Public Policy

  • August 23, 2026

    US-Canada Trade Talks Crater Ahead Of 50% Tariffs

    Canada will place tariffs on American goods in response to 50% U.S. tariffs that took effect Saturday on goods arriving from across the Northern border after talks to strike a broader economic deal fell apart.

  • August 21, 2026

    75-Country Immigrant Visa Freeze Ruled 'Patently Unlawful'

    A New York federal judge on Friday struck down a U.S. Department of State policy that halted the issuance of visas to immigrants from 75 countries, finding the policy "patently unlawful" and in excess of Secretary of State Marco Rubio's statutory authority.

  • August 21, 2026

    Banking Industry Pushes For Lighter Load On 'Camels'

    The banking industry is pressing federal regulators to beef up their plan to rein in confidential supervisory ratings that are used to score the health of banks, urging them to set sharper limits around downgrade decisions and potentially ditch management-specific ratings entirely.

  • August 21, 2026

    9th Circ. Rules Workers' Vaccine Bias Suit Must Go To Trial

    The Ninth Circuit ruled Friday that a jury must decide workers' religious-discrimination claims against the Washington Department of Fish & Wildlife, finding the lower court erred in concluding the agency accommodated the workers' religious-exemption requests from a COVID-19 vaccine mandate by offering them limited reassignment options.

  • August 21, 2026

    Split DC Circ. Nixes Damages Over Project Veritas Sting Video

    A split D.C. Circuit panel sided Friday with the founder and former CEO of conservative activist media group Project Veritas, reversing $130,000 in damages stemming from the group's sting operation on the liberal consulting firm Democracy Partners.

  • August 21, 2026

    Texas Hemp Cos. Bring New Challenge To Delta-8 Rules

    A group of companies in the hemp industry asked a Texas state court to pare back Department of State Health Services actions that curb delta-8 in hemp, taking another swing at agency rules after the Texas Supreme Court rejected a similar case.

  • August 21, 2026

    Wash. AG Pauses OG Case As 9th Circ. Weighs Preemption

    Washington's attorney general and its gambling commissioners have agreed to hold off on enforcing the state's gambling laws against prediction market platform OG, run by the North American Derivatives Exchange, while the Ninth Circuit decides related appeals that could resolve the underlying legal dispute.

  • August 21, 2026

    Vandy Law Grad Can Keep Hidden-Evidence Suit Against Attys

    A Connecticut federal judge ruled Friday that a Vanderbilt Law School graduate can continue a suit against the town of Westport and two attorneys who defended him in a criminal case when he was a teen and, he claims, helped cover up critical information — causing him to be incarcerated.

  • August 21, 2026

    9th Circ. Tosses Calif. Ghost Gun Suit Over Standing

    A Ninth Circuit panel on Friday vacated a lower court ruling that struck down part of a Bureau of Alcohol, Tobacco, Firearms and Explosives ghost gun regulation, finding California and the Giffords Law Center to Prevent Gun Violence lacked standing to sue on the grounds that the regulation did not go far enough in defining various "ghost gun" parts.

  • August 21, 2026

    New SBA Rule May Send Applicants Back To Square One

    The U.S. Small Business Administration's new rule redefining eligibility for the agency's contracting program for disadvantaged small businesses is prompting those with pending applications to consider scrapping them and starting over, and future applicants now face a new and largely untested evidentiary standard.

  • August 21, 2026

    Kalshi Wants Wash. Ban Axed After State 'Blessed' Competitor

    Kalshi has urged a Washington state court to reconsider a recent order blocking the company from offering event contracts to the state's residents in most of its prediction market categories, raising equitable findings concerns and pointing to Washington's recent "blessing" of event contracts offered by one of Kalshi's competitors.

  • August 21, 2026

    Divided 2nd Circ. Backs DQ Of Acting NDNY US Attorney

    The Second Circuit on Friday upheld a lower court's decision that found the acting U.S. attorney for the Northern District of New York, John Sarcone III, was unlawfully serving in his position when he obtained grand jury subpoenas of the New York attorney general's office.

  • August 21, 2026

    Mich. Homeowners Say Grid Overseer Exceeded Its Power

    A Michigan couple on Friday urged a federal judge to keep their lawsuit against state utility regulators alive, arguing a state-approved mandate should not give power companies a "blank check" to enter private property and cut down trees without an easement.

  • August 21, 2026

    Albertsons Twists Record In Opioid Trial Motion, Wash. Says

    Washington state is urging a Seattle judge to reject Albertsons' latest dismissal bid in a suit accusing the grocery giant of fueling the state's opioid epidemic, arguing the motion rehashes failed arguments and distorts evidence presented over the past five weeks in an ongoing bench trial.

  • August 21, 2026

    Verdict Bars Ex-Fla. Rep's 'Sham' Contract Claim, Oil Co. Says

    The U.S. affiliate of Venezuela's state oil company urged a New York federal court Friday to toss a former Florida congressman's counterclaim alleging he's still owed $30 million under a consulting contract, saying his conviction on charges of failing to register as a foreign agent shows the agreement was a "sham."

  • August 21, 2026

    Trump Seeks Justices' Review Of DEI Grant Termination Case

    The Trump administration is urging the U.S. Supreme Court to review a Ninth Circuit decision requiring the federal government to reinstate research grants that were terminated due to presidential orders against diversity, equity and inclusion initiatives.

  • August 21, 2026

    Uber, DoorDash Lose Most Of NYC Tip Prompt Suit

    A New York federal judge kept alive DoorDash and Uber's compelled-speech challenge to New York City laws requiring delivery platforms to display a tipping prompt at or before checkout that includes an option of at least 10%, but tossed their remaining five claims.

  • August 21, 2026

    Fed. Circ. Tosses Suit Over 'Misleading' Patent Language

    The Federal Circuit on Friday affirmed a lower court's dismissal of a lawsuit brought by inventor advocacy groups challenging what they called misleading language on patent covers, saying the groups had not shown a threat of future injury.

  • August 21, 2026

    DC Circ. Voids Block On OMB Funding Freeze

    The D.C. Circuit on Friday vacated a district judge's block on the Trump administration's pause on a wide array of federal grants, loans and financial assistance, ruling that the Office of Management and Budget's rescission of the memorandum rendered the lawsuit moot.

  • August 21, 2026

    NJ Medicaid Fee Law Barred By ERISA, Trade Groups Argue

    A coalition of restaurant, retail and hotel industry groups has urged a New Jersey federal court to strike down a state law requiring businesses to pay a fine when their employees are enrolled in the state Medicaid program, arguing the statute conflicts with federal benefits law.

  • August 21, 2026

    TikTok Inks $400M Deal With DOJ To End Kids' Privacy Suit

    TikTok has agreed to pay $400 million to resolve the U.S. Department of Justice's claims that the short-form video platform illegally collected personal information from kids under 13, marking one of the largest recoveries ever obtained under the federal Children's Online Privacy Protection Act, the feds said Friday.

  • August 21, 2026

    2nd Circ. Backs NY Water Permit For Pipeline Project

    The Second Circuit on Friday upheld New York's issuance of a Clean Water Act permit for a controversial Williams Cos. pipeline upgrade, saying state environmental regulators justified their about-face from previous permit denials over pollution concerns.

  • August 21, 2026

    Mass. Eyes More Time For 'Greenwash' Records Response

    Massachusetts environmental regulators asked a judge for another two weeks to search for potentially responsive records sought by a lawyer representing Exxon Mobil in the state's "greenwashing" lawsuit.

  • August 21, 2026

    Meta Tells DC Circ. To Reject FTC Appeal

    Meta Platforms Inc. urged the D.C. Circuit not to revive the Federal Trade Commission's monopolization lawsuit targeting its purchases of WhatsApp and Instagram, arguing Thursday that a D.C. federal judge correctly held that in the here and now, competition from TikTok and YouTube means it "has no monopoly."

  • August 21, 2026

    The Race Is On To Confirm Trump's Judges By Year-End

    President Donald Trump nominated 11 judges this past week, meaning 19 nominees are now in the pipeline. But how many can the Senate confirm before the end of the year, given that it will mostly be absent and consumed by the midterm election? 

Expert Analysis

  • Managing Data Center Power Issues, Public Pushback

    Author Photo

    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • California FAIR Plan Is Outgrowing Last-Resort Role

    Author Photo

    With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

  • Data Center Risks Include Schedules, Supply Chain, Labor

    Author Photo

    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

    Author Photo

    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

    Author Photo

    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

    Author Photo

    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

    Author Photo

    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • A New Era Of Scrutiny For China-Linked Pharma Deals

    Author Photo

    As Congress considers bipartisan legislation that would heighten regulatory scrutiny for life sciences deals involving Chinese biotech entities, companies should reassess the risks and due diligence requirements that will come with using heavily China-dependent pipelines, says Jen Maki at Ankura.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

    Author Photo

    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

    Author Photo

    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • What Cos. Must Know About EPA Water Monitoring Proposal

    Author Photo

    The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

    Author Photo

    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • House Truck Weight Bill Could Raise Stakes In Crash Suits

    Author Photo

    A bill pending in the U.S. House of Representatives could allow participating states to run six-axle trucks at 91,000 pounds instead of 80,000, likely resulting in more catastrophic injury claims with higher damages and further taxing an already strained insurance coverage system, says attorney Angel Reyes.

  • Trump Debarment Threat Calls For Targeted Defense Plan

    Author Photo

    President Donald Trump's recent Truth Social directive ordering federal suspension and debarment officials to investigate the National Academies of Sciences, Engineering and Medicine over climate science work could have existential consequences, highlighting the importance of winning the framing battle by building a clear timeline and record, say attorneys at Jenner & Block.

  • Fed Report Underscores Focus On Nonbank, CRE Risks

    Author Photo

    The Federal Reserve Board's latest supervision and regulation report highlights that broad systemic stability will not insulate individual institutions from rigorous supervisory challenges regarding concentrated commercial real estate portfolios and nonbank partnerships, says Daniel Meade at Hogan Lovells.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Public Policy archive.