Public Policy

  • July 30, 2025

    Top Immigration Policies To Track In The 2nd Half Of 2025

    President Donald Trump's approach to immigration in the first half of the year promises to ramp up in the latter half of 2025, with immigration attorneys anticipating increased workplace raids and detention, and more visa processing delays. Law360 takes a look at policy issues that could feature prominently in the second half.

  • July 30, 2025

    Grassley 'Offended' By Trump's Blue Slip Criticism

    Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, said Wednesday he was "surprised" and "offended" by President Donald Trump's post Tuesday night urging him to get rid of so-called blue slips, which are essentially vetoes for home state senators over U.S. attorney and district court nominee picks.

  • July 29, 2025

    States Sue To Block Feds' Demand For Benefit Recipient Data

    Nearly two dozen state attorneys general are fighting the USDA's directive for states to turn over private information about millions of food assistance benefit recipients, arguing in a new lawsuit filed in California federal court that this demand violates multiple privacy laws and the U.S. Constitution.

  • July 29, 2025

    Trump Admin Says UCLA Didn't Protect Jewish Students

    The U.S. Department of Justice said Tuesday that it determined that the University of California, Los Angeles, violated civil rights laws by failing to "adequately respond" to harassment and abuse that Jewish and Israeli students faced on its campus following the war in Gaza.

  • July 29, 2025

    X Corp. Asks Judge To Keep Suit Alleging Ad Boycott Intact

    X Corp. is asking a Texas federal judge to keep intact its sprawling antitrust lawsuit against advertisers, saying in multiple briefs that the World Federation of Advertisers and several major brands conspired to withhold billions of dollars in advertising in response to its allegedly lax moderation policies.

  • July 29, 2025

    CFPB Plans 'Accelerated' Push To Revamp Open Banking Rule

    The Consumer Financial Protection Bureau on Tuesday persuaded a Kentucky federal judge to stay a banking industry legal challenge to its Biden-era open banking rule, saying it now plans to rewrite the rule on an "accelerated" basis and expects to start next month.

  • July 29, 2025

    5th Circ. Allows Challenge To Nonprofit Political Pro Bono Ban

    The Fifth Circuit said Monday a free speech nonprofit has the right to sue members of the Texas Ethics Commission in an attempt to conduct pro bono work for a political organization, saying the commissioners do not have sovereign immunity in their official roles and must face the suit.

  • July 29, 2025

    9th Circ. Urged To Rehear Alaskan Willow Project Ruling

    Alaskan Native and environmental advocacy groups are asking the Ninth Circuit for a rehearing on its ruling to uphold the federal government's decision to evaluate only alternatives for the ConocoPhillips Willow project that they say will result in full development of the Arctic oil reservoir.

  • July 29, 2025

    Miss. AG Says Judge's TRO Over State DEI Ban Full Of Errors

    Mississippi's attorney general wants a federal judge to explain "indisputable factual inaccuracies" in his decision pausing enforcement of a state law prohibiting diversity, equity and inclusion in public schools, saying Monday that the judge's original order contained nonexistent allegations, wrongly identified plaintiffs and defendants, and quoted terms that don't appear in the legislative text.

  • July 29, 2025

    Ambulance Co. Can't Undo $2.3M Verdict In Wash. Crash Case

    A Washington Court of Appeals panel has affirmed an ambulance operator's $2.3 million trial court loss in a patient's family's wrongful death case over a crash, rejecting the company's argument that its crew was shielded from liability by a state law that protects first responders providing emergency medical services.

  • July 29, 2025

    Affirmed Energy Says FERC Unlawfully Cut Auction Rights

    Affirmed Energy LLC told the D.C. Circuit the Federal Energy Regulatory Commission can't justify orders approving PJM Interconnection LLC's proposal to bar energy efficiency resources from participating in its electricity capacity auctions.

  • July 29, 2025

    SEC Tosses Broker's NSCC Margin Rule Challenge

    The U.S. Securities and Exchange Commission has dismissed a bid by Alpine Securities Corp. to challenge heightened margin requirements from the National Securities Clearing Corp., with the commission finding the rules are too broadly applicable to warrant review as a denial of access.

  • July 29, 2025

    FCC Nixes Objection To Nonprofit's New Miami FM Station

    Three petitioners have been scrabbling before the Federal Communications Commission for the right to operate a new low-power station in a part of Miami that can only tolerate one station, and the agency has finally decided who gets it.

  • July 29, 2025

    SEC Greenlights 'In-Kind' Redemptions For Crypto ETPs

    The U.S. Securities and Exchange Commission voted Tuesday to approve orders to allow cryptocurrency-based exchange-traded products to use in-kind creations and redemptions, aligning with more traditional ETPs.

  • July 29, 2025

    Trump Says High Court Rulings Undermine Wash. Halt On EOs

    Recent decisions by the U.S. Supreme Court undermine a Washington federal judge's finding that portions of two executive orders concerning gender-affirming care and transgender identity likely violate the Constitution, the Trump administration argued in recent filings.

  • July 29, 2025

    Judiciary Advises Not Filling Next 10th Circ. Vacancy, For Now

    The Judicial Conference of the United States is recommending not filling the next vacancies on the U.S. Court of Appeals for the Tenth Circuit and a handful of district courts, for now, citing a "consistently low per-judgeship caseload" in those jurisdictions.

  • July 29, 2025

    Reported Plan For Value-Based Patent Fees Unnerves Experts

    A proposal reportedly under consideration by the Trump administration to charge patent owners a new fee based on the value of their patents has spurred numerous questions and concerns among experts, who say the idea appears nearly unworkable and could hinder innovation.

  • July 29, 2025

    9th Circ. Won't Renew Suit Over Wash. Ban On 'DIY' Rape Kits

    A Ninth Circuit panel on Tuesday refused to revive a constitutional challenge to Washington state's ban on self-administered DNA evidence collection kits for sexual assault survivors, concluding that the plaintiff company failed to show the law illegally restricts commercial speech.

  • July 29, 2025

    Ill. Speaker Should Serve Prison Time As Ordered, Feds Urge

    Former Illinois House Speaker Michael Madigan should serve his seven-and-a-half-year corruption sentence as scheduled because he can't cite any particularly substantial appellate issues that would call for such relief, let alone convince the Seventh Circuit to reverse his entire corruption conviction, federal prosecutors argued Monday.

  • July 29, 2025

    DOD Expands Tricare's Clinical Trial Benefit

    The U.S. Department of Defense has issued a final rule that makes health insurance coverage for clinical trials aimed at treating and preventing COVID-19 and other infectious diseases permanent for military personnel, retirees and their families.

  • July 29, 2025

    Trump Calls 'Blue Slip' Process 'Probably Unconstitutional'

    President Donald Trump on Tuesday railed against the long-standing tradition for home state senators to have essentially veto power over U.S. attorney and district court nominee picks and called on U.S. Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, to abandon the process.

  • July 29, 2025

    Senate Confirms DOJ Official Emil Bove To 3rd Circ.

    The Senate voted 50-49 on Tuesday night to confirm Emil Bove, one of President Donald Trump's former attorneys and a top official at the U.S. Department of Justice, as a judge on the U.S. Court of Appeals for the Third Circuit.

  • July 29, 2025

    OxyChem, Nokia Tell 3rd Circ. Passaic Cleanup Deal Is Unfair

    Occidental Chemical Corp. and Nokia of America Corp. on Monday asked the Third Circuit to reverse a New Jersey federal district court's approval of a $150 million settlement to clean up the Lower Passaic River.

  • July 29, 2025

    SpaceX Backs 'Light Licensing Framework' In 37 GHz

    As the Federal Communications Commission looks into revamping the lower 37 gigahertz band, SpaceX is pushing the agency to consider a "light licensing framework" like the one it has deployed in several other satellite bands.

  • July 29, 2025

    Next-Gen TV Can Deliver Localized Emergency Info, FCC Told

    A public safety trade group called on the Federal Communications Commission to cement the next-generation TV standard into government rules, emphasizing the public interest benefits of quickly conveying advanced emergency information such as geotargeted alerts.

Expert Analysis

  • Plan For Increased HSR Info Sharing With Wash. Antitrust Law

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    Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.

  • Federal Construction Considerations Amid Policy Overhaul

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    The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.

  • FMLA Expansion Sees State Progress Despite Federal Barriers

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    Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.

  • How Political Divisions Are Stalling Pa. Energy Development

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    Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.

  • 3rd-Party Audit Tactics To Improve Export Control Compliance

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    Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.

  • A Look At Trump Admin's Shifting Strategies To Curtail CFPB

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Evading DOJ Crosshairs As Data Security Open Season Starts

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    As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.

  • How Trump's Trade Policies Are Shaping Foreign Investment

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    Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.

  • How Trump Admin Treasury Policies Are Reaching Banks

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    The Treasury Department has emerged as an important facilitator of the Trump administration's financial policies affecting banks, which are now facing deregulation domestically and the use of international economic authorities in cross-border trade and investment, say attorneys at Davis Polk.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • FTC Focus: Enforcers Study AI Innovation And Entrenchment

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    The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

  • Policy Shifts Bring New Anti-Money Laundering Challenges

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    In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits

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    Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.

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