Public Policy

  • October 31, 2025

    Hawaii Judge Declares FDA's Mifepristone Regs Unlawful

    The U.S. Food and Drug Administration failed to sufficiently justify restrictions on the abortion drug mifepristone, a Hawaii federal judge ruled in an order declaring the restrictions unlawful under the Administrative Procedure Act.

  • October 31, 2025

    Up Next At High Court: Tariffs, Fugitives & Contractor Liability

    The U.S. Supreme Court will begin its November oral argument session Monday, during which the justices will consider President Donald Trump's authority to impose tariffs on foreign countries under an emergency statute, whether military contractors can be held liable for alleged breaches of contracts in war zones, and if there are time limits for litigants who want to vacate a void judgment. Here, Law360 breaks down the week's oral arguments.

  • October 31, 2025

    SEC Extends Fee Cap Compliance Dates After DC Circ. Ruling

    The U.S. Securities and Exchange Commission on Friday extended the compliance deadlines for new rules that will cap the fees that exchanges can charge investors and allow exchanges to quote stock prices in half-penny increments after the D.C. Circuit rejected calls to overturn the rules.

  • October 31, 2025

    Gov't Owes $330K In Fees For NSF Funding Fight, Court Told

    A higher education association seeks more than $330,000 in attorney fees and costs from the government after winning a ruling blocking the Trump administration from cutting certain National Science Foundation funding, according to a memorandum filed in Massachusetts federal court.

  • October 31, 2025

    Minn. Makes More Tribal Deals To Build 'Unique' Pot Market

    Minnesota has signed its fifth compact with a federally recognized tribe, allowing each one to issue licenses for eight cannabis retailers outside their respective reservations, as well as licenses to grow and manufacture the plant, with the Fond du Lac Band of Lake Superior Chippewa and the Leech Lake Band of Ojibwe the latest to reach deals.

  • October 31, 2025

    Trump Admin Must Keep SNAP Running, Federal Judges Say

    A Rhode Island federal judge Friday ordered the Trump administration to use contingency funds to sustain Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown, while a Boston federal judge gave the government until Monday to choose one of two paths to keep the program running to some degree.

  • October 31, 2025

    5th Circ. Rejects NLRB's New Remedies In Restaurant Case

    The Fifth Circuit in a published opinion Friday rejected the National Labor Relations Board's new remedial framework, saying the agency overstepped by ordering a restaurant owner to compensate workers for the foreseeable losses they suffered after their illegal firings.

  • October 31, 2025

    7th Circ. Says Ill. Judge Can't Be 'Supervisor' Of CBP Official

    The Seventh Circuit held Friday that an Illinois federal judge overstepped in requiring a top Border Patrol official leading the Trump administration's immigration enforcement surge in Chicago to appear before her every weekday ahead of a Nov. 5 preliminary injunction hearing, saying she put herself in the position of "an inquisitor rather than that of a neutral adjudicator."

  • October 31, 2025

    Sandisk Urges Fed. Circ. To Take On 'Settled Expectations'

    Sandisk Technologies Inc. has again told the Federal Circuit that the U.S. Patent and Trademark Office's denial of patent reviews based on the owner's "settled expectations" violates the law, asserting it's "now or never" for court action, since most decisions will no longer be explained.

  • October 31, 2025

    Judges See An Immigration Court Gutted From Inside

    Eight former immigration judges who spoke to Law360 say the rough treatment of the immigration courts in President Donald Trump's second term poses an unprecedented threat to judicial independence and is eroding immigrants' due process rights.

  • October 31, 2025

    Black Law Prof Wants High Court To Review Bias Suit Ruling

    A Black University of Michigan Law School professor has asked the U.S. Supreme Court to revive a lawsuit claiming she was disciplined because she had complained about racial discrimination, arguing that a federal appeals panel was too credulous of a dean's version of events.

  • October 31, 2025

    1st Circ. Refuses To Transfer FCC Prison Phone Rate Case

    The First Circuit declined Friday to move multidistrict litigation over prison phone rate caps to the Fifth Circuit, rejecting an argument from phone service providers.

  • October 31, 2025

    CFPB Union Sounds Alarm As Funding 'Approaches Zero'

    The Consumer Financial Protection Bureau's employee union warned that the agency is on the verge of running out of money and called for its acting Director Russell Vought to immediately request additional funds from the Federal Reserve.

  • October 31, 2025

    PVC Pipe Makers Say Price 'Conspiracy' Is 'Basic Economics'

    Polyvinyl chloride pipe manufacturers facing antitrust claims over 2020 price increases have told an Illinois federal judge the purchaser plaintiffs have failed to plausibly show there was a per se price-fixing conspiracy, so their suit should be dismissed.

  • October 31, 2025

    Ill. Judge Won't Stay Nationwide DEI Injunction For Appeal

    An Illinois federal judge has refused to pause his order blocking a requirement for federal grant recipients to certify that they don't operate programs that violate President Donald Trump's executive orders targeting diversity, equity and inclusion initiatives, saying his ruling was in line with a recent Supreme Court decision advising courts to limit nationwide injunctions.

  • October 31, 2025

    NJ Lawmaker Introduces Bill To Ban Kratom Extract

    A New Jersey state senator is looking to ban a kratom-derived compound, 7-hydroxymitragynine or 7-OH, which the U.S. Food and Drug Administration says should be highly restricted and is at the center of several proposed consumer class actions.

  • October 31, 2025

    Ed Dept. Pushing Millions Of Borrowers Into Default, Suit Says

    The secretary of the U.S. Department of Education and three major credit bureaus were hit with a proposed class action in Georgia federal court for allegedly forcing millions of student loan borrowers into delinquency and default due to operational failures in loan servicing after the COVID-19 deferment period ended earlier this year.

  • October 31, 2025

    Federal Action Sought To Boost Low Earth Orbit Satellites

    Federal officials need to update rules governing low Earth orbit satellites to allow the space-based communications industry to keep expanding at a time of rising congestion, according to a pair of think tanks.

  • October 31, 2025

    In The World Of Deepfake Porn, Tech Moves Faster Than Law

    When a 14-year-old New Jersey student discovered her classmates had used an app to generate nude deepfakes of her and other girls, she and her mother confronted her high school and found no relevant law and little recourse for victims. What followed helped spark state legislation that pairs criminal penalties with civil remedies, part of a national reckoning over AI's misuse.

  • October 31, 2025

    Pot Initiative Sponsor Says Fla. Is Ignoring Bid For Ballot

    The sponsor of a proposed ballot initiative to legalize cannabis in Florida sued the Florida secretary of state on Thursday to force him to submit the petition — which has surpassed the requirements for legal review — to the attorney general to proceed to the next step to getting it on the ballot.

  • October 31, 2025

    Steelworkers Back Offshore Wind Project Targeted By Trump

    The United Steelworkers union is backing U.S. Wind's injunction motion to halt the federal government's reversal of approval of its wind farm off the coast of Maryland, telling a federal judge that the about-face jeopardizes over 500 permanent jobs and $1 billion in labor income over the next 20 years.

  • October 31, 2025

    Hemp Cos. Want Suit Against Okla. City, Cops Kept Alive

    A pair of hemp companies have urged an Oklahoma federal judge not to dismiss claims against a city, its police department and police chief in connection with the seizure of a shipment the companies say was federally legal hemp.

  • October 31, 2025

    Squires Vows To Open USPTO Doors To AI Technologies

    New U.S. Patent and Trademark Office Director John Squires said Friday his agency will embrace artificial intelligence technologies during his tenure, telling attorneys at the American Intellectual Property Law Association's annual gathering in Washington, D.C., that AI is "the most transcendent and transformative technology of our time — perhaps of any time."

  • October 31, 2025

    3 Argument Sessions Benefits Attys Should Watch In Nov.

    The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November.

  • October 31, 2025

    FERC Faces DC Circ. Fight Over Pipeline Project Revival

    Environmental and homeowner groups have asked the D.C. Circuit to drop the Federal Energy Regulatory Commission's reauthorization of a previously abandoned pipeline upgrade project in the Northeast, saying the agency can't simply restore an approval it issued six years ago.

Expert Analysis

  • Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions

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    The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.

  • Budget Act Should Boost Focus On Trade Compliance

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    Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.

  • NY Bill Would Complicate Labor Law Amid NLRB Uncertainty

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    The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.

  • Trump Tax Law's Most Consequential International Changes

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    The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • How 6th Circ. Ruling Deepens Split On Broker Liability

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    A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.

  • How The Genius Act May Aid In Fight Against 'Pig Butchering'

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    ​​​​​​​The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.

  • Assessing Strategies For Mixed-Use Pro Sports Projects

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    Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.

  • Opinion

    Congressional Bid Protest Concerns Lack Evidence

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    The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.

  • Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop

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    There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.

  • Biosolid Contaminants Spawn Litigation, Regulation Risks

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    While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.

  • When Misconduct Can Trigger Bank Industry Employment Ban

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    The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.

  • Filing Clarifies FTC, DOJ's Passive Investment Stance

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    The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Adapting To USPTO's Tighter Inter Partes Review Rules

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    The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.

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