Public Policy

  • October 02, 2025

    DOJ Beats Heritage Foundation Suit Over Hunter Biden Docs

    A Delaware federal judge has ruled against The Heritage Foundation in its Freedom of Information Act suit against the U.S. Department of Justice regarding documents withheld detailing the investigation of Hunter Biden, saying the government "adequately established" that harm would result from releasing the records.

  • October 02, 2025

    Comey's 1st Task: Decoding A Cryptic Indictment

    The criminal indictment of James B. Comey is unusually sparse for such a high-profile matter, leaving open questions for the ex-FBI director to probe that could shed more light on how the government intends to prove its case and create potential lines of attack for the defense, experts say.

  • October 02, 2025

    Court Warned Of Harm From Delaying Medical Device Merger

    A D.C. federal court refused to pause the Federal Trade Commission's case challenging Edwards Lifesciences Corp.'s planned acquisition of JenaValve Technology Inc. during the government shutdown after the companies argued that "time is of the essence" for a new lifesaving medical device.

  • October 02, 2025

    Arnold & Porter Bolsters DC Team With Energy Policy Adviser

    Arnold & Porter Kaye Scholer LLP has hired the former executive director of government affairs for the Americas and of U.S. federal relations at Air Products, an industrial gas company that works with clients in a range of industries, the firm announced Wednesday.

  • October 02, 2025

    Feds, Mont. Tribe Dispute $325K Law Enforcement Contract

    The Interior Department and the Northern Cheyenne Tribe are both asking for summary judgment wins in a dispute over law enforcement funding after the tribe accused the U.S. government of failing to provide it with adequate services to maintain programs on its 440,000-acre Montana reservation.

  • October 02, 2025

    Calif. Law Updates Rules For Tax-Defaulted Property Sales

    California has enacted a measure conforming the process of selling tax-defaulted property to a 2023 U.S. Supreme Court decision finding Minnesota violated the Fifth Amendment by keeping proceeds from a foreclosure sale that exceeded a tax debt.

  • October 02, 2025

    Snapshot: Delaware Expands Scope Of Anti-SLAPP Law

    Delaware's governor recently signed into law expanded protections against lawsuits meant to discourage public participation and speech, including broadening whose speech is protected and requiring those who do file such suits to possibly pay attorney fees and damages.

  • October 02, 2025

    Wis. Bill Seeks Awards For Tax Tip-Offs In Construction Biz

    Wisconsin would authorize monetary awards for people who provide information to the state Department of Revenue about construction industry employers believed to be violating state tax laws under a bill introduced in the state Assembly.

  • October 01, 2025

    States Say DOJ Can't Tie Victim Service Funds To Immigration

    Several state attorneys general sued the U.S. Department of Justice in Rhode Island federal court Wednesday over new restrictions prohibiting them from using federal funding that supports crime victims to provide services to "removable aliens," in violation of the Administrative Procedure Act and the U.S. Constitution's spending clause.

  • October 01, 2025

    FTC Halts Fraud Complaints, Spam Call Help Amid Shutdown

    The Federal Trade Commission said Wednesday that none of its mechanisms for reporting fraud, including identity theft, will be available to consumers while the federal government is shut down, nor will the National Do Not Call Registry be operational for consumers or telemarketers.

  • October 01, 2025

    Ga. High Court Says State Can Kill Right Of Way Contracts

    Georgia can cancel right of way contracts with broadband providers any time it wants — and so can the broadband providers, the Supreme Court of Georgia has ruled in a decision hearkening back to a century-old precedent that says contracts with no end date can be canceled whenever.

  • October 01, 2025

    SEC Gives Crypto Custody Nod To State Trust Companies

    The U.S. Securities and Exchange Commission staff has assured registered investment advisers and certain fund issuers they won't risk an enforcement action by using state trust companies as cryptocurrency custodians in a move that some praised as widening access to more crypto-savvy custody options and others decried as an erosion of custody rules.

  • October 01, 2025

    Trump Taps Federal Immigration Judge As Next Wash. US Atty

    Federal Immigration Judge Charles Neil Floyd has reportedly been selected by President Donald Trump as the next U.S. attorney for the Western District of Washington.

  • October 01, 2025

    Contractors Must Record Shutdown-Related Losses, Attys Say

    Government contractors risk losing money due to the shutdown in Washington, D.C., and experts told Law360 that contractors must be diligent about documenting the costs they incur for project delays, stop-work orders and other interruptions to their work.

  • October 01, 2025

    Captive Audience Ban Meets Starkly Different Fate In Calif., Ill.

    A California federal judge preliminarily blocked a new state law that prohibits employers from holding so-called captive audience meetings on Tuesday, the same day that an Illinois federal judge tossed a lawsuit challenging a similar state law in the Prairie State.

  • October 01, 2025

    USPTO Tells Fed. Circ. To Reject Ineligibility Rule Petition

    The U.S. Patent and Trademark Office has urged the Federal Circuit to reject a software company's argument that the office violated due process by rejecting challenges to patents a court has found ineligible, saying that decision is entirely in the office's discretion.

  • October 01, 2025

    Economist Says Google's Ad Tech Fix Enough To Boost Rivals

    Google's expert economics witness urged a Virginia federal judge Wednesday not to break up the search giant's advertising placement technology business, arguing the company's counterproposal would free up rivals without the "market reengineering" threatened by the Justice Department's proposed remedies.

  • October 01, 2025

    Squires Jumps Right Into Patent Eligibility Reform

    U.S. Patent and Trademark Office Director John Squires used his first week at the agency to make bold statements about what should be eligible for patenting, with patent owners celebrating his support of diagnostics, crypto and machine learning technologies.

  • October 01, 2025

    Ex-CFTC Enforcement Head, DOJ Veteran Joins Jones Day

    Jones Day has hired a former director of the U.S. Commodity Futures Trading Commission's Division of Enforcement who is also a nearly two-decade alumnus of the U.S. Department of Justice.

  • October 01, 2025

    Wash. Appeals Panel Reopens Teachers' Pension Interest Suit

    A Washington state appeals court unanimously revived a class action claim that accuses a state pension agency of unlawfully skimming interest from teachers' retirement accounts, holding that a lower court was wrong to decide that it couldn't take up the matter.

  • October 01, 2025

    Denver, Poll Worker Settle Firing Over Jon Stewart Show Talk

    A woman who claimed she was fired by the Denver Clerk and Recorder's Office after appearing on Jon Stewart's TV show in 2022 reached a settlement with the city.

  • October 01, 2025

    US, Copper Co. Ask 9th Circ. To Spike Land Transfer Appeal

    The U.S. government and a copper company have asked the Ninth Circuit to dismiss conservation groups' and an Apache tribe's appeal of an Arizona federal judge's decision to uphold a federal law authorizing a land exchange.

  • October 01, 2025

    Here's How The SEC Survived 2 Prior Shutdowns

    The U.S. Securities and Exchange Commission sent home 90% of its staff Wednesday, including the bulk of its enforcement division, as the agency braces for a shutdown of uncertain length by drawing on lessons from two prior long-running impasses in the past 12 years.

  • October 01, 2025

    Trump Withdraws Nomination Of Quintenz For CFTC Chair

    President Donald Trump has withdrawn his nomination of Brian Quintenz to lead the U.S. Commodity Futures Trading Commission, following a delay at the president's request of a Senate committee vote on the nomination and Quintenz's public feud with crypto exchange founders Tyler and Cameron Winklevoss.

  • October 01, 2025

    CFPB 'Will Continue Operations' As Gov't Shutdown Hits

    The Consumer Financial Protection Bureau has told its staff to expect business as usual amid the government shutdown that began Wednesday, assuring them that operations, pay and benefits will continue uninterrupted, according to an internal email obtained by Law360.

Expert Analysis

  • Evaluating The SEC's Rising Whistleblower Denial Rate

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    The rising trend of U.S. Securities and Exchange Commission whistleblower award claim denials represents a departure from the SEC's previous track record and may reflect a more conservative approach to whistleblower award determinations under the current administration, say attorneys at Troutman Pepper.

  • State Crypto Regs Diverge As Federal Framework Dawns

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    Following the Genius Act's passage, states like California, New York and Wyoming are racing to set new standards for crypto governance, creating both opportunity and risk for digital asset firms as innovation flourishes in some jurisdictions while costly friction emerges in others, say attorneys at Sheppard Mullin.

  • How 2nd Circ. Cannabis Ruling Upends NY Licensing

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    A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.

  • Key Insurance Coverage Considerations For AI Data Centers

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    The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Unpacking The New Opportunity Zone Tax Incentive Program

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    The One Big Beautiful Bill Act brought several improvements to the opportunity zone tax incentive program that should boost investments in qualified funds, including making it permanent, increasing federal income tax benefits in rural areas, redesignating the qualified zones, and requiring more in-depth reporting, says Marc Schultz at Snell & Wilmer.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • What New CFPB Oversight Limits Would Mean For 4 Markets

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    As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.

  • MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't

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    As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.

  • Navigating Brazil's Regulations, Incentives For Green Projects

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    Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.

  • Federal AI Action Plan Marks A Shift For Health And Bio Fields

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    The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.

  • Potential Paths To Modernizing The Bank Secrecy Act

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    The Bank Secrecy Act's analog design has become increasingly incompatible with today's digital financial ecosystem, but legislative reforms, coupled with regulatory adjustments including updated thresholds, feedback mechanisms and innovation sandboxes, would help adjust the act to the unique challenges of modern technology, says Matthew Biben at King & Spalding.

  • Definitions Of 'Waters Of The United States' Ebb And Flow

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    The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.

  • Trump Tax Law's Most Impactful Energy Changes

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    The One Big Beautiful Bill Act's deferral of begin-construction deadlines and the phaseout of certain energy tax credits will provide emerging technologies with welcome breathing room, though other changes, like the increased credit rate for sustainable aviation fuel, create challenges for developers, say attorneys at Weil.

  • Texas Property Law Complicates Financing And Development

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    A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.

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