Public Policy

  • November 05, 2026

    Blue Congress, Red Regulators: 5 FinReg Predictions

    Lawmakers are set to return to Washington, D.C., next week for the final stretch of Republican control on Capitol Hill before Democrats take over, a reversal that is reshaping the outlook for financial services oversight in the remainder of President Donald Trump's term.

  • November 05, 2026

    LDS Church Seeks To Exit Sex Abuse Survivors' Lawsuit

    The Church of Jesus Christ of Latter-day Saints has urged a Washington federal court to dismiss a lawsuit accusing the church of enabling sexual abuse by a man who previously pled guilty to raping his daughter, arguing that David Herget's crimes against the plaintiffs were unforeseeable and that the church had no duty to protect them.

  • November 05, 2026

    Colo. Judge Denies Bid To Continue Hemp Venture Trial

    A Colorado federal judge denied a hemp entrepreneur's request to delay a trial in his suit accusing a family farm of stealing his share of hemp harvest, worth at least $9.9 million, saying he should have attached medical records if he was going to claim his health precluded him from attending.

  • November 05, 2026

    5th Circ. Pushes Texas To Explain ESG Energy Boycott Law

    A Fifth Circuit panel pushed the state of Texas to explain how a law restricting state investments with businesses that want to cut their reliance on fossil fuels passes constitutional muster, saying Thursday there "seems to be an arbitrariness" in the law.

  • November 05, 2026

    Blue Wave May Usher In New Era Of State Climate Action

    After the midterm blue wave, environmental advocates are looking to newly flipped statehouses to pass strong climate laws in the face of the federal government's retreat from greenhouse gas regulation.

  • November 05, 2026

    Meta, TikTok, Google Say Calif. Teen Feed Ban Is Censorship

    Meta, TikTok and Google have sued California to block a new law that bans social media platforms from allowing children under 16 certain features like personalized feeds, saying in separate complaints that the law violates the First Amendment and is barred by Section 230.

  • November 05, 2026

    Calif. Gov. Newsom Seeks To Empty Death Row At Term's End

    Outgoing California Gov. Gavin Newsom moved to commute the sentences of all 548 of the state's death row prisoners to life without parole, saying Thursday that the death penalty was morally unjustifiable.

  • November 05, 2026

    Ga. Utility Board Likely To Tighten Rules For Data Centers

    The new Democratic majority at the Georgia Public Service Commission could mean tougher rules for big power users like data centers, experts told Law360, but legal limitations and the slow-moving nature of energy planning may blunt the near-term effect of the commission's shake-up.

  • November 05, 2026

    CFTC Directs Prediction Markets To Stop Geo-Blocking Users

    The U.S. Commodity Futures Trading Commission on Thursday directed prediction market platforms and other registrants to ensure nationwide access to their offerings, which could set up a challenging scenario for platforms under court orders to block some contracts in certain states as part of ongoing prediction market litigation.

  • November 05, 2026

    DOJ Says Bannon Trial Was Unfair In Push To Toss Conviction

    Federal prosecutors Thursday renewed their bid to vacate Steve Bannon's contempt-of-Congress conviction and dismiss the indictment with prejudice, telling a Washington, D.C., federal judge they have significant doubts about the fairness of his trial because circuit precedent barred him from arguing he had not "willfully" defied a congressional subpoena.

  • November 05, 2026

    In Moderna Row, Fed. Circ. Mulls What's 'For The Government'

    The Federal Circuit on Thursday took a critical look at a lower court's decision concluding that Moderna had to face Arbutus' infringement claims over its COVID-19 vaccines, with one judge repeatedly asking why Moderna's vaccine efforts weren't "for the government" within the meaning of a statutory shield for contractors.

  • November 05, 2026

    Chicago DOJ Doc Deadline Moves, Probe Testimony May Too

    An Illinois federal judge who is looking to explore the extent to which Chicago prosecutors misrepresented their work surrounding a push to indict six "Operation Midway Blitz" protesters extended the government's document production deadline again Thursday, as a prosecutor expected to testify asked the judge to consider postponing that upcoming hearing.

  • November 05, 2026

    Judge Pauses Ban On New ACA Insurance Brokers

    A Maryland federal judge on Thursday paused a U.S. Department of Health and Human Services rule barring new insurance agents and brokers from signing up to sell plans on the Affordable Care Act marketplace for 2027, holding that HHS likely had to solicit public comment before issuing the rule.

  • November 05, 2026

    DOD Book Ban Injunction Will Follow Transferring Students

    A Virginia federal judge on Thursday expanded an order that halted the removal and ban of school library books and lessons so that it follows each plaintiff-student to any U.S. Department of Defense school they attend.

  • November 05, 2026

    Trump's Hush Money Conviction Examined By Wary NY Panel

    A New York State appellate court Thursday quizzed attorneys for President Donald Trump and state prosecutors over his hush-money conviction, exploring defense counsel's claims that the district attorney trespassed into federal jurisdiction by charging election violations and trampled on presidential immunity in a case "infected with multiple fatal errors."

  • November 05, 2026

    DOJ Can't Tie State Grants To Immigration Enforcement

    A Rhode Island federal judge has granted a coalition of states' bid to permanently bar the Trump administration from conditioning federal public safety grants on the states' cooperation with the administration's immigration enforcement priorities, vacating the funding conditions as unlawful.

  • November 05, 2026

    Examiner Attrition Threatens USPTO Backlog Push, GAO Says

    Patent examiner attrition caused by new production goals has put the U.S. Patent and Trademark Office's efforts at reducing the backlog of patent applications at risk, according to a new report issued Thursday by the Government Accountability Office.

  • November 05, 2026

    HHS Seeks To End Suit Over Aid Recipient Data Sharing

    The Department of Health and Human Services is asking a New York federal judge to either rule in its favor or otherwise throw out a suit focused on whether HHS is allowed to share personal information with the Department of Homeland Security and other agencies.

  • November 05, 2026

    Tax Court Denies Partnerships' $46.1M Charitable Deductions

    Two Georgia partnerships that formed to buy adjacent tracts of rural, mountainous land in Tennessee improperly claimed charitable contribution deductions of about $26.7 million and $19.4 million, the U.S. Tax Court ruled Thursday, saying the companies failed to obtain a qualified appraisal.

  • November 05, 2026

    Top Groups Lobbying The FCC

    Lobbying activity at the Federal Communications Commission stayed about even in October versus the month before as groups looked to influence FCC policies on issues like prison cellphone jamming, the upcoming auction of C-band airwaves, satellite coverage for smartphones and more.

  • November 05, 2026

    Stripes Subscribers Press Court To Undo Pentagon Rules

    Subscribers to the military news outlet Stars and Stripes asked a D.C. federal judge to strike down a series of policy and governance changes from the U.S. Department of Defense that curtail the publication's independence.

  • November 05, 2026

    Immigration Attys Push To Restore Detainees To ICE Database

    Legal aid groups on Wednesday urged a Massachusetts federal judge to order the Trump administration to restore access to information about the whereabouts of thousands of detained people whose records suddenly disappeared from an online database.

  • November 05, 2026

    Mich. Court Revives Drowning Claims Over Park Revenue

    A Michigan state appeals court panel on Wednesday revived two claims in a lawsuit against the City of Muskegon connected with the 2022 drowning death of a 19-year-old college athlete at a city park, finding that further proceedings are needed to determine if the city is shielded by government immunity.

  • November 05, 2026

    Mass. Voters Widen Records Law, Teeing Up New Legal Fights

    After voting to allow an audit of the Legislature in 2024, the Massachusetts electorate overwhelmingly passed a ballot initiative Tuesday expanding public records law to include the governor and Legislature, but experts told Law360 that another round of litigation looms.

  • November 05, 2026

    IRS Wrongly Rejected $28.8M Easement Claim, Tax Court Told

    The IRS wrongly asserted a roughly $10.6 million income tax underpayment and $4.3 million in penalties against an Alabama partnership, the company told the U.S. Tax Court, disputing the agency's determination that it failed to show it's entitled to a $28.8 million charitable contribution claimed for a conservation easement donation.

Expert Analysis

  • How Senate-Passed Bill May Reshape NCAA Antitrust Liability

    Author Photo

    With the U.S. Senate's recent passage of the Protect College Sports Act, practitioners should not wait for the U.S. House of Representatives' approval to prepare for shifts in potential antitrust protections, compensation, media rights deals and conference mergers, say attorneys at Norton Rose.

  • Uniting BSA, Sanctions Compliance As Treasury Targets Iran

    Author Photo

    The past 18 months of Treasury Department policies demonstrate expectations that financial institutions not merely obey sanctions against Iran, but also help expose how it moves money, making it essential that banks eliminate silos between their Bank Secrecy Act and sanctions compliance teams for an integrated response, says Jonathan Harrington at Bradley Arant.

  • Digging Into Dems' Letter On Subpoena Secrecy Demands

    Author Photo

    Lawmakers’ recent letter arguing that federal agencies’ use of boilerplate nondisclosure language in subpoenas pressures recipients into silence may lead to a significant overhaul of the current framework, but in the meantime, companies should review their rights and options, say attorneys at Crowell & Moring.

  • How Bank Lobby's Suit Tests OCC's Crypto Charter Powers

    Author Photo

    The Independent Community Bankers of America’s recent lawsuit challenging the Office of the Comptroller of the Currency’s ability to charter cryptocurrency companies marks another chapter in the struggle over the appropriate regulatory framework for digital assets, while raising a classic administrative law question at its most basic level, say attorneys at Ballard Spahr.

  • 4 Steps For Cos. Amid Russia Sanctions Law Uncertainty

    Author Photo

    Russian companies, their U.S. subsidiaries and businesses with Russian commercial relationships should take concrete steps to determine their exposure under ambiguous provisions of legislation that recently expanded the scope of U.S. sanctions, notwithstanding an Oct. 16 executive order waiving most of its restrictions, say attorneys at Wilk Auslander.

  • New Calif. Law Ties Finance Contracts To State Licensing

    Author Photo

    Under a California law taking effect in 2028, commercial financing licensing requirements have been substantially expanded — meaning that fintechs relying on limited regulatory enforcement will face risk from their own borrowers, who could use licensing failures to resist repayment, say attorneys at Husch Blackwell.

  • 3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

    Author Photo

    The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.

  • How FCC Robocall Rules Reshape TCPA Opt-Out Compliance

    Author Photo

    The Federal Communications Commission's recent changes to its Telephone Consumer Protection Act rules may simplify how businesses process consumer opt outs for robocalls and robotexts, but they also introduce nuances to the opt-out process that may be challenging to operationalize, say attorneys at Hunton.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

    Author Photo

    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

  • Managing Employer Risk Under Calif.'s No Robo Bosses Law

    Author Photo

    California's No Robo Bosses Act marks the state's first statutory limit on using artificial intelligence in employee discipline and termination decisions, creating exposure for employers through its corroboration and notice requirements, burden-shifting framework, and potential reach under the Private Attorneys General Act, say attorneys at Reed Smith.

  • IRS Rule May Put Private Schools' Exempt Status At Risk

    Author Photo

    In light of recently proposed Treasury regulations that would narrow the options for diversifying student communities, private schools should reexamine how race enters their admissions, financial aid and student programs or risk losing tax-exempt status, say attorneys at Atkinson Andelson.

  • AG Watch: Minnesota Takes Action To Secure Child Safety

    Author Photo

    Minnesota Attorney General Keith Ellison has built one of the most aggressive and structurally coherent child protection enforcement programs in the country, targeting consumer-facing sectors that his office has concluded prey on minors, such as tobacco and nicotine, social media platforms, and artificial intelligence, say attorneys at Crowell & Moring.

  • Southern Glazer's Deal Tests FTC's Robinson-Patman Push

    Author Photo

    A California federal court's recent decision in Federal Trade Commission v. Southern Glazer's secures a rare Robinson-Patman Act pricing limitations agreement, but conditions attached to the decision indicate that practitioners may only see a handful of new private RPA cases a year, says Steven Cernak at Bona Law.

  • Opinion

    The SEC Crypto Proposal Rests On A Term No One Can Define

    Author Photo

    The U.S. Securities and Exchange Commission's recently proposed Regulation Crypto Assets is its most ambitious attempt to set rules for the crypto industry, but its repeated use of the phrase "essential managerial efforts" means it perpetuates the uncertainty the regime is meant to cure, says Joseph A. Hall at Davis Polk.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

    Author Photo

    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Public Policy archive.