Public Policy

  • August 13, 2025

    High Court's Trans Ruling Doesn't Change Insurer's ACA Loss

    A Washington federal judge has reaffirmed his finding that Premera Blue Cross' coverage policy for gender-affirming chest surgery violates the Affordable Care Act, rejecting the insurer's bid for a redo following the Supreme Court's decision in U.S. v. Skrmetti.

  • August 13, 2025

    Trump Taps Democratic Commissioner As Acting FERC Chair

    President Donald Trump on Wednesday named Democratic Commissioner David Rosner as acting chair of the Federal Energy Regulatory Commission, citing his support for expanding the electric grid to better serve data centers and artificial intelligence, which is an administration priority.

  • August 13, 2025

    Trump Admin Bid To Kill SSA Data Suit Ruled Premature

    The Trump administration can't fight an injunction in Maryland federal court and the Fourth Circuit simultaneously, a Maryland federal judge said Wednesday, tabling the administration's dismissal bid while the Fourth Circuit considers whether to lift a ban on the Department of Government Efficiency accessing unredacted Social Security data.

  • August 13, 2025

    8th Circ. Revives Ark. Ban On Youth Gender-Affirming Care

    A split Eighth Circuit en banc panel revived an Arkansas state law banning gender-affirming care for minors, finding that a district court erred in blocking the law because it does not discriminate based on sex but instead classifies based only on age and medical procedure.

  • August 13, 2025

    Trump's Troop Deployment In Calif. Troubles Judge

    A California federal judge overseeing a bench trial over the state's claims that President Donald Trump unlawfully deployed troops there told a U.S. Justice Department lawyer Wednesday that he was troubled by the seeming lack of limits on the use of the soldiers once they're in place.

  • August 13, 2025

    Trump's 'Debanking' Push May Run Up Against Biden-Era Wall

    President Donald Trump wants federal regulators to punish banks that they find have unfairly closed accounts belonging to conservatives, but those plans could collide with a court decision that his administration chose to stop fighting earlier this year.

  • August 13, 2025

    DC Circ. Greenlights Trump's Freeze On Foreign Aid

    A divided D.C. Circuit on Wednesday lifted an injunction requiring the Trump administration to release funding for foreign aid work done before Feb. 13, with a dissenting judge saying the decision lets the administration sidestep judicial review of unconstitutional actions.

  • August 13, 2025

    Gun Rights Orgs. Drop NJ Gov. From Suit Over Age Limits

    Two firearm-ownership advocacy groups and a New Jersey teen seeking to invalidate prohibitions on teens buying and carrying handguns have dropped New Jersey Gov. Phil Murphy from their lawsuit, choosing to focus on other state officials and U.S. Attorney General Pam Bondi.

  • August 13, 2025

    Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling

    A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told Law360.

  • August 27, 2025

    Water Law & Real Estate: A Special Report

    What's more summery than a trip to the shore? That's where Law360 Real Estate Authority has headed — not for a break, but for a special section looking at waterfront real estate, from coastal development challenges to big projects and the lawyers keeping them on course.

  • August 13, 2025

    FCC Waives Local Radio Ownership Cap In East Texas

    The Federal Communications Commission will allow an acquisition of several commercial FM radio stations in east Texas to go through by waiving the agency's local ownership cap, the agency said Wednesday.

  • August 13, 2025

    Wash. Agencies Must Give Up Docs In Medicaid Fraud Case

    A Washington federal judge has ordered the state attorney general's office to hand over certain records to a hospital system accused of overbilling Medicaid in connection to a neurosurgeon's fraud scheme, rejecting the argument that the documents at issue belong to other state agencies that must be subpoenaed.

  • August 13, 2025

    5th Circ. Again Reverses Class Cert. In Kids' Medicaid Suit

    The Fifth Circuit again on Tuesday instructed a Louisiana court to narrow the definition of a class of patients who allege that the state's health department has failed to provide mental health services for Medicaid-eligible children.

  • August 13, 2025

    2nd Circ. Upholds Ban On Certain SALT Cap Workarounds

    An Internal Revenue Service rule prohibiting charitable donation workarounds to the federal cap on state and local tax deductions will remain in place, a Second Circuit panel said Wednesday, affirming a district court determination that upheld the agency's ban on the programs.

  • August 13, 2025

    USPTO Caps Briefs At 20 Pages For Discretionary Reviews

    Patent owners and challengers will be limited to 20-page briefs when arguing over whether a Patent Trial and Appeal Board petition should be discretionarily denied, board leaders announced Wednesday in a webinar.

  • August 13, 2025

    Judge Blocks Trump Restrictions For $12B In Federal Grants

    A Washington federal judge temporarily blocked restrictions imposed by the Trump administration, such as an anti-gender ideology restriction, on access to more than $12 billion worth of federal grants, ruling in part that the federal government exceeded its authority.

  • August 13, 2025

    FCC Pushes Back Prison Call Fee Reports After Rule Delay

    The Federal Communications Commission is giving prison phone companies more time to file annual reports and certifications, saying that the companies would not have otherwise had "sufficient time for a fulsome response."

  • August 13, 2025

    Pa. Judge Ends Employers' Expanded Birth Control Exemptions

    A Pennsylvania federal judge on Wednesday struck down rules set by the first Trump administration enabling employers to refuse coverage of employees' contraceptives on moral and religious grounds, holding that the government failed to provide a good reason for the broadening of exemptions.

  • August 13, 2025

    High Court May Take Up Ban On Under-21 Handgun Purchases

    The U.S. Supreme Court has been asked to decide whether Congress is violating the Constitution by banning the sale of handguns to people under 21 years old, and it has given the government extra time to give its thoughts on what the justices should do.

  • August 13, 2025

    Media Matters Judge 'Troubled' By FTC Subpoena Args

    A D.C. federal judge reacted with incredulity Wednesday to Federal Trade Commission arguments that Media Matters can't challenge a subpoena unless the agency itself sues to enforce it, adding during a hearing that the FTC can't ignore its current leadership's recent history of targeting progressives.

  • August 13, 2025

    Settlement Win Protects In-Home Care For 280,000 NYers

    The New York State Health Department has resolved a class action filed by a group of chronically ill Medicaid recipients who accused the state of violating their due process rights by failing to provide enough time to register their home care workers through a new system, attorneys said on Wednesday.

  • August 13, 2025

    Mich. Tribe Can't Get $1.5M In Legal Fees In Recognition Fight

    A D.C. federal court judge on Wednesday denied a Michigan tribe's bid to recoup $1.5 million in legal fees from the U.S. Department of the Interior over the tribe's challenge to a federal recognition status denial, saying the motion is untimely because a decision to remand the dispute is final.

  • August 13, 2025

    Cloud Services Co. Asks FCC To Grant Numbering Access

    OXIO Inc. is seeking to bring its cloud-based telecom services to the U.S. market, but needs the Federal Communications Commission to authorize the mobile numbers its customers would use.

  • August 13, 2025

    USPTO Officially Ends Expedited Exams For Design Patents

    The U.S. Patent and Trademark Office will terminate a program that allowed for faster examinations of design patents, saying there had been a 560% increase in requests for expedited reviews as a result of fraudulent applications.

  • August 13, 2025

    2nd Circ. Asked To Review Bid To Bar NYC Congestion Pricing

    The Second Circuit should review a federal court's decision to grant the Metropolitan Transportation Authority and Triborough Bridge and Tunnel Authority's bid to dismiss a pair of lawsuits alleging Manhattan's congestion pricing tolls are discriminatory and trample on motorists' right to travel, a New York county argued Tuesday.

Expert Analysis

  • What Baseball Can Teach Criminal Attys About Rule Of Lenity

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    Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • Focusing On Fluoride: From FDA To Class Action

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    A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.

  • How Energy Cos. Can Prepare For Potential Tax Credit Cuts

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    The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.

  • The CFTC Is Shaking Up Sports Betting's Legal Future

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    The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.

  • DOJ Atty Firing Highlights Tension Between 2 Ethical Duties

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    The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Fla. Condo Law Fix Clarifies Control Of Common Areas

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    Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.

  • Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs

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    In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.

  • Shareholder Takeaways From NY Internal Affairs Doctrine Suit

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    A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.

  • The Legal Fallout Of The Open Model AI Ecosystem

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    The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 3 Rulings May Reveal Next Frontier Of Gov't Contract Cases

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    Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.

  • How Ore. Law Puts New Confines On Corp. Health Ownership

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    A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.

  • Early Trends In Proxy Exclusion After SEC Relaxes Guidance

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    The U.S. Securities and Exchange Commission’s recent guidance broadening shareholder proposal exclusion under Rule 14a-8 has been undoubtedly useful to issuers this proxy season, but it does not guarantee exclusion, say attorneys at Debevoise.

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