Public Policy

  • July 29, 2025

    Justices Can Fix Circuit Split On Compassionate Release

    The First Step Act drastically reduced the mandatory minimum sentences for certain federal crimes, but it will be up to the U.S. Supreme Court to settle a 6-4 circuit split over whether courts can consider those changes when weighing a prisoner's compassionate release, attorneys tell Law360.

  • July 29, 2025

    Ga. Senators Accuse DA Of 'Stonewalling' In Testimony Fight

    A Georgia Senate committee investigating Fulton County District Attorney Fani Willis' prosecution of President Donald Trump and others in an election interference case told the state's Supreme Court that her bid to escape its subpoena for her to testify before the committee seeks "to reward her stonewalling" and "delay tactics."

  • July 29, 2025

    4th Circ. Rejects BofA's Claim Of Tax Offsets After Mergers

    Bank of America cannot use its tax overpayments to offset interest on tax underpayments by Merrill Lynch just because the two companies later merged, the Fourth Circuit affirmed Tuesday in a $163 million case that affects more than 20 years' worth of tax adjustments.

  • July 29, 2025

    Okla. Cannabis Attorney Sues State Bar Over Suspension

    An Oklahoma-based attorney specializing in First Amendment and cannabis law is suing the state's bar association and Supreme Court, alleging that he was wrongfully suspended last year in retaliation for criticizing the bodies.

  • July 29, 2025

    Colo. Conservative Group Says New OT Law Violates TABOR

    Colorado's new overtime law, which requires overtime deducted from federal gross income to be added back to a taxpayer's federal taxable income for state income tax, violates the state's Taxpayer's Bill of Rights, a conservative advocacy group told a state district court.

  • July 29, 2025

    Calif. Allows Retroactive Tax Exclusion For Solar Property

    California will allow the purchaser of a new property a three-year window to apply for a property tax exclusion for solar energy systems under a bill signed by Gov. Gavin Newsom.

  • July 29, 2025

    What To Watch As Deadline Looms For Jay Clayton At SDNY

    The clock is ticking closer to the expiration of Jay Clayton's appointment as interim U.S. attorney for the Southern District of New York, setting him on a likely collision course with the district's judges, who have the power to vote on whether he can continue overseeing one of the top prosecutorial offices in the country.

  • July 29, 2025

    Judge Wants Docs On Feds' Role In Fla. Detention Center Suit

    A Florida federal judge has said agreements between the federal government and the state concerning the immigrant detention center in the Everglades dubbed "Alligator Alcatraz" could help the court decide if federal environmental laws are at play in a suit from environmental groups.

  • July 29, 2025

    Ark. Law Banning PBM-Owned Pharmacies Put On Ice

    Arkansas can't enforce a law banning pharmacy benefit managers from owning pharmacies in the state, a federal judge ruled, saying that CVS, Express Scripts, Optum and a trade group are likely to succeed on their claims that the statute unlawfully restricts interstate commerce.

  • July 29, 2025

    Federal Cuts Shake Up Clinical Research Funding Landscape

    As the Trump administration makes deep cuts to clinical research funding, healthcare attorneys worry that the delicate balance between federal grants and private investment is at risk. Crowell & Moring LLP partner Linda Malek talks to Law360 Healthcare Authority about the industry's concerns.

  • July 29, 2025

    Key Immigration Policies Of 2025: Midyear Report

    President Donald Trump signed a flurry of immigration-related executive orders on Inauguration Day to sharply curtail asylum at the southern border and lay the groundwork for a sweeping approach to immigration enforcement. Here, Law360 looks at some of the most significant developments in immigration policy this year.

  • July 28, 2025

    9th Circ. Wants More Info On Trump Admin's Arrest Policy

    A Ninth Circuit panel doubted Monday the government's request to lift a ruling blocking the Trump administration from relying on people's perceived ethnicity or job to stop individuals amid immigration raids, with one judge ordering the government to submit more details on whether it has a 3,000 arrests per day quota.

  • July 28, 2025

    Retired Judges Say DOJ Suit 'Threatens' Core Of Judicial Role

    A group of retired federal judges on Monday threw their support behind Maryland federal judges targeted in a Trump administration lawsuit over their habeas petitions standing order, arguing that the suit "threatens the judicial role to its core" and is trying to block judges from employing "a commonplace docket-management technique."

  • July 28, 2025

    New Jersey US Atty Faces Authority Challenge In Drug Case

    A New Jersey man facing federal drug and firearms charges is mounting what appears to be the first formal legal challenge to Alina Habba's continued role as acting U.S. attorney for the District of New Jersey, arguing that her appointment is unlawful and undermines the legitimacy of his prosecution.

  • July 28, 2025

    Apache Women Look To Block Arizona Site's Destruction

    A group of Apache women are looking to block the federal government from transferring their Arizona worship site to a copper mining company, telling a D.C. federal court they will be unable to practice and pass down their religion if the site is destroyed.

  • July 28, 2025

    Bondi Says Judge Boasberg Hit With 'Misconduct Complaint'

    U.S. Attorney General Pam Bondi announced Monday that the U.S. Department of Justice filed a "misconduct complaint" against Chief U.S. District Judge James Boasberg, the D.C. federal judge who found probable cause to hold the Trump administration in criminal contempt for violating his order blocking deportations.

  • July 28, 2025

    Amazon Says Geostationary Satellites Causing Interference

    Amazon is asking the Federal Communications Commission to stop authorizing new geostationary satellite operators in the non-geostationary satellite primary bands, complaining that geostationary operators are haphazardly using the spectrum designated for operators like Amazon's planned Kuiper constellation and causing interference.

  • July 28, 2025

    Midband Spectrum Set-Aside Needed For Telemetry, FCC Told

    As the Federal Communications Commission considers shutting down more than 2,000 regulatory dockets that have become dormant, it shouldn't have its eye on a rulemaking aimed at setting aside midband airways for the aeronautical mobile telemetry, a defense contractor says.

  • July 28, 2025

    Rincon Band Says NEPA Reform Proposal Is Bad Idea

    The Rincon Band of Luiseño Indians says projects under the FCC's jurisdiction have historically "failed to adequately identify and assess historic properties of cultural and religious significance to Tribal Nations" and a proposal to loosen National Environmental Policy Act rules will make things only worse.

  • July 28, 2025

    Birthright Call Cited In Push To Keep TPS For Venezuelans

    The TPS Alliance is arguing to a Ninth Circuit panel that another Ninth Circuit panel's affirmation of a nationwide injunction on President Donald Trump's executive order limiting birthright citizenship weighs in favor of preserving a California federal judge's decision blocking the administration's attempt to end temporary protected status for Venezuelan immigrants.

  • July 28, 2025

    Fed Committee Meetings Will Remain Closed, Judge Rules

    A D.C. federal judge shot down a President Donald Trump ally's bid to open up the Federal Reserve's Federal Open Market Committee meetings to the public Monday, questioning whether the suit was a stunt to gin up interest in his new "anti-DEI" investment fund.

  • July 28, 2025

    Congress Urged To Make FCC Merger OKs Deal-Specific

    A free-market think tank says diversity and journalism-related conditions tied to Federal Communications Commission approval of the pending Paramount-Skydance merger show why Congress needs to reform FCC reviews to make sure any conditions are transaction-specific.

  • July 28, 2025

    FCC Pushed To Rescind Biden-Era Cybersecurity Ruling

    Several telecom trade groups have urged the Federal Communications Commission to pull back a ruling from early this year that imposed new cybersecurity requirements on providers in the aftermath of the Salt Typhoon cyberattack by actors linked to the Chinese government.

  • July 28, 2025

    Florida's AG Announces 'Climate Cartel' Investigation

    Florida's attorney general announced Monday that he is investigating whether two greenhouse gas emission reduction groups violated state consumer protection or antitrust laws for allegedly coercing companies into disclosing proprietary information.

  • July 28, 2025

    Ex-Nurse's VA Negligence Case Doubted By Seattle Judge

    A Seattle federal judge appeared unconvinced on Monday that a U.S. Navy veteran had proven substandard psychiatric care caused a psychotic episode that led to her stabbing her mother, suggesting key allegations aren't backed by testimony as a bench trial wrapped in her case targeting a U.S. Department of Veterans Affairs doctor. 

Expert Analysis

  • How Providers Can Brace For Drug Pricing Policy Changes

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    Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.

  • Comparing New Neural Data Privacy Laws In 4 States

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    Although no federal law yet addresses neural privacy comprehensively, the combined effect of recent state laws in Colorado, California, Montana and Connecticut is already shaping the regulatory future, but a multistate compliance strategy has quickly become a gating item for those experimenting with neuro-enabled workplace tools, says Kristen Mathews at Cooley.

  • 2025's First Half Brings Regulatory Detours For Fintechs

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    The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.

  • Debunking 4 Misconceptions Around Texas' IV Therapy Law

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    Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.

  • A Pattern Emerges In Justices' Evaluation Of Veteran Statute

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    The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • Psychedelic Treatment Regs May Be At A Tipping Point

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    Recent scientific and public attention suggest that development of psychedelics as treatment for some conditions may be at a tipping point, which could bring on more rapid change and opportunities for stakeholders who may in the future benefit from greater access to safe and effective psychedelic medicines, say attorneys at King & Spalding.

  • In NRC Ruling, Justices Affirm Hearing Process Still Matters

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    The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.

  • Comparing Stablecoin Bills From UK, EU, US And Hong Kong

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    For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.

  • What Baseball Can Teach Criminal Attys About Rule Of Lenity

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    Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • Focusing On Fluoride: From FDA To Class Action

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    A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.

  • How Energy Cos. Can Prepare For Potential Tax Credit Cuts

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    The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.

  • The CFTC Is Shaking Up Sports Betting's Legal Future

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    The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.

  • DOJ Atty Firing Highlights Tension Between 2 Ethical Duties

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    The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.

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