Public Policy

November 03, 2025
'Frankly, They're Irrelevant:' ABA Ratings In Trump's 2nd Term

The American Bar Association, long considered the gold standard for rating judicial nominees, no longer gets to interview them as Trump officials claim the group's "not qualified" rating for some nominees during Trump's first term shows it is a biased and "leftist" organization. Ironically though, ABA ratings for President Donald Trump's second-term picks are mostly positive so far.
November 03, 2025
Squires' First Orders Reject PTAB Petitions En Masse

U.S. Patent and Trademark Office Director John Squires, true to his word, rejected 13 petitions for inter partes review with no explanation, furthering the administration's controversial push toward narrowing the Patent Trial and Appeal Board's place in patent litigation.
November 03, 2025
BofA Says It's Fielding 'Fair Access' Regulatory Inquiries

Bank of America Corp. has told investors it is facing government scrutiny tied to President Donald Trump's push to crack down on alleged political and religious discrimination by financial institutions.
November 03, 2025
DOJ Taps Hall Render Atty As UnitedHealth Merger Monitor

The U.S. Department of Justice asked a Maryland federal judge Monday to appoint a Hall Render Killian Heath & Lyman PC shareholder as compliance monitor as part of the settlement allowing UnitedHealth Group's merger with Amedisys.
November 03, 2025
Dems Demand FTC Probe Into Surveillance Co.'s Data Use

Two Democratic U.S. lawmakers urged the Federal Trade Commission on Monday to investigate Flock Safety over its purported failure to implement adequate cybersecurity measures, saying the surveillance technology company has exposed Americans' personal data to theft by hackers and foreign spies.
November 03, 2025
5th Circ. Wary Of Greenlighting Texas Content Filter Law

A Fifth Circuit panel seemed wary of Texas' argument that it should decide the constitutional merits of a new state law that forces companies to filter content for underage users, saying Monday the district court ought to get a chance to hear more evidence.
November 03, 2025
OpenAI Sets Policy Against Legal, Medical Advice

OpenAI has updated its user policy across its artificial intelligence platforms, including ChatGPT, saying its products can't be used by individuals to provide any legal or medical advice.
November 03, 2025
W.Va., Chamber Say NY Climate Superfund Law Is Preempted

States and business groups on Friday told a New York federal judge that the state Climate Change Superfund Act is preempted by the Constitution and the Clean Air Act and should be struck down.
November 03, 2025
DC Circ. Seems Wary Of Trump Proclamation Curbing Asylum

At least two-thirds of a D.C. Circuit panel seemed to have doubts Monday about whether the Trump administration was at liberty to ban people from seeking asylum at the southern border or whether doing so flies in the face of the Immigration and Nationality Act.
November 03, 2025
Meat Giant JBS Inks $1.1M NY AG Deal Over Climate Claims

New York Attorney General Letitia James announced Monday that JBS USA Food Co. and an affiliated holding company will pay $1.1 million to support climate-focused agriculture programs in the state as part of a settlement over allegations they misled the public about efforts to reduce their carbon footprint.
November 03, 2025
Judge Reminds Gov't To Follow Media Rules In James Case

A Virginia federal judge has reminded the parties in the government's alleged bank fraud case against New York Attorney General Letitia James not to publicly discuss grand jury proceedings after U.S. Attorney Lindsey Halligan texted with a reporter about the case in October.
November 03, 2025
SafeSport Says Coach's Claims Fail After His Arbitration Win

U.S. Gymnastics officials have asked a New Jersey federal court to toss the lawsuit brought by a coach who was temporarily suspended over abuse allegations, arguing he lacks standing to bring his case in court since he was reinstated following arbitration and there is no relief to provide.
November 03, 2025
Mass. Justices Hint Charter Schools Must Obey Records Law

Justices on Massachusetts' highest court on Monday appeared skeptical of arguments that a publicly funded charter school, unlike its city- and town-operated counterparts, is not subject to the state's public records law.
November 03, 2025
2 Doctrines Likely To Direct Justices' Review Of Trump Tariffs

When the U.S. Supreme Court hears oral arguments Wednesday over whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act, it will likely test two doctrines the justices have recently considered: the major questions and nondelegation doctrines.
November 03, 2025
Colorado Judge Denies AbbVie's Bid To Block State Drug Law

A Colorado federal judge denied AbbVie Inc.'s bid for a preliminary injunction, which would have barred the state from enforcing its laws and penalties surrounding federal 340B drug pricing.
November 03, 2025
DC Circ. Fight Grows Over Energy Dept.'s Coal Plant Order

The U.S. Department of Energy is facing an expanded challenge over its move to keep a Michigan coal-fired power plant open, as Illinois and Minnesota have asked the D.C. Circuit to overturn the agency's extension of its emergency order through Nov. 19.
November 03, 2025
DC Public Defender Funding To Halt Because Of Shutdown

Funding for public defender services in Washington, D.C., is about to run out as the government shutdown drags on, according to a recent letter from members of the D.C. Courts Joint Committee on Judicial Administration.
November 03, 2025
Calif. Can't Enforce 'Clean Trucks' Pact, Judge Says

California cannot enforce a 2023 agreement that would have subjected heavy-duty truck manufacturers to stringent state emissions standards and stiff penalties for noncompliance, after a federal judge signaled that federal law likely preempts the Golden State's standards.
November 03, 2025
Trump Blocked Again From Sending Guard To Portland

An Oregon federal judge on Sunday again blocked President Donald Trump from deploying federalized National Guard troops to Portland, finding after a bench trial that the federal government hasn't shown local protests of Trump's immigration policies constitute a "rebellion" or impede agents from executing laws to justify the Guard's deployment.
November 03, 2025
Williams & Connolly Loses FOIA Suit For Halkbank Documents

Federal agencies including U.S. Immigration and Customs Enforcement have fulfilled their obligations responding to certain Freedom of Information Act requests made by Williams & Connolly LLP in connection with its defense of Turkish state-owned bank Halkbank, a Washington, D.C., federal judge has determined.
November 03, 2025
Tribes Push Supreme Court To Overturn Okla. Tax Ruling

The Oklahoma Supreme Court incorrectly ruled that a member of the Muscogee Creek Nation owes Oklahoma income tax, groups representing Native American tribes told the U.S. Supreme Court, asking the justices to hear the case and reverse the ruling.
November 03, 2025
Academics Back IP Rights For Generated Art At High Court

A group of 14 academics and legal experts is backing an appeal to the U.S. Supreme Court from a computer scientist seeking a copyright for artwork created by a computer system he developed, telling the justices in an amicus brief that the work-for-hire doctrine should extend to such generated works.
November 03, 2025
Wireless Builders' Group Names New Top Strategist

The Wireless Infrastructure Association on Monday named a veteran market analyst to provide technical and strategic advice to the industry group.
November 03, 2025
Philip Morris To Pay $66M Under New Wash. Tobacco Deal

Washington will receive $66 million from Philip Morris under a new settlement resolving long-running disputes over annual payments owed by the major tobacco company under a landmark multistate deal with tobacco producers in 1998 over public health costs, according to the Washington State Attorney General's Office.
November 03, 2025
US, China Agree To Cut Tariffs, Restrictions In Trade Truce

The United States and China have agreed to a one-year suspension of certain tariffs, export controls and retaliatory trade restrictions, according to statements by the White House and China's Ministry of Commerce.

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

SEC Crypto Custody Relief Offers Clarity For Funds

A recent U.S. Securities and Exchange Commission staff letter supplies a workable path for registered investment advisers and funds seeking to offer crypto custody services by using state trust companies, and may portend additional useful guidance regarding crypto custody, say attorneys at Morgan Lewis.
DC Circuit Charts Path On FERC Orders In Loper Bright Era

The D.C. Circuit's recent decision in Solar Energy Industries Association v. Federal Energy Regulatory Commission, upholding the agency's assessment of a power production facility's output, laid out an approach for addressing statutory interpretation in FERC appeals in light of the U.S. Supreme Court's game-changing Loper Bright decision, say attorneys at Bracewell.
DOJ's UnitedHealth Settlement Highlights New Remedies Tack

The use of divestitures and Hart-Scott-Rodino Act compliance in the recent U.S. Department of Justice settlement with UnitedHealth Group and Amedisys underscores the DOJ Antitrust Division's willingness to utilize merger remedies under the second Trump administration, say attorneys at Buchanan Ingersoll.
When Atty Ethics Violations Give Rise To Causes Of Action

Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.
A Shift To Semiannual Reporting May Reshape Litigation Risk

While the U.S. Securities and Exchange Commission's proposed change from quarterly to semiannual reporting may reduce the volume of formal filings, it wouldn't reduce litigation risk, instead shifting it into less predictable terrain — where informal disclosures, timing ambiguities and broader materiality debates will dominate, says Pavithra Kumar at Advanced Analytical Consulting Group.
TikTok Divestiture Deal Revolves Around IP Considerations

The divestiture deal between the U.S. and China to resolve a security dispute over TikTok's U.S. operations is seen as a diplomatic breakthrough, but its success hinges on the treatment of intellectual property and may set a precedent in the global contest over digital sovereignty and IP control, say attorneys at Brownstein Hyatt.
What's New In FDA's Latest Cell And Gene Therapy Guidance

New draft guidance from the U.S. Food and Drug Administration, along with other recent initiatives, come together to promote cell and gene therapy product development by streamlining development and review pathways, say attorneys at Holland & Knight.
CFIUS Trends May Shift Under 'America First' Policy

The arrival of the Committee on Foreign Investment in the United States' latest annual report suggests that the Trump administration's "America First" policy will have a measurable effect on foreign investment, including improved trendlines for investments from allied sources and increasingly negative trendlines for those from foreign adversary sources, say attorneys at Debevoise.
How Gov't May Use FARA To Target 'Domestic Terrorism'

After the Trump administration’s recent memo directing law enforcement to use the Foreign Agents Registration Act to prosecute domestic terrorism, nonprofit organizations receiving funding from foreign sources must assess their registration obligations under the statute, say attorneys at Pillsbury.
What's Changing For Cos. In New Calif. Hazardous Waste Plan

While the latest hazardous waste management plan from California's Department of Toxic Substances Control still awaits final approval, companies can begin aligning internal systems now with the plan's new requirements for environmental justice, waste and disposal reduction, waste criteria, and capacity planning, says Thierry Montoya at Frost Brown.
What CFTC Push For Tokenized Collateral Means For Crypto

The Commodity Futures Trading Commission's recent request for comment on the use of tokenized products as collateral in derivatives markets signals that it is expanding the scope and form of eligible collateral, and could broaden the potential use cases for crypto-assets held in tokenized form, say attorneys at Dechert.
H-1B Fee Guidance Is Helpful But Notable Uncertainty Persists

Recent guidance narrowing the scope of the $100,000 entry fee for H-1B visas will allow employers to plan for the hiring season, but a lack of detail about the mechanics of cross-agency payment verification, fee exemptions and other practical matters still need to be addressed, say attorneys at Klasko Immigration Law Partners.
Navigating EPA Compliance As Gov't Shutdown Continues

As the federal government shutdown drags on, industries regulated by the U.S. Environmental Protection Agency can expect application and permitting delays, limited guidance from EPA personnel regarding compliance matters, and stalled court proceedings — but there are strategies that can help companies deal with these problems, says Lauren Behan at Goldberg Segalla.
State Of Insurance: Q3 Notes From Pennsylvania

Todd Leon at Marshall Dennehey discusses three notable Pennsylvania auto insurance developments from the third quarter, including the Third Circuit weighing in on actual cash value, a state appellate court opining on the regular use exclusion and state legislators introducing a bill to increase property damage minimums.
How Calif. Zoning Bill Is Addressing The Housing Crisis

The recently signed S.B. 79 represents a significant step in California's ongoing efforts to address the housing crisis by upzoning properties near qualifying transit stations in urban counties, but counsel advising on S.B. 79 will have to carefully parse eligibility and compliance with the bill and related statutes, says Jennifer Lynch at Manatt.