Public Policy

  • June 27, 2025

    No Federal Agency Can Enforce WilmerHale EO, Judge Says

    A D.C. federal judge on Thursday amended his decision in the WilmerHale executive order litigation, clarifying amid disagreement among the parties that the underlying executive order cannot be enforced by any federal agency.

  • June 27, 2025

    US, China Finalize Part Of Trade Agreement

    The U.S. and China recently finalized an agreement to remove certain American trade barriers in exchange for jumpstarting critical Chinese export approvals, according to remarks made by Chinese government officials Friday.

  • June 27, 2025

    Idaho Justices Dismiss Suit Over Skier's Death On Slopes

    The Idaho Supreme Court has dismissed a widow's suit against Sun Valley Co. alleging the company was negligent and liable for the death of her husband from hitting a snow machine while skiing, finding that the machine was clearly marked in keeping with state law, and the skier had assumed the risks of the sport.

  • June 27, 2025

    UK Joins Arbitration Appeals Alternative Amid WTO Paralysis

    The U.K. has officially joined a World Trade Organization-led contingency plan designed to keep the door open for appeals in international trade disputes, despite the continued dormancy of the WTO Appellate Body.

  • June 27, 2025

    Newsom Sues Fox News Over Alleged Lies About Trump Call

    California Gov. Gavin C. Newsom hit Fox News with a defamation suit in a Delaware court Friday, seeking $787 million in damages for the network's alleged "smearing" of him in reports on a dispute over details of the Democratic governor's June 6 phone call with President Donald Trump.

  • June 27, 2025

    3 DOL Policy Shifts On Benefits Attys' Radar

    Since President Donald Trump's administration took over in January, the U.S. Department of Labor has changed its tack on several issues related to employee benefits. Here, Law360 looks at three moves that caught lawyers' attention.

  • June 27, 2025

    DOJ Tax Division To Split Criminal, Civil Units, Official Says

    The U.S. Department of Justice aims to finalize a reorganization plan for its Tax Division by summer's end that would separate the criminal and civil tax functions and relocate them to the department's main branches, a department official said Friday.

  • June 27, 2025

    Justices Punt La. Voting Rights Case Despite Thomas Dissent

    The U.S. Supreme Court surprisingly declined Friday to resolve a yearslong saga over voting rights and alleged racial gerrymandering, ordering new arguments over Louisiana's controversial congressional districts despite an impassioned protest from Justice Clarence Thomas.

  • June 27, 2025

    Justices Uphold Texas Law Requiring Porn Site Age Checks

    The U.S. Supreme Court on Friday said a Texas law requiring pornographic websites to verify visitors' ages could take effect, agreeing with a divided Fifth Circuit's decision to vacate an injunction while using a different standard of judicial review to evaluate the statute.

  • June 27, 2025

    Justices Say Md. Must Allow LGBTQ Storybook Opt-Out

    The U.S. Supreme Court ruled Friday that a Maryland school district burdened parents' religious rights when it declined to provide opt-outs from a policy that introduced LGBTQ-themed storybooks into its K-12 English curriculum.

  • June 27, 2025

    Justices Salvage FCC Subsidy Fees, Reversing 5th Circ.

    The U.S. Supreme Court on Friday upheld the funding mechanism for the Federal Communications Commission's $9 billion Universal Service Fund used to subsidize low-income phone service, rural broadband, and school, library and healthcare telecommunications connectivity.

  • June 27, 2025

    Justices Back Task Force That Sets ACA Care Requirements

    The U.S. Supreme Court ruled Friday that the U.S. Department of Health and Human Services' secretary had authority over a preventive care task force, rejecting a constitutional challenge to an Affordable Care Act clause that requires health insurers to cover certain treatments at no cost to patients.

  • June 27, 2025

    Justices Limit Universal Injunctions But Defer On Citizenship

    The U.S. Supreme Court ruled Friday that President Donald Trump can partially implement his executive order aimed at limiting birthright citizenship, in a ruling that significantly limits the ability of federal district court judges to issue nationally applicable orders against presidential edicts and policy initiatives.

  • June 26, 2025

    Trump DOJ Eyes Algorithmic Collusion, Welcomes 'Little Tech'

    Tackling algorithmic pricing collusion in the healthcare and housing markets and welcoming pro-competitive mergers of "Little Tech" are among the U.S. Department of Justice's plans for protecting consumers in today's digital markets, the top deputy for the DOJ's antitrust division told privacy professionals on Thursday.

  • June 26, 2025

    Stewart Clarifies Settled Expectations In Denying Intel IPRs

    Leaders at the U.S. Patent and Trademark Office discretionarily denied 13 more petitions for inter partes review on Thursday, where the acting director offered more guidance on how she's deciding when a patent owner can rest on settled expectations that its patent wouldn't be challenged.

  • June 26, 2025

    FTC OKs $1.6B Gas Station Deal, With Divestiture Of 35 Stores

    The Federal Trade Commission announced Thursday an agreement resolving antitrust concerns regarding Alimentation Couche-Tard's proposed $1.57 billion acquisition of 270 fuel stations from grocery chain Giant Eagle, requiring the Canadian convenience store company to divest 35 gas stations.

  • June 26, 2025

    Phillip Morris Moves To Arbitrate Rivals' Tobacco Deal Suit

    Philip Morris USA is urging a Washington state judge to force arbitration in a dispute with R.J. Reynolds and other tobacco companies over deals delineating billions of dollars in annual payments owed to states under Big Tobacco's 1998 master settlement agreement.

  • June 26, 2025

    DHS Releases Grant Funds After Chicago Suit Targets 'Pause'

    The U.S. Department of Homeland Security has released at least some of the counterterrorism grant fund reimbursements it had recently suspended for Chicago and certain other cities, but Chicago officials say the move isn't enough to end a lawsuit it launched over the allegedly unconstitutional pause.

  • June 26, 2025

    Ex-NY Gov. Aide Hit With New PPE Fraud Scheme Charges

    A federal grand jury Wednesday tacked on charges against a former top aide to two New York governors in a case accusing her of secretly acting as a Chinese government agent, alleging she illegally steered government contracts during the COVID-19 pandemic to businesses she was secretly connected to.

  • June 26, 2025

    NY Court Suppresses Evidence Due To Cannabis Law Change

    A man's guilty plea to possessing cocaine was vacated Thursday after a New York appeals court allowed suppression of evidence gleaned from a police search prompted by a cannabis smell, because the state barred this exact practice days after his indictment.

  • June 26, 2025

    Calif. FAIR Plan Fire Policy Is Unlawful, Court Rules

    Fire insurance offered by California's insurer of last resort does not meet the minimum coverage standards laid out in the state insurance code, a California state court ruled, finding the policy's definition of "direct physical loss" and its smoke damage provision to be unlawfully restrictive.

  • June 26, 2025

    Judge Questions DOJ's Justification For $820M Grant Cuts

    A D.C. federal judge on Thursday expressed frustration with the U.S. Department of Justice's scant explanation for canceling more than $820 million in public safety grants disbursed through the agency's Office of Justice Programs.

  • June 26, 2025

    NY Looks To Snuff Out Pot Shop's Labor Peace Law Spat

    New York cannabis regulators fought a dispensary operator's challenge to a state law making companies sign on to labor peace agreements with unions to have a license, telling a federal judge Thursday that the business can't show harm from the pact because it doesn't have employees.

  • June 26, 2025

    EPA Illegally Ended Environmental Justice Grants, Groups Say

    Environmental groups, a Native American village and other local governments have alleged in a proposed class action in D.C. federal court that the U.S. Environmental Protection Agency unlawfully stopped a $3 billion climate grant program created by the 2022 Inflation Reduction Act.

  • June 26, 2025

    Cable Biz Wants Notice Before FCC Waives Top-4 Rule

    The cable industry criticized the Federal Communications Commission's handling of a recent waiver of its rule blocking broadcasters from owning more than one top-four TV station in a single market, telling FCC officials they should ask for the public's views before making any exceptions.

Expert Analysis

  • What Disparate Impact Order Means For Insurers' AI Use

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    A recent executive order seeking to bar disparate impact theory conveys a meaningful policy shift, but does not alter the legal status of federal antidiscrimination law or enforceability of state laws, such as those holding insurers accountable for using artificial intelligence in a nondiscriminatory matter, say attorneys at Eversheds Sutherland.

  • Choosing A Road To Autonomous Vehicle Compliance

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    As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.

  • Navigating The Expanding Frontier Of Premerger Notice Laws

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    Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.

  • Evolving Federal Rules Pose Further Obstacles To NY LLC Act

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    Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.

  • The Risks Of Trump's Plan To Fast-Track Deregulation

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    A recent memorandum issued by President Donald Trump directing the repeal of so-called unlawful regulations, and instructing that agencies invoke the good cause exception under the Administrative Procedure Act, signals a potentially far-reaching deregulatory strategy under the guise of legal compliance, say attorneys at GableGotwals.

  • Deregulation Memo Presents Risks, Opportunities For Cos.

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    A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

  • Action Steps To Prepare For Ramped-Up Export Enforcement

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    In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • DOJ Signals Major Shift In White Collar Enforcement Priorities

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    In a speech on Monday, an official outlined key revisions to the U.S. Department of Justice’s voluntary self-disclosure, corporate monitorship and whistleblower program policies, marking a meaningful change in the white collar enforcement landscape, and offering companies clearer incentives and guardrails, say attorneys at McGuireWoods.

  • Understanding Compliance Concerns With NY Severance Bill

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    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.

  • What New Study Means For Recycling Compliance In Calif.

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    Companies must review the California recycling agency's new study to understand its criteria for assessing claims of product and packaging recyclability under a law that takes effect next year, and then decide whether the risks of making such claims in the state outweigh the benefits, say attorneys at Keller & Heckman.

  • Mergers Face Steeper Slopes In State Antitrust Reviews

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    The New York Supreme Court's recent summary judgment in New York v. Intermountain Management, blocking the acquisition and shuttering of a ski mountain in the Syracuse area, underscores the growing trend among state antitrust enforcers to scrutinize and challenge anticompetitive conduct under state laws, say attorneys at Robins Kaplan.

  • Opinion

    The IRS Shouldn't Go To War Over Harvard's Tax Exemption

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    If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.

  • Balancing Deep-Sea Mining Executive Order, Int'l Agreements

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    President Donald Trump's recent executive order directing exploration and exploitation of deep-sea mineral resources appears to conflict with the evolving international framework regulating such activities, so companies and investors should proceed with care and keep possible future legal challenges in mind, say attorneys at Dentons.

  • CFTC Memos Clarify When 'Sorry' Still Gets You Subpoenaed

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    A pair of Commodity Futures Trading Commission advisories released in February and April open a new path to self-reporting but emphasize that serious breaches still warrant a trip to the penalty box, prompting firms to weigh whether — and how — to disclose potential violations in the future, say attorneys at Pryor Cashman.

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