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Public Policy

February 11, 2026
SNAP Recipients Appeal In 2nd Circ. Over Card Scam Suit

The Legal Aid Society and Freshfields US LLP have filed a Second Circuit appeal on behalf of Supplemental Nutrition Assistance Program recipients whose food benefits were stolen in widespread "skimming" scams, arguing that a lower court wrongly denied the victims replacement of their stolen benefits.
February 11, 2026
Paxton Topples U.S. Senate Seat Rival's Work License Rule

Texas Attorney General Ken Paxton said this week that state agencies must require applicants to provide Social Security numbers when applying for occupational licenses, saying it's been "unambiguously" required under state law for more than 30 years.
February 11, 2026
Trump Directs DOD To Purchase Power From Coal Plants

President Donald Trump on Wednesday directed the U.S. Department of Defense to purchase electricity from coal-fired power plants to fuel its facilities, the latest in a series of efforts by his administration to boost the U.S. coal industry.
February 11, 2026
Wash. 'Millionaires Tax' Bill Clears First Legislative Hurdle

A lawmaking committee in Washington state has advanced an amended "millionaires tax" proposal, voting mostly along party lines to pass a bill that would levy a 9.9% income tax on earnings above $1 million.
February 11, 2026
Colo. Secretary Of State Fights DOJ's Suit For Voter Data

Colorado's secretary of state asked a federal judge to throw out the federal government's case against her seeking to force her to turn over voter registration data, contending Tuesday that the U.S. Department of Justice lacks a "valid legal basis" to order her to turn over the data.
February 11, 2026
Contracts On Aliens, Hugs Aren't Gambling, Kalshi Tells Judge

The distinction between a futures contract and a wager could play a role in deciding whether Kalshi can offer certain sports-related transactions in Connecticut, a federal judge hinted Wednesday while hypothesizing about the legality of contracts on events like first contact with extraterrestrial life and world leaders greeting each other with a warm embrace.
February 11, 2026
SEC's Atkins Says ESG Fund Names Rule Is Under Review

U.S. Securities and Exchange Commission Chairman Paul Atkins told Congress on Wednesday that he has directed staff to review a Biden-era rule aimed at preventing false advertising by funds marketed to eco-conscious investors, though he didn't detail what specific changes were under consideration.
February 11, 2026
3rd Circ. Skeptical Of NJ's Broad 'Sensitive Places' Gun Ban

The Third Circuit signaled skepticism Wednesday toward New Jersey's sweeping list of gun‑free "sensitive places," repeatedly pressing the state in an en banc rehearing for founding‑era support and a workable limiting principle as judges questioned whether the law risks eviscerating the right to carry firearms.
February 11, 2026
Squires Spurns 16 Petitions, Grants 6 In Latest Bulk Order

U.S. Patent and Trademark Office Director John Squires' latest summary decision instituted six petitions for America Invents Act patent challenges and denied 16 others, bringing his total of rejected petitions to 266.
February 11, 2026
House OKs Ending Canada Tariffs After GOP Block Fails

The U.S. House of Representatives approved a resolution Wednesday evening that would end President Donald Trump's tariffs on Canadian imports, a day after Republican lawmakers were unable to pass a measure blocking that kind of effort.
February 11, 2026
Miami World Cup Counsel Share Look At Prep Work, Impact

Counsel representing the FIFA World Cup's Miami Host Committee gave Law360 an inside look at their multifaceted work preparing for the upcoming event, which organizers say could have the economic impact of multiple Super Bowls.
February 11, 2026
Big Ten Athletes Back NCAA Campaign Against Prop Bets

Student-athletes in the Big Ten Conference have urged the NCAA to keep fighting to curb prop betting across college athletics, saying it not only threatens the integrity of college sports, but also poses a safety risk.
February 11, 2026
Anesthesia Group Looks To End FTC Rollup Suit

U.S. Anesthesia Partners has urged a Texas federal court to end the Federal Trade Commission's case accusing the group of buying competing practices through a so-called rollup strategy, asserting that enforcers have no evidence of any harm to competition.
February 11, 2026
HHS Says RFK Jr. Trans Care Policy View Not Legally Binding

Health and Human Services Secretary Robert F. Kennedy Jr.'s declaration supporting the Trump administration's move to cut funding to hospitals that provide gender-affirming care is a nonbinding policy view, his agency told an Oregon federal court, and doesn't trigger provider exclusions from federal health programs.
February 11, 2026
Gogo Renews Concerns With FCC's 900 MHz Rework

In-flight communications provider Gogo is asking the Federal Communications Commission to consider stronger guardrails to protect incumbents like itself as it prepares to pass a rule reworking two bands of 900 megahertz spectrum to make room for more high-speed internet.
February 11, 2026
AI Cos. Would Have To Disclose Training Under Bipartisan Bill

A bipartisan bill introduced in the U.S. Senate would require technology companies to disclose copyrighted works that they use to train generative artificial intelligence models with the U.S. Copyright Office.
February 11, 2026
Canadian Pipe Exporter's Injunction Gets Trade Court OK

The U.S. Court of International Trade granted an injunction Wednesday to a Canadian pipe exporter that prevents liquidation of its goods while it appeals a ruling by the trade court.
February 11, 2026
Sheriff's Deputy's Firing Suit Tossed, His Atty Sanctioned

A Georgia federal judge tossed a lawsuit Wednesday from a former Atlanta-area sheriff's deputy who claimed he was fired for supporting his boss' political opponent, while sanctioning the deputy's lawyer for citing nonexistent legal cases and misstating the law.
February 11, 2026
Schools Must Face Financial Aid Suit Before Appeal: Students

Former students urged an Illinois federal judge to bar Cornell, Georgetown, Notre Dame, MIT and UPenn from going straight to the Seventh Circuit on a ruling that teed up trial against the five schools yet to settle the proposed class action over the alleged fixing of financial aid offerings.
February 11, 2026
'Unflappable' Mass. Judge Emerges As Trump Foil

The newest member of the Massachusetts federal bench has made a name for himself as a thorn in the side of the Trump administration, a perception that stands in stark contrast to what friends and former colleagues describe as an unassuming and open-minded judge.
February 11, 2026
Calif. Will Allow Property Tax Break For Some Tribal Land

Native American tribes in California can claim a property tax exemption for land conservation efforts under a bill signed by Democratic Gov. Gavin Newsom.
February 11, 2026
Bondi Touches On Judges, Fraud, Subpoenas At Fiery Hearing

Attorney General Pam Bondi opened her congressional testimony on Wednesday taking aim at "liberal activist judges," but the rest of the hearing was devoid of any discussion or questions on the Trump administration's combative relationship with a large portion of the federal bench.
February 11, 2026
'It Takes Time To Write': Jackson On High Court's Tariff Ruling

U.S. Supreme Court Justice Ketanji Brown Jackson has provided an unusual update on the court's decision over President Donald Trump's authority to impose emergency tariffs, saying in a TV interview that the justices are still working on what is one of their most anticipated rulings this term.
February 11, 2026
Trio Leading NJ District Office Face New Disqualification Bid

A criminal defendant who successfully challenged the appointment of Donald Trump's former personal attorney Alina Habba as New Jersey's top federal prosecutor joined other defendants in seeking to disqualify the trio now helming the office.
February 11, 2026
Michigan Tribe Asks Court To Revisit $1.5M Legal Fee Denial

A Michigan tribe is asking a D.C. district court to reconsider the denial of $1.5 million in legal fees the tribe had sought to recoup from the U.S. Department of the Interior in a federal recognition status dispute that eventually led to the agency's revamping of a rule allowing tribes to petition for recognition again.

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

Predicting Actual Impact From CDC's New Vaccine Guidance

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

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

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.

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

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

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

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

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

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

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.
Next Steps For Fair Housing Enforcement As HUD Backs Out

A soon-to-be-finalized U.S. Department of Housing and Urban Development rule, which would hand responsibility for determining disparate impact liability under the Fair Housing Act to the courts, reinforces the Trump administration’s wider rollback of fair lending enforcement, yet there are reasons to expect litigation challenging this change, say attorneys at Spencer Fane.
Malpractice Claim Assignability Continues To Divide Courts

Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.
As Federal Enviro Justice Policy Goes Dormant, All Is Not Lost

Environmental justice is enduring a federal dormancy brought on by executive branch reversals and agency directives over the past year that have swept long-standing federal frameworks from the formal policy ledger, but the legal underpinnings of EJ have not vanished and remain important, say attorneys at King & Spalding.
What Clarity Act Delay Reveals About US Crypto Regulation

The Senate Banking Committee's decision to delay markup of the Clarity Act, which would establish a comprehensive federal framework for digital assets, illuminates the political and structural obstacles that shape U.S. crypto regulation, despite years of bipartisan calls for regulatory clarity, says David Zaslowsky at Baker McKenzie.
Courts' Rare Quash Of DOJ Subpoenas Has Lessons For Cos.

In a rare move, three federal courts recently quashed or partially quashed expansive U.S. Department of Justice administrative subpoenas issued to providers of gender-affirming care, demonstrating that courts will scrutinize purpose, cabin statutory authority and acknowledge the profound privacy burdens of overbroad government demands for sensitive records, say attorneys at ArentFox Schiff.