Public Policy

  • November 05, 2026

    Ga. Utility Board Likely To Tighten Rules For Data Centers

    The new Democratic majority at the Georgia Public Service Commission could mean tougher rules for big power users like data centers, experts told Law360, but legal limitations and the slow-moving nature of energy planning may blunt the near-term effect of the commission's shake-up.

  • November 05, 2026

    CFTC Directs Prediction Markets To Stop Geo-Blocking Users

    The U.S. Commodity Futures Trading Commission on Thursday directed prediction market platforms and other registrants to ensure nationwide access to their offerings, which could set up a challenging scenario for platforms under court orders to block some contracts in certain states as part of ongoing prediction market litigation.

  • November 05, 2026

    DOJ Says Bannon Trial Was Unfair In Push To Toss Conviction

    Federal prosecutors Thursday renewed their bid to vacate Steve Bannon's contempt-of-Congress conviction and dismiss the indictment with prejudice, telling a Washington, D.C., federal judge they have significant doubts about the fairness of his trial because circuit precedent barred him from arguing he had not "willfully" defied a congressional subpoena.

  • November 05, 2026

    In Moderna Row, Fed. Circ. Mulls What's 'For The Government'

    The Federal Circuit on Thursday took a critical look at a lower court's decision concluding that Moderna had to face Arbutus' infringement claims over its COVID-19 vaccines, with one judge repeatedly asking why Moderna's vaccine efforts weren't "for the government" within the meaning of a statutory shield for contractors.

  • November 05, 2026

    Chicago DOJ Doc Deadline Moves, Probe Testimony May Too

    An Illinois federal judge who is looking to explore the extent to which Chicago prosecutors misrepresented their work surrounding a push to indict six "Operation Midway Blitz" protesters extended the government's document production deadline again Thursday, as a prosecutor expected to testify asked the judge to consider postponing that upcoming hearing.

  • November 05, 2026

    Judge Pauses Ban On New ACA Insurance Brokers

    A Maryland federal judge on Thursday paused a U.S. Department of Health and Human Services rule barring new insurance agents and brokers from signing up to sell plans on the Affordable Care Act marketplace for 2027, holding that HHS likely had to solicit public comment before issuing the rule.

  • November 05, 2026

    DOD Book Ban Injunction Will Follow Transferring Students

    A Virginia federal judge on Thursday expanded an order that halted the removal and ban of school library books and lessons so that it follows each plaintiff-student to any U.S. Department of Defense school they attend.

  • November 05, 2026

    Trump's Hush Money Conviction Examined By Wary NY Panel

    A New York State appellate court Thursday quizzed attorneys for President Donald Trump and state prosecutors over his hush-money conviction, exploring defense counsel's claims that the district attorney trespassed into federal jurisdiction by charging election violations and trampled on presidential immunity in a case "infected with multiple fatal errors."

  • November 05, 2026

    DOJ Can't Tie State Grants To Immigration Enforcement

    A Rhode Island federal judge has granted a coalition of states' bid to permanently bar the Trump administration from conditioning federal public safety grants on the states' cooperation with the administration's immigration enforcement priorities, vacating the funding conditions as unlawful.

  • November 05, 2026

    Examiner Attrition Threatens USPTO Backlog Push, GAO Says

    Patent examiner attrition caused by new production goals has put the U.S. Patent and Trademark Office's efforts at reducing the backlog of patent applications at risk, according to a new report issued Thursday by the Government Accountability Office.

  • November 05, 2026

    HHS Seeks To End Suit Over Aid Recipient Data Sharing

    The Department of Health and Human Services is asking a New York federal judge to either rule in its favor or otherwise throw out a suit focused on whether HHS is allowed to share personal information with the Department of Homeland Security and other agencies.

  • November 05, 2026

    Tax Court Denies Partnerships' $46.1M Charitable Deductions

    Two Georgia partnerships that formed to buy adjacent tracts of rural, mountainous land in Tennessee improperly claimed charitable contribution deductions of about $26.7 million and $19.4 million, the U.S. Tax Court ruled Thursday, saying the companies failed to obtain a qualified appraisal.

  • November 05, 2026

    Top Groups Lobbying The FCC

    Lobbying activity at the Federal Communications Commission stayed about even in October versus the month before as groups looked to influence FCC policies on issues like prison cellphone jamming, the upcoming auction of C-band airwaves, satellite coverage for smartphones and more.

  • November 05, 2026

    Stripes Subscribers Press Court To Undo Pentagon Rules

    Subscribers to the military news outlet Stars and Stripes asked a D.C. federal judge to strike down a series of policy and governance changes from the U.S. Department of Defense that curtail the publication's independence.

  • November 05, 2026

    Immigration Attys Push To Restore Detainees To ICE Database

    Legal aid groups on Wednesday urged a Massachusetts federal judge to order the Trump administration to restore access to information about the whereabouts of thousands of detained people whose records suddenly disappeared from an online database.

  • November 05, 2026

    Mich. Court Revives Drowning Claims Over Park Revenue

    A Michigan state appeals court panel on Wednesday revived two claims in a lawsuit against the City of Muskegon connected with the 2022 drowning death of a 19-year-old college athlete at a city park, finding that further proceedings are needed to determine if the city is shielded by government immunity.

  • November 05, 2026

    Mass. Voters Widen Records Law, Teeing Up New Legal Fights

    After voting to allow an audit of the Legislature in 2024, the Massachusetts electorate overwhelmingly passed a ballot initiative Tuesday expanding public records law to include the governor and Legislature, but experts told Law360 that another round of litigation looms.

  • November 05, 2026

    IRS Wrongly Rejected $28.8M Easement Claim, Tax Court Told

    The IRS wrongly asserted a roughly $10.6 million income tax underpayment and $4.3 million in penalties against an Alabama partnership, the company told the U.S. Tax Court, disputing the agency's determination that it failed to show it's entitled to a $28.8 million charitable contribution claimed for a conservation easement donation.

  • November 05, 2026

    DOJ Targets Penn State In Immigrant Tuition Suit Blitz

    The Department of Justice on Thursday filed a lawsuit against Penn State University alleging that the college unconstitutionally extends in-state tuition rates to undocumented individuals while denying the same benefit to American citizens.

  • November 05, 2026

    DOJ Says Willow Bridge's RealPage Deal Needs No Tweaks

    The U.S. Department of Justice responded to commenters pushing for changes to the rent price-fixing settlement it reached with Willow Bridge Property Co. LLC, arguing there's no need to add a distinction in the deal between rent renewals and first-time leases.

  • November 05, 2026

    New Tech, Diluted Noncompetes Drive Up Trade Secret Cases

    Artificial intelligence tools are making it easier for employees to take off with valuable trade secrets when they switch employers, while noncompete agreements are becoming more difficult to enforce, a combination that is spurring an increase in trade secret cases, experts told Law360.

  • November 05, 2026

    Wash. To Pay $73K In Fees Under Pretrial-Exam-Delay Deal

    Washington state must pay plaintiffs' counsel roughly $73,000 in attorney fees and costs in a long-running case over its treatment of pretrial detainees in criminal proceedings, a Washington federal judge has ruled.

  • November 05, 2026

    Tower Asks For Waiver, Clarification Related To EchoStar Fund

    A commercial tower landlord has asked the Federal Communications Commission for clarification or a waiver of agency rules governing a trust that EchoStar must use to repay companies related to its bankruptcy case.

  • November 05, 2026

    Mo. Judge Tosses Hemp Co. Challenge To New State Law

    A Missouri federal judge has tossed a lawsuit brought by hemp companies challenging the state's new law regarding intoxicating hemp products, finding that the policy is neither unconstitutional nor preempted by federal law governing hemp.

  • November 05, 2026

    Bike Group Backs Injunction Blocking DC Golf Course Plan

    A bicyclist advocacy group urged a D.C. federal judge to keep the Trump administration from cutting down more trees or taking other steps to develop a championship-style golf course at East Potomac Park while litigation over the allegedly unlawful project proceeds.

Expert Analysis

  • Compete Act Reinforces Calif.'s Antitrust Leadership Role

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    California's recent passage of the Compete Act, which expands the state's principal antitrust statute's focus on concerted multifirm conduct to business dealings between two or more firms, underscores California's leadership in state antitrust enforcement as attorneys general move to fill perceived gaps left by reduced federal oversight, say attorneys at Skadden.

  • NHTSA Vehicle Recorder Rule Highlights Crash Data Protocols

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    An amended rule from the National Highway Traffic Safety Administration will soon require vehicle event data recorders to capture more information about crashes — but to turn that data into evidence, attorneys, claims professionals and fleet managers must properly obtain and preserve it after an incident occurs, says Andrew Haling at Pathway Law.

  • What Expanded CMS Authority Means For Health Compliance

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    A recent delegation gives the Centers for Medicare & Medicaid Services independent authority to impose permissive exclusions, creating a more active federal enforcement system with heightened risks for healthcare organizations, says Jose Vela at Clark Hill.

  • Online Presence Complicates Defamation's Public Figure Test

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    Recent defamation cases demonstrate that online presence can affect how courts distinguish between public and private figures, so litigants should consider several questions when evaluating potential claims and defenses where public figure status may affect the litigation, such as whether there is a connection between the plaintiff's public activities and the alleged defamation, say attorneys at Brown Rudnick.

  • Navigating Criminal Liability Under Calif. Worker Safety Law

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    A new California law mandates agency investigation across several types of workplace safety incidents, eliminates prior discretion and imposes unprecedented parallel criminal investigations, but employers can take steps to manage the heightened enforcement risk, say Stacey Geis at Crowell & Moring and Karen Tynan at Ogletree.

  • Midterm Elections Outlook For Financial Services

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    A change in congressional control after the upcoming midterm elections could bring about slower regulatory approvals, intensified oversight and shifting enforcement priorities for the financial services industry, say attorneys at Covington.

  • New Manhattan DA Task Force Puts Antitrust In Its Crosshairs

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    The Manhattan District Attorney's Office's new corporate crime and antitrust task force is adding local criminal enforcement to a field long led by federal authorities, meaning companies need to account for potential parallel federal and state antitrust investigations when responding to misconduct, say attorneys at Ropes & Gray.

  • Tort Liability When AI Goes Rogue: Product Liability

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    The recent Hugging Face cyberattack led by artificial intelligence agents, as well as reports from AI companies themselves, suggest that sometimes there may be no reasonable way to predict or prevent harm by rogue agentic AI — but product liability law could provide a remedy in some cases, says Donald Hawthorne at Carter Ledyard.

  • Where Species And Wetlands Reg Rollbacks Leave Cos.

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    The current administration's rollbacks of regulations covering waters of the U.S. and endangered species may ease permitting burdens and shorten approval timelines, but those potential benefits are tempered by state-level protections, likely legal challenges and possible reversals by a future administration, say attorneys at White & Case.

  • 3 Strategies To Reduce AI Sycophancy In Legal Work

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    The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.

  • Opinion

    Justices' Climate Ruling Should Preserve State Tort Claims

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    As recent oral arguments in Suncor Energy v. Boulder County demonstrated, the case hinges on long-standing principles of federalism that allow state and local governments to protect their resources and citizens — and if the justices rule based on precedent, Suncor should lose, says William Buzbee at Georgetown University Law Center.

  • Accenture's FCA Deal Shows DEI Risks For Gov't Contractors

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    The U.S. Department of Justice recently settled allegations that Accenture falsely certified compliance with antidiscrimination requirements in its federal contracts, underscoring how diversity goals can become a False Claims Act issue when the company requests payment from the government, say attorneys at Bass Berry.

  • DOJ Directive Gives Contractors A Fraud Risk Road Map

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    For government contractors, the 10 factors described in the U.S. Department of Justice's recent corporate fraud enforcement directive function as a de facto scoring rubric for internal audits that mirrors what prosecutors will prioritize, say attorneys at Spencer Fane.

  • Key Risk Assessment Gaps To Note From NY Cyber Guidance

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    Covered entities should take a fresh look at the compliance gaps flagged in recent New York State Department of Financial Services guidance on "deficient cybersecurity programs," particularly around scope, asset inventories and documentation, say attorneys at Mayer Brown.

  • Tort Liability When AI Goes Rogue: Strict Liability

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    If artificial intelligence agents misbehave in unpredictable ways, and no reasonable precaution can prevent resulting harms, then a negligence regime may not provide sufficient remedy, and strict liability might be adapted to cover agents' misconduct — but the common notion of strict liability fits this situation imperfectly, says Donald Hawthorne at Carter Ledyard.

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