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Public Policy

September 23, 2026
Ute Tribe Says Split-Estate Lands Remain Indian Country

The Ute Indian Tribe has urged the Tenth Circuit to overturn a Utah federal judge's ruling that the surface of split-estate lands within its reservation's original boundaries is not Indian Country, arguing the appellate court settled the issue decades ago.
September 23, 2026
DC Pied-à-Terre Tax Plan Targets Pricey Second Homes

Washington, D.C., would impose additional property tax on homes worth about $2.6 million or more that are not rented out or used as primary residences under legislation before the district council.
September 23, 2026
Senate Confirms Abbott Aide To Texas Federal Bench

The Senate voted 50-47, along party lines, on Wednesday to confirm Angela Colmenero, deputy chief of staff to Texas Gov. Greg Abbott, to serve on the Southern District of Texas.
September 23, 2026
NY Judge Dismisses States' DOGE Treasury Data Access Suit

A New York federal judge Wednesday tossed several states' lawsuit that challenged Department of Government Efficiency staff access to U.S. Department of the Treasury data, saying DOGE's dissolution rendered the states' access claims moot and that they failed to allege that any federal funding due to them was ultimately canceled.
September 23, 2026
Cable Group Opposes FCC Plan For Robocall 'Scorecard'

A major cable industry group blasted a plan by the Federal Communications Commission to let consumers use a "scorecard" to rate their voice service providers' efforts to block robocalls, saying it will divert FCC resources from actual enforcement.
September 23, 2026
Fed. Grants Bind Railways To Fed. Labor Law, NMB Argues

The Eleventh Circuit should affirm a Florida federal judge's finding that a high-speed rail operator is subject to the Railway Labor Act, the National Mediation Board argued, saying the operator can't wriggle its way out of complying because it runs an intercity rather than interstate rail line.
September 23, 2026
Judge Orders Feds To Wait 3 Days Before ICE Transfers

A Massachusetts judge has ordered federal immigration authorities to provide three days' notice to detainees who request bond hearings before they can be moved from the First Circuit, where they have a right to a bond hearing, to another circuit where the law may be different.
September 23, 2026
BofA Customers Drop Suit Over Post-Jan. 6 Data-Sharing

A proposed class action accusing Bank of America NA of illegally sharing customer information with law enforcement after the Jan. 6, 2021, U.S. Capitol attack has quietly come to an end, according to a notice filed late Tuesday in Florida federal court.
September 23, 2026
Ga. Appeals Court Says Atlanta Can't Escape Injury Verdict

The Georgia Court of Appeals on Wednesday said a trial court rightly refused to set aside a $140,000 verdict against the city of Atlanta in a woman's lawsuit over a broken wrist she said she suffered when she tripped over the metal remnants of a traffic sign on the sidewalk.
September 23, 2026
Chinese Graphite Electrodes May See Retroactive Duties

The U.S. Department of Commerce identified a surge of imported Chinese large-diameter graphite electrodes in advance of duties being imposed on those goods and preliminarily determined that critical circumstances exist for the department to retroactively apply countervailing duties, according to a Wednesday notice.
September 23, 2026
GOP Leaders Say NJ Is Withholding Voter List Records

National and New Jersey Republicans have filed a lawsuit seeking the disclosure of the Garden State's voter-list maintenance records, alleging that state and local officials haven't fully complied with their requests.
September 23, 2026
Medicare Brokers Say Feds Won't Identify Alleged False Claims

A group of insurance companies and brokers accused in a False Claims Act case of colluding to steer Medicare recipients to certain Medicare Advantage plans said Tuesday that the federal government has refused to provide specifics of the allegations.
September 23, 2026
Chinese Medicinal Chemical Exporter Faces Triple-Digit Duty

A pharmaceutical compound imported from China has been found to have been subsidized, and at least one exporter of the goods in question could face triple-digit retroactive countervailing duties, according to a notice issued Wednesday by the U.S. Department of Commerce.
September 23, 2026
Judge Dismisses Son's Bid To Recoup Parents' Tax Payments

A Tennessee federal judge dismissed a son's bid for a refund of federal income taxes for his dead parents' estates, finding he failed to establish that his father sufficiently participated in an amusement equipment manufacturing business to claim associated losses.
September 23, 2026
Ore. Airplane Hangar Tax Valuation Upheld By Court

The owner of an Oregon airplane hangar failed to show that a local assessor and tax appeals board overvalued it or that it should be divided into two taxable parcels, the state tax court ruled.
September 23, 2026
DC Judge Rules EPA Wrongly Nixed $7B Solar Program

A D.C. federal judge ruled that the U.S. Environmental Protection Agency lacked authority to terminate a $7 billion Solar for All program and 60 grants awarded to recipients including Harris County, Texas, which challenged the termination.
September 23, 2026
Chinese Laser Parts Subject To Duties, Trade Court Says

Imported components used by a U.S. laser manufacturer don't meet the standards for exclusion from duty orders on aluminum extrusions from China, the U.S. Court of International Trade ruled Wednesday, backing a U.S. Department of Commerce determination.
September 23, 2026
Commerce Lifts China, Bahrain Aluminum Can Stock Duties

The U.S. Department of Commerce has revoked countervailing and antidumping duties imposed on aluminum can stock imported from China and Bahrain, according to final results of a changed circumstances review published in a notice filed Wednesday.
September 23, 2026
Judge Tosses Conn. Cannabis Licensure Suit Over Standing

A Connecticut federal judge Tuesday tossed a suit alleging that the state's program to award social equity marijuana licenses is discriminatory, saying the would-be cannabis grower who brought the action did not show that he had standing to challenge the policy.
September 23, 2026
Senators Seek Probe Of AI Errors In Military Operations

Democratic lawmakers sent a letter to defense officials expressing concerns that the U.S. Department of Defense has prioritized adoption of artificial intelligence for use by armed forces over effective governance that may have resulted in faulty AI-assisted military operations.
September 23, 2026
Ore. Tax Court Won't Nix Appeal Over Complaint Filing Error

An Oregon property tax owner can proceed with their assessment appeal and file a corrected complaint after their original complaint contained the wrong tax account number, the state Tax Court ruled.
September 23, 2026
Verizon Asks FCC To Dismiss Data Speed Complaint

Verizon has asked the Federal Communications Commission to dismiss a customer's complaint that it violated the commission's rules by reducing the speed on his Verizon plan once his 200-gigabyte data limit was reached.
September 23, 2026
Nuisance Arose Too Late For Tax Value Cut, Mass. Board Says

Massachusetts homeowners' argument that a nuisance trailer parked near their property should reduce its tax valuation was rejected by a state board, which found the problem arose after the assessment date at issue.
September 23, 2026
DOJ Pressed On Gender Care Ban In Federal HIV Program

A Massachusetts federal judge on Wednesday skeptically questioned the Trump administration's authority to prohibit doctors from providing gender-affirming care as part of a longstanding, federally funded HIV program.
September 23, 2026
State Pols Urge Justices To Rein In Kalshi's Sports Offerings

A coalition of state lawmakers has urged the U.S. Supreme Court to review a Third Circuit decision allowing Kalshi to keep its sports offerings online in New Jersey, emphasizing that sports betting oversight must be left to the states.

Editor's Picks

Trump's Legal Battles

States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.

Expert Analysis

Tracking Trends In State-Level Regulatory Enforcement

State-level enforcement now increasingly involves antitrust, artificial intelligence and data privacy issues, and the key for organizations to reducing risk is having the ability to respond across governance, public affairs, discovery and remediation in multiple states simultaneously, say consultants at FTI Consulting.
Opinion

The Time Is Right To Simplify Overlapping Broker-Dealer Regs

While the U.S. Securities and Exchange Commission has made an important start to simplifying its rules, legislators should follow and expand on the commission's example by reexamining and removing the unnecessary overlap between SEC, Financial Industry Regulatory Authority and state broker-dealer regulations, says Howard Spindel at Integrated Solutions.
What Cos. Must Know As Fast Energy Permitting Gains Steam

A recently approved geothermal project in Nevada may be the first authorized by the U.S. Bureau of Land Management under a new 14-day expedited environmental review process — but project developers may find that a more thorough environmental analysis will provide better protection against litigation challenges, says Jill Yung at Allen Matkins.
Opinion

Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.
The Preemption Gap In Prediction Market High Court Petitions

The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.
How Data Center Projects Can Navigate Wyo. Siting Process

As opposition to data center development grows nationwide, the way that Wyoming is handling the issue through its industrial siting process offers a counterintuitive lesson: More process, not less, can provide both meaningful scrutiny and a clear path forward for projects, says Jeffrey Pope at Holland & Hart.
Tips From Apex Ruling On Handling Workers' Public Criticism

A National Labor Relations Board judge’s recent finding that Apex Fintech Services illegally reined in an employee’s public criticism on LinkedIn should caution employers that overbroad policies and reflexive responses may not only fail to defend the company’s reputation, but compound risks of federal labor charges, say attorneys at Krevolin Horst.
4 Paths To AI Safety Coordination Amid Antitrust Debate

Frontier artificial intelligence companies have more room for collective safety work than the debate over an antitrust waiver suggests, with several existing avenues providing different degrees of protection and oversight, says Evan Miller at V&E.
How Cannabis Rescheduling Is Reshaping Bankruptcy

As broader cannabis rescheduling awaits a recommended decision, cannabis companies continue to test the boundaries of the Bankruptcy Code, with the recent Cannabist Chapter 15 recognition order suggesting that governmental resistance may be reduced in future filings, say attorneys at Thompson Coburn.
How Calif. Privacy Bill Could Change CIPA Tracking Cases

If California Gov. Gavin Newsom signs S.B. 690, the bill could materially reduce the leverage behind a pen-register-only claim or demand, so California Invasion of Privacy Act website tracking claims should not be evaluated the same way they were six months ago, says Alexandra Samofalova at Spencer Fane.
Risk Considerations As EEOC Moves To Ax Data Reports

While the U.S. Equal Employment Opportunity Commission's recent proposal to rescind requirements for workforce demographic reporting wouldn't bar employers from collecting data, companies would have to be especially careful to gather and use such information in legally defensible ways, say attorneys at Foley & Lardner.
For Faster FDIC Review, Banks Must Front-Load Prep

Banks seeking to benefit from the efficiency promised by the Federal Deposit Insurance Corp.’s new two-phase review of deposit insurance applications must prioritize filing comprehensive submissions or risk the fate of applicants recently rejected by the Comptroller of the Currency, say attorneys at Skadden.
A Look At Loper Bright's Uneven Effect On Immigration Law

Recently decided cases in the Second and Fourth Circuits show the disparate effects independent judicial review has had on long-standing immigration precedents since the U.S. Supreme Court's 2024 ruling that ended Chevron deference, says Danny Alicea at the Legal Aid Society.
Opinion

New CMS Medical Device Pathway May Have Limited Effect

The Centers for Medicare & Medicaid Services' new pathway for giving Medicare beneficiaries earlier access to certain medical devices bears similarities to previous programs that did not advance coverage significantly, and thus may only benefit certain manufacturers, say attorneys at King & Spalding.
A Texas Ruling May Offer Guidance On Freight Broker Liability

The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.