Public Policy

  • February 12, 2026

    EPA Targets High Court Do-Over With GHG Rule Repeal

    The Trump administration's removal of the link between greenhouse gases and public health takes aim at the U.S. Supreme Court's 2007 landmark determination that GHGs are air pollutants, and will spark a prolonged battle with consequent uncertainty for industries.

  • February 12, 2026

    Affairs, Spending Come Out In Goldstein Cross-Examination

    SCOTUSblog founder Thomas Goldstein was confronted Thursday with allegations of extramarital affairs, lavish spending and lies on asset disclosures, all in front of the jury in his ongoing tax fraud trial.

  • February 12, 2026

    5th Circ. Upholds Texas Ban On Compensated Vote Harvesting

    The Fifth Circuit on Thursday reinstated enforcement of Texas' felony ban on compensated vote harvesting, saying that hypothetical scenarios are not enough to claim that a law is unconstitutional.

  • February 12, 2026

    US Sets 15% Tariff On Taiwanese Imports In Trade Deal

    Taiwan has agreed to lift nearly all of its tariffs on U.S. imports and pledged to purchase nearly $85 billion in American goods in exchange for a 15% tariff on Taiwanese goods, according to a reciprocal trade deal signed Thursday.

  • February 12, 2026

    DC Judge Skeptical Funding Lapse Settles ICE Visit Policy Row

    A D.C. federal judge considered Thursday whether the U.S. Department of Homeland Security permissibly used a funding gap to freshen up a policy requiring a week's notice for congressional oversight visits, or if a longstanding spending rider prohibits the move.

  • February 12, 2026

    7th Circuit Takes Up BIPA Amendment's Retroactivity

    The Seventh Circuit heard arguments Thursday over whether a liability-limiting amendment to Illinois' biometric privacy law has retroactive application to lawsuits filed before it took effect, with one judge on the panel saying it seemed like "billions of dollars of consequences turn on how we label the change."

  • February 12, 2026

    Challenge To 3D-Printed Gun Law Fails, 3rd Circ. Rules

    The First Amendment does not protect the distribution of "purely functional code" that would allow for the 3D printing of guns, the Third Circuit ruled Thursday, ending a challenge to a New Jersey law from a Texas-based firearm company and a gun rights group.

  • February 12, 2026

    IRS Guidance Offers Relief In Energy Credits' Sourcing Limits

    The IRS issued interim guidance Thursday providing two safe harbor options for clean energy facilities or manufacturers of energy components to determine the extent to which they received material assistance from an entity tied to a foreign government that the U.S. deems adversarial.

  • February 12, 2026

    Row Over Forensic Expert Testimony Hits NC High Court

    Prosecutors are urging North Carolina's highest court to uphold a drug conviction thrown out on appeal, saying an appellate court deemed a key forensic expert's trial testimony unconstitutional using a flawed interpretation of the U.S. Supreme Court's 2024 decision in Smith v. Arizona.

  • February 12, 2026

    SEC's Atkins Rejects Top Dem's Crypto Corruption Claims

    U.S. Securities and Exchange Commission Chairman Paul Atkins on Thursday pushed back on claims his agency dropped against cryptocurrency firms as a political favor to President Donald Trump, telling Senate Democrats a "changed attitude" by the commission led to the dismissals.

  • February 12, 2026

    12 Questions For FCC Chair Brendan Carr

    It's been a "banger" of a year at the Federal Communications Commission, says agency chief Brendan Carr, who took over at the outset of President Donald Trump's second term with the goal of cutting regulations and quickly turning over more spectrum to the private sector.

  • February 12, 2026

    Wash. Justices To Hear Gym's Suit Over COVID-Era Inspection

    Washington's highest court will review an appellate ruling that state labor department inspectors violated an Anytime Fitness owner's reasonable expectation of privacy when they tailgated a gym member who used a key card to enter the facility during the COVID-19 pandemic, when businesses were supposed to be shuttered.

  • February 12, 2026

    DC Judge Won't Bow To DOJ, Public Criticism On TPS Ruling

    A D.C. federal judge who said she has been receiving threats and personal insults after she temporarily blocked the Trump administration from terminating Temporary Protected Status for Haitians refused to pause her ruling, saying judges will not be intimidated by public threats.

  • February 12, 2026

    Bipartisan Bill Targets Scam Ads On Social Media Platforms

    Federal lawmakers are pushing to require social media companies to crack down on fraudulent advertising on their platforms under new bipartisan legislation that is drawing praise from banking and consumer groups.

  • February 12, 2026

    Trump Admin EV Funding Cuts Suits Merged In Wash. Court

    A Washington federal judge has consolidated two lawsuits seeking to stop the Trump administration from preventing nearly $2.5 billion in congressionally appropriated funds from going to electric vehicle charging infrastructure programs.

  • February 12, 2026

    HPE Has 'No Grounds' To Hide DOJ Deal Bidders, AGs Say

    Democratic attorneys general challenging the controversial Justice Department settlement permitting Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks have urged a California federal judge to let them see who's bidding for assets up for divestiture, arguing the would-be buyers are an integral part of the agreement's viability.

  • February 12, 2026

    Tesla Says Case Transfer Boosts Mandamus Bid In PTAB Fight

    A Texas federal judge's decision to send patent infringement litigation against Tesla Inc. to California strengthens the automaker's mandamus petition claiming the Patent Trial and Appeal Board wrongly turned away its challenges, Tesla told the Federal Circuit.

  • February 12, 2026

    DC Circ. Judge Rips Into Insurer In CMS Rating Case

    A Louisiana insurer found a tough critic in one D.C. Circuit judge Thursday as it argued that the Centers for Medicare & Medicaid Services used an unfair method to assess its "star ratings" for insurance plans, with the jurist saying the company seemed like it "just wanted whatever interpretation will give you a higher score."

  • February 12, 2026

    Airbnb Escapes Most Of Conservative Investors' Suit

    A Delaware federal judge on Thursday trimmed claims from two institutional shareholders' suit alleging Airbnb wrongfully excluded their shareholder proposals from proxy materials, nixing claims against specific executives and claims about not-yet-released 2026 proxy materials.

  • February 12, 2026

    FTC's PBM Case Paused For More Deal Talks

    Federal Trade Commission staffers are discussing potential settlements with OptumRx and Caremark that could end the agency's case accusing the pharmacy benefit managers of inflating insulin prices, following a recent deal with Express Scripts.

  • February 12, 2026

    Fla. Court Tosses 'King Of Vape' Suit Against NY Post

    A Florida federal court dismissed a defamation complaint that a store owner operating as "The King of Vape" brought against the New York Post over an article referring to him as an "Israel hater" who aided Hamas and also sold illegal nicotine products, saying claims weren't sufficiently alleged.

  • February 12, 2026

    Hegseth Blocked From Reducing Sen. Kelly's Navy Rank

    Sen. Mark Kelly, D-Ariz., secured a court order on Thursday blocking Defense Secretary Pete Hegseth from reducing his U.S. Navy rank after he told members of the military they don't have to follow unlawful orders.

  • February 12, 2026

    GOP Lawmakers Probe CalPERS's 'Radical' ESG Investments

    The chair of the House Education and Workforce Committee and two other Republican lawmakers sent a letter Thursday to California's largest public pension fund, demanding information on whether it prioritized "radical left-wing causes" over protecting retirement savers.

  • February 12, 2026

    Mass. US Atty Calls ICE Criticism 'Hyperbole,' Praises Agents

    Massachusetts U.S. Attorney Leah B. Foley said Thursday that criticism of U.S. Immigration and Customs Enforcement by state and local officials and a lack of cooperation with federal agents is to blame for "chaos in the streets," as she forcefully defended the Trump administration's policies.

  • February 12, 2026

    Colo. City Faces Bias Suit For 'Sober Living' Housing Policy

    The city of Longmont, Colorado, discriminated against individuals recovering from substance abuse by requiring a private recovery housing provider to undergo a site plan approval process that others are not subjected to, the recovery residence provider alleged in federal court.

Expert Analysis

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

    Author Photo

    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.

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here