal Battles Over GLP-1s

In the wake of U.S. Food and Drug Administration approvals for GLP-1 weight-loss drugs, surging public demand and massive profits have inspired a broad range of drugmaker litigation against competitors, alleged counterfeits and telehealth providers.
January 06, 2026
Calif. Tribe Rejects Feds' Delay In 40-Acre Land Transfer Fight

A California tribe is asking a D.C. federal court to deny a bid by the U.S. Department of the Interior for an indefinite stay in responding to a challenge to the agency's decision to approve a 40-acre land transfer for a fellow state tribe's casino project.
January 06, 2026
Calif. Locomotive Emissions Rule Repeal Ends Industry Suit

A California federal judge on Tuesday dismissed a legal challenge from rail industry groups to a since-repealed regulation that would've required railroads to transition to zero-emission locomotives in the Golden State, closing the book on the dispute after the parties agreed to drop the case.

Editor's Picks

Trump's Legal Battles

States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.

Expert Analysis

Trending At The PTAB: The Policies That Are Redefining IPR

The evolution of the Patent Trial and Appeal Board's inter partes review institution regime last year, coupled with the policy considerations behind that evolution, marks a shift toward greater gatekeeping of the U.S. Patent and Trademark Office's resources and patent enforcement rights, say attorneys at Finnegan.
4 Trends Shaping Drug And Medical Device Law For 2026

2025 saw some significant legal developments with potential impact for drug and device manufacturers, ranging from growing skepticism in science and regulatory entities to new regulation of artificial intelligence, say attorneys at Faegre Drinker.
US Sanctions Targeting Russia's Oil Giants Heighten Biz Risks

Businesses operating in the energy sector, both in and outside the U.S., should review their operations for any links to Russian oil companies and their subsidiaries recently targeted by U.S. sanctions, to avoid unexpected reputational and financial risk, and even secondary sanctions, say authors at Blank Rome.
How Shareholder Activism Fared In 2025

2025 was a turbulent yet transformative year in shareholder activism, and there are several key takeaways to help companies prepare for a 2026 that is shaping up to be even more lively, including increased focus on retail investors and the use of social media as a tool, say attorneys at Sidley.
2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture

The Second Circuit’s recent U.S. v. Ross decision, partially denying the return of an attorney's seized funds based on rigid standing requirements, underscores the unforgiving technical complexities of civil asset forfeiture law, and provides several lessons for practitioners, says Elisha Kobre at Sheppard Mullin.
Justices' Separation-Of-Powers Revamp May Hit States Next

The U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy quietly laid the groundwork for an expansion of the court's separation-of-powers agenda beyond the federal level, but regulated parties and state and local governments alike can act now to anticipate Jarkesy's eventual wider application, say attorneys at Troutman.
Key Trends In Healthcare Antitrust In 2025

The healthcare industry braced for significant antitrust enforcement shifts last year driven by a change in administration, and understanding the implications of these trends is critical for healthcare organizations' risk management and strategic decision-making in the year ahead, say attorneys at Michael Best.
The 5 Most Important Bid Protest Decisions Of 2025

In a shifting bid protest landscape, five decisions in 2025 from the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office that addressed bedrock questions about jurisdictional reach and the breadth of agency discretion are likely to have a lasting impact, say attorneys at Bradley Arant.
Trending At The PTAB: The Journey Of IPR Institution In 2025

Over the course of 2025, inter partes review institution at the Patent Trial and Appeal Board evolved into a more restrictive, policy-driven regime with reshaped discretionary briefing and assessment, and increasing procedural requirements, say attorneys at Finnegan.
Food Industry Braces For MAHA And Other Challenges In 2026

After the Make America Healthy Again movement kept the U.S. Food and Drug Administration under pressure in 2025, actions in the food safety space are likely to continue this year, including updated Supplemental Nutrition Assistance Program dietary guidelines and processed food definitions, say attorneys at Wiley.
Preparing For Congressional Investigations In A Midterm Year

2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
A Meaningful Shift In FDA's Biosimilarity Analysis

The U.S. Food and Drug Administration's potential pivot away from routinely requiring comparative efficacy studies for interchangeable biosimilar applications would not lower regulatory standards, but instead allow applicants to allocate resources toward establishing more probative evidence, says Theodore Thompson at Stinson.
Key Trends Shaping ESG And Sustainability Law In 2026

2025 saw a chaotic regulatory landscape and novel litigation around environmental, social and governance issues and sustainability — and 2026, while perhaps more predictable, will likely be no less challenging, with more lawsuits and a regulatory tug-of-war complicating compliance for global companies, say attorneys at Crowell.
How Bank M&A Prospects Brightened In 2025

Even with less-than-ideal macroeconomic conditions in 2025, federal banking regulators' shift away from procedural concerns to focus more on core financial risks boosted M&A in several key ways, including shorter review timelines and increased interest in de novo charters, say attorneys at Arnold & Porter.
3 Securities Litigation Trends To Watch In 2026

Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.