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Public Policy

November 13, 2026
Dems Reintroduce Bill Barring Workplace Caregiver Bias

Two Democratic senators from New Jersey have reintroduced a bill that would make it illegal for employers to discriminate against workers who have to care for sick, disabled or aging family members.
November 13, 2026
SEC Finally Issues Proposal To Limit Exec Pay Disclosures

The U.S. Securities and Exchange Commission on Friday proposed cutting back on the information that investors receive about executive compensation, limiting the number of senior officers who have to detail their earnings as well as the perks they must publicly declare, in what the agency characterizes as an effort to reduce compliance burdens on publicly traded companies.
November 12, 2026
Former CFTC Commissioner Among Trump's Picks For SEC

President Donald Trump on Thursday unveiled his picks for the U.S. Securities and Exchange Commission and Commodity Futures Trading Commission, notably nominating former CFTC Commissioner Kristin Johnson for a Democratic seat on the SEC.
November 12, 2026
NextEra Says Avangrid Wants To Show Dems 'Parroted' Claims

NextEra Energy Inc. sparred with developer Avangrid Inc. in dueling Massachusetts federal court briefs over the latter's bid to restart discovery, which NextEra cast as an attempt solely to show that Democratic state attorneys general and senators have "parroted" Avangrid's allegations of blocked competition.
November 12, 2026
Jan. 6 Rioters Say They Were Unfairly Prosecuted

Ten men who participated in the Jan. 6, 2021, insurrection over the 2020 presidential election results that culminated in the attack on the U.S. Capitol are suing the federal government for malicious prosecution, saying they were in Washington, D.C., that day to "connect with like-minded patriots."
November 12, 2026
Anthropic, OpenAI Face Suit To Halt 'Insane' AI Development

Nonprofits sued Anthropic, Google, Meta Platforms, OpenAI and SpaceXSI in California state court Thursday seeking to freeze the "insane" and "dangerous" development of advanced artificial intelligence that can escape human control, arguing the companies have no realistic way to stop the "catastrophic" events their own executives predict could occur.
November 12, 2026
Merchants Sue OCC Over Push To Preempt Ill. Swipe-Fee Law

Merchant trade groups sued the government Thursday in D.C. federal court to overturn recent rules from the Office of the Comptroller of the Currency that seek to shield banks from Illinois state limits on swipe fees, arguing the "slapdash" preemption effort exceeded the agency's authority.
November 12, 2026
Meta Says DC Fed. Court Has Oversight Of FTC Settlement

A lawyer for Meta told a D.C. federal judge Thursday that his court has exclusive jurisdiction over a $5 billion privacy settlement from 2020, not the Federal Trade Commission.
November 12, 2026
NYC, LA, Other Cities Seek To Halt Latest HUD Grant Terms

New York, Los Angeles, Chicago and dozens of other cities across the country that have challenged the Trump administration's grant restrictions are asking a Washington federal judge to block a new round of funding conditions from the U.S. Department of Housing and Urban Development.
November 12, 2026
CFPB Says Anti-Bias Rule Rollback Tracks Fair Lending Law

The Consumer Financial Protection Bureau is urging a D.C. federal judge to uphold the recent rollback of fair lending regulations, arguing that consumer advocates' legal challenge largely boils down to policy disagreements that are insufficient to support claims of invalid rulemaking.
November 12, 2026
DC Circ. To Decide If EPA Needs Stricter Incineration Rules

The D.C. Circuit will decide whether the Environmental Protection Agency has been violating the Clean Air Act by declining to set standards for all types of incinerators, something two environmental groups say the law intended but the agency has refused to do for 25 years.
November 12, 2026
DC Judge Denies Bid To Remove DHS Asylum Info Posts

A D.C. federal judge has said she is "deeply troubled" that the Trump administration publicly disclosed a Malian asylum-seeker's confidential information, including his sexual orientation, on social media, but said she lacked enough information to say definitively the disclosure wasn't authorized.
November 12, 2026
NYC Becomes 2nd City To Ban Data-Driven Pricing

The New York City Council on Thursday overwhelmingly approved a measure to ban companies from using personal data to offer different prices to different customers for the same goods and services, becoming the second city to prohibit the increasingly prevalent practice known as surveillance pricing.
November 12, 2026
Colorado Says Sanctuary Law Appeal Hinges On Distortions

Colorado asked the 10th Circuit to affirm a district court ruling dismissing the Trump administration's challenge of laws limiting immigration enforcement assistance, arguing that an administration appeal relies on distortions to try to require the state to provide assistance Congress made voluntary.
November 12, 2026
11th Circ. Revives Fla. Small Biz Qui Tam After Key Ruling

The Eleventh Circuit on Thursday remanded a long-running False Claims Act lawsuit alleging the owners of a construction company defrauded a program for disadvantaged small businesses, finding that an appellate panel sent a similar case back to a lower court after ruling the Constitution wasn't violated.
November 12, 2026
Mich. AG Targets Ferry Operator Over Ferry, Parking Monopoly

Michigan Attorney General Dana Nessel sued the Hoffmann Family of Cos. on Thursday, accusing the private equity firm of illegally monopolizing passenger ferry service to Mackinac Island and nearby parking facilities through acquisitions that eliminated competition, drove up prices and left residents and visitors dependent on a single operator.
November 12, 2026
DOJ Exodus Leaves Trump Facing Confirmation Crunch

Since the Democrats' sweeping victories on Election Day, there has been an exodus of top officials at the U.S. Department of Justice and prospects for confirming permanent replacement are slim.
November 12, 2026
Ex-Kean Law Prof Can't Challenge NJ Policy, 3rd Circ. Says

A former Kean University adjunct law professor doesn't have standing to challenge the constitutionality of a workplace discrimination policy for New Jersey employees, the Third Circuit ruled Thursday, saying she hasn't shown what actual or imminent harm she faces now that she is no longer subject to the policy.
November 12, 2026
Colo. Enviro Group Says Herbicide Threatens Protected Mice

An environmental nonprofit urged a Colorado federal judge to block Boulder County from using drones to spray herbicides across 2,400 acres north of Boulder, alleging the "indiscriminate" spraying will kill and otherwise harm a threatened mouse species native to the area.
November 12, 2026
Colo. Appeals Court Won't Rehear Emissions Rule Challenge

The Colorado Court of Appeals said Thursday that it would not rehear environmental advocacy groups' challenge to a state agency rule on emissions monitoring, leaving intact a panel's October ruling that determined the rule "heightens, increases or raises" criteria for pollution permits beyond those already in place.
November 12, 2026
Hemp Industry Eyes Lame-Duck Effort To Thwart Product Ban

With one month left to go before virtually all hemp products become federally illegal, a member of Congress told Kentucky hemp interests Thursday night that he and his colleagues will propose numerous amendments to upcoming must-pass bills in order to avert what many in the hemp industry have described as an existential threat.
November 12, 2026
EU High Court Adviser Backs Bulk Of €1.5B Google Fine

A European Court of Justice advocate general said Thursday that the European Union's top court should upend a lower court decision scrapping a €1.49 billion fine imposed over Google's past restrictions against rival search engines on third-party websites using its advertising tools.
November 12, 2026
11th Circ. Upholds $2.75M Award In Gag Clause Breach

The Eleventh Circuit has affirmed a $2.75 million judgment against a woman for breaching a confidential agreement with a former intimate partner she claims sexually assaulted her, rejecting her arguments that the agreement was invalid and violated her First Amendment rights.
November 12, 2026
6th Circ. Revives Mom's Free Speech Claim Over C&D Letter

A Sixth Circuit panel has partially revived a Michigan mother's First Amendment claims against Lowell Area Schools and several of its employees, saying a cease-and-desist letter she received from a school principal possibly crossed the line from permissible persuasion to a prior restraint and speech ban.
November 12, 2026
Squires Grants Another 5 PTAB Petitions, Denies 2

U.S. Patent and Trademark Office Director John Squires has instituted five new patent challenges, largely in the pharmaceutical industry, in one of his final mass orders.

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

New Mexico PFAS Labeling Injunction Leaves Reporting Intact

STILL WAITING FOR AGREEMENT - After a New Mexico federal court's ruling enjoining enforcement of the state's requirement for labels on products containing perfluoroalkyl and polyfluoroalkyl substances, businesses need to distinguish the suspended labeling mandate from the compliance obligations that remain in place, say attorneys at Gordon Rees.
SEC's History Undercuts Its 'Back To Basics' Rationale

The current U.S. Securities and Exchange Commission's enforcement recalibration prioritizing fraud over technical violations has led to a drastic decline in enforcement activity, but the philosophy deviates from decades of enforcement that has always promoted compliance with its prophylactic requirements, says Gerald Hodgkins at Covington.
McDonald's Antitrust Suits Spotlight Risks Of AI Pricing Tools

A pair of recent class actions filed against McDonald's in Illinois federal court show how antitrust challenges can arise when companies use artificial intelligence pricing tools and personalize prices for individual consumers, say attorneys at Patterson Belknap.
What The 11th Circ.'s Qui Tam Ruling Left Unanswered

Although the Eleventh Circuit’s recent ruling in Zafirov v. Florida Medical Associates upheld the False Claims Act’s qui tam provisions under the appointments clause, its narrow reasoning leaves unresolved questions about presidential control over relator litigation that could sustain further constitutional challenges, says Taylor Chenery at Bass Berry.
Planning Personal Phone Collections Before Discovery Begins

For counsel planning a personal phone collection as part of the litigation discovery process, it's important to take early steps to ensure that necessary information will be obtained without exposing unrelated information or running into access issues, says Jeremy Horowitz at MARA Forensics.
How Product Recalls Expose Insurance Coverage Gaps

The recent Cyclospora outbreak in iceberg lettuce highlights the potential insurance risks of a contaminated ingredient or defective product creating a ripple effect throughout an entire supply chain, leaving companies with substantial costs that standard policies may not cover, say attorneys at Morgan Lewis.
High Court's H-2A Case Could Reshape Agency Adjudication

The U.S. Supreme Court will hear arguments in a case that concerns whether the U.S. Department of Labor may fine an employer for violating employment conditions in the H-2A visa program, but its eventual decision could chart the course for in-house adjudication across a broad swath of the federal government, say attorneys at Holland & Knight.
How Power Grid Delays Are Reshaping Data Center Deals

Texas' pause on permits while it studies data centers' effect on its electrical grid highlights the nationwide problem of yearslong interconnection delays, where the ways developers, investors and customers bridge that gap — and decide who bears the risk when it widens — increasingly determine whether a deal works, say attorneys at King & Spalding.
Meta, TikTok Cases Show How AGs May Redefine Governance

The Meta Platforms settlement and TikTok lawsuit addressing social media harms to minors highlight that state attorneys general are not merely extracting payments, but are also using litigation and settlements to impose durable product, institutional and policy change, say attorneys at Snell & Wilmer.
How NYC Consumer Bill Could Expand Private Claims

New York City's proposed Power Act could expose companies to sweeping private claims under its prohibition on unfair, deceptive, and abusive acts and practices, making regulatory compliance reviews and litigation-risk planning essential for businesses serving city residents, says Brian Turetsky at Hinshaw.
How Feds' Shifting Guidance Hits Bank-Fintech Partnerships

A slew of recent Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency reforms will ultimately give banks and fintechs more flexibility in third-party oversight and supervisory information sharing, but institutions still must document risk-based decisions and engage proactively with regulators, say attorneys at Husch Blackwell.
What To Watch As Florida Stablecoin Framework Takes Shape

As Florida's new payment stablecoin licensing framework enters its second month, requiring issuers to map applicable state and federal obligations and account for certification and rulemaking uncertainty, businesses should build core controls while keeping launch plans and contracts flexible, says Rob Brighton at Becker.
NYC Power Act May Spur Algorithmic Pricing And Other Suits

New York City’s proposed Power Act would create a private right of action for unfair, deceptive, abusive and unlawful practices, broadening litigation exposure for businesses using algorithmic and other types of pricing technology, though its path to enactment still remains uncertain, say attorneys at Skadden.
NLRB Ruling Redraws Arbitration Confidentiality Limits

The National Labor Relations Board's recent decision in Ralphs Grocery adds to a growing body of board precedent that offers takeaways for how employers can maximize the enforceability of confidentiality restrictions and discovery procedures in arbitration agreements, say attorneys at Morgan Lewis.
State Of Insurance: Q3 Notes From Illinois

In the past quarter, two Seventh Circuit rulings and an Illinois appellate decision applied state insurance law to issues ranging from the illusory coverage doctrine and an insured's right to independent counsel, to the time to commence uninsured motorist arbitration, says Matthew Fortin at BatesCarey.