Public Policy

  • August 15, 2025

    DOJ Backs Small Biz In Gender Dysphoria Coverage Dispute

    The U.S. Department of Justice told a New Hampshire federal court Friday that employers are not required under federal anti-discrimination laws to provide medical coverage for gender dysphoria, and that federal religious freedom law protects a turbomachinery company from covering a transgender employee's treatment for the disorder.

  • August 15, 2025

    18 AGs, Governors Sue To Block DOE Funding Cap

    A coalition of 20 states and Washington, D.C. on Friday hauled the U.S. Department of Energy into Oregon federal court, challenging a policy they say places a new cap on reimbursements for administrative and staffing costs, and thus slashes funds needed for state-run energy programs.

  • August 15, 2025

    'Alarm Should Ring': Judge Blocks FTC's Media Matters Probe

    A Washington, D.C., federal judge Friday preliminarily blocked the Federal Trade Commission from moving forward with its investigation into the left-leaning Media Matters for America, saying the investigation is likely a retaliatory response to an article reporting that ads on Twitter appeared next to antisemitic posts following Elon Musk's acquisition.

  • August 15, 2025

    Stewart Issues Dozens More Discretionary Denial Decisions

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart denied numerous petitions challenging patents on discretionary grounds this week, while referring a smaller number of cases to the Patent Trial and Appeal Board.

  • August 15, 2025

    Judiciary Starts Rule Debate Spanning AI, Subpoenas, More

    The federal judiciary's comment clock officially started ticking Friday for rulemaking efforts spanning a smorgasbord of subjects, from high-tech testimony utilizing artificial intelligence to the low-tech tasks of hand-delivering subpoenas and paying witness fees.

  • August 15, 2025

    DOJ Ramps Up Assault On Calif. Truck Emissions Standards

    The Trump administration increased its assault on California's stringent emissions standards for heavy-duty trucks, saying Friday that it has intervened in lawsuits to strike down the Golden State's attempts to still enforce its standards in defiance of federal law.

  • August 15, 2025

    Baby Co. Says CPSC's 'False' Safety Concerns Tanked Sales

    Baby sleep sack maker Dreamland Baby Co. has filed a $90 million suit against the federal government, claiming that former Consumer Product Safety Commissioner Richard Trumka Jr. ruined its reputation and damaged its sales by falsely suggesting that weighted infant sleep products aren't safe.

  • August 15, 2025

    Fla. Book Ban Law Struck Down For Vagueness

    A Florida federal judge has found a state law restricting books in school libraries to be unconstitutionally overbroad and vague, handing a win to the publishing houses, parents of schoolchildren and bestselling authors who had teamed up to fight it.

  • August 15, 2025

    Eric André's Airport Stop Suit Partially Revived By 11th Circ.

    The Eleventh Circuit has partially revived comedian Eric André's lawsuit alleging he was subjected to a "degrading" search and seizure by police at an Atlanta airport, restoring his Fourth Amendment claims Friday while backing the dismissal of his allegations that he was racially profiled.

  • August 15, 2025

    White Supremacist's Sentence Upheld Despite Discovery Error

    The Fourth Circuit ruled Friday that a leader of a white supremacist street gang can't escape his 25-year prison sentence, rejecting the argument that his plea agreement was invalid since prosecutors' discovery was missing pages.

  • August 15, 2025

    NetChoice Sues Colo. Over Social Media Warnings For Minors

    A trade association representing social media giants Meta, YouTube, Reddit and others claims a Colorado law set to go into effect next year that will require social media platforms to display warning messages for minors is compelled speech in violation of the First Amendment.

  • August 15, 2025

    DC Judge Gets City And Feds To Strike Deal On Police Takeover

    A federal judge hesitated Friday to restrain the Trump administration from taking over the District of Columbia Metropolitan Police Department, successfully urging the city and government attorneys to iron out an agreement instead to divert the court's immediate intervention.

  • August 15, 2025

    Federal Reserve To End Crypto-Focused Supervisory Program

    The Federal Reserve Board on Friday announced the end of a Biden-era supervisory program that specifically oversaw banks' crypto and fintech activities, a move that comes after Wall Street trade groups argued that the program unfairly subjected banks to a higher level of scrutiny for their use of novel tech.

  • August 15, 2025

    5th Circ. Says PWFA Was Constitutionally Enacted

    The U.S. Equal Employment Opportunity Commission was wrongly blocked from enforcing the Pregnant Workers Fairness Act against the state of Texas, the Fifth Circuit ruled Friday, saying the U.S. Constitution didn't require House lawmakers' physical presence to have a quorum when the statute was approved.

  • August 15, 2025

    Interior Dept.'s Clean Energy Rules Could Snag Grid Hookups

    Recent U.S. Department of the Interior moves to place additional regulatory and permitting burdens on renewable energy facilities may also cover projects those facilities need to get on the grid, the agency has told Law360.

  • August 15, 2025

    Bid To Stop Spectrum Rule Waiver Renewed At FCC

    A spectrum licensee is calling out the Federal Communications Commission's decision to assign licenses previously held by Telesaurus Holdings and Skybridge Spectrum Foundation to Progeny LLC, saying the commission's waiver of spectrum aggregation limits in the M-LMS band for Progeny reflects "arbitrary, preferential decision-making" that others haven't been granted. 

  • August 15, 2025

    Feds Look To End Seminole Land Seizure Dispute

    The federal government urged a Florida federal court to toss a suit by two members of the Seminole Tribe of Florida who say federal agencies are threatening to confiscate their land inside Big Cypress National Preserve, arguing they fail to allege any waiver of U.S. sovereign immunity.

  • August 15, 2025

    Trump's Divisive 'China Initiative' May Get A Vigorous Reboot

    The Trump administration's ongoing battles with major universities may soon include the revival of an initiative that, with mixed success, targeted professors with ties to China during the president's first term, and experts told Law360 the second incarnation may be even more aggressive.

  • August 15, 2025

    Amazon Keeps Damages Expert For FTC's Prime Case

    A Washington federal judge refused Friday to nix an Amazon.com expert from the Federal Trade Commission case accusing the retail giant of using "dark patterns" to trick users into Prime subscriptions, allowing the jury to hear arguments that the FTC's accusations under an online shopping protection law are "an unpredictable departure."

  • August 15, 2025

    Chippewa Cree Sues Montana County Over Native Vote Dilution

    An Indigenous tribe is asking a federal court to block Chouteau County, Montana, from using an at-large election system and implementing three single-member voting districts, arguing the policies are artificially suppressing Native Americans' ability to equally participate in the electoral process.

  • August 15, 2025

    Judge Clears School Of Violating GOP Club's Speech Rights

    A Michigan federal judge has ruled that a public high school in Ann Arbor did not violate the constitutional rights of conservative students by refusing to air an announcement opposing an abortion rights measure.

  • August 15, 2025

    Texas AG Opens Investigation Into Xcel Over Panhandle Fires

    Texas Attorney General Ken Paxton said he's investigating whether Xcel Energy and a contractor broke any laws in connection with devastating fires in the Texas Panhandle last year, questioning whether they put environmental or diversity goals ahead of safety.

  • August 15, 2025

    5th Circ. Backs San Antonio's Park Plan Over Tribal Protests

    The Fifth Circuit has upheld a lower court order saying a San Antonio park has legitimate public safety issues that allow the city to implement a tree removal plan and rookery management measures while also giving tribal members access to a disputed area for religious ceremonies.

  • August 15, 2025

    IRS Strips 5% Safe Harbor In Solar, Wind Tax Credit Guidance

    Large-scale clean energy projects seeking to claim solar and wind tax credits before they expire under a new accelerated sunset schedule can no longer rely on a safe harbor to incur 5% of the building costs to establish eligible construction start dates under Internal Revenue Service guidance released Friday.

  • August 15, 2025

    Mass. Nonprofit To Pay $1M To Settle FCA Allegations

    A Massachusetts nonprofit will pay $1 million to settle allegations it violated the False Claims Act by securing a pandemic relief loan that it was never eligible for and was later forgiven, federal prosecutors said Friday.

Expert Analysis

  • Unpacking Ore. Law's Limits On PE Healthcare Investment

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    A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.

  • Environmental Justice Is Alive And Well At The State Level

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    Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.

  • What FinCEN's AML Rule Delay Means For Advisers

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    Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • What Insurers Must Know About New La. Proof Of Loss Law

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    Insurers that comply with all the requirements under a Louisiana law effective this month may condition claim payments on receipt of proof of loss statements, but those that overlook even one prerequisite risk penalties and late payments, say attorneys at Phelps Dunbar.

  • Legal Jeopardy Looms Over Trump's Trade Negotiation Plans

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    Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.

  • Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal

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    After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.

  • Opinion

    Furtive Changes To Federal Health Data Threaten Admissibility

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    A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.

  • State Laws Show Uniformity Is Key To Truly Fair Bank Access

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    The lack of uniformity among state laws — including new Idaho legislation — that forbid banks from discriminating against customers based on ideology shows that a single set of federally administered fair access rules would better serve financial institutions and American consumers, say attorneys at Bradley Arant.

  • A Look At Justices' Rare Decision Not To Limit Agency Powers

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    The Supreme Court's recent denial of Alpine's cert petition in its long-running case against the Financial Industry Regulatory Authority sends a strong signal that litigation strategies dependent on the elimination of government agencies merit caution, even from a court that lately hasn't been shy about paring back agency authority, say attorneys at Venable.

  • Series

    Hiking Makes Me A Better Lawyer

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    On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

  • Opportunity Zone Overhaul Is Good News For Investors

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    Recently enacted reforms making the qualified opportunity zone program permanent, restoring the basis step-up for capital gains and adding flexibility to the zone designation process enhance the program’s appeal for long-term investment, says Steven Hadjilogiou at McDermott.

  • What US-India Trade Deal Will Mean For Indian Pharma

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    Complicated by newly imposed tariffs from the U.S., the outcome of the U.S.-India trade talks is poised to reshape not just trade policy, but also the strategic alignment of the two countries' pharmaceutical ecosystems, says Jashaswi Ghosh at Holon Law Partners.

  • Opinion

    Time For Full Disclosure Of Third-Party Funding In MDLs

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    It is appropriate that the Federal Advisory Committee on Civil Rules is considering a rule to require disclosure of third-party litigation funding in civil litigation — something that is particularly needed in multidistrict litigation, which now comprises more than half of all civil cases in the federal courts, says Eric Hudson at Butler Snow.

  • Regulating Online Activity After Porn Site Age Check Ruling

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    A recent U.S. Supreme Court decision upholding an age verification requirement for accessing online adult sexual content applied a lenient rational basis standard, raising questions for how state and federal courts will determine what kinds of laws regulating online activity will satisfy this standard going forward, say attorneys at Hogan Lovells.

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