Public Policy

  • May 13, 2026

    Oversight Bill For FCC's High Cost Program Signed Into Law

    The Rural Broadband Protection Act, which aims to establish a vetting process for internet service providers who are taking part in the Federal Communications Commission's "high cost" program, has finally made it into law after being filed several times over the last couple of years.

  • May 13, 2026

    Empire Wind Seeks Permanent End To Stop-Work Order

    The developers of a $4 billion offshore wind energy project that should power half a million New York homes once it's finished believe it's time for a D.C. federal judge to once and for all tell the Trump administration that it cannot interfere with its construction.

  • May 13, 2026

    Squires Hits Pause On Unpopular Examiner Sign-Off Policy

    The U.S. Patent and Trademark Office director has paused a policy requiring that supervisory patent examiners sign off on some first actions by examiners who have signatory authority, a policy that's been unpopular with examination staff since its rollout in the fall, Law360 has learned.

  • May 13, 2026

    4th Circ. Says Prison Misconduct Sank Sentence Cut Bid

    The Fourth Circuit has ruled that a Virginia man convicted of illegal ammunition possession should be made to serve an entire federal sentence, despite being eligible for a reduction under recently revised sentencing guidelines.

  • May 13, 2026

    1st Circ. Doubts Trump Admin's 3rd-Country Removal Policy

    The First Circuit on Wednesday questioned the sufficiency of a country's diplomatic assurances that a noncitizen won't be persecuted or tortured if the Trump administration deports them there, and whether such assurances eliminate obligations to provide notice to the deportee.

  • May 13, 2026

    2nd Circ. Backs Fed Reserve's Power To Cut Master Accounts

    The Federal Reserve has broad discretion to cut financial institutions off from master accounts, the Second Circuit ruled Wednesday, rejecting a Puerto Rico bank's argument that it has a statutory right to what is commonly referred to as "bank accounts for banks."

  • May 13, 2026

    NCAA Says Injunction Mooted WVU Players' Eligibility Suit

    The NCAA has asked a West Virginia federal judge to toss the antitrust suit of four football players, arguing that the athletes lack standing because a preliminary injunction that allowed them to play during the 2025-26 season remedied their alleged injuries.

  • May 13, 2026

    Pa. School OK To Remove List Of 'Infamous' Strikebreakers

    A divided Pennsylvania appeals panel on Wednesday held that administrators at a Pennsylvania university were allowed to remove a list of "infamous" strike-breaking union faculty members from a public bulletin board, even though the posting itself was legally protected.

  • May 13, 2026

    4th Circ. Judge Flags Energy Shortage Harms In Pipeline Fight

    A Fourth Circuit judge on Wednesday appeared less than pleased with counsel for a collection of environmental groups during a hearing to consider halting construction on an interstate pipeline, calling attention to the "one sentence" devoted to the public harm of ongoing energy shortages.

  • May 13, 2026

    Arbitrators See Global Stakes In Trump BigLaw EO Fight

    Ahead of a D.C. Circuit hearing on Thursday in the Trump administration's effort to revive executive orders imposed against four BigLaw firms, an official at the College of Commercial Arbitrators told Law360 this week there are several things arbitrators are going to be watching for.

  • May 13, 2026

    HealthSplash CEO Found Guilty In $450M Medicare Fraud Trial

    A Florida federal jury found a former healthcare company executive guilty on Wednesday of swindling Medicare out of $450 million with software that created false prescriptions for orthotic braces.

  • May 13, 2026

    CMS To Keep $1.3B From Calif., Halt New Hospice Enrollment

    The federal government on Wednesday announced it will defer more than $1.3 billion in Medicaid funds from California and halt new Medicare enrollments for hospices and home health agencies, saying it was part of an effort to crack down on fraudulent activity.

  • May 13, 2026

    SEC's New Enforcement Chief Touts 'Back To Basics' Message

    The U.S. Securities and Exchange Commission's new head of enforcement affirmed Wednesday that he fully supports Chairman Paul Atkins' focus on "quality over quantity" regarding cases, amid a dramatic decrease in original enforcement actions at the agency.

  • May 13, 2026

    Full 5th Circ. Weighs Jackson, Mississippi, Lead Poisoning Claims

    The full Fifth Circuit on Tuesday weighed whether to keep intact a lawsuit alleging the city of Jackson, Mississippi, poisoned its residents by allowing lead to leach into the water supply, asking what level of lead in the water would constitute "shocking the conscience."

  • May 13, 2026

    Mich. Panel Revives FOIA Suit, Finds Defense Frivolous

    A Michigan appellate panel partly revived a Freedom of Information Act lawsuit against a Detroit-area prosecutor's office, ruling that the office failed to adequately justify withholding records related to threats against the prosecutor and her staff, while also finding that one of its legal defenses was frivolous and sanctionable. 

  • May 13, 2026

    Feds' Sanctuary City Suit Against Boston Scrutinized

    A Massachusetts federal judge appeared poised Wednesday to throw out a Trump administration lawsuit against the city of Boston over its "sanctuary city" policy limiting cooperation with federal immigration agents.

  • May 13, 2026

    Conn. PFAS Plaintiffs Deny Forum Shopping In Montana Suit

    The City of Stamford and a local fire district are pushing back against a bid by 3M and others to sanction them for moving their claims from Connecticut to Montana, saying the sanctions bid misrepresents the facts and circumstances motivating them to join the litigation.

  • May 13, 2026

    Israel, Diplomat Hit With Suit Alleging Damage To Ga. Home

    The state of Israel and an Israeli diplomat owe a property owner thousands of dollars over homeowners association violations, lease breaches and damage done to his Atlanta home when it was leased for the diplomat and her family to live in, according to a suit filed Wednesday in Georgia federal court.

  • May 13, 2026

    10th Circ. Doubts Bid To Undo Colo. Land Swap

    A Tenth Circuit panel appeared unsure that an appraisal of a land exchange between the federal government and a private landowner must be publicly disclosed under federal law, despite claims to the contrary from an attorney representing Colorado Wild Public Lands at oral argument Wednesday.

  • May 13, 2026

    Native Activist Urges Justices To Uphold Assault Ruling

    An Indigenous activist is asking the U.S. Supreme Court to deny a federal government petition that looks to overturn a Tenth Circuit decision that said he can't be convicted of simple assault under the Major Crimes Act, telling the justices that the government's "bizarre" arguments flout the law's plain text.

  • May 13, 2026

    Lawmakers Float Allowing Charitable Gifts From 401(k) Plans

    A bipartisan group of federal lawmakers on Wednesday introduced a bill that would allow workers to make tax-free charitable donations directly from their employer-sponsored retirement plans, building on a section of the retirement policy overhaul known as Secure 2.0.

  • May 13, 2026

    Calif. Gas Station Leak Suit Came Too Late, Judge Says

    A California federal judge has dismissed a lawsuit accusing Marathon Petroleum Corp. and Tesoro Companies of failing to handle carcinogenic exposure from a gas station, saying the claims were brought too late.

  • May 13, 2026

    Creek High Court Ends Freedmen Citizenship Contempt Bid

    The (Muscogee) Creek Supreme Court won't hold the tribe's citizenship board or executive branch in contempt over an order that gives citizenship to those once enslaved by the Indigenous nation, saying the governmental entities have shown that they're taking steps to comply with the directive, albeit slowly.

  • May 13, 2026

    Mass. Audit Fight Not Over As AG Is Ripped For Comments

    Massachusetts' auditor said Wednesday that she may file more litigation over her ongoing bid to audit the state legislature, sharply pushing back on statements by the state attorney general that suggested any review would be cabined.

  • May 13, 2026

    Bipartisan Bill Would Require ICE Training On Tribal IDs

    A bipartisan bill aims to improve how immigration officials interact with Native Americans following reports that members of Indigenous communities are getting swept up in immigration raids and of officers not accepting their Tribal IDs despite them being U.S. citizens. 

Expert Analysis

  • Calif. Case Raises Questions For Medical Practice Investors

    Author Photo

    The California attorney general's amicus brief in Art Center v. WCE and the California Medical Association's response highlight how the California appeals court's ruling could significantly affect the structure and enforceability of succession arrangements in medical practice ownership, say attorneys at Ropes & Gray.

  • Previewing FDA Preapproval Access In Psychedelics EO

    Author Photo

    The second of two pathways for psychedelic drug access outlined in President Donald Trump's recent executive order constitutes an unprecedented expansion of the Right to Try Act, which could fundamentally alter the psychedelic access landscape while presenting significant regulatory, operational and legal challenges, say attorneys at Husch Blackwell.

  • How Data Center Accounting May Draw Enforcement Scrutiny

    Author Photo

    As public and media scrutiny of the data center industry intensifies, regulators, enforcement authorities and Congress will likely focus on accounting judgments that rely on aggressive assumptions, opaque financing structures or rapidly evolving collateral classes, heightening the risk of investigations and inquiries, say attorneys at King & Spalding.

  • NY's Growing Enviro Reg Framework Will Transform Projects

    Author Photo

    Three closely connected environmental rulemakings in New York state — concerning greenhouse gas reporting, remediation standards and amendments to the State Environmental Quality Review Act — have reached critical stages, and taken together, they will have major impacts on business operations, construction project timelines and transactional risk, say attorneys at Holland & Knight.

  • Main St. Bank Bill Could Spur Lending, Ease Barriers To Entry

    Author Photo

    Recently approved by the U.S. House Financial Services Committee, the Main Street Capital Access Act, if passed, would provide senior bank leadership with a framework that could influence how banks pursue growth, particularly at community and regional midsize institutions, says Melody Charlton at FBT Gibbons.

  • Previewing FDA National Priority Vouchers In Psychedelics EO

    Author Photo

    President Donald Trump's recent executive order on psychedelic drug access represents a watershed moment in federal drug policy, but its significance lies in two distinct regulatory pathways, the first being the Commissioner's National Priority Vouchers, which offer a significant opportunity to compress U.S. Food and Drug Administration review, say Kimberly Chew at Husch Blackwell and Odette Hauke at Odette Alina.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

    Author Photo

    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • Why Product-Based Public Nuisance Claims May Be Waning

    Author Photo

    The Maryland Supreme Court's recent decision in Express Scripts v. Anne Arundel County is the latest in a national trend of rulings rejecting product-based public nuisance claims — but other forms of government litigation against companies that allegedly increase the cost of public services are likely to continue, say attorneys at Simpson Thacher.

  • How Banks And Fintechs Can Build COPPA-Ready Youth Apps

    Author Photo

    Recent Children's Online Privacy Protection Act and state law activity expanding children's data protections underscore compliance considerations for bank-fintech partnerships offering digital financial tech products for youth, including age-gating, data minimization and parental control, says Erin Illman at Bradley Arant.

  • State Of Insurance: Q1 Notes From Illinois

    Author Photo

    Matthew Fortin at BatesCarey discusses notable insurance developments in Illinois, including the state Supreme Court's highly anticipated Griffith Foods v. National Union Fire Insurance ruling, two bulletins from the Department of Insurance directed at public adjusters and a Seventh Circuit decision precluding a "super excess" tier of coverage.

  • Improving Well-Being In Law, 10 Years After Landmark Study

    Author Photo

    An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

  • How To Gear Up For Trump's Pharma Tariffs

    Author Photo

    President Donald Trump's proclamation establishing tariffs on certain pharmaceutical products holds a few areas of ambiguity that companies should review and prepare for before the tariffs come into effect later this year, say attorneys at Arnold & Porter.

  • Mapping Bank Exec Clawback Risk Ahead Of Revived Bill

    Author Photo

    The reintroduction of the Failed Bank Executives Clawback Act would allow recovery of executive compensation after bank failures, making it important for executives and counsel to take steps such as mapping compensation, reviewing employment agreements, documenting decisions, and confirming D&O insurance, says Drew Jones at Diamond McCarthy.

  • AG Watch: Texas Charts A Course On Investigative Authority

    Author Photo

    The Texas Supreme Court's recent decision in Texas v. PFLAG affirmed, and arguably expanded, the Texas attorney general's civil investigative demand authority, providing a road map that other courts evaluating state attorney general CIDs may find instructive, amid a lack of precedent, say attorneys at Kelley Drye.

  • 8 Reasons To Consider Maryland As A 'DExit' Option

    Author Photo

    While Nevada and Texas have garnered the most attention as alternative states of incorporation for companies considering leaving Delaware, Maryland offers considerable benefits too, including a predictable statutory framework, robust anti-takeover protections, sophisticated business courts with decades of experience, and more, say attorneys at Miles & Stockbridge.

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.