Public Policy

November 19, 2025
FDIC Can't Have Advisory Jury In $1.9B Fight With SVB Trust

A California federal judge Wednesday denied the Federal Deposit Insurance Corp.'s request that she empanel an advisory jury in a suit looking to force the agency to return some $1.9 billion in frozen deposits to the former operator of Silicon Valley Bank, finding "no compelling reasons" to do so.
November 19, 2025
GSA, Perplexity Strike 'First' Direct-To-Gov't AI Deal

The U.S. General Services Administration struck a "first-of-its-kind" direct deal with Perplexity to provide federal agencies access to the artificial intelligence company's flagship enterprise AI product for just 25 cents per agency, GSA announced Wednesday.
November 19, 2025
Dissent Accuses Redistrict Ruling Of 'Judicial Misbehavior'

A Fifth Circuit judge denounced the judge who penned a federal court order blocking Texas' newly redrawn congressional map, saying in a Wednesday opinion the order blocking the redistricting amounts to the "most blatant exercise of judicial activism" he had ever seen.
November 19, 2025
Colo. Justices Question Public Works Act Interpretation

The Colorado Supreme Court appeared skeptical Wednesday of an appellate court's Public Works Act interpretation, which vacated a subcontractor's $12.7 million claim against the general contractor that employed it to help build a new Denver rail line.
November 19, 2025
Cato Urges High Court To Review SEC Disgorgement Powers

The Cato Institute and others have come out in support of a call for the U.S. Supreme Court to resolve a circuit split over the U.S. Securities and Exchange Commission's disgorgement powers, saying a recent Ninth Circuit decision unlawfully delegates legislative power to executive officials.
November 19, 2025
Colo. High Court Considers Insurers' Noncooperation Defense

Colorado Supreme Court justices on Wednesday questioned the scope and effects of a state law requiring insurers to meet certain requirements in requesting information from policyholders before bringing a failure-to-cooperate defense, in a case where a man was denied claims after not turning over medical records.
November 19, 2025
Use-Of-Force Limits 'Overbroad,' 7th Circ. Says, Halting Order

The Seventh Circuit pressed pause Wednesday on an "overbroad" injunction a Chicago federal judge entered to curb allegedly excessive force federal immigration officials have used against press and peaceful protesters, but cautioned the parties not to read too deeply into its holding.
November 19, 2025
Rand Paul Eyes Returning Hemp Policy To The States

Sen. Rand Paul, R-Ky., who unsuccessfully sought to strike hemp ban language from the government spending bill, told Kentucky hemp interests Wednesday that he was considering legislative language that would return the issue to the states.
November 19, 2025
Space Force Beats Lanham Act Claims In Florida Suit

A Florida federal judge ruled in favor of the U.S. Space Force on Lanham Act claims in a lawsuit brought by a commercial launch provider that alleged the government was required to utilize its services to launch rockets when available, finding the agency isn't prohibited from using its own facilities.
November 19, 2025
Fla. Congresswoman Accused Of Stealing $5M In FEMA Funds

A Florida congresswoman was indicted on charges that she stole $5 million in COVID-19 disaster relief funds through her family-run healthcare business and used the money to fund her 2021 campaign, federal prosecutors said on Wednesday.
November 19, 2025
FDIC's Hill Advances In Senate Amid Dem Stonewalling Claims

Acting Federal Deposit Insurance Corp. Chairman Travis Hill's bid for a permanent term cleared a key hurdle Wednesday as the U.S. Senate Banking Committee advanced his nomination along with several other picks from the Trump White House.
November 19, 2025
Justices Told Presidential Firing Limits Is An 'Originalist' Idea

A bipartisan collection of current and former government officials has urged the U.S. Supreme Court to uphold a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, claiming the precedent has roots that date back to the country's founding and reflects key separation of powers principles.
November 19, 2025
DC Judge Revives Contempt Probe Of Alien Enemy Removals

U.S. District Judge James Boasberg said Wednesday he would quickly move forward with a renewed contempt probe into whether the Trump administration defied his order barring removals of suspected Venezuelan gang members under the 1798 Alien Enemies Act.
November 19, 2025
Trump's CFTC Nom Grilled On Possible Crypto Leadership

President Donald Trump's nominee to lead the U.S. Commodity Futures Trading Commission was asked by senators on Wednesday whether the agency has enough money and staff to be handed the keys to crypto market oversight, but Michael Selig declined to commit to pushing for additional funding or for a full complement of commissioners if confirmed.
November 19, 2025
Lawmakers Urge High Court To Curb SEC's Receivership Powers

A group of Republican lawmakers is urging the U.S. Supreme Court to take up a Texas businessman's case challenging the U.S. Securities and Exchange Commission's ability to place businesses into court-appointed receivership before a trial.
November 19, 2025
Is 'Red Book' Best For Drug Pricing? Pa. Justices Ask

The Pennsylvania Supreme Court seemed skeptical Wednesday that the state workers' compensation authorities were using the best guide to calculate pharmacy reimbursements for injured workers' prescription drugs, with the justices questioning the fairness of the industry's long-used "red book" method.
November 19, 2025
SEC Enforcement Actions Plunged After Gensler, Report Says

The U.S. Securities and Exchange Commission brought far fewer enforcement actions against public companies and subsidiaries after its Biden-era leader Gary Gensler departed, with the former chair bringing 52 of the 56 actions the agency initiated in fiscal 2025 despite stepping down in January.
November 19, 2025
4 Groups Urge FCC To Reject Charter, Cox Merger

Four public interest groups petitioned the Federal Communications Commission on Tuesday to block the $34.5 billion merger agreement between cable giants Charter and Cox.
November 19, 2025
La. Gets Access To BEAD Funds, 17 Other State Plans Get OK

Louisiana has become the first state to gain access to Broadband Equity, Access and Deployment program funds, according to the National Telecommunications and Information Administration, which said it has also given the green light to 17 other states and territories' final plans.
November 19, 2025
4th Circ. Says Immigration Board Ignored Key Evidence

A split Fourth Circuit panel has said immigration courts ignored evidence of the threats a Honduran man faced from MS-13 gang members if he was sent back to that country, while a dissenting judge faulted him for not reporting to police alleged harms.
November 19, 2025
NJ Construction Co. Sues Over Hudson Tunnel Union Limits

A New Jersey construction company wants to delay bidding for part of the $16 billion Hudson Tunnel Project, claiming in a federal lawsuit that the multistate commission overseeing the project unlawfully barred employing the United Steelworkers union currently representing the company's workers.
November 19, 2025
Kalshi Says Sports 'Swaps' Not Bets In Bid To End Mass. Suit

Prediction market KalshiEX asked a Massachusetts state court to throw out a suit by state regulators alleging that its sports "event contracts" are illegal gambling, saying the U.S. Commodity Futures Trading Commission has already given its imprimatur to the products.
November 19, 2025
Senate GOP Resists Extending Expanded ACA Tax Premiums

Senate Finance Committee Democrats on Wednesday urged their Republican counterparts to extend the enhanced tax credits for the Affordable Care Act, which is set to expire at the end of the year, but Republicans said they were looking for other options to address rising healthcare costs.
November 19, 2025
NY Judge Halts DHS' Protected Status Termination For Syrians

A New York federal judge on Wednesday expressed disbelief that the Trump administration adequately considered local conditions when ending Temporary Protected Status for those facing danger in their home countries, staying the decision to end the program for Syrians.
November 19, 2025
Christian Org. Gets Permanent Block On PWFA Abortion Regs

The U.S. Equal Employment Opportunity Commission won't require a Missouri-based Christian education foundation to provide workplace accommodations for workers who get abortions, agreeing to an injunction as part of a deal ending the nonprofit's lawsuit over the agency's Pregnant Workers Fairness Act regulations.

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

When Mortgage Data Can't Prove Discriminatory Lending

As plaintiffs continue to use Home Mortgage Disclosure Act data as grounds for class actions, attorneys must consider the limits of a statistics-only approach and the need for manual loan file review to confirm indications of potential discriminatory lending, say Abe Chernin, Shane Oka and Kevin Oswald at Cornerstone Research.
Justices' Ruling Will Ease Foreign Arbitral Award Enforcement

The U.S. Supreme Court's recent decision in Fuld v. Palestine Liberation Organization suggests that U.S. courts can constitutionally decide whether to recognize and enforce foreign arbitral awards in accordance with U.S. treaty obligations, regardless of the award debtor's connections to the U.S., says David Cinotti at Pashman Stein.
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.
FDA Biosimilar Guidance Should Ease Biologics Development

New draft guidance from the U.S. Food and Drug Administration, indicating that the agency may no longer routinely require comparative efficacy studies when other evidence provides sufficient assurance of biosimilarity, underscores the FDA's trust in analytical technology as a driver of biologics access, say attorneys at Hogan Lovells.
Preparing For Treasury's Small Biz Certification Audits

To prepare for the U.S. Department of the Treasury’s recently announced audit of small and disadvantaged government contractors, companies should assess the records that supported their prior certifications and confirm their current eligibility, particularly if they share ownership with another entity or were recently acquired, say attorneys at Morgan Lewis.
4chan's US Lawsuit May Affect UK Online Safety Law Reach

4chan and Kiwi Farms’ pending case against the Office of Communications in a D.C. federal court, arguing that their constitutional rights have been violated, could have far-reaching implications for the extraterritorial enforcement of the U.K. Online Safety Act and other laws if successful, say lawyers at Taylor Wessing.
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.