Public Policy

January 05, 2026
US Chamber Gets Expedited Appeal In $100,000 H-1B Fee Suit

The D.C. Circuit on Monday fast-tracked the U.S. Chamber of Commerce's appeal of a ruling that a $100,000 fee for new H-1B petitions was within President Donald Trump's "broad authority" to restrict noncitizens' entry.
January 05, 2026
1st Circ. Upholds Block On Trump Admin NIH Funding Cuts

The First Circuit on Monday affirmed a Massachusetts federal judge's order permanently blocking the Trump administration from gutting National Institutes of Health funding for biomedical research, agreeing that the government didn't have the authority to cap indirect costs for research grants.
January 05, 2026
NY Gov. Looks To Further Boost Online Protections For Kids

New York's governor floated a legislative package Monday that would expand on the state's already robust online protections for kids by subjecting game and social media platforms to additional privacy and safety mandates, including ensuring that location settings are turned off automatically and that certain chatbot features are disabled.
January 05, 2026
11th Circ. Rejects Asylum Despite Guerrilla Group Threats

The Eleventh Circuit on Monday refused to upend a decision denying asylum for a Colombian mother and son who were attacked and repeatedly threatened by a violent guerrilla group, ruling that the mother hasn't shown that the Colombian government permitted the group's actions.
January 05, 2026
DC Circ. Says It Won't Rethink Emergency Air Rule Decision

The full D.C. Circuit will not reconsider a panel's decision restoring air pollution-emitting facilities' right to defend themselves against violations of the Clean Air Act by blaming emergency circumstances.
January 05, 2026
Groups Urge FCC To Deny $6.2B Nexstar-Tegna Merger Deal

Public interest groups, labor organizations and satellite companies are asking the Federal Communications Commission not to grant TV station giant Nexstar's request to approve its $6.2 billion plan to merge with rival Tegna in a deal that would breach the agency's national ownership cap.
January 05, 2026
Feds Fight To Keep Goldstein 'Sham Employee' Evidence

Federal prosecutors heading to trial against former SCOTUSblog publisher Tom Goldstein are urging a judge to deny his bid to prevent a jury from hearing about four love interests allegedly paid as no-show employees at his former law firm.
January 05, 2026
Federal Court Wrong Place For Judges' Suit, Justices Told

Federal immigration officials have asked the U.S. Supreme Court to reverse an appellate decision that allowed immigration judges to hash out their spat over a newly created speech policy in district court instead of within the congressionally designated special review system.
January 05, 2026
'Truly Extreme': 9th Circ. Judges Decry Trump Layoffs Ruling

The Ninth Circuit on Monday refused to revisit a three-judge panel's decision rejecting the Trump administration's challenge of a lower court's ruling requiring production of its plans for large-scale layoffs and reorganizations at various federal agencies, a decision that was met with fiery dissent from several of the court's Republican-appointed judges.
January 05, 2026
Fla. AG Says Pot Legalization Proposal 'Misleads Voters'

Florida Attorney General James Uthmeier is opposing a new effort to legalize recreational marijuana through a ballot initiative, telling the state's high court that the proposal is invalid because it "misleads voters."
January 05, 2026
Fed. Circ. Seems Unlikely To Back Big Tech's Fintiv Challenge

Four of the world's largest technology companies struggled to convince a Federal Circuit panel on Monday that the U.S. Patent and Trademark Office's Fintiv precedent is illegal, with judges stressing the broad discretion given to the agency's leader, as well as a potential policy change that could render the discussion moot.
January 05, 2026
DOJ Says Maduro Capture Warrants Migrant Case Delay

The Trump administration is asking for an extra week to offer a plan to get Venezuelan migrants who were deported without due process back to the U.S., contending that it needs more time to evaluate potential remedies after launching airstrikes in Caracas and capturing Venezuelan president Nicolás Maduro.
January 05, 2026
NRA Claims Foundation Hijacked For Rival Fundraising

The National Rifle Association is suing its charitable arm for alleged copyright infringement and breach of contract, claiming the foundation it established in 1990 has been taken over by a "disgruntled faction of former NRA directors" who were ousted after scandals involving former CEO Wayne LaPierre.
January 05, 2026
Express Scripts Wants FTC Atty Views On Insulin Prices

Express Scripts is seeking to force an attorney from the Federal Trade Commission to sit for a deposition in the agency's case accusing pharmacy benefit managers of inflating insulin prices, saying the commission's own attorneys acknowledge that manufacturers cause higher prices.
January 05, 2026
9th Circ. Creates Split On Dormant Commerce And Cannabis

The Ninth Circuit's decision Friday finding that a constitutional doctrine barring states from enacting protectionist policies does not apply to federally illegal retail marijuana sets up an apparent circuit split and may bring the matter closer to U.S. Supreme Court review.
January 05, 2026
House To Review Trump's Veto On Tribal Everglades Bill

Members of the U.S. House of Representatives have agreed to consider Thursday objections to President Donald Trump's veto of bipartisan legislation that would save a Florida tribe's camp within Everglades National Park from flooding.
January 05, 2026
NY Dem Looks To Curb Officials' Prediction Market Trading

Rep. Ritchie Torres, D-N.Y., is seeking to ban public officials from trading in certain prediction markets if their job gives them an edge, a representative confirmed Monday, days after an anonymous trader made a well-timed bet on the removal of Venezuelan President Nicolás Maduro.
January 05, 2026
Monthly Merger Review Snapshot

Prolonged Federal Trade Commission reviews forced the abandonment of two mergers, the U.S. Department of Justice sparred with Live Nation and defended a merger settlement, and both agencies agreed to let multibillion-dollar transactions move forward. Here, Law360 looks at the major merger review developments from December.
January 05, 2026
Wireless Builders Say FCC Powers Back Deployment Reforms

The Federal Communications Commission has "ample" legal authority to make changes sought by the agency's Republican leadership to more easily deploy cell sites around the country, a group of wireless tower builders has argued.
January 05, 2026
NY Court Voids Southampton's Cannabis Zoning Law

Local zoning laws that blocked a marijuana shop from opening in the Long Island town of Southampton were declared "null and void" by a New York state court, and the state's attorney general is asking a federal judge overseeing a nearly identical case to make a similar ruling.
January 05, 2026
4 Mass. Rulings You May Have Missed In December

Insurers seeking to cap their losses in a serious construction accident and a fintech startup offering what the state says are illegal mortgages were on the losing side in December, but two other companies defeated proposed consumer class actions in Suffolk County Superior Court's business litigation session. Here are four notable rulings you may have missed last month.
January 05, 2026
NJ Panel Tosses Bid To Gut DEP Environmental Justice Rules

A New Jersey appellate panel on Monday affirmed the state's sweeping environmental justice rules, rejecting consolidated challenges from industry and labor groups that argued the Department of Environmental Protection overstepped its statutory authority, relied on vague and overbroad definitions, and imposed arbitrary permitting burdens on facilities in heavily polluted communities.
January 05, 2026
DC Circ. Chosen For Challenges To FCC's Prison Rate Caps

A judicial panel has randomly selected the D.C. Circuit as the venue for multiple challenges to the Federal Communications Commission's latest rate structure for prison phone calls.
January 05, 2026
Atlanta Shouldn't Escape Age Bias Suit, Judge Says

A suit from an ex-building inspector against the city of Atlanta alleging his boss denied him a promotion because of his age can continue, a federal judge said, finding that a jury needed to weigh his claim that his boss told him someone younger was wanted instead.
January 05, 2026
Health Officials Roll Back Child Vaccine Recommendations

Amid public outcry, federal health officials on Monday revised vaccine recommendations for American children, cutting the number from 18 to 11 and bringing the United States in line with other developed countries such as Denmark.

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

Trending At The PTAB: The Journey Of IPR Institution In 2025

Over the course of 2025, inter partes review institution at the Patent Trial and Appeal Board evolved into a more restrictive, policy-driven regime with reshaped discretionary briefing and assessment, and increasing procedural requirements, say attorneys at Finnegan.
Food Industry Braces For MAHA And Other Challenges In 2026

After the Make America Healthy Again movement kept the U.S. Food and Drug Administration under pressure in 2025, actions in the food safety space are likely to continue this year, including updated Supplemental Nutrition Assistance Program dietary guidelines and processed food definitions, say attorneys at Wiley.
Preparing For Congressional Investigations In A Midterm Year

2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
A Meaningful Shift In FDA's Biosimilarity Analysis

The U.S. Food and Drug Administration's potential pivot away from routinely requiring comparative efficacy studies for interchangeable biosimilar applications would not lower regulatory standards, but instead allow applicants to allocate resources toward establishing more probative evidence, says Theodore Thompson at Stinson.
Key Trends Shaping ESG And Sustainability Law In 2026

2025 saw a chaotic regulatory landscape and novel litigation around environmental, social and governance issues and sustainability — and 2026, while perhaps more predictable, will likely be no less challenging, with more lawsuits and a regulatory tug-of-war complicating compliance for global companies, say attorneys at Crowell.
How Bank M&A Prospects Brightened In 2025

Even with less-than-ideal macroeconomic conditions in 2025, federal banking regulators' shift away from procedural concerns to focus more on core financial risks boosted M&A in several key ways, including shorter review timelines and increased interest in de novo charters, say attorneys at Arnold & Porter.
3 Securities Litigation Trends To Watch In 2026

Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.
5 Tariff And Trade Developments To Watch In 2026

A new trade landscape emerged in 2025, the contours of which will be further defined by developments that will merit close attention this year, including a key ruling from the U.S. Supreme Court and a review of the U.S.-Mexico-Canada Agreement, says Ted Posner at Baker Botts.
What 2025 Enforcement Actions Show About FERC's Priorities

A review of the Federal Energy Regulatory Commission's 2025 enforcement record suggests that this year, the commission will persist in holding market participants to their commitments, and continue active market surveillance and close cooperation with market monitors, says Ruta Skucas at Crowell & Moring.
Employment Immigration Trends And Challenges For 2026

U.S. companies competing for global talent should brace for a turbulent 2026, with greater compliance burdens, higher costs and the probability of workforce disruptions at every stage of the immigration process, from visa petitions to work authorization renewals, say attorneys at Duane Morris.
Top 5 Antitrust Issues For In-House Counsel To Watch In 2026

With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.
Funding Haze And Deregulatory Pursuits: The CFPB In 2026

In 2025, the Consumer Financial Protection Bureau did not seek additional funding from the Federal Reserve and unwound the legacy of former bureau leadership, and this year will bring further efforts to rescind or rewrite bureau regulations, as well as a changed tone to supervision efforts, say attorneys at Covington.
4 Developments That Defined The 2025 Ethics Landscape

The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
5 Trade Secret Developments To Follow In 2026

Watch for major developments in trade secret law this year, especially as courts clarify the reach of U.S. law internationally, the availability of trade secret damages and more, say attorneys at Faegre Drinker.
Navigating AI In The Legal Industry

As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.