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Public Policy

October 30, 2026
Up Next At High Court: Religious Liberty & Unpled Defenses

The U.S. Supreme Court will begin its November sitting by hearing oral arguments in a case challenging the constitutionality of Colorado's universal preschool program and a dispute asking the justices to settle a circuit split over whether defendants in civil lawsuits can seek summary judgment based on unpled affirmative defenses.
October 30, 2026
Google Search Judge 'Increasingly Concerned' By Fix Delays

Nearly a year after issuing his final mandates ordering Google to prop up search engine rivals with data and syndicated search results, a D.C. federal judge expressed concern during a hearing Friday that the process of readying the monopolization fixes won by the U.S. Department of Justice continues to drag on.
October 30, 2026
Hong Kong Telecom Ends US Services In FCC Deal

The Federal Communications Commission said Friday it has reached a consent decree resolving its investigation of Hong Kong telecom company HKT over its ties to Chinese Communist Party.
October 30, 2026
3rd Circ. Judge Notes 'Privilege' Of Voting In Pa. Ballot Fight

A Third Circuit judge said Thursday that he believed there was "no indefeasible individual right to vote," splitting from his colleagues in an appeal over fee awards in an election case to opine on collective rights, who can enforce them and who benefits from litigation over election rules.
October 30, 2026
Squires Says AI Advances Will 'Reinvigorate' The IP System

U.S. Patent and Trademark Office Director John Squires said at a conference Friday that the advent of artificial intelligence has the office "questioning everything," and he believes the technology "completely reinvigorates and allows for renewed confidence" in the patent system.
October 30, 2026
EU, Canada Seal Digital Trade Deal Amid Closer Partnership

EU and Canadian officials signed a document Friday concluding negotiations on a digital trade agreement between the two economies following a summit in Montreal where Canadian and European leaders shared new details about efforts to strengthen their economic and diplomatic ties.
October 30, 2026
FCC To Look At Clearing Airwaves For Moving Earth Stations

The Federal Communications Commission will in November consider an order that would make it easier under agency rules to deploy earth stations in motion that are mounted on ships, planes, vehicles and drones.
October 30, 2026
Groups Urge High Court To Maintain Halt Of Big Bend Wall

A group of environmental advocates urged the U.S. Supreme Court to keep in place an order that blocked construction of barriers along the Big Bend border, arguing immigration officials exceeded their authority when they circumvented certain environmental laws.
October 30, 2026
CIT OKs Chinese Solar Glass Valuation On 4th Try

The U.S. Department of Commerce properly followed U.S. Court of International Trade directions to reconsider using Romanian figures to value a specific input in a Chinese solar cell antidumping administrative review while otherwise relying on Malaysian surrogate data, the trade court said.
October 30, 2026
How A Cigar Box And An Expert On Lying Cost Meta $25B

Two lawyers who won $25 billion at a closely watched corporate deception trial against Meta said they followed three simple rules: Take extreme care with your jury questionnaire, devise your trial themes during discovery and don't be afraid of a lead witness who specializes in abstract theory.
October 30, 2026
EU Places Antidumping Duties On Chinese Polyester Fabrics

The European Commission on Friday imposed final antidumping duties on Chinese imports of polyester fabric.
October 30, 2026
3 Pro-Trump Ads Blocked Online At Taxpayer Group's Request

A Manhattan federal judge on Friday expanded her order blocking the Trump administration from displaying taxpayer-funded advertisements featuring the president, blocking three ads attacking Democrats that were posted online after the judge earlier banned a set of about a dozen ads from television.
October 30, 2026
Botox Exempt From Medicare Price Talks, Judge Rules

The Centers for Medicare & Medicaid Services can't subject AbbVie's Botox to Medicare price negotiations under the Inflation Reduction Act, a D.C. federal judge held, finding CMS misinterpreted an IRA exclusion concerning biological products derived from human plasma.
October 30, 2026
3 Ways Burgeoning AI Use Can Trip Up Benefits Providers

As the use of artificial intelligence in the employee benefits space grows, experts warn that the companies need to be vigilant to guard against mishaps caused by the emerging technology. Here, Law360 looks at three areas where benefits attorneys say AI can cause legal headaches.
October 30, 2026
1st Circ. Affirms Toss Of Challenge To DHS Records Rule

Counsel for asylum seekers and immigrants facing removal lack standing to challenge a U.S. Department of Homeland Security policy requiring them to obtain their clients' immigration and visa records via the Freedom of Information Act rather than discovery, the First Circuit has found.
October 30, 2026
Judge Opens Ethics Inquiry Into DOJ's Golf Course Candor

A D.C. federal judge opened an inquiry Friday into whether Trump administration attorneys and officials violated their ethical obligations to the court when they repeatedly told her that there were no plans to close East Potomac Golf Course for an overhaul at President Donald Trump's behest.
October 29, 2026
DOJ Boosts Alaska Election Suit As State Asks For Dismissal

The U.S. Department of Justice Thursday filed an amended, more detailed version of its lawsuit over the two Dan Sullivans running in Alaska's Senate race, prompting the state to urge the federal court to throw it out, arguing that the new complaint "has no more legal basis than the original one."
October 29, 2026
Meta Faces Senate Inquiry Over AI Glasses Privacy Risks

Two Democratic senators on Thursday launched an investigation into allegations that Meta Platforms' "smart" glasses capture sensitive images of users and bystanders without their consent and use the data to train the tech giant's artificial intelligence models.
October 29, 2026
Archaeologists Win Bid To Halt Transfer Of Native Artifacts

A Wyoming federal judge has for now blocked the U.S. Department of the Interior from moving six archaeological collections of Indigenous artifacts in Wyoming and Colorado out of the government's control, saying irreparable harm will result if the agency action moves forward.
October 29, 2026
NY Bars AI Chatbots From Using Emotional Tactics With Kids

New York Gov. Kathy Hochul signed a law Wednesday that creates a regulatory framework restricting artificial intelligence chatbots' emotional interactions with minors, spurring swift pushback from business groups, which criticized the legislation for allegedly being unconstitutionally vague and overly broad.
October 29, 2026
Colo. Justices Won't Review Hospital's Injunction Compliance

The Colorado Supreme Court declined Thursday to take up transgender youth patients' challenge to a Denver judge's ruling that discharged their contempt citation against Children's Hospital Colorado for not resuming providing medical gender-affirming care to transgender adolescents.
October 29, 2026
Panel Says Municipalities Can't Be Sued Under Colo. FCA Law

In a matter of first impression, the Colorado Court of Appeals Thursday found that a municipality can't be held liable under the Colorado False Claims Act because a municipality isn't a "person" under the statute.
October 29, 2026
7th Circ. Probes Trump's Challenge Of Ill. Sanctuary Laws

The Seventh Circuit pressed the Trump administration Thursday to address how refusal by Illinois and other sanctuary jurisdictions to help federal officers take custody of immigrants leaving state jails amounts to unlawful interference with federal immigration law, while also expressing skepticism that such cooperation amounts to unconstitutional commandeering of local law enforcement resources.
October 29, 2026
Navy Beats Clean Water Act Suit Over Fuel Discharges

A Hawaii federal judge ruled in favor of the U.S. Navy over an environmental group's claims it violated the Clean Water Act by discharging fuel into Pearl Harbor, saying there's no reasonable likelihood that the Navy will continue to do so.
October 29, 2026
GEO Says Colo. Health Inspection Law Suit Should Survive

The federal contractor that runs an immigration detention center near Denver is coming out swinging against Colorado's attempt to kill its suit challenging a state law requiring extra inspections, saying its claims cannot be considered premature just because the state has not enforced the law yet.

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

FinCEN Scam Alerts Push Banks To Rethink AML Monitoring

Recent Financial Crimes Enforcement Network guidance on digital asset scams suggests that future anti-money laundering examinations may focus less on whether institutions detect the movement of criminal proceeds and more on whether they can identify fraud schemes before victims suffer catastrophic losses, say attorneys at Ballard Spahr.
How AI Could Help Judges Spot Their Own Biases

In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.
Assessing Hidden Risk Of Administrative Agency Settlements

Though administrative resolutions of U.S. Securities and Exchange Commission investigations may seem preferable to settled federal court actions, the possibility that private plaintiffs may use commission orders in follow-on litigation poses an extra risk, increasing the importance of negotiating the settlement's form and language, say attorneys at Debevoise.
State Of Insurance: Q3 Notes From Pennsylvania

Pennsylvania courts issued several noteworthy insurance decisions last quarter, offering practical guidance for insurers evaluating public policy coverage disputes, drafting umbrella policy language and defending litigation involving claim file discoverability, says Todd Leon at Marshall Dennehey.
Risk Management Tips For Cos. Deploying Open-Weight AI

While many enterprises building out their artificial intelligence strategies are considering open-weight models, the Open-Source AI Leadership Act and accompanying congressional oversight letters to prominent tech and consumer companies signal that opportunity and legal risk are being discovered and evaluated on the same timeline, say attorneys at Cooley.
West Point Prof's Suit Tests Public Employee Speech Limits

A recent complaint in New York federal court alleging that West Point unlawfully terminated a professor who challenged a directive banning references to human causes of climate change could illuminate how academic freedom and public employee speech protections apply at a military academy, say attorneys at Foley & Lardner.
Compete Act Reinforces Calif.'s Antitrust Leadership Role

California's recent passage of the Compete Act, which expands the state's principal antitrust statute's focus on concerted multifirm conduct to business dealings between two or more firms, underscores California's leadership in state antitrust enforcement as attorneys general move to fill perceived gaps left by reduced federal oversight, say attorneys at Skadden.
NHTSA Vehicle Recorder Rule Highlights Crash Data Protocols

An amended rule from the National Highway Traffic Safety Administration will soon require vehicle event data recorders to capture more information about crashes — but to turn that data into evidence, attorneys, claims professionals and fleet managers must properly obtain and preserve it after an incident occurs, says Andrew Haling at Pathway Law.
What Expanded CMS Authority Means For Health Compliance

A recent delegation gives the Centers for Medicare & Medicaid Services independent authority to impose permissive exclusions, creating a more active federal enforcement system with heightened risks for healthcare organizations, says Jose Vela at Clark Hill.
Online Presence Complicates Defamation's Public Figure Test

Recent defamation cases demonstrate that online presence can affect how courts distinguish between public and private figures, so litigants should consider several questions when evaluating potential claims and defenses where public figure status may affect the litigation, such as whether there is a connection between the plaintiff's public activities and the alleged defamation, say attorneys at Brown Rudnick.
Navigating Criminal Liability Under Calif. Worker Safety Law

A new California law mandates agency investigation across several types of workplace safety incidents, eliminates prior discretion and imposes unprecedented parallel criminal investigations, but employers can take steps to manage the heightened enforcement risk, say Stacey Geis at Crowell & Moring and Karen Tynan at Ogletree.
Midterm Elections Outlook For Financial Services

A change in congressional control after the upcoming midterm elections could bring about slower regulatory approvals, intensified oversight and shifting enforcement priorities for the financial services industry, say attorneys at Covington.
New Manhattan DA Task Force Puts Antitrust In Its Crosshairs

The Manhattan District Attorney's Office's new corporate crime and antitrust task force is adding local criminal enforcement to a field long led by federal authorities, meaning companies need to account for potential parallel federal and state antitrust investigations when responding to misconduct, say attorneys at Ropes & Gray.
Tort Liability When AI Goes Rogue: Product Liability

The recent Hugging Face cyberattack led by artificial intelligence agents, as well as reports from AI companies themselves, suggest that sometimes there may be no reasonable way to predict or prevent harm by rogue agentic AI — but product liability law could provide a remedy in some cases, says Donald Hawthorne at Carter Ledyard.
Where Species And Wetlands Reg Rollbacks Leave Cos.

The current administration's rollbacks of regulations covering waters of the U.S. and endangered species may ease permitting burdens and shorten approval timelines, but those potential benefits are tempered by state-level protections, likely legal challenges and possible reversals by a future administration, say attorneys at White & Case.