Public Policy

  • October 29, 2026

    DOL Finalizes Pharmacy Benefit Manager Fee Disclosure Rule

    The U.S. Department of Labor's employee benefits arm unveiled a final rule Thursday that requires pharmacy benefit managers — which act as intermediaries between drugmakers, pharmacies and insurers — to make new disclosures on their fees and compensation to employer-sponsored group health plans.

  • October 28, 2026

    Democracy 'At Stake': Feds Can't Set Aside 20K Calif. Ballots

    A California federal judge on Wednesday rejected the Trump administration's request to require the state to set aside mail-in ballots for some 20,000 voters the federal government contends are "likely" noncitizens, saying it would "wreak havoc" on the midterm elections that are already underway.

  • October 28, 2026

    RNC Files New Suit Over FCC's Campaign Ad Rates

    The Republican National Committee, Republican Party of Texas and several Republican candidates Wednesday filed a fresh suit over the Federal Communications Commission's longtime requirement that broadcasters charge the lowest political ad rates for committees tied to candidates, calling it "a drag on First Amendment freedoms."

  • October 28, 2026

    CFTC's Selig Vows 'Grounded' Oversight Of Agentic Finance

    U.S. Commodity Futures Trading Commission Chairman Michael Selig said Wednesday that his agency plans to take a "grounded" approach to agentic finance that's also mindful of the risks it poses and courted industry feedback on how to address the rise of artificial intelligence in derivative markets.

  • October 28, 2026

    Landlord's Suit Over Seattle Tenant Laws Revived On Appeal

    A Washington Court of Appeals panel has reinstated a real estate company's challenge to a string of Seattle landlord-tenant laws, finding the firm has adequately detailed how the contested ordinances stunted its property rights as the owner of a downtown affordable housing development.

  • October 28, 2026

    Product Liability's Regulatory & Legislative Recap So Far

    Over the summer and early fall, lawmakers proposed measures aimed at putting safeguards around the rapidly growing industry of artificial intelligence, as public concerns over its safety climb in tandem. The new nominee to head the U.S. Food and Drug Administration also faced sharp queries over her views on vaccines and birth control.

  • October 28, 2026

    Eagle Hunt Blocked Over NM Tribes' Religious Harm Fears

    A New Mexico federal judge has for now blocked the U.S. government from issuing special permits that would allow the Pueblo of Jemez tribe to kill one bald or golden eagle within the Valles Caldera National Preserve, ruling Wednesday that such a "taking" would burden other pueblos.

  • October 28, 2026

    TB Outbreak In Wash. Prisons Yields $52M Damages Verdict

    Washington jurors returned a $52 million verdict in favor of 23 plaintiffs who accused the state's Department of Corrections of allowing an active tuberculosis outbreak to fester and spread to hundreds of people at its prison facilities over nearly two years.

  • October 28, 2026

    PayPal's Financial Offerings Are Under Fresh FTC Scrutiny

    PayPal has disclosed that it is facing a Federal Trade Commission investigation into its financial products and services, including marketing, fees and purchase protections.

  • October 28, 2026

    CFPB Audit Flags Cybersecurity Gaps Amid Staff Departures

    The Consumer Financial Protection Bureau has failed to promptly fix serious cyber weaknesses and consistently track data in its possession as staffing losses have hampered the agency's ability to safeguard its systems, according to a federal watchdog audit released Wednesday.

  • October 28, 2026

    State Dept. Owes $461M For Work During COVID, Builder Says

    Trump administration officials reneged on the U.S. Department of State's agreement to pay an Alabama-based construction giant for cost overruns while it continued working on a dozen embassy projects during the COVID-19 pandemic, according to the company's Wednesday lawsuit that seeks at least $461 million in damages.

  • October 28, 2026

    Missouri, Louisiana Sued By Prediction Market Giants

    Missouri and Louisiana are the latest states to become embroiled in litigation with event contract platforms, after Kalshi and Polymarket sued them, respectively, to prevent pending enforcement action.

  • October 28, 2026

    MSU Trustee Says Ethics Code Violates First Amendment

    A Michigan State University trustee filed a federal civil rights lawsuit against the board chair and secretary Wednesday, alleging that recent revisions to the board of trustees code of ethics are unconstitutional and intended to silence trustees who criticize the university or dissent from majority decisions.

  • October 28, 2026

    SC Gov.'s Counsel Still In The Running For Federal Judgeship

    The chief legal counsel for South Carolina Gov. Henry McMaster is "being actively considered" for a federal judgeship, according to the White House, but it's not a done deal yet.

  • October 28, 2026

    Patients Tell Colo. Justices Hospital Defied Gender Care Order

    Transgender youth patients of Children's Hospital Colorado are challenging a judge's discharge of their contempt citation against the hospital for not resuming the provision of medical gender-affirming care to them, urging Colorado's justices to decide whether the hospital complied with an injunction prohibiting it from refusing to provide the care.

  • October 28, 2026

    Interior Says Records Order Not Needed For Golf Course Suit

    The U.S. Interior Department told a D.C. federal judge Wednesday there's no need to order it to retain records on East Potomac Golf Course tree removals or makeover plans in a case where its assertions have often conflicted with President Donald Trump's online posts.

  • October 28, 2026

    FTC Probes Delta, Uber, Others Over Data-Driven Pricing

    The Federal Trade Commission is pressing Delta, Uber, Target and a half-dozen other companies to detail how they're using personal data to set individualized pricing for consumers and compensation for workers, marking the latest escalation of the agency's growing scrutiny of the increasingly prominent business practice.

  • October 28, 2026

    4th Circ. Judge Sees 'Big Brother' In Va. Social Media Limits

    A Fourth Circuit judge Wednesday expressed concern with a Virginia law limiting children's access to social media, telling counsel for the commonwealth that the provision has a "Big Brother atmosphere" to it and suggesting he'd back the district court's injunction halting enforcement of the regulation.

  • October 28, 2026

    Wash. Gov. Creates Fraud Post, Backs Broader Medicaid FCA

    As part of a push to expand fraud prevention efforts in Washington, Gov. Bob Ferguson signed an executive order Tuesday to create a new chief fraud prevention officer position and a statewide fraud prevention work group, also announcing forthcoming legislation that would broaden the state's Medicaid False Claims Act.

  • October 28, 2026

    City Says Waiver And Federal Pot Ban Beat Licensing Suit

    A cannabis company that spent $1.7 million to open a dispensary in a town on the shores of the Great Lakes cannot sue the city or its officials for failing to issue allegedly promised retail licenses, the municipality told a federal court, saying the business signed a waiver that bars litigation.

  • October 28, 2026

    7th Circ. Takes Up Ill. Ban On Firearm Silencers

    A Seventh Circuit panel questioned Wednesday whether firearm silencers should be considered part of a constitutionally protected weapon or are merely optional accessories, as gun owners seeking to overturn Illinois' ban argued the devices improve firearms' functionality and protect users from hearing damage.

  • October 28, 2026

    Sportsbooks Say DC Law Bars Bettor Loss Recovery

    Sportsbook operators are urging the D.C. Circuit not to revive a lawsuit challenging the legality of their operations there, arguing the city expressly excluded licensed sports wagering from the statute being invoked to recover losses for bettors.

  • October 28, 2026

    USPTO Removed 14,000 Invalid TM Filings In Fiscal 2026

    The U.S. Patent and Trademark Office took off more than 14,000 improper trademark filings from the Federal Register and removed more than 42,000 unused goods and services from registrations in the 2026 fiscal year, agency officials said at a webinar Wednesday.

  • October 28, 2026

    DC Judge Finds Trump Ads Likely Broke Propaganda Ban

    A D.C. federal judge once again blocked taxpayer-funded campaign-style television ads for President Donald Trump from hitting the air Wednesday, ruling that the Democratic National Committee, which challenged the spots earlier this month, was likely to succeed on its claim that the spending violated a congressional ban on propaganda.

  • October 28, 2026

    ICE Sued After Detainees Removed From Online Locator

    Legal aid organizations said Wednesday a U.S. Immigration and Customs Enforcement database no longer shows where detainees with final removal orders are being held, claiming in a lawsuit the move has made it difficult to reach their clients.

Expert Analysis

  • EPA Rollback Puts Power Plant GHG Rules In Flux

    Author Photo

    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • Unpacking FDIC's Modernized Bank Merger Review Rules

    Author Photo

    The Federal Deposit Insurance Corp.'s proposed revisions to its Bank Merger Act review process are a shift from its more skeptical prior posture toward a more structured and transaction-facilitative approach, though some broader uncertainty remains concerning antitrust alignment with the U.S. Department of Justice, say attorneys at Simpson Thacher.

  • FTC's BOTS Act Blitz Raises Stakes For Ticket Resellers

    Author Photo

    Recent lawsuits and enforcement actions brought by the Federal Trade Commission under the Better Online Ticket Sales Act signal sustained ticket industry enforcement, but industry actors can reduce risk by screening practices and partnerships related to ticket purchasing, and evaluating the scale of their ticket operations, say attorneys at Holland & Knight.

  • AGs' Paramount Settlement Reflects States' Growing Influence

    Author Photo

    The recent California federal court approval of the California v. Paramount Skydance settlement illustrates how state attorneys general are gaining new independence and influence, and companies must account for state enforcement when assessing merger risks ahead of a deal's closing, say attorneys at Norton Rose.

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

    Author Photo

    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

  • 6th Circ. Spotlights Cannabis Contract Enforceability Risks

    Author Photo

    The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

    Author Photo

    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

  • Tracking The 2027 Va. Bills That May Tighten Data Center Regs

    Author Photo

    Data center developers and operators should monitor Virginia legislation responding to the state's new data center accountability framework, local moratoria and the end of an electricity consumption tax, which could change review thresholds, impose new energy rules and slow the approval process, say attorneys at Holland & Knight.

  • How Bipartisan Permitting Reform May Boost Green Energy

    Author Photo

    After years of false starts, Congress may finally be nearing a meaningful overhaul of the federal permitting process — and the proposed legislation could provide renewable energy developers with faster project reviews, more durable permits and greater protections from litigation, says Jon Micah Goeller at Husch Blackwell.

  • OCC Plan May Bring Data Sharing Flexibility, Diligence Issues

    Author Photo

    The Office of the Comptroller of the Currency's recent proposal to overhaul its supervisory information sharing regime for the first time in decades would provide important flexibility to banks, but it could create new issues around confidentiality agreements, disclosure controls and diligence processes, say attorneys at Simpson Thacher.

  • Where DOJ's Fraud Directive May Actually Affect Enforcement

    Author Photo

    The U.S. Department of Justice’s recent directive outlining corporate fraud enforcement priorities is mostly a management document instead of a policy, but one part may actually undermine the directive's goals by leading to worse outcomes for organizational defendants and less corporate self-disclosure, says Zachary Warren at Williams & Connolly.

  • Rebuttal

    North Carolina's Funding Ban Is An Outlier, Not A Model

    Author Photo

    A recent Law360 guest article argues that North Carolina's litigation funding ban should be adopted by other states, but that analysis overstates what North Carolina did and misjudges how the law will travel, says Dai Wai Chin Feman at the International Legal Finance Association.

  • Challenges On The Horizon For Illinois Data Center Projects

    Author Photo

    Illinois has more data centers in operation or under construction than all but five other states — but such projects face growing litigation threats and a range of state and local legislative proposals that could hinder further development of these facilities in the Land of Lincoln, say attorneys at Paul Hastings.

  • Planning For D&O Exclusions As Risks Mount For Banks

    Author Photo

    Banks should scrutinize directors and officers exclusions for artificial intelligence, disclosure and cybersecurity risks during policy renewal negotiations to preserve coverage amid the current uptick in insurer scrutiny and related shareholder litigation, say attorneys at Jones Walker.

  • Why The SEC Proposed Rescinding Its 'Pay-To-Play' Rule

    Author Photo

    The U.S. Securities and Exchange Commission's recent proposal to nix its pay-to-play rule governing political contributions by investment advisers follows years of industry advocacy and commissioner criticism that it suppresses political speech and affects hiring, say attorneys at Simpson Thacher.

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.