Public Policy

September 09, 2025
Google Says Ad Tech MDL Market Should Stay Within US

Google has urged a New York federal judge not to expand the scope of its advertising placement technology business as targeted by publishers and advertisers in multidistrict litigation, arguing the plaintiffs had their chance and cannot now latch onto the worldwide scope found in the Justice Department's successful case.
September 09, 2025
9th Circ. Declines To Block Most Of Social Media Addiction Law

The Ninth Circuit on Tuesday largely rejected a tech trade group's effort to block California from enforcing a law barring online platforms from using algorithms to deliver addictive feeds to children, saying the requirement to hide "likes" and share counts is likely unconstitutional and other aspects are either unripe or fact-intensive.
September 09, 2025
Norfolk Southern Inks Deal With DOJ Over Amtrak Delays

Norfolk Southern Corp. has agreed to give Amtrak passenger trains priority over freight trains under a deal with the federal government that would close out a case stemming from widespread delays on Amtrak's New York City to New Orleans route, the U.S. Department of Justice said Tuesday.
September 09, 2025
FinCEN Chief Signals Slimmer Bank Reporting On The Way

A top U.S. financial crime watchdog told lawmakers Tuesday that federal officials could soon move to narrow transaction reporting requirements for financial institutions as part of a broader effort to ease anti-money laundering compliance burdens for industry.
September 09, 2025
Littleton Says Proposed City Amendment Violates State Law

The city of Littleton, Colorado, is challenging the legality of a proposed amendment for the 2025 election aiming to restrict changes to residential zoning for areas currently designated for single-family properties.
September 09, 2025
Mass. Lawmakers Pitch Local Real Estate Transfer Taxes

Massachusetts cities would have the option of levying fees on real estate transfers worth more than $1 million to help fund affordable housing efforts under legislation pitched Tuesday to a joint House-Senate panel.
September 09, 2025
Senate Confirms Florida And Missouri Judges

The U.S. Senate confirmed two judges Tuesday, one for Florida and the other for Missouri.
September 09, 2025
Public Safety Officials Share Needs For NextGen 911

Emergency response officials testified on Tuesday about what is needed to fully deploy Next Generation 911 nationwide, which primarily includes sufficient funding.
September 09, 2025
'Open Questions' Raised About Live Nation Arbitrator

The Ninth Circuit rebuke of Live Nation's chosen consumer complaint arbitrator was raised in a New York federal court with an order calling for discovery into the arbitrator and its relationship to the company's Latham & Watkins LLP attorneys.
September 09, 2025
11th Circ. Urged To Revisit Pause Of 'Alligator Alcatraz' Suit

Environmental groups and a Florida tribe challenging the immigration detention center dubbed "Alligator Alcatraz" have asked the Eleventh Circuit to reconsider its order pausing the case while Florida appeals a preliminary injunction, arguing that it is "overbroad, unnecessary and prejudicial."
September 09, 2025
BREAKING: 11th Circ. Unravels Trans Deputy's Discrimination Win

The full Eleventh Circuit struck down a win Tuesday for a transgender sheriff's deputy who sued a Georgia county health plan after it refused to pay for gender-affirming surgery, saying the challenged coverage exclusion did not violate federal anti-discrimination law.
September 09, 2025
Lutnick Picks Ex-DOJ, TM Leaders To Advise USPTO

U.S. Secretary of Commerce Howard W. Lutnick has appointed high-profile members to the U.S. Patent and Trademark Office's public advisory committees, nearly six months after clearing them out.
September 09, 2025
Roberts Pauses Foreign Aid Distribution For Now

Chief Justice John Roberts on Tuesday temporarily stayed a lower court's order requiring the Trump administration to release roughly $4 billion in frozen foreign aid while the U.S. Supreme Court considers a longer-term solution.
September 09, 2025
Meghan Markle's Sister Asks For Revival Of Defamation Suit

An attorney for Meghan Markle's half-sister urged the Eleventh Circuit on Tuesday to revive her defamation claims against the duchess, arguing that while individual remarks made during an Oprah Winfrey interview and a Netflix documentary series were not actionable, together they amounted to a smear campaign.
September 09, 2025
Post-Chevron, DC Circ. Again Backs FERC Solar Ruling

The D.C. Circuit on Tuesday stuck to a decision backing the Federal Energy Regulatory Commission's conclusion that a hybrid solar facility qualified for small-scale power producer perks, following a U.S. Supreme Court-ordered rethink due to the elimination of so-called Chevron deference.
September 09, 2025
DA Willis, Lawmakers Cite Novel Fight In Constitutional Clash

A Georgia Senate committee investigating Fulton County District Attorney Fani Willis over her prosecution of President Donald Trump and others in an election interference case and Willis stressed to the state Supreme Court the novel nature of their dispute over a subpoena ordering her to testify, while they took competing sides on the constitutional issues at stake.
September 09, 2025
Justices Grant Fast-Track Review For Trump Tariff Suit

The U.S. Supreme Court will fast-track its consideration of the government's appeal of a Federal Circuit ruling that President Donald Trump's tariffs under the International Emergency Economic Powers Act are unlawful, according to a Tuesday order.
September 09, 2025
Why SEC, CFTC Crypto Rules 'Sprint' Could Be A Marathon

The White House-backed push to entice the crypto industry's return to the U.S. with clearer rules is off to a quick start, but experts say the process could drag on longer than anticipated as regulators navigate competing interests of embracing the evolving digital assets market and protecting consumers.
September 09, 2025
NY AG James Hires Munger Tolles For Federal Probes

New York Attorney General Letitia James recently retained top attorneys at Munger Tolles & Olson LLP amid ongoing federal investigations related to her office's past cases against the Trump Organization and the National Rifle Association.
September 09, 2025
Feds, State Push Fla. Justices To Reject Bondi Ethics Probe

The federal government and the state of Florida both threw their support behind the Florida Bar and its decision not to investigate U.S. Attorney General Pam Bondi for alleged unethical conduct, calling a Sunshine State lawyer's attempt to force an investigation "lawfare."
September 09, 2025
2nd Circ. Allows NY AG To Curb Nonprofit's Debtor Coaching

The Second Circuit vacated a lower court order that prevented New York Attorney General Letitia James from stopping a bankruptcy education nonprofit from advising low-income debtors Tuesday, saying that while the state's unauthorized practice of law statutes regulate speech, they are content neutral and should be reviewed under intermediate scrutiny.
September 09, 2025
Ex-Copyright Chief Wants Firing Declared Invalid

The former head of the U.S. Copyright Office who was fired by President Donald Trump has asked a D.C. federal court to declare that firing invalid, saying it was an attempt by the administration to "seize control of the Library of Congress and the U.S. Copyright Office."
September 09, 2025
Mich. Judge Throws Out Charges For Fake Trump 'Electors'

A Michigan judge on Tuesday dismissed all criminal charges against Republicans accused of acting as fake electors for President Donald Trump in the 2020 election, finding that prosecutors failed to show criminal intent.
September 09, 2025
Ex-CFTC Atty Presses Religious Bias Claim At 2nd Circ.

A former Commodity Futures Trading Commission lawyer urged an inquisitive panel of the Second Circuit Tuesday to revive the religious discrimination claims he brought alleging a "gag order" effectively banned him from praying with a friend who was serving as the agency watchdog at the time.
September 09, 2025
Tribes, Enviro Orgs Urge 9th Circ. To Halt Oak Flat Land Swap

The U.S. and a copper mining company can't defend a federal law authorizing a land exchange in Arizona's Tonto National Forest, conservation groups and an Apache tribe told the Ninth Circuit on Monday, arguing that requirements for mining the site are unmet due to an inadequate final environmental impact statement.

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

A Changing Playbook For Fighting Records Requests In Del.

The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
Tesla Verdict May Set New Liability Benchmarks For AV Suits

The recent jury verdict in Benavides v. Tesla is notable not only for a massive payout — including $200 million in punitive damages — but because it apportions fault between the company's self-driving technology and the driver, inviting more scrutiny of automated vehicle marketing and technology, says Michael Avanesian at Avian Law Group.
Insuring Against FCA Risk In Shifting Trade Landscape

In today's heightened trade enforcement environment, companies should proactively assess whether their insurance programs are positioned to respond to potential False Claims Act or customs-related claims, including reviewing directors and officers, professional liability, and representations and warranties policies for key terms, say attorneys at Pillsbury.
What To Expect As Trump's 401(k) Order Materializes

Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.
Demystifying The Civil Procedure Rules Amendment Process

Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
RI Menopause Law Brings New Considerations For Employers

Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.
A Foreign Currency Breach Won't Always Sink EB-5 Cases

Recent court decisions show that, while EB-5 investors must be able to show the lawfulness of their funds and methods of transfer, a third-party currency exchanger's violation of another country’s currency export control law does not, by itself, taint the funds for purposes of U.S. investment, says Jun Li at Reid & Wise.
How The 5th, DC Circuits Agreed On FCC Forfeiture Orders

The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.
FTC, CoStar Cases Against Zillow May Have Broad Impact

Zillow's partnerships with Redfin and Realtor.com have recently triggered dual fronts of legal scrutiny — an antitrust inquiry from the Federal Trade Commission and a mass copyright infringement suit from CoStar — raising complex questions that reach beyond real estate, says Shubha Ghosh at Syracuse University College of Law.
'Solicit' Ruling Offers Proxy Advisers Compliance Relief

The D.C. Circuit recently found that proxy voting advice does not fall under the legal definition of "solicitation," significantly narrowing the U.S. Securities and Exchange Commission's regulatory power over such advisers, offering stability to the proxy advisory industry and providing temporary relief from new compliance burdens, say attorneys at Sheppard Mullin.
SAM Update May Ease Tricky Timing Technicalities

The Federal Acquisition Regulatory Council's recent rule update, clarifying the System for Award Management's registration requirement, may reduce the number of disqualifications and bid protests resulting from minor lapses, but government contractors should still implement procedures to ensure early submission of registration renewals, say attorneys at Butzel Long.
Evaluating The SEC's Rising Whistleblower Denial Rate

The rising trend of U.S. Securities and Exchange Commission whistleblower award claim denials represents a departure from the SEC's previous track record and may reflect a more conservative approach to whistleblower award determinations under the current administration, say attorneys at Troutman Pepper.
State Crypto Regs Diverge As Federal Framework Dawns

Following the Genius Act's passage, states like California, New York and Wyoming are racing to set new standards for crypto governance, creating both opportunity and risk for digital asset firms as innovation flourishes in some jurisdictions while costly friction emerges in others, say attorneys at Sheppard Mullin.
How 2nd Circ. Cannabis Ruling Upends NY Licensing

A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
Key Insurance Coverage Considerations For AI Data Centers

The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.