Public Policy

  • March 23, 2026

    High Court Denies Chinook Nation's Path To Recognition

    The U.S. Supreme Court on Monday declined to take up a Washington Indigenous nation's petition that could have led to federal recognition in a centuries-old struggle to regain the status after it was stripped by the George W. Bush administration.

  • March 23, 2026

    High Court Won't Hear Calif. Border Hospital Medicaid Fight

    The U.S. Supreme Court said Monday it would not consider a case challenging California's exclusions of hospitals in neighboring states from supplemental federal payments going to providers that serve Medi-Cal beneficiaries.

  • March 20, 2026

    5th Circ. Wipes Out FTC's TurboTax 'Deceptive' Ad Ruling

    The Fifth Circuit on Friday vacated the Federal Trade Commission's cease-and-desist order imposed on Intuit Inc. for its TurboTax advertising that regulators say duped customers into thinking they could file their tax returns for free, saying the agency's in-house decision is unconstitutional, and the dispute must go to federal court.

  • March 20, 2026

    Pentagon Restrictions On Press Vacated As Unconstitutional

    A D.C. federal judge on Friday vacated provisions of a Pentagon policy that allows officials to take press passes away from journalists who report on matters not authorized by the government, saying the current policy was unconstitutional viewpoint discrimination, "full stop."

  • March 20, 2026

    Chicago Transit Authority Says Feds Can't Hold $2B 'Hostage'

    The Chicago Transit Authority on Friday asked an Illinois federal court to force the federal government to release more than $2 billion in funding for extending and updating city train lines, claiming the government is trying to "hold hostage" the grants supporting "crucial infrastructure projects" for the city.

  • March 20, 2026

    Texas Biz Court Hears Arguments On $50M ERCOT Charge

    The Texas business court on Friday considered whether a power scheduler must cover roughly $50 million in charges assessed against a commercial electricity supplier by the Electric Reliability Council of Texas after reserve capacity tied to an industrial customer was not submitted during Winter Storm Uri in 2021.

  • March 20, 2026

    Trans Pro Golfer Hailey Davidson Sues Golf Orgs Over Ban

    Pro golfer Hailey Davidson, a trans woman, has alleged in New Jersey state court that the Ladies Professional Golf Association and the United States Golf Association unlawfully schemed to keep her out of women's competitions, claiming the associations used her medical history to craft their 2024 restriction on transgender players.

  • March 20, 2026

    Nexstar Won Over DC, But Faces Big Task In Local TV Markets

    Broadcast behemoth Nexstar had plenty to celebrate in Washington, D.C., on Thursday with twin regulatory approvals pivotal to its plan to take over rival Tegna, but even if the deal survives legal challenges, it will face scrutiny in local TV markets.

  • March 20, 2026

    2nd Circ. Bars Terror Victims' Access To Afghan Bank Funds

    A notably divided Second Circuit has denied terrorist attack victims another chance to argue that they shouldn't be barred from seeking recovery of $3.5 billion in "blocked" Afghanistan central bank assets in New York, leaving a panel's sovereign immunity analysis in place.

  • March 20, 2026

    Feds To Cover Ayahuasca Church's Legal Fees, 9th Circ. Says

    The federal government is on the hook for more than $2 million in attorney fees following a settlement with a Phoenix-based church over its right to use the psychedelic beverage ayahuasca in religious ceremonies, a divided Ninth Circuit panel said in an unpublished opinion Friday.

  • March 20, 2026

    4 Open Questions On Tariff Refund System Development

    U.S. Customs and Border Protection is developing a system to refund tariffs struck down by the U.S. Supreme Court, but it remains unclear whether it will cover the entire gamut of duties President Donald Trump imposed under the International Emergency Economic Powers Act. Here, Law360 examines four open questions surrounding the IEEPA tariff refund system being developed by Customs.

  • March 20, 2026

    EPA's Ethylene Oxide Plan May Hinder Other Air Toxics Regs

    A new proposal from the U.S. Environmental Protection Agency to weaken emission standards for a medical sterilizer could have broader implications for the agency's power to tighten air pollution limits when new science becomes available.

  • March 20, 2026

    Ex-Fla. Rep Denied 11th-Hour Depo In Foreign Agent Case

    A Florida federal judge Friday denied a former congressman's requests to depose a key witness and have the government turn over interview notes before the start of a trial on charges of failing to register as a Venezuelan foreign agent, saying the defense counsel can still ask questions on cross-examination.

  • March 20, 2026

    Conn. Panel Backs Geico Win In Towing Defamation Case

    A Connecticut appeals court on Friday affirmed a win for Geico in a defamation case brought by several tow truck operators, agreeing with a lower court that the insurer's fee complaints to the state Department of Motor Vehicles were protected by litigation privilege.

  • March 20, 2026

    DOD Calls Anthropic's Supply Chain Risk Case Premature

    The Pentagon urged the D.C. Circuit to reject Anthropic's attempt to halt the agency's designation of the artificial intelligence company as a supply chain risk to national security, arguing the designation is limited in scope, and that Anthropic's motion is premature. 

  • March 20, 2026

    5th Circ. Won't Rehear FDIC Enforcement Challenge

    The Fifth Circuit said Friday that it won't revisit a constitutional challenge to the Federal Deposit Insurance Corp.'s use of in-house enforcement proceedings, turning down a petition that had drawn support from the U.S. Chamber of Commerce and civil liberties groups.

  • March 20, 2026

    Insurer Can't Cancel Motor Carriers' Auto Policy

    A Texas federal court blocked an insurer's effort to prematurely cancel an auto liability policy for a federally authorized group of motor carriers, agreeing with the companies that such an action would cause irreparable damage by interfering with their reputation and business operations.

  • March 20, 2026

    Colorado Fights DOE Order To Keep Coal Plant Running

    Colorado is the latest state to challenge U.S. Secretary of Energy Chris Wright's use of his emergency authority to keep fossil fuel power plants open, asking the D.C. Circuit to overturn his order to keep running a coal-fired plant.

  • March 20, 2026

    Bondi Keeps Ousted Wisconsin US Atty With New Title

    U.S. Attorney General Pam Bondi swapped Brad D. Schimel's title from interim U.S. attorney to first assistant U.S. attorney for the Eastern District of Wisconsin in order to keep him in charge of the office after his tenure expired earlier this week.

  • March 20, 2026

    NC High Court Keeps County Waste-Fee Classes Intact

    A group of North Carolina property owners can proceed in their waste fee lawsuit as three certified classes, as the North Carolina Supreme Court found Friday that a "key issue" — the identity of class members who hired private waste collection services — could be determined.

  • March 20, 2026

    The Quest For A 'Sound Basic Education' In North Carolina

    Robb Leandro was the original named plaintiff in one of the longest-running lawsuits in Tar Heel State history, centered on the state's constitutional obligation to provide children with a "sound basic education." Over three decades, a series of eponymous North Carolina Supreme Court opinions have steered the state toward what could be a multibillion-dollar remedy to improve public education. He's now waiting alongside millions of residents for the state's justices to release what could be a far-reaching opinion, more than two years after hearing oral argument.

  • March 20, 2026

    Ill. Court Revives Defamation Claim In Union Campaign Suit

    An Illinois appeals court has partially revived a lawsuit alleging that a candidate for a secretary treasurer position at a Chicago Fire Fighters Union local made defamatory Facebook comments about his campaign opponent, ruling that several of the comments support the suit's defamation claim.

  • March 20, 2026

    Judge Won't Reopen DIRTT Suit After Sending It To Canada

    A Utah federal judge has declined to reinstate a trade secrets dispute between two Canadian construction companies, saying the suing company has not explained how a no-longer-pending summary judgment motion in Canadian court has any bearing on a U.S. court case.

  • March 20, 2026

    Builders Can Proceed As Class In Fee Suit, NC Justices Say

    Homebuilders challenging the City of Raleigh's capital facilities fee ordinances can proceed within a certified class action after North Carolina's highest court ruled Friday that state statute requires unlawful fees be returned to the payor regardless of who ultimately shouldered the cost.

  • March 20, 2026

    OCC Leaves Itself Flexibility On Stablecoin Yield Question

    The Office of the Comptroller of the Currency made clear in its recent stablecoin rule proposal that it plans to bar issuers from paying yields to holders in some instances, but legal experts say the regulator appears to be leaving itself considerable room to decide which arrangements cross a line.

Expert Analysis

  • 5 Drug Pricing Policy Developments To Watch In 2026

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    2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Opinion

    What Justices Got Right In Candidate Standing Ruling

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    The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.

  • 5 Compliance Takeaways From FINRA's Oversight Report

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    The priorities outlined in the Financial Industry Regulatory Authority's recently released annual oversight report focus on the organization's core mission of protecting investors, with AI being the sole new topic area, but financial firms can expect further reforms aimed at efficiency and modernization, say attorneys at Armstrong Teasdale.

  • How SEC Civil Penalties Became Arbitrary: 3 Potential Fixes

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    Data shows that the U.S. Securities and Exchange Commission's seemingly unlimited authority to levy monetary penalties on market participants has diverged far from the federal securities laws' limitations, but three reforms can help reverse the trend, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.

  • Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits

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    The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.

  • Regulatory Uncertainty Ahead For Organ Transplant System

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    Pending court cases against a Centers for Medicare and Medicaid Services final rule that introduced a competition-centric model for assessing organ procurement organizations' performance will significantly influence the path forward for such organizations and transplant hospitals, say attorneys at Crowell & Moring.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • What Texas Can Learn From La. About CO2 Well Primacy

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    The U.S. Environmental Protection Agency's granting Texas primary authority over wells used to inject carbon dioxide into deep rock formations is a significant step forward for carbon capture and storage projects in the state — but Louisiana's experience after it was granted primacy offers a cautionary tale, say attorneys at Phelps Dunbar.

  • How Payments Law Landscape Will Evolve In 2026

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    After a year of change across the payments landscape, financial services providers should expect more innovation and the pushing of regulatory boundaries, but should stay mindful that state regulators and litigation will continue to challenge the status quo, say attorneys at Troutman.

  • Opinion

    It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs

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    The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.

  • Opportunities Amid The Challenges Of Trump's BIS Shake-Up

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    The Trump administration’s continuing overhaul of the Bureau of Industry and Security has created enormous practical challenges for export compliance, but it potentially also offers a once-in-a-generation opening to advocate for simplifying and rationalizing U.S. export controls, say attorneys at Gibson Dunn.

  • How SEC Civil Penalties Became Arbitrary: The Data

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    Data regarding how the U.S. Securities and Exchange Commission has adhered to its own civil penalty rules over the past 20 years reveals that awards are no longer determined in accordance with the guidelines imposed on the SEC by the securities laws, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

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    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

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