Public Policy

  • November 12, 2026

    EU High Court Adviser Backs Bulk Of €1.5B Google Fine

    A European Court of Justice advocate general said Thursday that the European Union's top court should upend a lower court decision scrapping a €1.49 billion fine imposed over Google's past restrictions against rival search engines on third-party websites using its advertising tools.

  • November 12, 2026

    11th Circ. Upholds $2.75M Award In Gag Clause Breach

    The Eleventh Circuit has affirmed a $2.75 million judgment against a woman for breaching a confidential agreement with a former intimate partner she claims sexually assaulted her, rejecting her arguments that the agreement was invalid and violated her First Amendment rights.

  • November 12, 2026

    6th Circ. Revives Mom's Free Speech Claim Over C&D Letter

    A Sixth Circuit panel has partially revived a Michigan mother's First Amendment claims against Lowell Area Schools and several of its employees, saying a cease-and-desist letter she received from a school principal possibly crossed the line from permissible persuasion to a prior restraint and speech ban.

  • November 12, 2026

    Squires Grants Another 5 PTAB Petitions, Denies 2

    U.S. Patent and Trademark Office Director John Squires has instituted five new patent challenges, largely in the pharmaceutical industry, in one of his final mass orders.

  • November 12, 2026

    Ill. Judge Sets Chicago DOJ Testimony Despite Bid For Clarity

    The Illinois federal judge probing potential falsehoods and undue influence behind a push to prosecute six U.S. Immigration and Customs Enforcement protesters solidified an early December date to hear U.S. Attorney Andrew Boutros and others' testimony on the matter, after blasting the government's "immaterial" bid for more pre-proceeding clarity.

  • November 12, 2026

    Feds, SpaceX Say Groups Can't Show Land Swap Injury

    SpaceX and the U.S. Fish and Wildlife Service renewed their call for a Texas federal judge to toss a lawsuit challenging their South Texas land swap deal, saying that the groups that sued cannot base their alleged damages on theoretical future development by SpaceX.

  • November 12, 2026

    ICE Seeks Reprieve From 3-Day Delay To Transfer Detainees

    The U.S. government told a Massachusetts federal judge on Thursday that a three-day notice period before immigrant detainees may be moved to another circuit is straining detention operations, citing a lack of beds for women and children as a reason to lift the order.

  • November 12, 2026

    Novig Can't Block NY From Enforcing Sports Betting Rules

    A New York federal judge has declined to block the state from enforcing gambling restrictions against prediction market Novig, finding that the platform's sports-related event contracts are not swaps under the Commodity Exchange Act and therefore can be regulated by the state.

  • November 12, 2026

    Senate Confirms First Judge Of Lame-Duck Period

    The U.S. Senate confirmed Alabama Supreme Court Justice Gregory Cook to the Northern District of Alabama on Thursday, marking the first judicial confirmation of the lame-duck period.

  • November 12, 2026

    Trump Admin Sued Over Revival Of Arctic Drilling Leases

    The Center for Biological Diversity and Sovereign Inupiat for a Living Arctic sued the Trump administration in D.C. federal court Thursday over its reinstatement of Hilcorp Alaska's expired offshore oil and gas drilling leases in the Arctic, arguing that the decision failed to consider oil spill risks and environmental harms. 

  • November 12, 2026

    6th Circ. Revives Prisoner's Claims, Flags Litigation Loophole

    A Sixth Circuit panel has revived a Michigan prisoner's constitutional lawsuit, finding that two previously dismissed lawsuits did not count as strikes under a federal law restricting inmates' ability to file cases without paying court fees, while one judge urged Congress to close loopholes that allow prisoners to repeatedly bring meritless claims.

  • November 12, 2026

    Cruz Sets Up Confirmation Vote For 3rd FCC Republican

    Sen. Ted Cruz, R-Texas, will push ahead with a committee vote on Nov. 18 to confirm Danielle Thumann Severs to the Federal Communications Commission.

  • November 12, 2026

    Judge Cites Alito Dissent In Trump Birthright Order Fight

    A Washington, D.C., federal judge weighing whether to block the Trump administration's latest birthright citizenship executive order suggested on Thursday that the government's interpretation of the U.S. Supreme Court's recent citizenship ruling was contradicted even by Justice Samuel Alito's dissent in the case.

  • November 12, 2026

    FEMA Subcontractor Defends No-Poach, Wage-Fixing Suit

    A disaster response worker is defending a proposed class action accusing Fluor Federal Services Inc. and several subcontractors of fixing wages and agreeing not to hire each other's workers, arguing that one of the companies identified members of the conspiracy in writing.

  • November 12, 2026

    NLRB Rejects Stanford's Student Union Challenge

    The National Labor Relations Board on Thursday denied Stanford University's call to rethink precedent empowering certain college student workers to unionize, noting a group of resident assistants withdrew the representation petition the challenge was based on.

  • November 12, 2026

    7th Circ. Wary Of Reviving Bid To Block DEI Grant Cuts

    Seventh Circuit judges appeared skeptical Thursday of an Illinois nonprofit's bid to block the Trump administration's cuts to its education grants, questioning whether the organization had ruled out future spending on diversity, equity and inclusion initiatives and whether the funding cuts amounted to viewpoint discrimination under the First Amendment.

  • November 12, 2026

    Posner Remembered For Wide Influence, Pragmatic Approach

    The iconoclastic, prolific and hugely influential Judge Richard A. Posner is being remembered for a lifetime of relentless advocacy for a more pragmatic approach to the law and a legacy that will ripple through American jurisprudence for decades to come.

  • November 12, 2026

    Remembering Richard Posner: A Prolific Jurist

    Judge Richard Posner died Tuesday at age 87, leaving a legacy as one of the most influential members of the judiciary who never served on the U.S. Supreme Court. Here, Law360 revisits its coverage over the years of the prolific retired Seventh Circuit judge, including interviews with him about his pragmatic approach to the law, his belief that the courts mistreat pro se litigants and his love of felines.

  • November 12, 2026

    Ky. Federal Judicial Nominee Faces Misconduct Proceedings

    A nominee for a Kentucky federal judgeship is facing misconduct proceedings for his reprimanding of an attorney who made a TikTok video in his courtroom.

  • November 12, 2026

    Senate OKs Bill Letting CBP Share Counterfeit Shipment Data

    The U.S. Senate has passed legislation that would give U.S. Customs and Border Protection the ability to provide detailed shipment information about suspected counterfeit imports to brands, online marketplaces and logistics companies.

  • November 12, 2026

    Top Dems Launch Probe Into Trump Admin's Nvidia Dealings

    The top Democratic lawmakers on the Senate Finance and House Ways and Means committees launched an investigation Thursday into the Trump administration's recent dealings with Nvidia following the resignation of its CEO, Jensen Huang.

  • November 12, 2026

    Judge Newman's Former Atty Has Moved From DOJ To USPTO

    An attorney who had represented Federal Circuit Judge Pauline Newman for part of an ongoing legal battle over her suspension has moved to the U.S. Patent and Trademark Office after serving about a year at the U.S. Department of Justice, according to the patent agency.

  • November 12, 2026

    Importers Sharpen Class Definition In Tariff Refund Suit

    Representatives for the approved class of importers that paid illegal duties filed a proposed order authorizing U.S. Customs and Border Protection to refund the entirety of tariffs paid that were installed under the International Emergency Economic Powers Act, according to a submission filed in the U.S. Court of International Trade.

  • November 12, 2026

    DraftKings Says Seminole Tribe Suit Threatens Fed. Markets

    DraftKings Inc. is seeking to remove a challenge from the Seminole Tribe of Florida to a federal district court, alleging the lawsuit is the Indigenous nation's latest effort to expand its gaming monopoly because it is "dissatisfied with the billions" it brings in from its tribal casinos.

  • November 12, 2026

    CPA Group Seeks IRS Guidance On Gambling Reporting Regs

    The American Institute of Certified Public Accountants asked the U.S. Department of the Treasury and the IRS to clarify proposed regulations to increase the threshold for gambling businesses to report payouts to the government, saying they fail to address key issues for reporting wagering gains and losses.

Expert Analysis

  • SEC's History Undercuts Its 'Back To Basics' Rationale

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    The current U.S. Securities and Exchange Commission's enforcement recalibration prioritizing fraud over technical violations has led to a drastic decline in enforcement activity, but the philosophy deviates from decades of enforcement that has always promoted compliance with its prophylactic requirements, says Gerald Hodgkins at Covington.

  • McDonald's Antitrust Suits Spotlight Risks Of AI Pricing Tools

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    A pair of recent class actions filed against McDonald's in Illinois federal court show how antitrust challenges can arise when companies use artificial intelligence pricing tools and personalize prices for individual consumers, say attorneys at Patterson Belknap.

  • What The 11th Circ.'s Qui Tam Ruling Left Unanswered

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    Although the Eleventh Circuit’s recent ruling in Zafirov v. Florida Medical Associates upheld the False Claims Act’s qui tam provisions under the appointments clause, its narrow reasoning leaves unresolved questions about presidential control over relator litigation that could sustain further constitutional challenges, says Taylor Chenery at Bass Berry.

  • Planning Personal Phone Collections Before Discovery Begins

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    For counsel planning a personal phone collection as part of the litigation discovery process, it's important to take early steps to ensure that necessary information will be obtained without exposing unrelated information or running into access issues, says Jeremy Horowitz at MARA Forensics.

  • How Product Recalls Expose Insurance Coverage Gaps

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    The recent Cyclospora outbreak in iceberg lettuce highlights the potential insurance risks of a contaminated ingredient or defective product creating a ripple effect throughout an entire supply chain, leaving companies with substantial costs that standard policies may not cover, say attorneys at Morgan Lewis.

  • High Court's H-2A Case Could Reshape Agency Adjudication

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    The U.S. Supreme Court will hear arguments in a case that concerns whether the U.S. Department of Labor may fine an employer for violating employment conditions in the H-2A visa program, but its eventual decision could chart the course for in-house adjudication across a broad swath of the federal government, say attorneys at Holland & Knight.

  • How Power Grid Delays Are Reshaping Data Center Deals

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    Texas' pause on permits while it studies data centers' effect on its electrical grid highlights the nationwide problem of yearslong interconnection delays, where the ways developers, investors and customers bridge that gap — and decide who bears the risk when it widens — increasingly determine whether a deal works, say attorneys at King & Spalding.

  • Meta, TikTok Cases Show How AGs May Redefine Governance

    The Meta Platforms settlement and TikTok lawsuit addressing social media harms to minors highlight that state attorneys general are not merely extracting payments, but are also using litigation and settlements to impose durable product, institutional and policy change, say attorneys at Snell & Wilmer.

  • How NYC Consumer Bill Could Expand Private Claims

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    New York City's proposed Power Act could expose companies to sweeping private claims under its prohibition on unfair, deceptive, and abusive acts and practices, making regulatory compliance reviews and litigation-risk planning essential for businesses serving city residents, says Brian Turetsky at Hinshaw.

  • How Feds' Shifting Guidance Hits Bank-Fintech Partnerships

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    A slew of recent Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency reforms will ultimately give banks and fintechs more flexibility in third-party oversight and supervisory information sharing, but institutions still must document risk-based decisions and engage proactively with regulators, say attorneys at Husch Blackwell.

  • What To Watch As Florida Stablecoin Framework Takes Shape

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    As Florida's new payment stablecoin licensing framework enters its second month, requiring issuers to map applicable state and federal obligations and account for certification and rulemaking uncertainty, businesses should build core controls while keeping launch plans and contracts flexible, says Rob Brighton at Becker.

  • NYC Power Act May Spur Algorithmic Pricing And Other Suits

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    New York City’s proposed Power Act would create a private right of action for unfair, deceptive, abusive and unlawful practices, broadening litigation exposure for businesses using algorithmic and other types of pricing technology, though its path to enactment still remains uncertain, say attorneys at Skadden.

  • NLRB Ruling Redraws Arbitration Confidentiality Limits

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    The National Labor Relations Board's recent decision in Ralphs Grocery adds to a growing body of board precedent that offers takeaways for how employers can maximize the enforceability of confidentiality restrictions and discovery procedures in arbitration agreements, say attorneys at Morgan Lewis.

  • State Of Insurance: Q3 Notes From Illinois

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    In the past quarter, two Seventh Circuit rulings and an Illinois appellate decision applied state insurance law to issues ranging from the illusory coverage doctrine and an insured's right to independent counsel, to the time to commence uninsured motorist arbitration, says Matthew Fortin at BatesCarey.

  • Opinion

    Judges Must Turn To Merits Earlier To Fix Civil Justice System

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    The U.S. justice system is long overdue for a cultural shift that encourages judges to engage with the merits of a case from the outset, which would help to cut through procedural complexities and deliver high-quality justice efficiently and at lower cost, says Steven Kayman at Rottenberg Lipman.

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