Public Policy

  • August 26, 2026

    Miami Politicians Must Face Ex-Top Cop's 1st Amendment Suit

    Three former Miami city commissioners aren't shielded by the doctrine of qualified immunity from a fired police chief's First Amendment lawsuit, but the former city manager is, the Eleventh Circuit ruled Wednesday, saying the manager didn't know he risked violating the Constitution by suspending the chief before the firing.

  • August 26, 2026

    DC Circuit Upholds Approval Of La. LNG Terminal, Pipeline

    The D.C. Circuit on Tuesday rejected a challenge to the Federal Energy Regulatory Commission's approval of a $10 billion liquefied natural gas terminal and pipeline in Louisiana, denying petitions from environmentalists saying the commission had unjustifiably dismissed threats to the climate stemming from the project.

  • August 26, 2026

    4 Factors That May Decide Success Of IRS Easement Office

    As practitioners scrambled to meet deadlines to settle clients' disputes over conservation easement tax deductions, the IRS made a surprise announcement this month that it would establish an office to solely focus on such cases. Here, Law360 looks at how four factors will affect whether the IRS achieves its stated plans for the office.

  • August 26, 2026

    5th Circ. Won't Reopen Apex's SEC Deal For Better Terms

    The Fifth Circuit has denied Apex Clearing Corp.'s petition to revisit its settlement agreement with the U.S. Securities and Exchange Commission over the clearinghouse's purported failure to keep records of off-channel communications, finding that other firms receiving more favorable settlement terms later on was not grounds for modification.

  • August 26, 2026

    Sens. Push Probe Of DOT's Failure To Protect Flyers' Privacy

    U.S. Sens. Ron Wyden, D-Ore., and Shontel Brown, D-Ohio, asked the U.S. Government Accountabiliy Office Wednesday to investigate the U.S. Department of Transportation's "systemic abdication" and "regulatory neglect" of its consumer privacy enforcement mandates meant to protect air travelers' privacy, warning of "severe international and economic ramifications."

  • August 26, 2026

    Idaho Abortion Ban Relief Narrowed To 1 Doctor

    An Idaho federal judge walked back his recent order barring the state from enforcing its near-total abortion ban in certain health-related circumstances, finding that precedent in the U.S. Supreme Court supported a narrower injunction.

  • August 26, 2026

    Ill. Aid-Fixing Trial Delayed As 7th Circ. Review Proceeds

    Students and several elite private universities will have to postpone their trial over an alleged financial aid fixing scheme while the Seventh Circuit reviews expert-related findings that have allowed the case to proceed as a class action, an Illinois federal judge said Wednesday.

  • August 26, 2026

    Diocese Says Religious Freedom Fair Defense To DHS Taking

    A New Mexico church argued that the federal government's eminent domain powers are not designed to override protections for religious expression, objecting to a plan that would seize part of a pilgrimage site to build a border wall.

  • August 26, 2026

    Lawmakers Press Commerce To Curb Exports To Adversaries

    A bipartisan group of lawmakers is urging the U.S. Department of Commerce to block U.S. citizens and businesses from working for foreign civilian intelligence and security agencies in Russia, China and other "countries of concern."

  • August 26, 2026

    Meta Judge Quickly OKs $17B Deal Over Social Media Harms

    A California federal judge overseeing a bellwether trial over claims Meta hid social media's harms to youth on Wednesday approved its $17.1 billion deal with 29 states, after a hearing in which she pressed lawyers on details of the deal and raised concerns about how Meta was handling attorney-client privilege issues.

  • August 26, 2026

    Mont. Reaches Deal To Ensure Schools Teach Native History

    A group of individuals, tribal nations and the Montana Office of Public Instruction have agreed to settle a class action challenging the state's failure to implement a mandate that requires public schools to teach Indigenous history and culture in consultation with local tribes.

  • August 26, 2026

    NTIA Has Given Final OK To All 56 State, Territory BEAD Plans

    Nearly five years after the Infrastructure Investment and Jobs Act created the BEAD program, the National Telecommunications and Information Administration says it has approved all 56 final proposals from the states and territories.

  • August 26, 2026

    7th Circ. Holds High Court Ruling Supports Ark. PBM Rule

    The Seventh Circuit refused Wednesday to revive a union fund's challenge to an Arkansas rule making health plans disclose pharmacy compensation and pay fees, backing a lower court's holding that the rule was in line with a 2020 U.S. Supreme Court ruling that permitted state cost regulations on pharmacy benefit managers.

  • August 26, 2026

    Samsung, Apple Warn Against Google Payment Ban

    Samsung and Apple told the D.C. Circuit that they are backing he district court's decision to reject a proposed ban on Google's payments to device distributors, with Samsung saying the ban would deprive it of the revenue it needs to help fund research and development in its mobile business unit and Apple saying it would only benefit Google at the expense of customers and third parties. 

  • August 26, 2026

    Mich. Appeals Court Upholds Probate Judge Candidate DQ

    A candidate hopeful for Wayne Probate Court judge will not appear on the ballot in November after a Michigan Court of Appeals panel on Tuesday affirmed a lower court's decision that her nominating petitions did not have enough signatures to garner her certification.

  • August 26, 2026

    DOJ Flags Breach Of Internal Policies In Apple Suit

    The U.S. Department of Justice told a New Jersey federal judge Tuesday that its staffers breached internal policies when they shared personally identifiable information with an outside discovery vendor that was hired not by the department, but instead by the DOJ's state attorneys general partners, in the monopolization case against Apple.

  • August 26, 2026

    FCC Seeking More Spectrum For Space Launches, Reentry

    The Federal Communications Commission is on the hunt for more spectrum that could support space launches and reentry, and is asking stakeholders to weigh in with their own ideas on how to free up the airwaves.

  • August 26, 2026

    States Renew Bid To Block New Mail-In Ballot Rule

    A coalition of 24 states and the District of Columbia again asked a Massachusetts federal judge on Wednesday to block implementation of the U.S. Postal Service's rule restricting delivery of mail-in ballots, after the U.S. Supreme Court paved the way for an earlier injunction to be lifted.

  • August 26, 2026

    DOJ Adds Philly Detainer Ban To 'ICE Out' Challenge

    The U.S. Department of Justice has expanded federal litigation against the city of Philadelphia over its "ICE Out" legislative package requiring immigration agents to remove their masks, now also targeting a bill prohibiting local law enforcement from holding noncitizens convicted of state crimes for transfer to federal custody for deportation.

  • August 26, 2026

    Trucking Groups Urge Full 5th Circ. To Mull Penske Liability

    Trucking industry groups contend the Fifth Circuit unjustifiably expanded liability for upstream motor carriers when it recently held that trucking services giant Penske Logistics LLC could be held vicariously liable for a fatal 2018 Texas collision caused by a motor carrier that Penske knew nothing about.

  • August 26, 2026

    Feds Urge 6th Circ. To Affirm $100M DTE Clean Air Act Penalty

    Several DTE Energy Co. entities should not be allowed to escape a $100 million civil penalty a Michigan federal judge imposed for Clean Air Act violations at a coke production facility near Detroit, the U.S. Department of Justice has told the Sixth Circuit.

  • August 26, 2026

    Feds Aim To Give Employers Clarity On Wellness Programs

    The U.S. Department of Labor and other federal agencies on Wednesday issued guidance on employer wellness programs that permit fees on workers' health premiums for things like tobacco use, which the agencies said was in response to legal questions raised by numerous recently filed class action federal benefits lawsuits.

  • August 26, 2026

    Ky. FM Stations Didn't Follow Licensing Rules, FCC Says

    The licensee of four Kentucky FM radio stations reached an agreement with the Federal Communications Commission to end a probe into whether it failed to file the stations' license renewals on time and left them off the air without permission.

  • August 26, 2026

    Fla. Firm Must Face Fiduciary Breach Suit Over Property Deal

    A Florida state appeals court on Wednesday reversed an order dismissing a lawsuit brought by a property company alleging that Hoffman Larin & Agnetti PA and one of its attorneys aided and abetted a breach of fiduciary duty while representing a third party claiming an interest in a property owned by the company.

  • August 26, 2026

    Ore. Homeowner Hit With $19K In Fees, Penalties By Tax Court

    An Oregon homeowner must pay $15,000 in attorney fees and $4,000 in penalties after consistently maintaining an unreasonable position in challenges to his property tax assessment, the state tax court ruled Tuesday.

Expert Analysis

  • Community Bank Order Signals Fintech Partnership Scrutiny

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    The Office of the Comptroller of the Currency's recent consent order against Community Federal Savings Bank for deficiencies in its Bank Secrecy Act and anti-money laundering compliance programs offers clear and urgent lessons for community banks pursuing revenue growth through fintech partnerships and payments services, say attorneys at Bradley.

  • House-Passed KIDS Act Spurs Child Data Practices Audit

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    Graham Dean, Brian Roper-Nelson and Will Quick at Brooks Pierce discuss the noteworthy sections of the U.S. House of Representatives' recently passed Kids Internet and Digital Safety Act, the potential revisions as the law moves through the U.S. Senate and the significant business changes that the House law would require.

  • Calif. Recycle Label Order Imperils Product Responsibility Law

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    A California federal court's injunction blocking enforcement of the state's truth-in-recycling law gives companies racing to remove chasing arrows and other recyclability labels from their packaging a reprieve — and the court's action may also hobble implementation of the state's extended producer responsibility law, say attorneys at Davis Wright.

  • FTC Focus: Enforcing Vertically Integrated Operating Systems

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    As digital platforms increasingly pair operating systems with commerce, advertising, content and data, antitrust scrutiny will turn on whether those integrations create private bottlenecks that foreclose rivals through access, ranking, interoperability or defaults, pushing courts and enforcement agencies to adapt traditional utility and merger frameworks more aggressively, say attorneys at Proskauer.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • A Shift In How Policymakers Are Approaching PBM Regulation

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    Recent federal and state legislative and regulatory activity involving pharmacy benefit managers represent a change in focus from transparency to PBM compensation structures, vertical integration and competitive effects, say attorneys at Barclay Damon.

  • Workplace Menopause Laws Demand New HR Playbooks

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    A recent wave of state and local legislation that makes menopause an expressly protected condition in the workplace creates new compliance obligations amid an already ambiguous federal framework, and demands a workplace culture where employees feel safe asking for support, says Elliot Griffin at Ballard Spahr.

  • How State Actions Are Reshaping Surveillance Pricing Risk

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    Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Tips For Issuers Left In Lurch Without Genius Act Final Rules

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    The compliance runway envisioned by the Genius Act is steadily shrinking after regulators failed to finalize all the required implementing regulations by July 18, so stablecoin issuers should begin implementing "no-regrets" compliance measures and securing outside vendors before the law takes full effect in January, says David Zaslowsky at Baker McKenzie.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 3 Ways Tokenization Is Moving To Traditional Finance

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    Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

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