Public Policy

  • October 06, 2025

    Utah Bank Is No 'Dummy' Lender, OppFi Says In Calif. Fight

    Opportunity Financial is looking to close the book on California's banking regulator's claims that it illegally evaded the state's interest rate caps through a sham lending partnership with an out-of-state bank, arguing in a summary judgment bid that its Utah partner, FinWise Bank, is the lawful lender and therefore exempt from California's rate limits.

  • October 06, 2025

    Supreme Court Won't Look At FTC's Telemarketing Rule

    The U.S. Supreme Court on Monday declined to hear a challenge to the way the Federal Communications Commission defines an outbound sales call, denying a certiorari petition from two sales companies challenging their liability for dialing numbers on the Do Not Call Registry because they weren't selling anything.

  • October 06, 2025

    Suit Aims To 'Claw Back' Kalshi's Ga. Predictions Proceeds

    Kalshi Inc. and Robinhood are among a slew of defendants who have been sued in Georgia over allegations that the companies' so-called prediction markets are sidestepping the Peach State's ban on gambling, adding to a growing roster of litigation stemming from the companies' business practices.

  • October 06, 2025

    Suit Seeks Recording Said To Show Border Czar Taking Cash

    Legal advocacy group Democracy Forward in a suit Monday asked a D.C. federal court to order the Trump administration to hand over a recording that reportedly shows White House border czar Tom Homan accepting a $50,000 cash payment from undercover FBI agents last year.

  • October 06, 2025

    Google Judge Anticipates 'Fine-Tuning' Ad Tech Remedies

    The Justice Department and Google questioned their last witnesses Monday in a fight over whether to break up the company's advertising placement technology business, in a two-hour hearing with a rebuttal witness, a rare surrebuttal witness, and an acknowledgment from the Virginia federal judge overseeing the case that even after she delivers her final judgment, it might need revisions in the future. 

  • October 06, 2025

    Kratom, Kava Makers Sue Utah Over 'Arbitrary' Product Ban

    Businesses that market psychoactive products derived from the kratom leaf and kava root have filed a federal lawsuit against Utah regulators challenging the constitutionality of new rules blocking the sale of their wares in the state.

  • October 06, 2025

    DOJ Gets 48 Hours To Justify Abrego Garcia's Detention

    A Maryland federal judge on Monday gave the government 48 hours to show that it had taken steps to remove Kilmar Abrego Garcia to a third country "in the reasonably foreseeable future" or face the prospect of his release from immigration custody pending his habeas petition.

  • October 06, 2025

    Puerto Rico Finance Board Members' Removal Paused

    A federal district court judge blocked President Donald Trump's removal of three members of the Financial Oversight and Management Board for Puerto Rico who had accused the president of illegally firing them without cause.

  • October 06, 2025

    High Court Won't Take Up Md. Retirees' Drug Benefits Suit

    The U.S. Supreme Court on Monday refused to review a Fourth Circuit decision concluding that Maryland wasn't contractually bound to provide benefits to employees upon retirement, turning away a case that challenged the state's transition of retirees' prescription drug benefits from a state subsidy to Medicare.

  • October 06, 2025

    NJ Justices Seem Skeptical Wage Law Excludes Immigrants

    The New Jersey Supreme Court appeared skeptical Monday that a worker can't bring state wage and hour claims because he is an unauthorized immigrant, as an appellate court had found, and grilled a realty management company's attorney about the source of an argument.

  • October 06, 2025

    NY Pot Regulators Say Towns' Local Laws Preempted

    New York cannabis regulators on Monday adopted a pair of advisory opinions finding that local laws in two Long Island towns restricting the operations of licensed cannabis retailers were "unreasonably impracticable" and were preempted by state policy.

  • October 06, 2025

    Illinois, Chicago Sue To Block National Guard Deployment

    The state of Illinois and the city of Chicago sued the Trump administration in federal court Monday seeking to block the federalization and deployment of as many as 700 members of the National Guard to the city, arguing that bedrock legal principles limiting the president's authority to involve the military in domestic affairs are "in peril."

  • October 06, 2025

    3rd Circ. Rejects Novo Nordisk's Medicare Pricing Challenge

    The Third Circuit on Monday shot down another challenge to the Medicare drug price negotiation program, denying claims by pharmaceutical giant Novo Nordisk that Congress illegally delegated too much authority to the executive branch.

  • October 06, 2025

    High Court Ends Challenge To Wash. Tribal Gaming Compacts

    The Supreme Court won't hear a casino owner and operator's petition to overturn a Ninth Circuit order over the validity of Washington state tribal gaming compacts, with the operator arguing that the sovereignty case implicates an acknowledged conflict about the interplay of the Administrative Procedure Act.

  • October 06, 2025

    Grassley Probes Judges' Possible AI Use In Faulty Rulings

    Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, pressed two federal judges on Monday about their possible use of artificial intelligence in court orders that contained a multitude of errors.

  • October 06, 2025

    Ed Dept. Used Worker Emails For Shutdown Politics, Suit Says

    The U.S. Department of Education violated its workers' freedom of speech by altering their out-of-office email messages to blame the government shutdown on Democrats, the workers' union claimed in a complaint filed in Washington, D.C., federal court.

  • October 06, 2025

    Trump Names Investigator Of Russia Probe As DOJ Acting IG

    The White House has tapped an experienced government attorney who investigated the FBI's probe into President Donald Trump's links with Russia to be the U.S. Department of Justice's acting inspector general, according to a notification sent to Congress.

  • October 06, 2025

    NC Chamber Says AG Overstepping In DuPont Pollution Suit

    The North Carolina Chamber has urged the state's top court to review a forever chemical contamination suit against two DuPont spinoffs, saying state Attorney General Jeff Jackson is "driving far outside of his lane" by continuing to press forward with the case.

  • October 06, 2025

    More Time Needed To Replace DA On Trump Case, Judge Told

    The Georgia agency tasked with appointing a new prosecutor to oversee the election interference case against President Donald Trump told a state court judge Monday it needs more time to name a successor than the 14 days the judge said he'll allow before he throws the case out.

  • October 06, 2025

    Social Security Chief Adds Duties As Inaugural CEO Of IRS

    The current administrator of the Social Security Administration is adding a new role as the Internal Revenue Service's first chief executive officer, Treasury Secretary Scott Bessent announced Monday.

  • October 06, 2025

    FirstEnergy Pushes Justices To Restore FERC Grid Incentive

    FirstEnergy Corp. has said electricity markets would be roiled by uncertainty if the U.S. Supreme Court doesn't undo the Federal Energy Regulatory Commission's revocation of an incentive for power companies that are required to be members of a regional transmission organization.

  • October 06, 2025

    Justices Won't Review 5th Circ. Ending ACA Trans Policy Suit

    The U.S. Supreme Court on Monday declined to review the Fifth Circuit's decision to shut down a challenge to a Biden-era interpretation of the Affordable Care Act's nondiscrimination-in-healthcare policy as also protecting against gender identity bias, which an appellate panel told a Texas court to dismiss in December.

  • October 06, 2025

    ICE Ordered To Halt Plan To Send Teens To Adult Facilities

    A D.C. federal judge has ordered the Trump administration to halt an allegedly unlawful U.S. Immigration and Customs Enforcement plan to transfer unaccompanied immigrant youths to adult detention facilities as soon as they turn 18 years old.

  • October 06, 2025

    Justices Won't Revisit Apache Land Exchange Dispute

    The U.S. Supreme Court won't reconsider its decision to deny an Apache nonprofit's petition that looked to block the transfer of nearly 2,500 acres to a copper mining company it said would destroy an ancient Indigenous worship site.

  • October 06, 2025

    High Court Skips Review Of ERISA Liability For DuPont Heirs

    The U.S. Supreme Court has declined to consider whether DuPont heirs should be held liable for alleged Employee Retirement Income Security Act violations for inadequately funding a now-insolvent trust established in 1947 by their grandmother to pay them and their workers retirement benefits.

Expert Analysis

  • The Future Of Lab-Test Regs After FDA Rescinds Rule

    Author Photo

    The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.

  • How AI Is Easing Digital Asset Recovery In Fraud Cases

    Author Photo

    In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.

  • Fleeing Or Just Leaving Quickly? 2nd Circ. Says It Depends

    Author Photo

    The Second Circuit’s recent U.S. v. Bardakova decision adopted a new approach for determining whether a defendant who commits a crime in the U.S., and then leaves and remains abroad, intends to avoid prosecution — making it more difficult to argue against the fugitive disentitlement doctrine in most cases, say attorneys at MoloLamken.

  • Sanctions Considerations For Reentering The Syrian Market

    Author Photo

    Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.

  • What 2 Profs Noticed As Transactional Law Students Used AI

    Author Photo

    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • Despite SEC Reset, Private Crypto Securities Cases Continue

    Author Photo

    While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.

  • State AGs Are Turning Up The Antitrust Heat On ESG Actions

    Author Photo

    Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.

  • Crypto Custody Guidelines Buoy Both Banks And Funds

    Author Photo

    A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.

  • Top Takeaways From Trump's AI Action Plan

    Author Photo

    President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.

  • Navigating Executive Perk Enforcement Under Trump Admin

    Author Photo

    While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.

  • Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns

    Author Photo

    Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

    Author Photo

    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • Opinion

    8th Circ. Should Reaffirm False Commercial Speech's Nature

    Author Photo

    The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.

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

    Author Photo

    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

    Author Photo

    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.

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.