Public Policy

November 18, 2025
Polaris Hits Back At 'Settled Expectations' Fed. Circ. Fight

Polaris PowerLED says Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's denial of patent reviews based on a patent owner's "settled expectations" is not any different from similar cases that have been rejected by the circuit court.
November 18, 2025
4th Circ. Restores Trade Secrets Suit Against Insurance Execs

The Fourth Circuit on Tuesday revived insurer Sherbrooke Corp.'s claims of trade secrets theft against three former executives, disagreeing with a district judge who found that the company had not made enough of an effort to guard the software in question.
November 18, 2025
USPTO Petitioners Can Detail How They Found Prior Art

The head of the U.S. Patent and Trademark Office has told all users of the Patent Trial and Appeal Board that there will be a new option for patent challengers to explain how they found prior art they allege renders a patent invalid.
November 18, 2025
Ill. Justices Mull If Permits Override Pollution Exclusions

Counsel for a sterilization company and its former parent seeking defense costs for hundreds of lawsuits over ethylene oxide emissions at a suburban Chicago facility urged the Illinois Supreme Court on Tuesday to find a pollution exclusion in their insurance policy doesn't apply to emissions allowed under a state permit, insisting the policyholders are not polluters under Illinois law or "in the general sense of the word."
November 18, 2025
Lower Costs No Cause For VA To Shirk Trade Act, Judge Says

A federal judge said the U.S. Department of Veterans Affairs can't use the lower cost of drugs from countries not designated under the Trade Agreements Act to reject the higher prices of companies that propose to source them from compliant countries.
November 18, 2025
Judge Details Reasons For Goldstein's Pretrial Motion Losses

A Maryland federal judge explained in further detail Tuesday her decision against SCOTUSblog co-founder Tom Goldstein on several motions seeking to trim his tax evasion case as it heads to trial next year.
November 18, 2025
NY AG James Blasts 'Outrageous Conduct' Behind Indictment

New York Attorney General Letitia A. James has told a Virginia federal court to dismiss the U.S. government's indictment of her, calling it "patently unconstitutional" and "outrageous conduct."
November 18, 2025
Federal Watchdog Funds Released After Bipartisan Pushback

The independent agency for federal watchdogs has been brought back to life with the White House budget office restoring its funding.
November 18, 2025
NPR Wins $36M Grant As CPB Backs Off Plan To Cut Funds

National Public Radio and the Corporation for Public Broadcasting have reached a settlement to keep nearly $36 million in public radio satellite interconnection funds with NPR, as CPB agreed not to implement an executive order requiring it to cut off NPR funding unless ordered to do so by a court.
November 18, 2025
Judge Questions If Trump's Say-So Makes Wind Edict Legal

A Massachusetts federal judge on Tuesday lamented a lack of clear guidance from higher courts as she considered whether wind farm permits can be put on hold indefinitely based solely on a directive from the president.
November 18, 2025
Republican Senators Seek Judge Boasberg's Suspension

Six Republican senators, three of whom sit on the Senate Judiciary Committee, are asking that Chief U.S. District Judge James E. Boasberg of the District of Columbia be administratively suspended while Congress considers his impeachment.
November 18, 2025
New York Disputes Magistrate's Report In Tribal Thruway Row

New York is opposing a recommendation that would give a win to the Seneca Nation and force negotiations over a portion of a thruway that runs through the tribe's reservation, arguing that the report relies on a narrow interpretation of Sherrill laches in contrast to Second Circuit characterization.
November 18, 2025
San Francisco Nurses Can't Challenge FLSA OT Exemption

Nurses who claim that the city of San Francisco failed to pay them the proper overtime rates fall under a Fair Labor Standards Act exemption, a California federal judge ruled, finding summary judgment necessary following a sanctions order limiting the nurses' evidence.
November 18, 2025
Missouri Federal Judge To Take Senior Status

U.S. District Judge Douglas Harpool of the Western District of Missouri has given notice he will take senior status upon the confirmation of state Judge Megan Benton, whose nomination to the federal bench President Donald Trump announced Friday.
November 18, 2025
NJ Township Seeks To Revise $2.5B DuPont PFAS Settlement

Carneys Point Township, New Jersey, is aiming to intervene in the state's federal suit against E.I. du Pont de Nemours & Co. and others over PFAS contamination, saying a settlement of more than $2.5 billion interferes with its own claims against the company.
November 18, 2025
Insurer Needn't Cover LA Zoo Org. In City Contract Dispute

An insurer doesn't owe coverage to the Los Angeles Zoo's nonprofit arm in a contractual dispute brought by the city, a California federal court has ruled, finding that all claims are excluded under the association's nonprofit asset protection policy.
November 18, 2025
Ind. Tax Court Nixes 'Less Egregious' Assessment For Kohl's

An Indiana tax board erred when it relied on flawed appraisals of a Kohl's department store prepared by experts and chose the "somewhat less egregious" arguments of the company in lowering the valuations by nearly half, the state tax court said.
November 18, 2025
Judge Punts FTC Suit Over Meta's Instagram, WhatsApp Buys

A federal antitrust campaign against major technology platforms suffered a significant blow Tuesday with a D.C. federal judge's rejection of a Federal Trade Commission suit accusing Meta Platforms of illegally monopolizing social media through its purchases of WhatsApp and Instagram.
November 18, 2025
Judge Upholds NY Law Blocking ICE Courthouse Arrests

New York beat back a federal lawsuit challenging the state's policy barring immigration officials from arresting people near its courthouses, after a federal judge rejected the U.S. Department of Justice's preemption claims.
November 17, 2025
DHS Says Proposed Public Charge Rule To Undo 'Straitjacket'

The Trump administration on Monday unveiled a proposed rule to broaden U.S. Department of Homeland Security officers' discretion in deeming visa or green card seekers inadmissible if they're likely to depend on government benefits, saying current regulations are overly restrictive.
November 17, 2025
Fed's Cook Slams 'Pretextual' Mortgage Fraud Accusations

Federal Reserve Board Gov. Lisa Cook on Monday hit back at federal officials' allegations she committed mortgage fraud, criticizing the "baseless" accusations as "pretextual justifications" for President Donald Trump and his allies "to investigate anyone whom they view as an obstacle to the administration's political and economic agenda."
November 17, 2025
X Asks 9th Circ. To Let It Litigate Media Matters Suit In Ireland

X Corp. urged the Ninth Circuit on Monday to scrap an injunction blocking it from continuing to litigate its Irish-law defamation case against Media Matters in Ireland, arguing that the left-leaning watchdog waited too long to invoke a California forum-selection clause in X Corp.'s terms of service.
November 17, 2025
Advocacy Groups Push 9th Circ. To Uphold Fluoride Ruling

Advocacy groups that convinced a California federal judge to rule that the U.S. Environmental Protection Agency's "optimal" level for fluoride in drinking water is not protective enough for children, told the Ninth Circuit Monday that there's no reason to disturb the decision.
November 17, 2025
Ill. ICE Detainees Win Class Cert. Over Facility Conditions

An Illinois federal judge said Monday that he will give class treatment to two civil immigration detainees' claims that they experienced "inhumane" conditions at a holding facility officials have allegedly used as a detention center during ramped-up enforcement operations.
November 17, 2025
AGs Seek To Freeze EPA Solar Grant Funds During Challenge

A coalition of states asked a Washington federal judge to maintain federal money for Solar for All grants during the pendency of their lawsuit challenging the U.S. Environmental Protection Agency's decision to kill the program, arguing that they're likely to prevail on their claims that the agency can't legally claw back funds Congress already obligated.

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

Surveying The Healthcare Policy Landscape Post-Shutdown

With last week's agreement to reopen the federal government, at least through the end of January, key healthcare legislation that has been in limbo since a December 2024 spending bill fell apart may recapture the attention of Congress, say attorneys at Faegre Drinker.
Litigation Funding Could Create Ethics Issues For Attorneys

A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.
Ill. State Farm Suit Tests State Insurance Data Demand Limits

The Illinois Department of Insurance's recently filed suit against State Farm, seeking nationwide data on its homeowners insurance, raises important issues as to the breadth, and possible overreach, of a state's regulatory authority, says Stephanie Pierce at Kutak Rock.
How New FinCEN FAQs Simplify Suspicious Activity Reporting

New guidance from the Financial Crimes Enforcement Network and federal banking agencies that gives financial institutions more flexibility in meeting suspicious activity reporting obligations indicates the administration is following through on its promise to streamline the U.S. anti-money laundering regime, say attorneys at Davis Polk.
What Shutdown's End Means For Worker Safety Enforcement

The Occupational Safety and Health Administration and Mine Safety and Health Administration may emerge from the government shutdown struggling to juggle complaint backlogs, litigation delays and newly enacted policies with a reduced and demoralized workforce, so employers should stay alert, say attorneys at Conn Maciel.
SEC's Dual Share Class Approval Signals New Era For ETFs

The U.S. Securities and Exchange Commission's recent approval of the dual share class structure marks a landmark moment for the U.S. fund industry, opening the door for asset managers to benefit from combining mutual fund and exchange-traded fund share classes under a single portfolio, say Ilan Guedj at Bates White and Brian Henderson at George Washington University.
Calif. Species Protections Will Increase Compliance Burdens

California's recently enacted A.B. 1319 automatically protects species when the federal government rolls back its own protections — which could mean an onslaught of state-level compliance mandates for the regulated community that come with no advance notice or public hearings, says attorney David Smith.
E-Discovery Quarterly: Recent Rulings On Dynamic Databases

Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.
Assessing The SEC's Changing Approach To NFT Regulation

Early U.S. Securities and Exchange Commission actions on nonfungible tokens pushed for broad regulation, but subsequent court decisions — including a recent California federal court ruling in Adonis Real v. Yuga Labs — and SEC commissioners' statements have narrowed the regulatory focus toward a more fact-specific approach, say attorneys at Wilson Elser.
Comey Case Highlights Complex Speedy Trial Rights Calculus

Former FBI Director James Comey’s decision to waive his Speedy Trial Act rights in the false statement prosecution against him serves as a reminder that the benefits of invoking these rights are usually outweighed by the risks of inadequate preparation, but it can be an effective strategy in the right case, says Sara Kropf at Kropf Moseley.
Breaking Down Article 12 Of The Uniform Commercial Code

Thirty-two states and the District of Columbia have enacted Article 12 of the Uniform Commercial Code, providing the alternative to perfection by control of assets like cryptocurrency and nonfungible tokens, but before accepting these assets as collateral, lenders and creditors should consider how to best maintain priority, say attorneys at Miller Nash.
Why Foreign Cos. Should Prep For Increased SEC Oversight

With the recent trading suspensions of 10 foreign-based issuers listed on the Nasdaq, an enforcement action against a U.K. security-based swap dealer and the announcement of a cross-border task force, it's clear that the U.S. Securities and Exchange Commission will expand oversight on foreign companies participating in the U.S. capital markets, says Tejal Shah at Cooley.
How Litigating Antitrust Fix Helped GTCR Prevail In Court

An Illinois federal judge's recent denial of the Federal Trade Commission's injunction request in the GTCR acquisition of Surmodics joins a developing series of cases in which deal parties have prevailed against government antitrust challenges by proposing a post-complaint fix and litigating the as-amended deal, say attorneys at Paul Weiss.
What Narrower FinCEN Reporting Spells For Industry

As compliance costs soar, the potential slimming down of the Financial Crimes Enforcement Network's anti-money laundering and countering the financing of terrorism regime is welcome news for banks, and would allow a shift in resources to ever-evolving cybercrime threats, say attorneys at Quarles & Brady.
Revisiting Jury Trial Right May Upend State Regulatory Power

Justice Neil Gorsuch’s recent use of a denial of certiorari to call for the U.S. Supreme Court to revisit whether the Seventh Amendment jury trial right extends to states, building off last year's Jarkesy ruling, could foretell a profound change in state regulators' ability to enforce penalties against regulated companies, say attorneys at Sidley.