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Public Policy

February 11, 2026
Vape Sellers Urge Court To Pause Texas China Liquid Ban

Vape distributors and retailers asked a federal judge to pause enforcement of a Texas law prohibiting the sale of e-cigarettes using liquid from China, saying they are already suffering "irreparable harm" while fighting the rule.
February 11, 2026
Asphalt Cos. To Pay $30M To End FCA Testing Case

Two Ohio asphalt companies have agreed to pay a combined $30 million to resolve False Claims Act allegations that they submitted fraudulent testing data for federally funded highway projects, the U.S. Department of Justice announced Wednesday.
February 11, 2026
Trans Health And Pediatric Groups Challenge FTC Subpoenas

A major transgender medical group and a pediatric healthcare organization are seeking to end what they call "unlawful" consumer protection investigations from the Federal Trade Commission that want information pertaining to the medical groups' claims made in their marketing and advertising for gender-affirming care for minors.
February 11, 2026
Gov't Seeks Exit From HUD Attys' Suit Over Fair Housing Work

The U.S. Department of Housing and Urban Development has pushed for the dismissal of a suit filed by current HUD attorneys who've alleged that the department intentionally reassigned them to other federal jobs in order to "cripple" HUD's own enforcement of fair housing laws.
February 11, 2026
4th Circ. Won't Toss Appeal Over Md. Judges' Habeas Order

The Fourth Circuit rejected the Trump administration's assertion that its appeal of a ruling upholding a standing order, which Maryland federal judges issued to temporarily delay the removal of detained noncitizens who file habeas petitions, has become moot.
February 11, 2026
Neb. Changes Property Tax Hike Hearing Attendance Rules

Nebraska changed who must attend public hearings for local governments that seek to raise property taxes beyond a statutorily defined limit under a bill signed by the governor.
February 11, 2026
Kaiser Will Pay $30M To End DOL Mental Health Investigations

Kaiser Permanente has agreed to fork over at least $30 million and change its practices to end multiple U.S. Department of Labor investigations into the adequacy of the healthcare organization's mental health and substance use disorder treatment networks in California, the DOL said.
February 11, 2026
Atlanta Wants Ex-Judge's Arrest, Excessive Force Suit Tossed

The city of Atlanta called for the dismissal Tuesday of a civil rights suit filed by a former Georgia probate judge who was arrested after an altercation outside of a nightclub in 2024, arguing there's "no question" that police had a legitimate basis to handcuff and book her.
February 10, 2026
Ziff Davis Sues Google Amid Mounting Ad Tech Antitrust Suits

Digital media publisher Ziff Davis Inc. has filed the latest antitrust lawsuit against Google over its advertising technology, alleging in its New York federal complaint that the Silicon Valley giant unlawfully monopolizes the publisher ad server and ad exchange markets.
February 10, 2026
Ill. Tax, Tip Swipe Fee Ban Survives Banks' Challenge

An Illinois federal judge Tuesday cleared most of a landmark Illinois law banning swipe fees on tax and tip payments to take effect this summer, dealing a major blow to banking industry groups that sought to block the law altogether.
February 10, 2026
Seyfarth Faces DQ Bid From Luxury Terminal Developer

A California company aiming to develop a private luxury terminal for Washington Dulles International Airport has asked a D.C. federal court to disqualify Seyfarth Shaw LLP from representing its foe, the Metropolitan Washington Airports Authority, saying the firm also represents the developer's parent company "in no less than seven active matters."
February 10, 2026
Fla. US Attys Push Back Against Sanctions In Habeas Case

The U.S. attorney for the Middle District of Florida and an assistant U.S. attorney have urged an Orlando federal judge not to sanction them for the government's response to a noncitizen's habeas petition, saying any shortcomings were an "unintentional oversight."
February 10, 2026
Wash. County Defends Judge's DUI Arrest, Cites Open Alcohol

Sheriff's deputies were justified in arresting a sitting Washington judge on suspicion of DUI given his "bloodshot and watery eyes," admission of drinking earlier that evening and refusal to perform sobriety tests, Grays Harbor County told a Washington federal court in a filing seeking to throw out the ex-judge's suit.
February 10, 2026
Audit Watchdog Says Anonymous Challenger Must Reveal ID

The Public Company Accounting Oversight Board has told the D.C. Circuit that a man anonymously challenging the constitutionality of the audit watchdog should be required to identify himself, arguing that he has offered "almost nothing to substantiate his claimed need for privacy."
February 10, 2026
Fulton Election Raid Relied On Trump Allies' Testimony

The FBI's raid last month on the election operations center in Fulton County, Georgia, was premised in part on a referral from a former campaign lawyer for President Donald Trump and the testimony of two Georgia elections officials whom Trump once called his "pitbulls," according to affidavits unsealed Tuesday.
February 10, 2026
Tom Goldstein To Testify At Tax Trial Wednesday

SCOTUSblog co-founder Thomas Goldstein will take the stand in his tax fraud trial Wednesday, after the government rested its case with an IRS agent tallying up $3.6 million that she said went unreported on his 2016 tax return.
February 10, 2026
DC Circ. Seeks End To Atty Fight Over Fees From IRS Deal

The D.C. Circuit wants to stop a fight over almost $800,000 in attorney fees from a suit against the Internal Revenue Service that was settled years ago, telling the parties' counsel during oral arguments Tuesday they'd like to put the matter to bed for good.
February 10, 2026
Texas Justices Seek 'Universal' Rule On Pretrial Motions

A Texas Supreme Court justice on Tuesday pressed Attorney General Ken Paxton's office for more specifics on his position that a trial court implicitly ruled on a jurisdictional challenge in litigation over the $10 billion price tag for Austin's planned light rail system, suggesting a "universal rule" was needed.
February 10, 2026
Former Teachers Union Leaders Get Prison For Stealing $2.6M

A Florida federal judge has sentenced the former president and vice president of a Jacksonville teachers union to prison for embezzling more than $2.6 million in union funds, the U.S. Department of Justice announced Tuesday.
February 10, 2026
Circuit Split Brewing Following 5th Circ.'s No-Bond Ruling

The Fifth Circuit's split ruling blessing the Trump administration's mandatory immigration detention policy won't be the final say on the matter, but it could supercharge efforts to concentrate detained immigrants there while other circuits weigh the policy's legality.
February 10, 2026
FirstNet Reauthorization Bill Advances To Full Committee

A bill that would renew the First Responder Network Authority for just over a decade sailed through a House subcommittee hearing Tuesday afternoon and is now headed to the full committee for a vote.
February 10, 2026
Amazon Calls FTC Allegations Of Hidden Documents 'Reckless'

Amazon.com assailed the Federal Trade Commission for accusing it of using auto-deleting Signal chats and improper privilege claims to hide evidence of rules that created an artificial pricing floor across online retail stores, asking a Washington federal judge to appoint a special master to handle the "inflammatory, close-of-discovery filings."
February 10, 2026
Financial Services Forum Taps Ex-Truist Exec For GC

Banking industry group Financial Services Forum has hired a general counsel who most recently was a senior Truist Financial Corp. lawyer and who previously worked at the Federal Reserve Board of Governors as senior counsel in its legal division.
February 10, 2026
Feds Float Strict 100% 'Buy America' EV Chargers Mandate

The Trump administration Tuesday proposed that only electric vehicle charging stations built with 100% American-made components can be eligible for federal funding, setting a stringent new requirement that would make it tougher for such projects to get off the ground.
February 10, 2026
IHS To Phase Out Mercury Dental Fillings By 2027

The Indian Health Service has announced it will phase out the use of dental fillings containing mercury at its facilities over the next year.

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

USPTO's New Patentability Focus Helps Emerging Tech

The U.S. Patent and Trademark Office's recent efforts to shift patentability criteria back toward traditional standards of novelty, obviousness and adequate disclosure should make it easier for emerging tech, including artificial intelligence, to obtain patents, says Bill Braunlin at Barclay Damon.
What's At Stake In Possible Circuit Split On Medicaid Rule

A recent Eleventh Circuit decision, reviving Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, sets up a potential circuit split with the Fifth Circuit, with important ramifications for states looking to private administrators to run provider tax programs, say Liz Goodman, Karuna Seshasai and Rebecca Pitt at FTI Consulting.
How States Are Advancing Enviro Justice Policies

The federal pullback on environmental justice creates uncertainty and impedes cross‑jurisdictional coordination, but EJ diligence remains prudent risk management, with many states having developed and implemented statutes, screening tools, permitting standards and more, say attorneys at King & Spalding.
CFIUS Risk Lessons From Chips Biz Divestment Order

President Donald Trump's January executive order directing HieFo to unwind its 2024 acquisition of a semiconductor business with ties to China underscores that even modestly sized transactions can attract CFIUS interest if they could affect strategic areas prioritized by the U.S. government, say attorneys at Debevoise.
What Applicants Can Expect From Calif. Crypto License Law

With the July effective date for California's Digital Financial Assets Law fast approaching, now is a critical time for companies to prepare for licensure, application and coverage compliance ahead of this significant regulatory milestone that will reshape how digital asset businesses operate in California, say attorneys at MoFo.
Elections Mean Time For Political Law Compliance Checkups

An active election year is the perfect time for in-house counsel to conduct a health check on their company's corporate political law compliance program to ensure it’s prepared to minimize risks related to electoral engagement, lobbying, pay-to-play laws and government ethics rules, say attorneys at Steptoe.
Next Steps For Fair Housing Enforcement As HUD Backs Out

A soon-to-be-finalized U.S. Department of Housing and Urban Development rule, which would hand responsibility for determining disparate impact liability under the Fair Housing Act to the courts, reinforces the Trump administration’s wider rollback of fair lending enforcement, yet there are reasons to expect litigation challenging this change, say attorneys at Spencer Fane.
Malpractice Claim Assignability Continues To Divide Courts

Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.
As Federal Enviro Justice Policy Goes Dormant, All Is Not Lost

Environmental justice is enduring a federal dormancy brought on by executive branch reversals and agency directives over the past year that have swept long-standing federal frameworks from the formal policy ledger, but the legal underpinnings of EJ have not vanished and remain important, say attorneys at King & Spalding.
What Clarity Act Delay Reveals About US Crypto Regulation

The Senate Banking Committee's decision to delay markup of the Clarity Act, which would establish a comprehensive federal framework for digital assets, illuminates the political and structural obstacles that shape U.S. crypto regulation, despite years of bipartisan calls for regulatory clarity, says David Zaslowsky at Baker McKenzie.
Courts' Rare Quash Of DOJ Subpoenas Has Lessons For Cos.

In a rare move, three federal courts recently quashed or partially quashed expansive U.S. Department of Justice administrative subpoenas issued to providers of gender-affirming care, demonstrating that courts will scrutinize purpose, cabin statutory authority and acknowledge the profound privacy burdens of overbroad government demands for sensitive records, say attorneys at ArentFox Schiff.
The Little Tucker Act's Big Class Action Moment

The Little Tucker Act, which allows claims against the government for illegally exacted fees, is transforming from a niche procedural mechanism into a powerful vehicle for class action litigation, with more than $500 billion in such fees — including President Donald Trump's tariffs — now ripe for challenge, says Dinis Cheian at Susman Godfrey.
Venezuela Legal Shifts May Create Investment Opportunities

Since the removal of President Nicolás Maduro, Venezuela has shown signs of economic liberalization, particularly in the oil and mining sectors, presenting unique — but still high-risk — investment opportunities for U.S. companies, say attorneys at Haynes Boone.
Unpacking Dormant Commerce Clause Cannabis Circuit Split

Federal courts have reached differing conclusions as to whether state-legal cannabis is subject to the dormant commerce clause, with four opinions across three circuit courts in the last year demonstrating the continued salience of the dormant commerce clause debate to the nation's cannabis industry, regulators and policymakers, say attorneys at Perkins Coie.
Remote Patient Monitoring Is At Regulatory Inflection Point

With remote patient monitoring at the center of new federal pilot programs and a recent report from the U.S. Department of Health and Human Services' Office of Inspector General examining Medicare billing for those services, it is clear that balancing innovation and risk will be a central challenge ahead for digital health stakeholders, say attorneys at Morgan Lewis.