Public Policy

  • August 04, 2025

    5th Circ. Pushes FERC To Justify Keeping Pipeline Rate Cap

    A Fifth Circuit panel on Monday challenged the Federal Energy Regulatory Commission's position that two pipeline owners have monopolistic power, suggesting that's not the case if customers have other routes for distributing oil.

  • August 04, 2025

    UT Austin Denies Threatening Prof Who Criticized Leaders

    The University of Texas at Austin denied threatening a professor who publicly criticized its leadership, telling the Fifth Circuit that its employee has remained on staff three years after his speech was allegedly chilled and "refuses to take 'yes' for an answer."

  • August 04, 2025

    DOJ Investigates FlixBus, Greyhound Over ADA Complaints

    Greyhound and Flixbus are being investigated by the U.S. Department of Justice over allegations that they are discriminating against riders with disabilities by denying them reasonable accommodations, including failing to properly maintain lifts on buses, not helping riders use the lifts and refusing to allow service animals to be with riders. 

  • August 04, 2025

    Frontier, Verizon To Invest $8M In Rural Arizona Broadband Fix

    Arizona is waiting for its corporation commission to green-light a settlement with Frontier and Verizon that includes an $8 million investment from the telecommunications companies to expand and enhance rural broadband in Navajo and Apache counties.

  • August 04, 2025

    Top Groups Lobbying The FCC

    Lobbying heated up in July as the Federal Communications Commission heard from advocates close to 200 times on issues ranging from spectrum deals to regulatory cuts, spacecraft licensing, undersea cable security, broadband deployment hurdles and more.

  • August 04, 2025

    DC Circ. Lets Trump Border Asylum Ban Continue, With Limits

    The D.C. Circuit has allowed the Trump administration to continue enforcing a policy that largely bars asylum at the southern border for now, but said it can't deport noncitizens without honoring legal protections for those who fear torture or persecution.

  • August 04, 2025

    Chamber Wants FTC's Merger Notice Overhaul Nixed

    The U.S. Chamber of Commerce has urged a Texas federal judge to upend a dramatic overhaul of merger filing requirements that it argued exceeded Federal Trade Commission authority, was made without a proper cost-benefit analysis and amounts to a solution in search of a problem.

  • August 04, 2025

    GTCR Says Buyer In Place For Potential FTC Divestiture Deal

    Private equity firm GTCR BC Holdings told an Illinois federal court it has a signed agreement with a buyer for a deal that should fix the concerns raised by the Federal Trade Commission over its planned $627 million purchase of a medical device coatings company.

  • August 04, 2025

    Nurse Agrees To Repay $614K For False Claims In Conn.

    A nurse who owned a medication management business and two Connecticut residential care homes agreed on Monday to settle state and federal False Claims Act allegations for $614,000, ending allegations that he billed Medicare and Medicaid impossible daily hours and for clients that were hospitalized or dead.

  • August 04, 2025

    9th Circ. Rejects Most Of Sodexo's ERISA Arbitration Push

    The Ninth Circuit said Monday that employers can't unilaterally change Employee Retirement Income Security Act-governed plans to require arbitration, backing the bulk of a trial court ruling that refused to throw out of court a nicotine fee lawsuit against food service company Sodexo.

  • August 04, 2025

    Enbridge Asks Judge To Block Mich. Pipeline Shutdown Order

    Energy infrastructure firm Enbridge has told a federal court that Michigan's efforts to shut down a U.S.-Canada pipeline are preempted by federal law, while the state urged the court to drop or stay the case because of a parallel state court action that is teed up for U.S. Supreme Court review. 

  • August 04, 2025

    Hemp Org. Applauds Removal Of Ban From Spending Bill

    A national hemp industry trade organization on Monday said it was grateful for the removal of language from a Senate appropriations bill that would have banned consumable hemp-derived products with psychoactive THC.

  • August 04, 2025

    EU Postpones Tariffs To Finalize US Trade Agreement

    The European Union will delay planned trade countermeasures for the next six months, including tariffs on over €93 billion ($107.6 billion) of U.S. goods entering the bloc, as the EU and U.S. work toward implementing the framework trade deal agreed to last week, a spokesperson for the European Commission said Monday.

  • August 04, 2025

    Google Says Term Limits Only Needed For Some Search Fixes

    Google told the D.C. federal court overseeing the government search monopolization case that there is no need to put a one-year term limit on its default search agreements with Android device manufacturers and wireless carriers because they are not exclusive.

  • August 04, 2025

    Chemical Group Says Fluoride Judge Got It Wrong

    The American Chemistry Council told the Ninth Circuit that a California federal judge who ruled that current limits on fluoride in drinking water aren't protective enough misinterpreted the Toxic Substances Control Act and urged reversal of his decision.

  • August 04, 2025

    DOJ Defends IRS-ICE Data Sharing Pact In DC Circ.

    The D.C. Circuit should reject four immigrant advocacy groups' push to prevent the IRS from disclosing confidential tax return information to immigration enforcement authorities, the government said Monday, arguing there's no concrete evidence that the information sharing will harm the groups' members.

  • August 04, 2025

    Trump Admin To Test $15K Visa Bond For Some Visitors

    The U.S. Department of State on Monday unveiled a 12-month pilot program that will require noncitizens seeking tourist or business visas from countries with high rates of visa overstays to post a bond of up to $15,000 to obtain a visa.

  • August 04, 2025

    Fla. Tribe Joins Suit Over 'Alligator Alcatraz' In Everglades

    A Florida tribe has joined green groups in hitting Homeland Security Secretary Kristi Noem and state officials with environmental claims that the immigration detention center known as "Alligator Alcatraz" constructed in the Everglades violates a slew of federal statutes.

  • August 04, 2025

    Mississippi Judge Won't Explain TRO Errors In Suit Over DEI

    A Mississippi federal judge won't explain how his decision pausing enforcement of a state law barring diversity, equity and inclusion in public schools contained nonexistent allegations, wrongly identified plaintiffs and defendants and quoted terms that don't appear in the legislative text, ruling that the court isn't obligated to do so.

  • August 04, 2025

    FinCEN Urges Industry To Stay 'Vigilant' On Crypto ATM Fraud

    The U.S. Department of the Treasury's Financial Crimes Enforcement Network on Monday cautioned about rising fraud involving crypto ATMs, saying criminals are increasingly using the kiosks to launder money and scam vulnerable consumers, especially seniors.

  • August 04, 2025

    DC Circ. Upholds FCC's Foreign Sponsorship Rule

    The D.C. Circuit upheld the Federal Communications Commission's 2024 foreign sponsorship disclosure rule for broadcasters Friday, rejecting arguments that the rule violated First Amendment speech protections and even reprimanding the premature leaking of nonpublic rulemaking details to broadcasters, calling the process a "new low" of industry capture.

  • August 04, 2025

    DOJ Fights Md. Judges' Bid To Ax Suit Over Habeas Orders

    The Department of Justice is standing by its lawsuit challenging a standing order in the District of Maryland that temporarily blocks the deportation of detained noncitizens who file habeas petitions, saying a recent dismissal bid misses the mark because "even a small delay" is "irreparable harm to sovereign interests."

  • August 04, 2025

    Moderna Seeks To Be Cleared In $5B COVID Vax Patent Case

    Moderna has urged a Delaware federal judge to clear it in a rival mRNA vaccine developer's $5 billion patent suit over the company's COVID-19 vaccines, saying it is shielded because it made them for the federal government.

  • August 04, 2025

    Conn. Justices Block Rehab Center's Bid To Halt Rival Permit

    A northwestern Connecticut drug rehabilitation facility lacks standing to challenge the state Department of Public Health's approval of a small-town rival's permit, the Connecticut Supreme Court ruled Monday, holding that a statute does not require regulators to consider effects on local competition when OK'ing new healthcare facilities.

  • August 04, 2025

    EU Court To Hear Digital Nomad Case Against VAT Rules

    A European Union court will hear the case of an online short-term rental company against the bloc's deemed supplier rules for value-added tax on the grounds that the provisions disadvantage the industry, according to a notice issued Monday.

Expert Analysis

  • Plan For Increased HSR Info Sharing With Wash. Antitrust Law

    Author Photo

    Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.

  • Federal Construction Considerations Amid Policy Overhaul

    Author Photo

    The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.

  • FMLA Expansion Sees State Progress Despite Federal Barriers

    Author Photo

    Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.

  • How Political Divisions Are Stalling Pa. Energy Development

    Author Photo

    Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.

  • 3rd-Party Audit Tactics To Improve Export Control Compliance

    Author Photo

    Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.

  • A Look At Trump Admin's Shifting Strategies To Curtail CFPB

    Author Photo

    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Evading DOJ Crosshairs As Data Security Open Season Starts

    Author Photo

    As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.

  • How Trump's Trade Policies Are Shaping Foreign Investment

    Author Photo

    Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.

  • How Trump Admin Treasury Policies Are Reaching Banks

    Author Photo

    The Treasury Department has emerged as an important facilitator of the Trump administration's financial policies affecting banks, which are now facing deregulation domestically and the use of international economic authorities in cross-border trade and investment, say attorneys at Davis Polk.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

    Author Photo

    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • FTC Focus: Enforcers Study AI Innovation And Entrenchment

    Author Photo

    The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.

  • High Court ACA Ruling May Harm Preventative Care

    Author Photo

    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

  • Policy Shifts Bring New Anti-Money Laundering Challenges

    Author Photo

    In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

    Author Photo

    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits

    Author Photo

    Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Public Policy archive.