Public Policy

  • October 20, 2026

    Polymarket Calls Ohio's Gaming Enforcement Unconstitutional

    Polymarket has sued Ohio officials in federal court to stave off an enforcement action under the state's gambling laws, arguing its sports event contracts are under the exclusive jurisdiction of the U.S. Commodity Futures Trading Commission and that the state's gaming regulations unlawfully discriminate against interstate commerce.

  • October 20, 2026

    Judge Rejects DOJ Bid To End NAACP Suit Over XAI Pollution

    The Trump administration can intervene in a NAACP citizen suit alleging X.AI Corp. unlawfully installed dozens of polluting gas turbines to power a data center, but cannot unilaterally dismiss the suit as it claimed, a Mississippi federal judge has ruled.

  • October 20, 2026

    REIT Says Narcan Dispenser Spiked Crime Near Apartments

    A real estate investment trust sued a Boston suburb Tuesday, blaming drug activity near its 146-unit apartment building on a public health initiative to provide a vending machine nearby for the overdose treatment Narcan. 

  • October 20, 2026

    Conn. High Court Snapshot: Justices May Refine Anti-SLAPP

    The Connecticut Supreme Court will hear cases in its new term that could change the procedure for winning a strategic lawsuit against public participation and clarify what it means to be "in custody" for the purposes of habeas jurisdiction.

  • October 20, 2026

    FCC Making 'Zero' Plans To Ease Political Robocall Rules

    The Federal Communications Commission said Tuesday it does not intend to float changes to its anti-robocall rules to allow AI-generated political calls to consumers ahead of the midterm elections after a conservative group made the proposal in August.

  • October 20, 2026

    Samoan Groups Challenge Planned Deep-Sea Mining Leases

    A Samoan council of chiefs and leaders from American Samoa's Manu'a Islands and two community groups are asking a Hawaiian federal court to block a plan to sell leases that will allow deep-sea mining of more than 31 million acres of seabed off the coast of American Samoa.

  • October 20, 2026

    Google Makes Last Push Against DOJ's Search Win At DC Circ.

    Google took one final swing Monday at upending a D.C. federal judge's rulings faulting it for monopolizing online search and forcing it to prop up search engine rivals with data and syndicated results, telling the D.C. Circuit that the U.S. Department of Justice's case targets earned market dominance.

  • October 20, 2026

    Sinclair Says 5G Broadcast Bid Rests On 'Speculation'

    TV station chain Sinclair Inc. has opposed a petition before the Federal Communications Commission that would allow low-power TV stations to use the emerging 5G Broadcast standard, saying petitioners haven't provided evidence that would help the agency evaluate the technology's risk of potential interference. 

  • October 20, 2026

    Fla. Judge Recuses Self In GOP's Suit Over Dems' Attack Ad

    A Florida state judge on Tuesday recused herself in a lawsuit brought by the Republican Party of Florida, which is trying to stop its Democratic counterpart and others from running a television political attack ad telling viewers that grand jurors determined state officials had misappropriated $10 million.

  • October 20, 2026

    New Rule On Invoking Defendant's Past Convictions Hits Snag

    A yearslong effort to make it harder for prosecutors to invoke a criminal defendant's past convictions appeared to be gaining traction — until the senior executive arm of the Judicial Conference recently intervened and the U.S. Department of Justice abruptly withdrew its support for the proposal.

  • October 20, 2026

    EU Lawmakers Seek Stronger Coordination Against VAT Fraud

    The European Parliament wants the European Union to step up coordination against value-added tax carousel fraud, including with binding information-sharing protocols, automatic interagency referrals and making more fraud cases count as EU criminal matters, according to a nonbinding resolution adopted Tuesday.

  • October 20, 2026

    LA Tells 9th Circ. DOJ Pot Shift Can't Revive License Appeal

    The city of Los Angeles is urging the Ninth Circuit to throw out a challenge to its social equity cannabis licensure program, saying the Constitution's dormant commerce clause doesn't apply to marijuana regardless of recent changes to federal cannabis policy.

  • October 20, 2026

    Split DC Circ. Revives Faith Groups' Challenge To ICE Raids

    A split D.C. Circuit panel ruled Tuesday that a collection of faith groups likely have standing to challenge the Trump administration's rescission of a decades-old policy shielding houses of worship from immigration raids, holding that the congregations face a "credible threat" of enforcement, enough to be heard in court.

  • October 20, 2026

    Ore. Dept.'s Discovery Request Denied By Tax Court

    The Oregon Department of Revenue has not adequately explained the relevance of its discovery request for a couple's financial records in a dispute over expenses reported on their income tax return, the state tax court said.

  • October 20, 2026

    Calif. Eyes Updating Pregnancy Leave, Workplace Protections

    Pregnant workers in California could gain expanded protections for taking leave and receiving workplace accommodations, including remote work, under proposed regulations announced by the state's Civil Rights Council.

  • October 20, 2026

    Rural Telecom Providers Worried Over IP Transition Costs

    Carriers serving rural areas told the Federal Communications Commission they support the changeover to all-internet phone systems but cannot disproportionately bear the cost burden while larger carriers reap the benefits.

  • October 20, 2026

    Albertsons Says It Offered $800M To Save Kroger Deal

    Albertsons Cos. Inc.'s general counsel testified Tuesday that The Kroger Co. passed on proposed store divestitures that could have helped save their $24.6 billion merger, while Kroger's lawyers pointed to information shared with Albertsons and challenged its complaints about the process.

  • October 20, 2026

    Mass. High Court Backs Ban On Under-21s Carrying Guns

    Massachusetts' highest court on Tuesday upheld a law prohibiting anyone under 21 from possessing guns, finding the restrictions are consistent with historical regulations on youth and firearms.

  • October 20, 2026

    Retired Judges Say DOJ's Ethics Complaint Is Meritless

    A coalition of 61 retired federal judges has admonished the U.S. Department of Justice for filing a complaint against federal judges in Minnesota for speaking to a newspaper about the Trump administration's immigration crackdown in their state.

  • October 20, 2026

    NY Plans To Let Schools Set Native Mascot Apparel Rules

    The New York State Board of Regents has put forth a recommendation to drop part of the state's ban on the use of Native American imagery in public schools, after a Second Circuit order vacated and remanded the dismissal of a Long Island school board member's First Amendment challenge.

  • October 20, 2026

    Ore. Court Says No Excuse For Taxpayer To Miss Deadline

    An Oregon property owner failed to challenge an assessment at a local board before seeking judicial relief, the state tax court said, rejecting his arguments that he was busy with the property's rehabilitation and working with the local assessor for a resolution.

  • October 20, 2026

    Ohio Justices Say Moratorium Ends Data Center Site Plan

    The Ohio Supreme Court on Tuesday unanimously rejected a data center developer's call to force Lordstown, Ohio, to consider a plan for a project submitted days before the village council enacted a ban on the construction of any new data centers.

  • October 20, 2026

    FCC Urged To Maintain Radio Station Ownership Caps

    Two organizations representing musical artists have asked the Federal Communications Commission to keep media ownership limits on radio station groups in place.

  • October 19, 2026

    Colorado Official Says Rule Can't Sink Graduated Tax Measure

    A battle over a Colorado ballot initiative to raise taxes on the state's wealthiest residents underwent a 10-hour evidentiary hearing Monday, featuring testimony from a state official who told the court that rules around ballot initiatives don't allow for signatures to be invalidated.

  • October 19, 2026

    Trump Fights Jack Smith Subpoena In $10B BBC Suit

    President Donald Trump on Monday slammed the British Broadcasting Corp.'s subpoena to Jack Smith, who brought election interference and classified document-hoarding charges against the president, saying the former special counsel's testimony is "entirely irrelevant" to the $10 billion defamation lawsuit over the broadcaster's documentary on the 2021 U.S. Capital attack.

Expert Analysis

  • AGs' Paramount Settlement Reflects States' Growing Influence

    Author Photo

    The recent California federal court approval of the California v. Paramount Skydance settlement illustrates how state attorneys general are gaining new independence and influence, and companies must account for state enforcement when assessing merger risks ahead of a deal's closing, say attorneys at Norton Rose.

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

    Author Photo

    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

  • 6th Circ. Spotlights Cannabis Contract Enforceability Risks

    Author Photo

    The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

    Author Photo

    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

  • Tracking The 2027 Va. Bills That May Tighten Data Center Regs

    Author Photo

    Data center developers and operators should monitor Virginia legislation responding to the state's new data center accountability framework, local moratoria and the end of an electricity consumption tax, which could change review thresholds, impose new energy rules and slow the approval process, say attorneys at Holland & Knight.

  • How Bipartisan Permitting Reform May Boost Green Energy

    Author Photo

    After years of false starts, Congress may finally be nearing a meaningful overhaul of the federal permitting process — and the proposed legislation could provide renewable energy developers with faster project reviews, more durable permits and greater protections from litigation, says Jon Micah Goeller at Husch Blackwell.

  • OCC Plan May Bring Data Sharing Flexibility, Diligence Issues

    Author Photo

    The Office of the Comptroller of the Currency's recent proposal to overhaul its supervisory information sharing regime for the first time in decades would provide important flexibility to banks, but it could create new issues around confidentiality agreements, disclosure controls and diligence processes, say attorneys at Simpson Thacher.

  • Where DOJ's Fraud Directive May Actually Affect Enforcement

    Author Photo

    The U.S. Department of Justice’s recent directive outlining corporate fraud enforcement priorities is mostly a management document instead of a policy, but one part may actually undermine the directive's goals by leading to worse outcomes for organizational defendants and less corporate self-disclosure, says Zachary Warren at Williams & Connolly.

  • Rebuttal

    North Carolina's Funding Ban Is An Outlier, Not A Model

    Author Photo

    A recent Law360 guest article argues that North Carolina's litigation funding ban should be adopted by other states, but that analysis overstates what North Carolina did and misjudges how the law will travel, says Dai Wai Chin Feman at the International Legal Finance Association.

  • Challenges On The Horizon For Illinois Data Center Projects

    Author Photo

    Illinois has more data centers in operation or under construction than all but five other states — but such projects face growing litigation threats and a range of state and local legislative proposals that could hinder further development of these facilities in the Land of Lincoln, say attorneys at Paul Hastings.

  • Planning For D&O Exclusions As Risks Mount For Banks

    Author Photo

    Banks should scrutinize directors and officers exclusions for artificial intelligence, disclosure and cybersecurity risks during policy renewal negotiations to preserve coverage amid the current uptick in insurer scrutiny and related shareholder litigation, say attorneys at Jones Walker.

  • Why The SEC Proposed Rescinding Its 'Pay-To-Play' Rule

    Author Photo

    The U.S. Securities and Exchange Commission's recent proposal to nix its pay-to-play rule governing political contributions by investment advisers follows years of industry advocacy and commissioner criticism that it suppresses political speech and affects hiring, say attorneys at Simpson Thacher.

  • Transfer Pricing Analyses May Apply To Tariff Refunds Claims

    Author Photo

    Both plaintiffs and defendants in consumer class actions over tariff refunds should examine transfer pricing analyses, which can offer contemporaneous evidence as to how much of a tariff was borne in the U.S. by the importer or consumers rather than absorbed earlier in the supply chain, say economists at The Brattle Group.

  • CFIUS Annual Report Reveals Enforcement Trends

    Author Photo

    The Committee on Foreign Investment in the United States' recently published annual report to Congress shows that it is increasingly focused on nonnotified transactions, mandatory filing compliance, critical technologies and postclosing mitigation enforcement across the full life cycle transactions, say attorneys at Bass Berry.

  • Importer Risk Rises As AI Enters Trade Fraud Enforcement

    Author Photo

    The Trump administration's new data-driven and artificial intelligence-enabled push against tariff evasion raises the stakes for companies with global supply chains, making it crucial that they consider strengthening response protocols, documentation and internal reporting mechanisms, say attorneys at Cooley.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here