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Public Policy

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.
February 10, 2026
Trump Is Owed Deference On Harvard Student Block, DOJ Says

The U.S. Department of Justice told the First Circuit this week that President Donald Trump's expansive authority over foreign affairs calls for it to overturn a ruling that blocked a proclamation suspending the ability of foreign students to enter the country to attend Harvard.
February 10, 2026
Lutnick Rules Out Creating Value-Based Fees For Patents

Commerce Secretary Howard Lutnick told a Senate panel Tuesday that the government is not planning to establish new fees for U.S. patents based on their value, saying the idea he was reportedly considering "is not going anywhere."
February 10, 2026
NLRB Dismisses SpaceX Charges Over Jurisdiction Shift

The National Labor Relations Board has ended a case alleging SpaceX illegally fired critics of boss Elon Musk after the agency that oversees airlines labor relations claimed jurisdiction over the rocket maker.
February 10, 2026
Ex-Cop Claims Retaliation For Reporting Mayoral Misconduct

A former assistant police chief in North Carolina says he was pushed out after accusing his boss of helping town officials cover up mayoral misconduct, including a traffic stop involving the mayor and a late night visit to town hall in which the mayor allegedly appeared on security footage without pants.
February 10, 2026
Mich. Judge Blasts DOJ's 'Non-Existent' Voter Roll Claim

Michigan officials will not have to turn over unredacted statewide voter registration lists to the U.S. Department of Justice, after a federal judge ruled that none of the statutes cited by the government require the state to turn over voters' sensitive personal information.
February 10, 2026
9th Circ. Says DHS Likely To Beat TPS Termination Challenge

The Ninth Circuit has hit pause on a district court's order that vacated the Trump administration's termination of temporary protected status for immigrants from Honduras, Nicaragua and Nepal, saying the administration will likely succeed on challenging the vacatur order.
February 10, 2026
9th Circ. Panel Wary Of Reviving Wash. Gas Appliance Suit

Ninth Circuit judges appeared skeptical Tuesday of a building industry coalition's argument that the Washington State Building Code Council and state attorney general can be sued over a regulation limiting natural gas appliances in new construction.
February 10, 2026
Wash. Judge Won't Block Racial Equity Housing Program

A nonprofit aimed at "overcoming identity politics" cannot preliminarily block a Washington state housing program designed to reduce racial disparities in homeownership, a Seattle federal judge ruled, saying the group has not shown it is likely to succeed on its claim that the program is unconstitutional.
February 10, 2026
Broker Renews Fight Against $6.6M Civil Fraud Penalties

An insurance broker renewed challenges to a $6.6 million civil fraud tax penalty over its captive deductions by arguing that the assessment required a jury trial, telling a Pennsylvania federal court that recent rulings, including in the Fifth Circuit, have reinvigorated requests the court previously denied.
February 10, 2026
RealPage Defends Case Challenging NY Rental Pricing Law

Property management software company RealPage is opposing a bid from New York state to toss a lawsuit challenging a new state law that prohibits building owners from using software to set residential rental rates, saying the statute clearly violates the First Amendment by banning advice.
February 10, 2026
Utah Lawmakers OK Corporate Income Definition Change

Utah would expand its definition of corporate income to include income allocated to the state, under a bill passed by lawmakers that will go to the state's governor.
February 10, 2026
Coal Exec's Co-Worker Says Emails Hinted At Egypt Bribes

A former coworker testified Tuesday that former Corsa Coal executive Charles Hunter Hobson sent emails as early as 2016 implying that the company's agent in Egypt was bribing officials to buy coal from the company and that he later saw the agent walk into the buyer's office with an envelope allegedly stuffed with cash.

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.