Public Policy

  • May 06, 2026

    Judge Won't Force Hunter Biden's Foreign Agent Registration

    A Washington, D.C., federal judge won't force the U.S. Department of Justice to register Hunter Biden as a foreign agent, dismissing a suit brought by a group founded by now-Deputy White House Chief of Staff Stephen Miller because it can't establish it suffered an injury.

  • May 06, 2026

    Federalism Probed In Suit Over Judge's MAGA Op-Ed Ouster

    An Illinois federal judge said Wednesday he may have to abstain from exercising jurisdiction over a retired Illinois state court judge's claims that was wrongfully removed from the bench over protected speech in a political opinion column, saying the prospect of a federal court in the first instance instructing the state's top jurists about who can be a judge "seems to break the respect that federalism demands for state government."

  • May 06, 2026

    Pa. 'Cruel Punishments' Ruling Sets Up Sentence Challenges

    The Pennsylvania Supreme Court's recent ruling that struck down mandatory life sentences for second-degree murder marked the justices' clearest message yet that the state's constitution and history bar "cruel" punishments, which legal experts tell Law360 could tee up challenges to "three-strikes" laws or the death penalty.

  • May 06, 2026

    Insurers Ask To Ignore Simplified Foreign Currency Rules

    The insurance industry should be allowed to ignore regulations from 2024 covering how corporations determine taxable income with respect to affiliates that conduct business in a foreign currency, the American Council of Life Insurers told the U.S. Treasury in a letter released Wednesday.

  • May 06, 2026

    Judge Tells FEMA Officials To Preserve Signal Chats

    A California federal judge has ordered Federal Emergency Management Agency and U.S. Department of Homeland Security officials to preserve Signal messages tied to FEMA operations in a lawsuit challenging the Trump administration's restructuring efforts, citing concerns that officials used disappearing-message settings while discussing matters relevant to the case.

  • May 06, 2026

    Polish Antitrust Arm Probing OLX's RE Listings Platform

    Poland's antitrust authority is investigating OLX Capital Group's Otodom real estate listings platform after being notified about "significant" price hikes, the authority announced on Wednesday.

  • May 06, 2026

    Mass. Justices Debate Rent Control Religious Carve-Out

    Massachusetts' highest court appeared divided Wednesday as it considered whether a proposed ballot question to reenact rent control in the state should be struck down because it contains a carve-out that includes religious properties.

  • May 06, 2026

    Miller & Chevalier Hires DOJ Nat'l Security Atty In DC

    Miller & Chevalier Chtd. has hired an attorney who spent the past nine years working in the federal government, most recently with the U.S. Department of Justice's National Security Division in a section focused on export controls and counterintelligence issues.

  • May 06, 2026

    Democrats Urge EEOC Chair Not To Roll Back IVF Protections

    Over a dozen Democratic senators urged the U.S. Equal Employment Opportunity Commission to preserve safeguards for workers undergoing fertility treatments, asserting in a letter that Chair Andrea Lucas' plans to rewrite Pregnant Workers Fairness Act regulations could lead employers to unlawfully deny employees' accommodation requests.

  • May 06, 2026

    Okla. House OKs Valuation Method Change For Some Rentals

    Oklahoma would allow certain rental housing to be valued using a cost approach instead of an income approach under a bill passed in the state House of Representatives.

  • May 06, 2026

    SEC Makes First Move To Nix Biden-Era Climate Reg

    The U.S. Securities and Exchange Commission is preparing to rescind a Biden-era requirement that publicly traded companies disclose their greenhouse gas emissions, with staff informing the Office of Management and Budget this week of the planned rescission.

  • May 06, 2026

    Pot Patients Defend Claims In Dispensary Data Privacy Suit

    A group of medical cannabis patients are pushing back on a bid from a technology company to dismiss their claims that it shares their medical information with outside vendors, saying they have sufficiently pled their allegations that they did not consent to such sharing and they were injured by the disclosure.

  • May 06, 2026

    Mass. Justices Push For An End To AG-Auditor Deadlock

    Massachusetts' top court on Wednesday seemed to agree that an ongoing dispute between the state attorney general and auditor over a voter-backed audit of the legislature needs to come to an end, even as justices dinged both sides for the stalemate.

  • May 06, 2026

    NJ Prosecutor Gets OK To Trim Suit Over Alleged Interference

    Atlantic County Prosecutor William E. Reynolds can narrow his suit seeking independent outside counsel to represent his office due to the alleged attempts made by county counsel to interfere with prosecutions, a New Jersey state judge ruled.

  • May 06, 2026

    Extend Immediate Expensing For Plastic Recycling, IRS Told

    Advanced plastic recycling should be eligible for a new tax perk allowing full expensing of a qualified production property's costs, a chemical trade association said in a letter, released Wednesday, recommending the industry-specific change for the IRS' upcoming proposed regulations.

  • May 05, 2026

    7th Circ. Panel Split On Due Process For Ill. ICE Detainees

    A split Seventh Circuit panel on Tuesday rejected the Trump administration's argument that immigrants unlawfully in the United States have no due process rights, though every member of the panel had a different take on the issue.

  • May 05, 2026

    DC Circ. Judge Jabs Pharma Atty For 10 Minutes In Price Fight

    The first D.C. Circuit showdown in widespread drug pricing litigation Tuesday appeared unlikely to deliver a badly needed win to the pharmaceutical industry, as a top manufacturer's attorney faced a cool reception generally and an extended barrage of skepticism from one judge.

  • May 05, 2026

    Musk Sought Control Of OpenAI To Fund Mars City, Jury Told

    OpenAI President Greg Brockman defended OpenAI's for-profit conversion during a California federal jury trial Tuesday and accused Elon Musk of demanding "unilateral absolute control" over OpenAI to fund his plans for a city on Mars, while acknowledging under examination that Musk proposed his stake would "change quickly" with additional investors.

  • May 05, 2026

    DOJ Atty Faces Possible Discipline Over DHS 'Lack Of Candor'

    A Rhode Island federal judge, whom the U.S. Department of Homeland Security criticized for releasing a noncitizen with an alleged overseas warrant for homicide, on Tuesday said she is referring an assistant U.S. attorney for disciplinary proceedings for not disclosing the warrant to her beforehand.

  • May 05, 2026

    Exelon Shareholders Fight Objectors' Fee Bid On Bribery Deal

    Exelon shareholders seeking an Illinois federal judge's approval on a derivative settlement addressing subsidiary Commonwealth Edison's legislative bribery scheme argued Tuesday that shareholders who've opposed the deal should not receive attorney fees because their three-year fight against approval has not substantially benefited the litigation.

  • May 05, 2026

    Meta Should Have Warning Label, NM Witness Says

    New Mexico unveiled further details of safeguards it says a court should impose on Meta in a $3.7 billion bench trial, calling an expert witness Tuesday who said displaying a warning pop-up to minors is an idea that's backed by the former surgeon general and desperately needed.

  • May 05, 2026

    Feds Urge DC Circ. To Undo Iraqi, Afghan Visa Class Cert.

    The Trump administration has asked the D.C. Circuit to undo class certification for thousands of Afghan and Iraqi citizens seeking special immigrant visas after aiding U.S. forces overseas, as well as a revised plan to tackle a backlog of their delayed applications.

  • May 05, 2026

    Worker Fights 2nd Circ.'s Toss Of Teamsters Fund ERISA Suit

    The U.S. Supreme Court should revive claims that the New York State Teamsters Conference Pension and Retirement Fund was mismanaged, a Teamsters-represented worker argued, asking the justices to breathe new life into his twice-dismissed Employee Retirement Income Security Act lawsuit.

  • May 05, 2026

    Judge Blocks Arizona From Policing Prediction Markets

    A Phoenix federal judge on Tuesday barred Arizona officials from enforcing state gambling laws against federally regulated prediction market platforms in an order finding that the federal government is likely to succeed on claims that the event contracts at issue are swaps beyond the reach of state regulators.

  • May 05, 2026

    Wash. Panel Revives GLP-1 Health Plan Coverage Fight

    A Washington state appeals court revived a proposed class action by state employees alleging their benefit plan discriminatorily barred health coverage for GLP-1 medications treating obesity, finding a lower court should have allowed the case to proceed to discovery.

Expert Analysis

  • How Oregon Ruling Affects Federal Gender Care Crackdown

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    In a favorable development for healthcare providers, an Oregon federal court recently vacated certain U.S. Department of Health and Human Services restrictions on gender-affirming care for minors, but the government's broader campaign against this care, including proposed rulemaking and agency investigations, leaves significant uncertainty, say attorneys at Arnold & Porter.

  • AI Data Center Boom May Spur Wave Of Toxic Tort Suits

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    Nascent litigation matters against data center operators, set against limited government regulation and a growing body of public health research, suggests we may be on the cusp of an era of mass toxic tort claims, with a liability framework firmly rooted in precedent from other industries, says Benjamin Heller at RFZ Law.

  • A Core Weakness In The Challenge To Birthright Citizenship

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    The government’s recent oral arguments against birthright citizenship in Trump v. Barbara would have the Supreme Court use modern immigration classifications as markers for a constitutional boundary that is not expressed in the Fourteenth Amendment, making the theory easier to administer but weaker as a matter of text and history, says attorney Tara Kennedy.

  • Bet On Prediction Market Regulation To Accelerate

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    Watershed developments concerning prediction markets — such as the first insider trading charges, major speeches from U.S. Commodity Futures Trading Commission leadership, and the introduction of rulemaking and legislation — dominated the first quarter of 2026, a trend that will likely continue throughout the rest of the year, say attorneys at K&L Gates.

  • Opinion

    Financial Meltdown Fears Don't Warrant Private Credit Regs

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    Recent withdrawals from business development companies have resurfaced theories that private credit growth poses a crisis-level risk to the financial system, but arguments that more regulation is needed should be viewed with beady and careful eyes, says James Deeken at Akin.

  • New Risks Emerge As States Push Proxy Voting Legislation

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    Recent state proxy voting laws have increasingly emphasized financial returns while intensifying scrutiny of proxy advisory firms and stewardship practices, creating new compliance challenges and risks, according to attorneys at Morgan Lewis.

  • Suit's Dismissal Would Not Settle Gold Card Visa's Legality

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    The government’s recent assertion that the plaintiffs in American Association of University Professors v. Department of Homeland Security lack standing to challenge the Trump administration’s pay-to-play immigration program does not address whether an agency can deem a million-dollar gift evidence of eligibility for immigration benefits carefully defined by Congress, says Jun Li at Reid & Wise.

  • Enviro Ruling And A New Law Signal Shift In La. Legacy Cases

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    Together, a Louisiana state court decision in WMH Farms v. Apache Corp. and an incoming statutory regime signal a sea change for legacy litigation in Louisiana, as courts make it harder to establish proof of contamination, and lawmakers narrow available remedies once contamination is proven, says Philip Wood at Jones Walker.

  • DOJ's Stance On Antitrust And Patent Law Reflects Balance

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    Recent statements of interest in patent litigation and a speech from a key U.S. Department of Justice official communicate the view that strong patent rights and competition policy are complementary, and offer important guidance for intellectual property practitioners and businesses navigating patent enforcement, standard‑setting and licensing, say attorneys at Wiley.

  • Ruling Shows How Texas Law Altered Derivative Suit Outlook

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    In the first test of S.B. 29's new ownership threshold requirement for shareholder actions, a Texas federal court recently dismissed Gusinsky v. Reynolds, a derivative action brought by a minority Southwest Airlines shareholder, offering key guidance for navigating the new Texas corporate litigation landscape, say attorneys at DLA Piper.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • NY Opioid Antagonist Mandate Leaves Employers Guessing

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    A recently enacted New York law will require employers that are federally mandated to maintain first-aid supplies to now include an opioid antagonist, but being that it is subject to a complicated Occupational Safety and Health Administration analysis, employers face several unanswered compliance questions, say attorneys at Conn Maciel.

  • Opinion

    Congress Must Repair USPTO's Inter Partes Review Process

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    To challenge recent changes to the inter partes review process issued by the U.S. Patent and Trademark Office, Congress must establish clear statutory guardrails, transparency and meaningful judicial review so that questionable patents receive proper scrutiny, say Sean Tu at the University of Alabama, Arti Rai at Duke University and Aaron Kesselheim at Harvard.

  • Calif. Case Raises Questions For Medical Practice Investors

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    The California attorney general's amicus brief in Art Center v. WCE and the California Medical Association's response highlight how the California appeals court's ruling could significantly affect the structure and enforceability of succession arrangements in medical practice ownership, say attorneys at Ropes & Gray.

  • Previewing FDA Preapproval Access In Psychedelics EO

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    The second of two pathways for psychedelic drug access outlined in President Donald Trump's recent executive order constitutes an unprecedented expansion of the Right to Try Act, which could fundamentally alter the psychedelic access landscape while presenting significant regulatory, operational and legal challenges, say attorneys at Husch Blackwell.

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