Public Policy

August 20, 2025
Musk Can't Yet Ditch Ariz. Voter's Suit Over $1M Giveaway

A Texas federal judge on Wednesday refused to toss an Arizona voter's proposed class action claiming that Elon Musk's $1 million giveaway to swing state voters was deceptively marketed as a random lottery, ruling that the voter has plausibly alleged that she was defrauded.
August 20, 2025
Feds Lose Bid To Unseal Epstein Grand Jury Files In NY

A Manhattan federal judge Wednesday rejected the U.S. Department of Justice's request to unseal grand jury transcripts from the trafficking case against the late sex offender Jeffrey Epstein, saying the government has not justified unsealing the materials and did not give Epstein's survivors sufficient notice before filing its request.
August 20, 2025
17 States, DC Urge FDA To Lift Mifepristone Restrictions

Seventeen states and the District of Columbia Wednesday joined four others in urging the U.S. Food and Drug Administration to lift restrictions on the abortion drug mifepristone, saying that data their health departments collected overwhelmingly back the drug's safety.
August 20, 2025
Supersede California's Voice Over IP Rules, FCC Urged

California's new regulatory regime for internet voice call providers is a "power grab" and the Federal Communications Commission should make clear that its rules preempt those of the Golden State, a free market think tank is telling the agency.
August 20, 2025
W.Va. Judge Blocks Private Suits Under State's 'Daniel's Law'

A West Virginia federal judge has tossed five proposed class actions accusing PeopleConnect, LexisNexis Risk Solutions and several other data brokers of violating the state's Daniel's Law by publishing information on judicial and law enforcement officers, after finding the privacy statute's lawsuit mechanism to be unconstitutional.
August 20, 2025
Judge Grills Feds On Upending 30-Year Noncitizen Benefits

A Rhode Island federal judge seemed perplexed Wednesday by a government attorney's contention that for nearly 30 years, various administrations across the political spectrum have wrongly interpreted a law the Trump administration now says requires immigration status checks for additional federal benefits.
August 20, 2025
GOP Sens. See Path To Crypto Market Structure Law This Year

Republican lawmakers and regulators this week previewed plans to finish cryptocurrency market structure legislation before year's end and continue reducing scrutiny from banking regulators during a multiday event that brought officials and industry participants together in Wyoming.
August 20, 2025
UF Prof's Appeal In Free Speech Suit Was Late, 11th Circ. Says

The Eleventh Circuit on Wednesday ruled that an English professor who sued University of Florida officials for alleged free speech violations filed his appeal too late, saying he missed his deadline by eight days.
August 20, 2025
TikTok Profits From Addicting Children, Minnesota Says

TikTok Inc. knowingly designed its social media platform to be addictive to children, according to a state court lawsuit filed by Minnesota, which also accuses the company of operating an unlicensed virtual currency system that facilitates financial and sexual exploitation of minors.
August 20, 2025
DC Judge Won't Reinstate Ex-Copyright Chief Amid Appeal

A District of Columbia federal judge on Wednesday again refused to reinstate the U.S. Copyright Office's fired head, this time while she takes her fight to the D.C. Circuit, saying she still hasn't convinced the judge she'll suffer irreparable harm if she isn't reinstated as she appeals.
August 20, 2025
Civil Rights Org. Urges FCC Not To Ditch Nat'l Ownership Cap

A civil rights group founded by the Rev. Al Sharpton said it would be a bad idea for the Federal Communications Commission to strip away ownership regulations that cap how many television stations any one company can own.
August 20, 2025
9th Circ. Blocks Alaska's Bid To Loosen Federal Fishing Regs

The Ninth Circuit on Wednesday said Alaska state officials may not open part of the Kuskokwim River to gill net fishing by all residents of the state because that would violate a federal law that favors rural, subsistence fishers.
August 20, 2025
Wash. Seeks To Stop NOAA's Climate Change Grant Cuts

The state of Washington is urging a Seattle federal judge to save more than $9.3 million in climate change resiliency funding that it claims is "on the chopping block" as the Trump administration moves to eliminate programming to promote environmental justice and reduce carbon emissions.
August 20, 2025
Texas AG Says Chase Can't Recoup Failed $10M Project

The Texas Office of the Attorney General on Wednesday asked the state's highest court to reject JPMorgan Chase Bank NA's attempt to get a city to continue to make payments on a botched $10 million project, saying such payments would run afoul of the Texas Constitution.
August 20, 2025
Colo. AG Pans EPA Plan To End Vehicle-Emission Standards

Colorado Attorney General Phil Weiser testified before the U.S. Environmental Protection Agency on Wednesday to advocate against the agency's proposal to eliminate air pollution standards for motor vehicles.
August 20, 2025
Tribes Say Calif. Cannabis Raids Violate Sovereignty

The Round Valley Indian Tribes are fighting a Mendocino County sheriff's attempt to toss their California federal court suit claiming law enforcement illegally raided cannabis growing operations on three tribal members' trust allotments, arguing that the raids are illegal and violate their sovereign rights.
August 20, 2025
NAACP, Unions Lose Bid To Stop Education Dept. Closure

The NAACP and several unions can't halt the Trump administration from shuttering the U.S. Department of Education, a Maryland federal judge ruled, finding the U.S. Supreme Court's stays of lower court orders related to the agency's dismantling indicate the plaintiffs aren't likely to win on their claims.
August 20, 2025
Alaska Telecom Fights Changes To Buildout Rules

A small Alaskan telecom is continuing its fight against a proposal from GCI Communication Corp. that would lower standards for carriers to receive Alaska Connect Fund support, telling the Federal Communications Commission that GCI should lose funding if it can't meet its commitments.
August 20, 2025
TikTok Can't Dodge NC Claims Over Addictive App Design

Chinese internet behemoth ByteDance Inc. and its social media subsidiary TikTok Inc. can be sued in the Tar Heel State, North Carolina's business court ruled Tuesday, preserving a lawsuit that accuses the companies of exploiting minors through addictive app design.
August 20, 2025
Wash. AG Wins $28M In Fees In Kroger-Albertsons Deal Fight

A Washington judge has awarded the state attorney general's office $28.4 million in legal fees for its efforts to block the merger between Kroger and Albertsons that was also challenged by the Federal Trade Commission, largely rejecting the grocery giants' objections to a total fee request of $32.4 million.
August 20, 2025
NC's Cap On Med Mal Damages Is Constitutional, Panel Rules

The North Carolina state appeals court ruled Wednesday that a state law capping compensatory damages in certain medical malpractice lawsuits at $500,000 is constitutional, handing a defeat to a woman seeking to recoup her full $7.5 million jury verdict stemming from the loss of her unborn baby.
August 20, 2025
Ga. Mom Says State Child Support Policy Is Unconstitutional

A Georgia mother has sued three state agencies in federal court, alleging the state's child support policy unconstitutionally keeps "indigent parents buried under child-support debts that they will never be able to repay."
August 20, 2025
'Door To Tyranny' Ajar In Pot Smell Appeal, NC Justices Told

A man appealing his conviction for unlawful firearm possession told North Carolina's highest court this week that state law enforcement entities were attempting to erode the separation of powers by inserting themselves into his case.
August 20, 2025
Feds Lose Bid To Seal In Vax Patent Case Against Moderna

The U.S. government has failed to show why names and contact information of certain U.S. Department of the Army employees should be hidden in an mRNA vaccine developer's $5 billion patent suit over Moderna's COVID-19 vaccines, a federal judge has found.
August 20, 2025
Atlanta Ignores Sex Assault Claims Against Cops, Court Told

A Georgia woman and her teenage daughter who was raped by an Atlanta police officer have told a federal judge that the city doesn't get to dodge their suit, arguing they've claimed in "exhaustive factual detail" how it routinely lets sexual misconduct slide among its officers.

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

Lessons Learned 3 Years After First CCPA Enforcement Action

Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
Utility Agency Suits May Rise As Calif. Justices Nix Deference

A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
2 Appellate Rulings Offer Clickwrap Enforcement Road Map

Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
How Tariffs Can Affect Event Studies In Securities Litigation

When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
A Look At Robinson-Patman Enforcement In The MLM Industry

The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
A Former PTAB Judge Weighs The End Of Remote Hearings

Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
How Proposed FAA Rule May Streamline Drone Operations

The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
What To Expect From 401(k) Plan Alternative Assets Order

The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
The Future Of Lab-Test Regs After FDA Rescinds Rule

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

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

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

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

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

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

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.