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Public Policy
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March 25, 2026
Nicotine Pouch Maker Sues FDA Over Rejected Application
A nicotine pouch manufacturer is asking a D.C. federal judge to force the U.S. Food and Drug Administration to review its "Zone" pouch products, claiming it spent nearly four years in regulatory limbo before the agency said the application was incomplete.
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March 25, 2026
Judge Lets NY Cannabis Licensing Challenge Proceed
Following a recent Second Circuit ruling that the dormant commerce clause applies to marijuana, a New York federal judge Wednesday rejected state cannabis regulators' bid to dismiss a constitutional challenge to their licensure program.
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March 25, 2026
FSOC Seeks To Rein In Too-Big-To-Fail Labels In Latest Pivot
Federal regulators moved Wednesday to curb their authority to subject large asset managers, insurers and other nonbank firms to heightened, bank-like supervision, proposing guidelines that would reinstitute tougher standards for these too-big-to-fail designations.
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March 25, 2026
After Overhaul Nixed, FTC, DOJ Mull New Merger Rulemaking
The Federal Trade Commission and the U.S. Department of Justice are not giving up on attempting to overhaul the "insufficient" half-century-old merger notification form after its replacement was just struck down by a Texas federal judge, with the agencies now seeking public comment as they mull "a new rulemaking process."
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March 25, 2026
DOE Worker Who Took Buyout Admits To Attempted Bribery
An ex-U.S. Department of Energy employee who accepted the Trump administration's "fork in the road" deferred resignation offer last year pled guilty Wednesday to trying to bribe a former co-worker to steer contracts to his new company, federal prosecutors announced.
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March 25, 2026
Trade Court Nom Regrets Past Tweets Critical Of GOP Sens.
Kara Westercamp, associate counsel to the president, who was nominated for the U.S. Court of International Trade, said Wednesday she regretted her past social media posts critical of Republican senators.
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March 25, 2026
FBT Gibbons Lands Public Finance Pros From BigLaw Firms
FBT Gibbons LLP has added two public finance partners, one from Bracewell LLP in Houston and another from Barnes & Thornburg LLP in Columbus, Ohio.
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March 25, 2026
Mass. High Court Clarifies Anti-SLAPP Standard, Atty Fees
The top appellate court in Massachusetts on Wednesday in separate opinions clarified the standard under which suits can be dismissed under the state's anti-strategic lawsuit against public participation or anti-SLAPP laws and reversed a lower court's decision to cut an attorney fee award in an anti-SLAPP case.
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March 25, 2026
Groups Say Miner, Nonprofit Forum Shop In Chuckwalla Suit
A group of California tribes and conservation nonprofits is accusing a Michigan miner and the BlueRibbon Coalition of venue shopping in their challenge to the establishment of the Chuckwalla National Monument, arguing that the case should be transferred to a district "with an actual stake in the suit."
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March 25, 2026
DOJ Created 'Rocket Docket' For Somali Removals, Suit Says
A Minnesota law firm and a human rights group have accused the Trump administration of unlawfully fast-tracking removal proceedings for nondetained Somali immigrants, making it "monumentally more difficult," if not nearly impossible, to defend their rights in immigration courts.
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March 25, 2026
Fired MSPB Member Urges Justices To Review Case
Former Merit Systems Protection Board member Cathy Harris has urged the U.S. Supreme Court to review a D.C. Circuit decision upholding her firing from the agency, arguing that the decision "muddled" the differences between the board and other federal agencies.
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March 25, 2026
Murky Video Leads 7th Circ. To Reverse Officer Immunity
A man arrested during an early morning methamphetamine search at a rural Wisconsin property in 2018 may continue his battle against a police officer he says deliberately hit him in the head with a rifle, using excessive force, a Seventh Circuit panel has said in a reversal.
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March 25, 2026
Utah Expands Unrelated Biz Income Definition For Corp. Tax
Utah will expand its definition of corporate income to include income allocated to the state under a bill signed by the state's governor.
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March 25, 2026
Defense Dept. Can't Shut Down Ex-Worker's Pay Bias Suit
The U.S. Department of Defense narrowed but failed to escape a lawsuit alleging it unlawfully refused to bump a female civilian employee to a higher pay grade, with a D.C. federal judge ruling the worker provided "just enough information" to suggest she was paid less because of her gender.
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March 25, 2026
Idaho Expands Retail Developer Sales Tax Rebate
Idaho expanded a sales tax rebate to reimburse developers of retail complexes for eligible transportation project expenses under a bill signed by the governor.
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March 25, 2026
Md. Tells 4th Circ. Not To Revive Pot Licensing Suit
Maryland cannabis regulators are urging the Fourth Circuit to leave dismissed a California entrepreneur's suit alleging that its social equity licensing program discriminates against out-of-state operators, saying her complaint fails to establish any real harm.
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March 25, 2026
11th Circ. Seems Open To Reviving Botched FBI Raid Suit
An Eleventh Circuit judge appeared inclined Wednesday to revive a Georgia woman's suit over an FBI raid mistakenly carried out at her home after the U.S. Supreme Court examined the case last year and barred the federal government from invoking the U.S. Constitution's supremacy clause as a defense.
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March 25, 2026
Chinese Sugar Alcohol Imports Harming US Industry, ITC Says
The U.S. International Trade Commission on Wednesday found that imports of the sweetener erythritol from China are materially harming U.S. industry, making Chinese producers and exporters subject to antidumping and countervailing duties.
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March 25, 2026
Justices Reverse Music Piracy Liability Ruling Against Cox
The U.S. Supreme Court on Wednesday said the Fourth Circuit incorrectly affirmed a jury verdict that found Cox Communications liable for its customers' music piracy, concluding there is a legal distinction between mere knowledge of infringement and intent to promote it.
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March 25, 2026
Justices Reject Tolling For Supervised Release Absconders
The U.S. Supreme Court ruled Wednesday that the fugitive tolling doctrine, which prevents criminal defendants from earning credits to reduce prison sentences while they are not behind bars, cannot also be used to automatically penalize defendants who abscond from supervised release.
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March 24, 2026
Pentagon 'Punishing' Anthropic Would Be Illegal, Judge Says
A California federal judge considering Anthropic's request to block the U.S. Department of Defense from labeling it a supply chain national security risk said Tuesday that it looks like the government is "punishing" Anthropic for bringing public attention to their contract fight, a move that would violate the First Amendment.
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March 24, 2026
'Bowling Ball' Tips Scale To FERC In Gas Project, Judge Says
The Federal Energy Regulatory Commission requirement to strongly presume that projects like the liquefied gas export terminal it recently approved in Louisiana are in the public interest sits like a "bowling ball" on one side of the scales against environmental groups worried about pollution, said a D.C. Circuit judge.
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March 24, 2026
Trump Admin Settles Suit Over Biden Social Media Collabs
The Trump administration on Tuesday agreed to bar three federal agencies from interfering with social media companies' content moderation, resolving a high-profile challenge to the Biden administration's efforts to combat the spread of misinformation in a case that went up to the U.S. Supreme Court.
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March 24, 2026
NY Regulator's Fintech Unit Chief Is Ex-BigLaw, CFPB Analyst
New York's financial services regulator announced Tuesday it has promoted one of its own to permanently head up its division responsible for licensing crypto firms and regulating fintech, a job formerly held by the agency's current acting Superintendent Kaitlin Asrow.
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March 24, 2026
Nicotine Pouch Maker To Refile FDA Suit In DC After Transfer
The maker and seller of Zone nicotine pouches on Tuesday dismissed its own lawsuit accusing the U.S. Food and Drug Administration of unfairly holding up a market application for its product, promising to refile in D.C. federal court after a Texas federal court transferred it to South Carolina federal court.
Editor's Picks
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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
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How Iran War Might Reshape Proxy Contests This Year
The Iran war may function as a short-term poison pill for proxy contests, not because it strengthens corporate defenses, but because it increases the risks associated with activist commitments, say attorneys at Sidley.
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Opinion
PTAB Needs Reform To Protect Inventors From Larger Cos.
The Promoting and Respecting Economically Vital American Innovation Leadership Act is necessary because it will impose additional requirements on patent validity challenges and prevent large corporations from taking advantage of the Patent Trial and Appeal Board to overwhelm small inventors with repeated litigation, says Eb Bright at ExploraMed Development.
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What To Watch At The 2026 ABA Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition among developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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FDA User Fee Talks Offer Clues On Upcoming Reforms
As the U.S. Food and Drug Administration undergoes the User Fee Act reauthorization process and renegotiates its user fee agreements over the next several months, the agency's consultation meetings with relevant industries can shed light on the FDA's priorities, and provides stakeholders an opportunity to participate in the reform process, say attorneys at Holland & Knight.
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Changes Coming To The SBIR And STTR Programs
Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.
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What FINRA Enforcement Changes Mean For Investigations
It is essential for in-house counsel and compliance officers to familiarize themselves with the Financial Industry Regulatory Authority's recently announced changes to its enforcement program, which offer both clearer visibility into FINRA's expectations and a valuable opportunity to strengthen regulatory readiness, say attorneys at Eversheds Sutherland.
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One Idea To Fix The SEC's Risk Factor Disclosure Rules
U.S. Securities and Exchange Commission Chairman Paul Atkins recently invited the industry to suggest ways to reform the current risk factor disclosure framework, and amending Rule 10b-5 is one potential option to consider, say attorneys at A&O Shearman.
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Navigating Venezuelan Oil And Gas Sanctions Rollbacks
The U.S. Department of the Treasury's Office of Foreign Assets Control has issued a series of general licenses representing the broadest easing of Venezuela-related sanctions in years, and creating significant new opportunities — but only for entities prepared to meet the rigorous conditions attached to OFAC's phased sanctions relief, say attorneys at Winston & Strawn.
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7 Employer Tips For Handling Calif. Privacy Risk Assessments
Recent changes to the California Consumer Privacy Act require certain employers to complete detailed risk assessments before handling workforce data in many routine ways, so employers should assess whether previous risk assessments can be reused or combined, assemble a team, and create a plan of action, among other steps, say attorneys at Littler.
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Breaking Down State Legislative Efforts In Telecom Security
As the federal government has strengthened national security safeguards for the telecommunications ecosystem, states have also asserted a role in telecom security, with variations among these regimes risking regulatory fragmentation and complicating compliance strategies, say attorneys at Hogan Lovells.
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Agentic AI Use May Trigger Existing Consumer Finance Laws
As artificial intelligence agents interact more and more with payment systems, financial institutions should be cognizant of how existing consumer protection laws like the Equal Credit Opportunity Act apply when transactions are executed by automated systems rather than individuals, noting authorization and liability gaps, say attorneys at Sheppard.
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SEC Guidance Further Solidifies Status Of Tokenized Assets
The U.S. Securities and Exchange Commission recently released a statement that tokenized securities are securities governed by traditional securities laws, representing continued regulatory clarity and the development of expanded technical standards and risk management guidelines that can only improve the long-term viability of financial markets, say attorneys at Barnes & Thornburg.
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FDA Framework For Personalized Therapies Raises Questions
The U.S. Food and Drug Administration's new plausible mechanism framework for developing individualized therapies reflects the agency's focus on rare-disease drugs, but numerous significant, unresolved issues cast uncertainty on how effective the framework will be in practice, say attorneys at Ropes & Gray.
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What's Next For The Advanced Air Mobility Sector
The U.S. Department of Transportation’s recent selection of electric vertical takeoff and landing pilot program participants marks a transition from aspirational policy to accountable implementation, and regulatory strategy should be at the center of business planning across the advanced air mobility ecosystem, say attorneys at Morgan Lewis.
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Emissions Permits May Not Override Pollution Exclusions
Two recent coverage rulings from the Illinois Supreme Court and the Third Circuit suggest a trend among appellate courts to deny coverage under pollution exclusions, even when the emissions happened pursuant to a government permit, say attorneys at Simpson Thacher.