Public Policy

September 09, 2025
Trump's Latest Tariff EO Offers Some Relief, But No Certainty

President Donald Trump's latest tariff executive order essentially creates an exclusion process for many goods not readily available in the U.S. if the exporter countries enter trade agreements with the U.S., a strategic shift cautiously welcomed by importers even as they still seek certainty for their supply chains.
September 09, 2025
NY Climate Law Challenge Moved To Join Similar Case

A federal judge has denied business groups' bid to keep a suit challenging New York's climate Superfund law in the Southern District of New York, saying they must pursue the case in the Northern District where Republican-led states brought similar litigation first.
September 09, 2025
New York State And Mohawk Tribe Settle 43-Year Land Dispute

New York Gov. Kathy Hochul said the state has reached a settlement agreement with the Saint Regis Mohawk Tribe ending a decadeslong land purchase dispute, noting that the deal includes restoring tribal members' access to islands on the St. Lawrence River, improved power usage and education benefits.
September 09, 2025
States, Oil Groups Push For Wins In Drilling Ban Fight

Republican-led states and oil and gas industry groups pushed for a victory in their lawsuits challenging now-rescinded Biden-era memos that closed off federal waters to offshore drilling, telling a Louisiana federal judge that the memos were clearly unconstitutional.
September 09, 2025
Calif. Bashes EPA's Effort To Toss Truck Emissions Petitions

California, along with a group of states and cities, urged the Ninth Circuit on Monday to reject the U.S. Environmental Protection Agency's motion to dismiss petitions challenging Clean Air Act waivers allowing the Golden State to make its own truck emissions standards, saying separate litigation should first play out.
September 09, 2025
IRS Ordered To Notify Court Of ICE Info-Sharing Requests

A D.C. federal judge in a series of orders Friday and Tuesday said the IRS must notify the court within 24 hours of receiving a request from immigration authorities for taxpayer information and hand over administrative records while the court considers a request to stop the intergovernmental data sharing.
September 09, 2025
DC Says Crypto ATM Operator Profits Off Senior Scams

Athena Bitcoin, one of the country's largest operators of so-called bitcoin automated teller machines, has been sued by the D.C. Attorney General for allegedly charging undisclosed fees on deposits it knew were often the result of scams, for failing to implement adequate anti-fraud measures, and for refusing to refund scam victims.
September 09, 2025
MAHA Report Calls For Increased Scrutiny Of Drug Advertising

The Trump administration on Tuesday pledged to ramp up federal oversight of drug advertising, update dietary guidelines and slash unnecessary regulations as part of its strategy to boost the health of America's children and curb the rise in childhood chronic disease.
September 09, 2025
Wash. Justices Doubt Amazon's Stance On Chemical Suicides

Washington Supreme Court justices hinted on Tuesday at reviving a series of lawsuits against Amazon for allowing online sales of sodium nitrite that was used in suicides, suggesting the plaintiff families' cases are strengthened by the alleged promotion of a suicide manual on the same chemical product page.
September 09, 2025
SEC Sued To Lift Private Market Investment Cap

A U.S. Securities and Exchange Commission regulation that prohibits individuals making less than $200,000 a year from investing in the private markets is unconstitutionally discriminatory, according to a lawsuit launched against the agency in Texas federal court.
September 09, 2025
Google Says Ad Tech MDL Market Should Stay Within US

Google has urged a New York federal judge not to expand the scope of its advertising placement technology business as targeted by publishers and advertisers in multidistrict litigation, arguing the plaintiffs had their chance and cannot now latch onto the worldwide scope found in the Justice Department's successful case.
September 09, 2025
9th Circ. Declines To Block Most Of Social Media Addiction Law

The Ninth Circuit on Tuesday largely rejected a tech trade group's effort to block California from enforcing a law barring online platforms from using algorithms to deliver addictive feeds to children, saying the requirement to hide "likes" and share counts is likely unconstitutional and other aspects are either unripe or fact-intensive.
September 09, 2025
Norfolk Southern Inks Deal With DOJ Over Amtrak Delays

Norfolk Southern Corp. has agreed to give Amtrak passenger trains priority over freight trains under a deal with the federal government that would close out a case stemming from widespread delays on Amtrak's New York City to New Orleans route, the U.S. Department of Justice said Tuesday.
September 09, 2025
FinCEN Chief Signals Slimmer Bank Reporting On The Way

A top U.S. financial crime watchdog told lawmakers Tuesday that federal officials could soon move to narrow transaction reporting requirements for financial institutions as part of a broader effort to ease anti-money laundering compliance burdens for industry.
September 09, 2025
Littleton Says Proposed City Amendment Violates State Law

The city of Littleton, Colorado, is challenging the legality of a proposed amendment for the 2025 election aiming to restrict changes to residential zoning for areas currently designated for single-family properties.
September 09, 2025
Mass. Lawmakers Pitch Local Real Estate Transfer Taxes

Massachusetts cities would have the option of levying fees on real estate transfers worth more than $1 million to help fund affordable housing efforts under legislation pitched Tuesday to a joint House-Senate panel.
September 09, 2025
Senate Confirms Florida And Missouri Judges

The U.S. Senate confirmed two judges Tuesday, one for Florida and the other for Missouri.
September 09, 2025
Public Safety Officials Share Needs For NextGen 911

Emergency response officials testified on Tuesday about what is needed to fully deploy Next Generation 911 nationwide, which primarily includes sufficient funding.
September 09, 2025
'Open Questions' Raised About Live Nation Arbitrator

The Ninth Circuit rebuke of Live Nation's chosen consumer complaint arbitrator was raised in a New York federal court with an order calling for discovery into the arbitrator and its relationship to the company's Latham & Watkins LLP attorneys.
September 09, 2025
11th Circ. Urged To Revisit Pause Of 'Alligator Alcatraz' Suit

Environmental groups and a Florida tribe challenging the immigration detention center dubbed "Alligator Alcatraz" have asked the Eleventh Circuit to reconsider its order pausing the case while Florida appeals a preliminary injunction, arguing that it is "overbroad, unnecessary and prejudicial."
September 09, 2025
BREAKING: 11th Circ. Unravels Trans Deputy's Discrimination Win

The full Eleventh Circuit struck down a win Tuesday for a transgender sheriff's deputy who sued a Georgia county health plan after it refused to pay for gender-affirming surgery, saying the challenged coverage exclusion did not violate federal anti-discrimination law.
September 09, 2025
Lutnick Picks Ex-DOJ, TM Leaders To Advise USPTO

U.S. Secretary of Commerce Howard W. Lutnick has appointed high-profile members to the U.S. Patent and Trademark Office's public advisory committees, nearly six months after clearing them out.
September 09, 2025
Roberts Pauses Foreign Aid Distribution For Now

Chief Justice John Roberts on Tuesday temporarily stayed a lower court's order requiring the Trump administration to release roughly $4 billion in frozen foreign aid while the U.S. Supreme Court considers a longer-term solution.
September 09, 2025
Meghan Markle's Sister Asks For Revival Of Defamation Suit

An attorney for Meghan Markle's half-sister urged the Eleventh Circuit on Tuesday to revive her defamation claims against the duchess, arguing that while individual remarks made during an Oprah Winfrey interview and a Netflix documentary series were not actionable, together they amounted to a smear campaign.
September 09, 2025
Post-Chevron, DC Circ. Again Backs FERC Solar Ruling

The D.C. Circuit on Tuesday stuck to a decision backing the Federal Energy Regulatory Commission's conclusion that a hybrid solar facility qualified for small-scale power producer perks, following a U.S. Supreme Court-ordered rethink due to the elimination of so-called Chevron deference.

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

A Changing Playbook For Fighting Records Requests In Del.

The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
Tesla Verdict May Set New Liability Benchmarks For AV Suits

The recent jury verdict in Benavides v. Tesla is notable not only for a massive payout — including $200 million in punitive damages — but because it apportions fault between the company's self-driving technology and the driver, inviting more scrutiny of automated vehicle marketing and technology, says Michael Avanesian at Avian Law Group.
Insuring Against FCA Risk In Shifting Trade Landscape

In today's heightened trade enforcement environment, companies should proactively assess whether their insurance programs are positioned to respond to potential False Claims Act or customs-related claims, including reviewing directors and officers, professional liability, and representations and warranties policies for key terms, say attorneys at Pillsbury.
What To Expect As Trump's 401(k) Order Materializes

Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.
Demystifying The Civil Procedure Rules Amendment Process

Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
RI Menopause Law Brings New Considerations For Employers

Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.
A Foreign Currency Breach Won't Always Sink EB-5 Cases

Recent court decisions show that, while EB-5 investors must be able to show the lawfulness of their funds and methods of transfer, a third-party currency exchanger's violation of another country’s currency export control law does not, by itself, taint the funds for purposes of U.S. investment, says Jun Li at Reid & Wise.
How The 5th, DC Circuits Agreed On FCC Forfeiture Orders

The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.
FTC, CoStar Cases Against Zillow May Have Broad Impact

Zillow's partnerships with Redfin and Realtor.com have recently triggered dual fronts of legal scrutiny — an antitrust inquiry from the Federal Trade Commission and a mass copyright infringement suit from CoStar — raising complex questions that reach beyond real estate, says Shubha Ghosh at Syracuse University College of Law.
'Solicit' Ruling Offers Proxy Advisers Compliance Relief

The D.C. Circuit recently found that proxy voting advice does not fall under the legal definition of "solicitation," significantly narrowing the U.S. Securities and Exchange Commission's regulatory power over such advisers, offering stability to the proxy advisory industry and providing temporary relief from new compliance burdens, say attorneys at Sheppard Mullin.
SAM Update May Ease Tricky Timing Technicalities

The Federal Acquisition Regulatory Council's recent rule update, clarifying the System for Award Management's registration requirement, may reduce the number of disqualifications and bid protests resulting from minor lapses, but government contractors should still implement procedures to ensure early submission of registration renewals, say attorneys at Butzel Long.
Evaluating The SEC's Rising Whistleblower Denial Rate

The rising trend of U.S. Securities and Exchange Commission whistleblower award claim denials represents a departure from the SEC's previous track record and may reflect a more conservative approach to whistleblower award determinations under the current administration, say attorneys at Troutman Pepper.
State Crypto Regs Diverge As Federal Framework Dawns

Following the Genius Act's passage, states like California, New York and Wyoming are racing to set new standards for crypto governance, creating both opportunity and risk for digital asset firms as innovation flourishes in some jurisdictions while costly friction emerges in others, say attorneys at Sheppard Mullin.
How 2nd Circ. Cannabis Ruling Upends NY Licensing

A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
Key Insurance Coverage Considerations For AI Data Centers

The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.