Public Policy

  • August 13, 2025

    Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling

    A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told Law360.

  • August 27, 2025

    Water Law & Real Estate: A Special Report

    What's more summery than a trip to the shore? That's where Law360 Real Estate Authority has headed — not for a break, but for a special section looking at waterfront real estate, from coastal development challenges to big projects and the lawyers keeping them on course.

  • August 13, 2025

    FCC Waives Local Radio Ownership Cap In East Texas

    The Federal Communications Commission will allow an acquisition of several commercial FM radio stations in east Texas to go through by waiving the agency's local ownership cap, the agency said Wednesday.

  • August 13, 2025

    Wash. Agencies Must Give Up Docs In Medicaid Fraud Case

    A Washington federal judge has ordered the state attorney general's office to hand over certain records to a hospital system accused of overbilling Medicaid in connection to a neurosurgeon's fraud scheme, rejecting the argument that the documents at issue belong to other state agencies that must be subpoenaed.

  • August 13, 2025

    5th Circ. Again Reverses Class Cert. In Kids' Medicaid Suit

    The Fifth Circuit again on Tuesday instructed a Louisiana court to narrow the definition of a class of patients who allege that the state's health department has failed to provide mental health services for Medicaid-eligible children.

  • August 13, 2025

    2nd Circ. Upholds Ban On Certain SALT Cap Workarounds

    An Internal Revenue Service rule prohibiting charitable donation workarounds to the federal cap on state and local tax deductions will remain in place, a Second Circuit panel said Wednesday, affirming a district court determination that upheld the agency's ban on the programs.

  • August 13, 2025

    USPTO Caps Briefs At 20 Pages For Discretionary Reviews

    Patent owners and challengers will be limited to 20-page briefs when arguing over whether a Patent Trial and Appeal Board petition should be discretionarily denied, board leaders announced Wednesday in a webinar.

  • August 13, 2025

    Judge Blocks Trump Restrictions For $12B In Federal Grants

    A Washington federal judge temporarily blocked restrictions imposed by the Trump administration, such as an anti-gender ideology restriction, on access to more than $12 billion worth of federal grants, ruling in part that the federal government exceeded its authority.

  • August 13, 2025

    FCC Pushes Back Prison Call Fee Reports After Rule Delay

    The Federal Communications Commission is giving prison phone companies more time to file annual reports and certifications, saying that the companies would not have otherwise had "sufficient time for a fulsome response."

  • August 13, 2025

    Pa. Judge Ends Employers' Expanded Birth Control Exemptions

    A Pennsylvania federal judge on Wednesday struck down rules set by the first Trump administration enabling employers to refuse coverage of employees' contraceptives on moral and religious grounds, holding that the government failed to provide a good reason for the broadening of exemptions.

  • August 13, 2025

    High Court May Take Up Ban On Under-21 Handgun Purchases

    The U.S. Supreme Court has been asked to decide whether Congress is violating the Constitution by banning the sale of handguns to people under 21 years old, and it has given the government extra time to give its thoughts on what the justices should do.

  • August 13, 2025

    Media Matters Judge 'Troubled' By FTC Subpoena Args

    A D.C. federal judge reacted with incredulity Wednesday to Federal Trade Commission arguments that Media Matters can't challenge a subpoena unless the agency itself sues to enforce it, adding during a hearing that the FTC can't ignore its current leadership's recent history of targeting progressives.

  • August 13, 2025

    Settlement Win Protects In-Home Care For 280,000 NYers

    The New York State Health Department has resolved a class action filed by a group of chronically ill Medicaid recipients who accused the state of violating their due process rights by failing to provide enough time to register their home care workers through a new system, attorneys said on Wednesday.

  • August 13, 2025

    Mich. Tribe Can't Get $1.5M In Legal Fees In Recognition Fight

    A D.C. federal court judge on Wednesday denied a Michigan tribe's bid to recoup $1.5 million in legal fees from the U.S. Department of the Interior over the tribe's challenge to a federal recognition status denial, saying the motion is untimely because a decision to remand the dispute is final.

  • August 13, 2025

    Cloud Services Co. Asks FCC To Grant Numbering Access

    OXIO Inc. is seeking to bring its cloud-based telecom services to the U.S. market, but needs the Federal Communications Commission to authorize the mobile numbers its customers would use.

  • August 13, 2025

    USPTO Officially Ends Expedited Exams For Design Patents

    The U.S. Patent and Trademark Office will terminate a program that allowed for faster examinations of design patents, saying there had been a 560% increase in requests for expedited reviews as a result of fraudulent applications.

  • August 13, 2025

    2nd Circ. Asked To Review Bid To Bar NYC Congestion Pricing

    The Second Circuit should review a federal court's decision to grant the Metropolitan Transportation Authority and Triborough Bridge and Tunnel Authority's bid to dismiss a pair of lawsuits alleging Manhattan's congestion pricing tolls are discriminatory and trample on motorists' right to travel, a New York county argued Tuesday.

  • August 13, 2025

    NJ US Atty Defends Status, Says She Is 'Validly Serving'

    Acting New Jersey U.S. Attorney Alina Habba has hit back against criminal defendants who claim her contentious appointment violates the U.S. Constitution, saying everything is above board and a "lengthy period of acting service is not unusual."

  • August 13, 2025

    Kellogg's Will Nix Artificial Cereal Dyes, Texas AG Says

    WK Kellogg Co. has agreed to stop using artificial food coloring in its cereals within the next couple of years, the Texas Attorney General's Office announced Wednesday.

  • August 13, 2025

    NY Civil Rights Advocates Want ICE Holding Space Shut Down

    The federal building in Lower Manhattan where the U.S. Immigration and Customs Enforcement has detained noncitizens in overcrowded and unsanitary conditions which immigrant rights advocates called "inhumane." (Marco Poggio | Law360)

  • August 13, 2025

    Convicted ComEd CEO Seeks Bond Pending 7th Circ. Appeal

    Former Commonwealth Edison and Exelon Utilities CEO Anne Pramaggiore has requested to stay out of jail while she appeals her criminal conviction and two-year prison sentence, saying her case was "far from ordinary" and that bond would keep her from serving a substantial portion of her sentence unnecessarily if the Seventh Circuit finds in her favor.

  • August 13, 2025

    US Threatens Retaliation For 'Global Carbon Tax' On Shipping

    The U.S. government has preemptively threatened to retaliate against countries that adopt a multilateral plan to shift the global shipping industry toward achieving net-zero greenhouse gas emissions, claiming it's "a global carbon tax" that would disfavor liquefied natural gas and biofuels.

  • August 13, 2025

    DC Circ. Won't Halt Noncitizen Registration Rule For Appeal

    The D.C. Circuit denied a request by immigrant rights groups to halt a policy requiring noncitizens to register with the federal government or face prosecution, while denying the Trump administration's bid to dismiss the groups' appeal.

  • August 13, 2025

    Delaware Bill Seeks Separate Tax Rates For Property Types

    Delaware would authorize school districts to set different tax rates for residential and nonresidential property under a bill introduced in the state House for consideration in a special legislative session.

  • August 12, 2025

    Mich. Judge Says Racism Pervades Ethics Probe Into Bike Row

    A Michigan state judge facing allegations she escalated an interaction with a bike shop owner at a judicial conference and lied about the exchange urged a special master overseeing her case to dismiss the claims, while disciplinary counsel said the judge must be held accountable for her "abuse of authority."

Expert Analysis

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 3 Rulings May Reveal Next Frontier Of Gov't Contract Cases

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    Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.

  • How Ore. Law Puts New Confines On Corp. Health Ownership

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    A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.

  • Early Trends In Proxy Exclusion After SEC Relaxes Guidance

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    The U.S. Securities and Exchange Commission’s recent guidance broadening shareholder proposal exclusion under Rule 14a-8 has been undoubtedly useful to issuers this proxy season, but it does not guarantee exclusion, say attorneys at Debevoise.

  • How New Texas Law Revamps Electric Grid To Meet Demand

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    A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.

  • Best Practices For State Banks Eyeing Federal Conversions

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    Amid a notable uptick — fueled by ongoing regulatory upheaval — in state-chartered banks exploring conversion to national bank charters, banks contemplating the decision should weigh the benefits, like uniform supervision, and potential impediments, like costly exam fees, say attorneys at Skadden.

  • DOJ May Rethink Banning Firearms For Marijuana Users

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    In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.

  • EDNY Ruling May Limit Some FARA Conspiracy Charges

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    Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Future Of Enviro Crimes Under Trump's Federal Regs Order

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    President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.

  • Trump Antitrust Shift Eases Pressure On Private Equity Deals

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    Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.

  • How Cos. Can Prep For Calif. Cybersecurity Audit Regulations

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    As the California Privacy Protection Agency Board finalizes cybersecurity audit requirements, companies should take six steps to prepare for the audit itself and to build a compliant cybersecurity program that can pass the audit, say attorneys at Covington.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Shifting DEI Expectations Put Banks In Legal Crosshairs

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    The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.

  • Compliance Tips After Court Axes EEOC's Trans Rights Take

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    A Texas federal court's recent decision struck portions of the U.S. Equal Employment Opportunity Commission's 2024 guidance pertaining to sexual orientation and gender identity under Title VII, barring their use nationwide and leaving employers unsure about how to proceed in their compliance efforts, say attorneys at Dorsey & Whitney.

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