Public Policy

  • March 03, 2026

    Split 9th Circ. Tells EPA To Review Cadmium's Species Impact

    The U.S. Environmental Protection Agency must analyze how its revised water quality standards for cadmium would affect endangered species, a split Ninth Circuit ruled Tuesday, upholding a conservation organization's victory in a lawsuit over the agency's guidance tripling the levels of the heavy metal allowed in U.S. waters.

  • March 03, 2026

    Tunnel Funding Freeze Fight Is In Wrong Court, 2nd Circ. Told

    New York and New Jersey's federal lawsuit challenging a freeze on Gateway Tunnel funding must be dismissed because it falls within the exclusive jurisdiction of the U.S. Court of Federal Claims, the U.S. Department of Transportation argued to the Second Circuit on Tuesday.

  • March 03, 2026

    New Whistleblower Program Adds 'Bit More Stick,' DOJ Says

    The U.S. Department of Justice Antitrust Division's new whistleblower rewards program partnership with the U.S. Postal Service doesn't displace the leniency program by which companies disclose potential price-fixing and other antitrust violations, a DOJ official said Tuesday in Washington, D.C., but it is an important complement.

  • March 03, 2026

    7th Circ. Expedites Bank Appeal Of Ill. Swipe-Fee Law

    The Seventh Circuit granted banking and credit union trade groups' bid to fast-track their appeal over the Illinois Interchange Fee Prohibition Act after they asked to schedule the case for a decision before the law banning swipe fees on tax and tip payments takes effect July 1.

  • March 03, 2026

    Dems Want Investigation Into DHS Location Data Buys

    Dozens of Democratic lawmakers on Tuesday asked a federal watchdog to investigate whether the U.S. Department of Homeland Security restarted a program to buy location data on Americans without warrants.

  • March 03, 2026

    XAI Presses Judge To Block California's AI Disclosure Law

    XAI has told a California federal judge that the state had fallen short of its obligations to inform the court and the company if it planned to institute any enforcement actions when responding to a court order, with xAI reiterating its request for the court to block a law that would require data used to train artificial intelligence be disclosed.

  • March 03, 2026

    Judge Says Accounts Of DOJ And FEMA 'Completely Different'

    A California federal judge overseeing a lawsuit by federal worker unions, local governments and nonprofits challenging Trump administration layoffs expressed deep frustration Tuesday after a U.S. Department of Justice attorney contradicted a senior Federal Emergency Management Agency official's sworn declaration in the case.

  • March 03, 2026

    Iran War Has Oil & Gas Dealmakers Holding Their Breath

    Oil and gas dealmakers are cautiously optimistic they can ride out any immediate energy market volatility caused by the U.S. and Israel-Iran war, but the potential for disrupted transactions will grow if the conflict drags on, or continues to provoke Middle East neighbors.

  • March 03, 2026

    Iridium Challenges 'Spectrum Hoarder' Ligado's SkyTerra Plan

    Iridium has urged the Federal Communications Commission to reject Ligado Networks' push for a carveout from licensing rules to allow AST to build a new satellite constellation in the L-band airwaves, saying it could interfere with other users.

  • March 03, 2026

    Fla. House Passes Land Use Bill With Local Preemptions

    The Florida House on Tuesday passed a bill weakening local government control over land use law with steps that its sponsor said are necessary to address a housing affordability crisis but that critics decried as a handout to developers.

  • March 03, 2026

    House OKs Effort To Ease Broadband Builds On Federal Land

    The U.S. House voted Tuesday to direct land management agencies to study how they can ease the process for allowing broadband infrastructure to run through public lands.

  • March 03, 2026

    Apple Asks 9th Circ. To Rethink Part Of App Store Injunction

    Apple asked the Ninth Circuit to reconsider part of a panel decision that largely affirmed an injunction in the case being brought by Epic Games Inc. that blocked the tech giant from charging developers "prohibitive" commissions on iPhone app purchases made outside its payment systems.

  • March 03, 2026

    Mass. Sheriff Must Face Pot Extortion Charges

    A federal judge on Tuesday denied a request by a Massachusetts sheriff to toss charges that he used his position to obtain pre-initial public offering shares in a cannabis dispensary and a refund when their value dropped.

  • March 03, 2026

    Ex-FDA Leaders Rebut Contraception Rollbacks At 3rd Circ.

    Former FDA commissioners argued that Trump-era religious exemptions for birth control coverage jeopardize public health and distort medical science, in an animus brief filed Monday with the Third Circuit.

  • March 03, 2026

    NC Town Must Face Firefighter's Retaliation, Free Speech Suit

    A former part-time fire chief who accused a North Carolina town of terminating him after he sought to improve firefighter pay and benefits can proceed with his retaliation lawsuit, as a North Carolina federal court said it's too early to know if his ex-employer is immune from the suit.

  • March 03, 2026

    Conn. Beats Challenge To Open Carry Ban, Handgun Limits

    Two gun owners and an Idaho-based nonprofit lack standing to sue a Connecticut prosecutor in an effort to invalidate the state's open carry ban and its three-per-month limitation on handgun purchases, a federal judge has ruled.

  • March 03, 2026

    Wash., Cities Say Pandemic Eviction Moratoria Suit Is Too Late

    Washington and a host of municipal governments throughout the state urged a federal court to toss landlords' suit challenging several pandemic-era eviction moratoria, arguing the claims are barred by a three-year statute of limitations.

  • March 03, 2026

    GOP Pushes For DHS Funding Amid War With Iran

    Republicans are putting pressure on Democrats to support funding for the U.S. Department of Homeland Security as the U.S. and Israel-Iran war continues.

  • March 03, 2026

    5th Circ. Unsure Grid Hookup Request Cap Hurts States

    A Fifth Circuit panel appeared skeptical that Louisiana and Mississippi utility regulators deserve an exemption from the cap on the number of electricity generation projects in a regional grid operator's interconnection request queue, asking Tuesday if any state had previously enjoyed a waiver.

  • March 03, 2026

    Optimum Wants FCC Conditions On Nexstar-Tegna Deal

    If the Federal Communications Commission approves Nexstar and Tegna's $6.2 billion megamerger, it must also put tight restrictions on the companies' plans to hike up retransmission consent fees, one cable and internet provider is telling the agency.

  • March 03, 2026

    Wash. Tribes Want Shot At Remaining $184M In Salmon Funds

    Two Washington tribes are looking to temporarily block the federal government from awarding millions in tribal hatchery grants to 27 Indigenous nations, arguing that they and the Pacific salmon will suffer irreparable harm if the money is disbursed without their communities being able to apply for the funding.

  • March 03, 2026

    Early Publicity Could Poison DOJ's Criminal Cases, Attys Say

    The U.S. Department of Justice under President Donald Trump has shrugged off long-standing prosecutorial policies against publicizing criminal probes in their early stages and disparaging the targets, an "unusual" and "troubling" development that threatens the integrity of investigations, grand jury proceedings and the right to a fair trial, experts tell Law360.

  • March 03, 2026

    DC Circ. Urged To Aid Discovery In ICE-IRS Data-Sharing Case

    A taxpayer group challenging the legality of a deal allowing the Internal Revenue Service to share taxpayer location information with immigration authorities asked the D.C. Circuit to remand part of the case to investigate the IRS' admission that it improperly shared addresses under the agreement.

  • March 03, 2026

    Monthly Merger Review Snapshot

    The U.S. Department of Justice got its antitrust case against Live Nation and Ticketmaster teed up for trial, as a court continues mulling the department's settlement last year in a case challenging a deal by Hewlett Packard Enterprise, and lawmakers call for scrutiny of Paramount Skydance's blockbuster acquisition of Warner Bros. Discovery.

  • March 03, 2026

    Florida High Court Urged To Kill Marijuana Legalization Effort

    Florida election officials told the state's highest court Monday that a lower court was correct in invalidating thousands of signatures in support of the latest effort to legalize retail marijuana via ballot initiative.

Expert Analysis

  • A Closer Look At California Financial Regulator's 2026 Agenda

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    California Department of Financial Protection and Innovation Commissioner KC Mohseni in recent remarks demonstrated the regulator's growing importance amid the Consumer Financial Protection Bureau's retreat by debuting expansive goals for 2026, including finalizing rulemaking for the state's digital asset law and expanding enforcement authority around consumer complaints, says John Kimble at Hinshaw.

  • California's New Privacy Laws Demand Preparation From Cos.

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    An increase in breach disclosures is coinciding with California's most comprehensive privacy and artificial intelligence legislation taking effect, illustrating the range of vulnerabilities organizations in the state face and highlighting that the key to successfully managing these requirements is investing in capabilities before they became urgent, says Camilo Artiga-Purcell at Kiteworks.

  • USPTO Initiatives May Bolster SEP Litigation In The US

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    The U.S. Patent and Trademark Office's recent efforts to revitalize standard-essential patent litigation face hurdles in their reliance on courts and other agencies, but may help the U.S. regain its central role in global SEP litigation if successful, say attorneys at Axinn.

  • Series

    Trail Running Makes Me A Better Lawyer

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    Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

  • Navigating New Risks Amid Altered Foreign Issuer Landscape

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    The U.S. Securities and Exchange Commission's potential rulemaking to redefine who qualifies as a foreign private issuer will shape securities regulation and enforcement for decades, affecting not only FPIs and U.S. investors but also the U.S.' position in global capital markets, says Elisha Kobre at Sheppard.

  • Predicting Actual Impact From CDC's New Vaccine Guidance

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    Recent federal changes to the childhood immunization schedule, reducing the number of vaccine recommendations from 18 to 11, do not automatically create enforceable obligations for parents, schools or healthcare providers, but may spur litigation and other downstream effects on school policies and state guidelines, says Mehdi Sinaki at Michelman & Robinson.

  • Open Questions After Defense Contractor Executive Order

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    The scope and long-term effects of President Donald Trump’s executive order on the U.S. defense industrial base are uncertain, but the immediate impact is significant as it appears to direct the U.S. Department of Defense to take a more active role in contractor affairs, say attorneys at Morgan Lewis.

  • Reflections From High Court Oral Args Over Fed Gov. Removal

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    In the oral arguments last month for Trump v. Cook, which asks the U.S. Supreme Court to clarify the circumstances under which the president can remove a Federal Reserve Board governor, the justices appeared skeptical about ruling on the substantive issues in view of the limited record and analysis, say attorneys at Ballard Spahr.

  • What NY's GHG Reporting Program Means For Oil, Gas Cos.

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    New York's new Mandatory Greenhouse Gas Reporting Program represents a significant compliance regime for the oil and gas industry, so any business touching the state's fuel market should determine its obligations, and be prepared to gather data, create a monitoring plan and institute controls for accurate reporting, say attorneys at White & Case.

  • USPTO's New Patentability Focus Helps Emerging Tech

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    The U.S. Patent and Trademark Office's recent efforts to shift patentability criteria back toward traditional standards of novelty, obviousness and adequate disclosure should make it easier for emerging tech, including artificial intelligence, to obtain patents, says Bill Braunlin at Barclay Damon.

  • What's At Stake In Possible Circuit Split On Medicaid Rule

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    A recent Eleventh Circuit decision, reviving Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, sets up a potential circuit split with the Fifth Circuit, with important ramifications for states looking to private administrators to run provider tax programs, say Liz Goodman, Karuna Seshasai and Rebecca Pitt at FTI Consulting.

  • How States Are Advancing Enviro Justice Policies

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    The federal pullback on environmental justice creates uncertainty and impedes cross‑jurisdictional coordination, but EJ diligence remains prudent risk management, with many states having developed and implemented statutes, screening tools, permitting standards and more, say attorneys at King & Spalding.

  • CFIUS Risk Lessons From Chips Biz Divestment Order

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    President Donald Trump's January executive order directing HieFo to unwind its 2024 acquisition of a semiconductor business with ties to China underscores that even modestly sized transactions can attract CFIUS interest if they could affect strategic areas prioritized by the U.S. government, say attorneys at Debevoise.

  • What Applicants Can Expect From Calif. Crypto License Law

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    With the July effective date for California's Digital Financial Assets Law fast approaching, now is a critical time for companies to prepare for licensure, application and coverage compliance ahead of this significant regulatory milestone that will reshape how digital asset businesses operate in California, say attorneys at MoFo.

  • Elections Mean Time For Political Law Compliance Checkups

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    An active election year is the perfect time for in-house counsel to conduct a health check on their company's corporate political law compliance program to ensure it’s prepared to minimize risks related to electoral engagement, lobbying, pay-to-play laws and government ethics rules, say attorneys at Steptoe.

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