Public Policy

  • May 20, 2026

    Bank Ratings Would Focus More On Financial Risk Under Plan

    Federal regulators have unveiled a proposal to revamp a key ratings system used for grading the condition of banks, outlining changes that could make it harder to penalize banks on exams for governance and compliance issues unless they pose a clear financial threat.

  • May 20, 2026

    States Push FDIC To Include Them In Stablecoin Reviews

    The Federal Deposit Insurance Corp. faces calls to coordinate with fellow federal agencies and include state banking regulators in its coming application process for stablecoin issuers under its supervision.

  • May 20, 2026

    Social Media Not Proven To Harm Mental Health, Judge Told

    A statistics expert for Meta sought Wednesday to undermine the claim that social media has driven a rise in mental health conditions among teens, saying the New Mexico attorney general's key witness on the topic didn't consider alternative factors like widening access to mental health care.

  • May 20, 2026

    Fed Pitches Formal Plan To Offer Fintechs 'Payment Accounts'

    The Federal Reserve on Wednesday moved closer to giving financial technology firms a new route to accessing its payment rails, advancing a formal proposal to create a special type of "payment account" while calling for a pause on some pending full-account decisions.

  • May 20, 2026

    Binance Libel Suit Doesn't Show Actual Malice, Dow Jones Says

    Dow Jones urged a New York federal judge to toss a defamation suit brought by Binance over a Wall Street Journal article saying the cryptocurrency exchange fired internal investigators who uncovered transactions that purportedly went to sanctioned Iranian-backed entities, arguing that Binance hadn't shown the article was published with actual malice.

  • May 20, 2026

    Texas AG Sues ISS Over ESG Considerations

    Texas Attorney General Ken Paxton sued Institutional Shareholder Services Inc. on Wednesday for allegedly advising shareholders based on environmental, social and governance considerations rather than the objective advice it advertises, in violation of a Texas consumer law.

  • May 20, 2026

    Baltimore Bridge Wreck Civil Trial Will Stay The Course

    A Maryland federal judge on Wednesday refused an eleventh-hour request from the Dali cargo ship's owner and manager to delay a trial that's starting in less than two weeks to determine the scope of liability and damages over Baltimore's Francis Scott Key Bridge disaster, according to an attorney for certain claimants.

  • May 20, 2026

    4th Circ. OKs Pipeline Work During Green Groups' Permit Suit

    A Fourth Circuit panel refused to order Transcontinental Gas Pipe Line Co. LLC to halt construction on an interstate pipeline, saying in an order Monday that environmental groups failed to persuade the judges that a recently issued discharge permit was arbitrary and capricious.

  • May 20, 2026

    Women Fencers Can't Advance Bias Suit Over Trans Eligibility

    A Missouri federal judge ruled on Wednesday that three women fencers did not prove that they were discriminated against by the organizers of a tournament that permitted transgender women to compete, throwing out their proposed class action.

  • May 20, 2026

    La. Defends Challenged LNG Project Air Permit At 5th Circ.

    A Louisiana regulator told the Fifth Circuit environmental groups have no ground to support their challenge of a preconstruction permit approved for a major liquefied natural gas export terminal in Cameron Parish.

  • May 20, 2026

    DOJ Looks To Nix Dish's Requirement To Operate 5G Network

    Now that it's sold off all its spectrum, Dish isn't going to be able to build the nationwide 5G network that it promised the U.S. Department of Justice it would as part of the T-Mobile-Sprint merger, so the DOJ is asking a D.C. federal court to nix that part of their agreement.

  • May 20, 2026

    1st Circ. Allows Transfer Of RI Youth Care Info To Texas Court

    The First Circuit declined to halt a Texas federal court's order requiring a Rhode Island hospital to hand over records detailing its provision of gender-affirming care to minors, finding a Rhode Island agency failed to demonstrate that doing so would cause children in the state irreparable harm.

  • May 20, 2026

    White House Told To Obey Records Law, Not Trump's Policy

    A D.C. federal judge ruled Wednesday that the Presidential Records Act is likely constitutional and ordered White House staff to comply with it, while rejecting the Trump administration's new recordkeeping policy as insufficient.

  • May 20, 2026

    FTC Targets AI 'Nudify' Apps Under Revenge Porn Law

    The Federal Trade Commission on Wednesday sent warning letters to a dozen companies that offer artificial intelligence tools that allow people to "nudify" images, marking some of its first regulatory actions under a revenge porn law that went into force the day prior.

  • May 20, 2026

    FTC Looks For Ways To Avoid 'Litigating The Fix'

    Federal Trade Commission Chairman Andrew Ferguson said Wednesday that last-minute settlement proposals in merger cases put enforcers in a tough spot and ultimately hurt the merger review process, as the agency considers ways to avoid litigating the offers in court.

  • May 20, 2026

    DC Circ. Orders FCC Response In News Distortion Dispute

    The D.C. Circuit ordered the Federal Communications Commission on Wednesday to respond to a call from several former agency leaders for court action that would compel the FCC into rethinking its controversial policy against "news distortion."

  • May 20, 2026

    Antivax Health Workers Fight Uphill At 9th Circ. Over Firings

    Two Ninth Circuit panelists cast doubt Wednesday on an attempt by a group of former University of Washington employees to revive claims that they were wrongfully fired after they refused COVID-19 vaccination on religious grounds, with one judge remarking that unvaccinated workers "make the risk worse" in a healthcare setting.

  • May 20, 2026

    DOT Taps Vornado Team For Penn Station Rebuild

    The U.S. Department of Transportation on Wednesday selected a master developer team to lead a major renovation of New York City's Penn Station, a team that includes Vornado Realty Trust, which controls a significant commercial footprint across adjacent blocks.

  • May 20, 2026

    Connecticut Challenges Tribal Recognition Repetitioning Rule

    Connecticut is asking a federal court to block the Interior Department from accepting any requests from Indigenous nations seeking to reapply for federal recognition under a revised rule finalized last year, claiming it's the product of an unlawful procedure and is arbitrary and capricious in its substance and application.

  • May 20, 2026

    9th Circ. Tough On HP 401(k) Forfeiture Suit Revival Bid

    The Ninth Circuit appeared reluctant Wednesday to revive a suit alleging that HP Inc. violated federal benefits law by using forfeited 401(k) funds to defray employer-side contribution obligations, with judges questioning whether plan participants backed up allegations that the tech company hadn't been sufficiently loyal or prudent.

  • May 20, 2026

    FCC Revamps How Broadband Maps Can Be Challenged

    The Federal Communications Commission overhauled broadband data collection rules on Wednesday, with an aim of making its map of national broadband deployment more accurate while also cutting unnecessary regulatory burdens.

  • May 20, 2026

    DC Judge Questions Red Snapper Season Expansion Plan

    A D.C. federal judge on Wednesday seemed wary of administration attorneys' claims that a new fishery permitting regime exempting four southeastern states from recreational red snapper catch limits this year would help data collection for future limits.

  • May 20, 2026

    NC Voters To Weigh Income, Property Tax Limits

    North Carolina voters will decide in November on two proposed constitutional amendments aimed at curbing their income and property taxes after the state General Assembly approved sending the measures to the ballot Wednesday.

  • May 20, 2026

    FERC Erred Over Utility's Tax Deferral Method, DC Circ. Told

    Wholesale transmission customers of American Electric Power Co. Inc. units told the D.C. Circuit this week that the Federal Energy Regulatory Commission wrongly allowed the utility giant to depart from an established method to allocate carried-forward tax allowances, increasing those customers' rates.

  • May 20, 2026

    States, DC Urge 10th Circ. To OK Colo. Social Media Law

    A group of 43 states and the District of Columbia are asking the Tenth Circuit to reverse a trial court order blocking enforcement of a new Colorado law requiring warning labels for social media used by minors, saying that even under strict scrutiny, the law is justified to protect minors' mental health.

Expert Analysis

  • Ch. 11 Ruling Raises Bar For Avoiding Default Interest

    Author Photo

    Following a New York bankruptcy court's recent decision in 33 Mako, solvent debtors may find it significantly harder to avoid paying contractual default interest to oversecured lenders under Section 506(b) of the Bankruptcy Code, say attorneys at Benesch.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

    Author Photo

    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

    Author Photo

    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • What Jury Holdouts Can Teach Trial Lawyers About Strategy

    Author Photo

    Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

  • 'Mobile' Sources For On-Site Generation May Be A Risky Bet

    Author Photo

    The U.S. Environmental Protection Agency is considering treating large on-site generators used at data centers as mobile rather than stationary sources under the Clean Air Act, a significant policy change that would leave developers that adopt this solution at risk of regulatory reversals, say attorneys at Ballard Spahr.

  • AI Investment Advice May Fail Investor Protection Rules

    Author Photo

    Based on an ongoing study of artificial intelligence platforms' investment advice given to retail investors, direct access to AI may not yield recommendations for typical households that are suitable under relevant securities rules, raising new and important issues in the regulation of financial markets, says Bruce Carlin at Rice University.

  • Startup Founder Disputes Increasingly Turn On Governance

    Author Photo

    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

    Author Photo

    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

    Author Photo

    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • AG Watch: Reconciling 2 Maryland Data Privacy Statutes

    Author Photo

    In-house counsel should map the interplay between the Maryland Online Data Privacy Act's strictly necessary standard to deliver a requested service, and the Protection From Predatory Pricing Act's exemption of consent-based pricing within loyalty programs, before the state attorney general begins enforcement on the latter in October, says Erek Barron at Mintz.

  • EPA Listing Signals New Scrutiny Of Drugs In Drinking Water

    Author Photo

    The recent publication of the U.S. Environmental Protection Agency's latest draft drinking water contaminant list highlights pharmaceuticals as a category of concern, marking the start of a process that could shape future research priorities, monitoring requirements, and federal and state actions, say attorneys at Morgan Lewis.

  • New Cuba Sanctions Raise Risks For Foreign Banks, Cos.

    Author Photo

    President Donald Trump's bold move leveling secondary sanctions against Cuba expands enforcement risk for foreign banks and companies with no U.S. nexus, signaling that non-U.S. businesses should reassess related transactions, counterparties and exposure as regulators test this broader authority, say attorneys at Troutman.

  • SEC Clarifies 'Baby Shelf' Restrictions For Small Cos.

    Author Photo

    For smaller public companies looking to access the capital markets, the so-called baby shelf requirements can be a significant limitation, but recent guidance from the U.S. Securities and Exchange Commission helps to alleviate the effect of subsequent baby shelf restrictions on an at-the-market facility, say attorneys at Faegre Drinker.

  • Nexstar Offers A Cautionary Tale On State-Level Deal Scrutiny

    Author Photo

    State-enforcement challenges to the $6.2 billion Nexstar-Tegna merger remind legal practitioners that federal approval isn't always sufficient to deliver certainty on closing, integration and timetable assumptions, says Brett Story at Britehorn Securities.

  • How 'Bundling' Enforcement Is Parsing Efficiency, Access

    Author Photo

    Recent antitrust enforcement actions have taken a selective view of companies' bundling of products or services — challenging it when it shuts out rivals, but tolerating it when it creates efficient scale — making the real test now less about lower prices than about whether competition is being blocked, says attorney Alan Kusinitz.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Public Policy archive.