Public Policy

May 20, 2025
5 Ohio Cities Say Hyundai, Kia Negligence Claims Still In Play

Five Ohio cities have told a California federal judge that Hyundai and Kia cannot try to circumvent the Ninth Circuit and scuttle negligence claims in consolidated litigation alleging the automakers knowingly sold vehicles with design flaws that spawned a car-theft crime wave.
May 20, 2025
Dem Lawmakers Reintroduce Supreme Court Ethics Bill

Two Democratic lawmakers on Tuesday reintroduced bills in the House and Senate that would require the U.S. Supreme Court to adopt a binding ethics code and create new recusal and disclosure standards for the nine justices.
May 20, 2025
Tax Credit Repeal Would Deflate US Hydrogen Development

The Republicans' proposal to eliminate tax credits for producing clean hydrogen in the budget reconciliation bill threatens to kneecap the nascent alternative fuel industry in the U.S. while pushing investments overseas to friendlier markets.
May 20, 2025
High Court Precedent Blocks FTC Commish Firings, Judge Told

A pair of recently fired Federal Trade Commission members sparred with the administration in D.C. federal court on Tuesday, with the judge raising questions about which Supreme Court precedent really holds in this dispute.
May 20, 2025
Medical Organizations Sue Feds For Removing Health Data

The U.S. Department of Health and Human Services and several constituent agencies are accused of violating the Administrative Procedure Act by illegally purging websites containing critical public health information related to trans and HIV care, vaccines and the prevention of outbreaks of communicable diseases, according to a lawsuit filed Tuesday in Washington federal court.
May 20, 2025
6 Colo. Cities Sue Governor Over Housing Executive Order

Six Colorado cities with "home rule" charters have hit the state and Gov. Jared Polis with a suit challenging his recent executive order saying state grants won't go to local communities if they don't comply with new housing laws that seek denser real estate development.
May 20, 2025
Nonprofits Seek To Block 'Sweeping' AmeriCorps Cuts

A number of education, environmental and housing nonprofits have asked a Maryland federal judge to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million to its programs, saying the move violates core constitutional principles regarding separation of powers that have already had severe consequences.
May 20, 2025
FCC Warned To Not Overreach In Undersea Cable Rules

Network providers cautioned the Federal Communications Commission to stick to its legal authority when crafting new rules to beef up the security of undersea telecom cables, saying the FCC can't regulate beyond cable owners and operators under existing law.
May 20, 2025
State AGs Say No To Nixing Wireless Site NHPA Reviews

Eight states are calling on the Federal Communications Commission not to listen to a major wireless trade group's petition encouraging it to cut "burdensome ... red tape," which the states say are actually mandates of the National Historic Preservation Act.
May 20, 2025
Tribe Blames DOI For $1.5M In Legal Fees In Recognition Row

A Michigan tribe that is asking for $1.5 million in fees from the Interior Department over its challenge to a federal recognition status denial says the agency caused the case to drag on for five years due to its failure to remand its rule governing the process.
May 20, 2025
Moderna Says Order To Narrow Vax IP Case Should Stay

Moderna has said that a federal judge should ignore a rival mRNA developer's request to rethink his decision limiting issues in a patent suit over the company's COVID-19 vaccines, saying the rival is trying to make new arguments too late.
May 20, 2025
DOJ Watchdog Asked To Probe AG's Trump Media Stock Sales

Rep. Jamie Raskin of Maryland, the ranking Democrat on the House Judiciary Committee, on Tuesday urged the U.S. Department of Justice's inspector general to investigate Attorney General Pam Bondi's sale of millions of dollars' worth of shares in Trump Media just ahead of the stock market plunging.
May 20, 2025
SEC Chair Says Staff Exits Have Left Holes In Agency

U.S. Securities and Exchange Commission Chair Paul Atkins told Congress Tuesday that the agency has lost hundreds of employees in recent months due to voluntary buyouts and early retirement incentives, and that some now-missing expertise will need to be replaced.
May 20, 2025
Gov't Says Unions Too Slow In Calling For Halt Of Restructure

President Donald Trump called for a California federal judge to tank an injunction bid from unions and advocacy groups about his executive order instructing agencies to plan for reductions in force, arguing the request was delayed and the district court lacks jurisdiction.
May 20, 2025
Pennsylvania Biz Owner Cops To COVID Fraud Schemes

A Pennsylvania business owner has admitted to running fraud schemes targeting government business pandemic relief programs that could net him a maximum of $3.25 million, according to the U.S. Attorney's Office in Philadelphia.
May 20, 2025
4th Circ. Won't Revive Md. Retirees' Drug Benefits Case

The Fourth Circuit backed Maryland's defeat of a proposed class action alleging it broke promises made to retirees when it transitioned their prescription drug benefits to Medicare Part D, saying Tuesday that a lower court was right to toss the case.
May 20, 2025
Finance Panel's Dems Pan Trump IRS Pick Over Ethical Issues

Senate Finance Committee Democrats deemed former Rep. Billy Long unfit to lead the IRS during his confirmation hearing Wednesday, citing ethical concerns over his promotion of pandemic-era employee retention claims, and of tribal tax credits they called dubious, while working as a business consultant after leaving Congress.
May 20, 2025
The Alien Enemies Act Cases: A Roundup

Litigation over President Donald Trump’s March 14 proclamation invoking the 1798 Alien Enemies Act has moved at breakneck speed, spurring two U.S. Supreme Court decisions already while at least five different districts weigh his authority to invoke the wartime law. Here, Law360 catches you up on major developments in the litigation.
May 20, 2025
9th Circ. Says Dad Didn't Show Sons' Hardships If Deported

The Ninth Circuit on Tuesday rejected a Mexican father's bid for deportation relief based on extreme hardships he claimed his sons would face if they accompanied him to Mexico, saying in a published opinion that substantial evidence suggested otherwise.
May 20, 2025
Feds Ignored Order With South Sudan Removals, Judge Told

Lawyers for immigrants at risk of being deported to countries where they have no prior ties and may face harm told a Boston federal judge Tuesday that the government removed at least two class members to South Sudan in violation of a court order.
May 20, 2025
GOP Lawmakers Defend Stricter Independent Contractor Bill

Republicans on a U.S. House subcommittee Tuesday pushed for passing a recently introduced bill that would tighten standards for classifying workers as independent contractors, while Democrats feared moving in that direction would significantly hurt workers.
May 20, 2025
Chicago Orgs Fight Feds' Bid To Drop Dredged Waste Suit

Two advocacy groups that challenged a U.S. Army Corps of Engineers decision to expand a disposal facility that stores sediments dredged from Chicago waterways said Monday that the court retains jurisdiction even though the Army Corps has withdrawn that decision and should only dismiss the case on certain conditions.
May 20, 2025
CFPB's Guidance Purge May Have Limited Impact For Industry

The Trump administration's recent culling of Consumer Financial Protection Bureau guidance may help advance the agency's pivot to lighter-touch regulation, but consumer advocates and even some financial services attorneys say the rescinded policies could still shape litigation and leave companies guessing about the agency's current views.
May 20, 2025
TikTok's Bid To Get NY Docs From AG Sunk By New State Law

A New York state judge on Tuesday denied TikTok's bid to force the New York attorney general to turn over agency documents related to claims the app harms children's mental health, relying on an amendment tucked into the state's budget that was signed into law this month.
May 20, 2025
Stewart Revives E-Cig Patent Row, Clarifying PTAB Denials

The acting head of the U.S. Patent and Trademark Office has revived a company's Patent Trial and Appeal Board challenge to an electronic cigarette patent, issuing a precedential decision that provides guidance on discretionary denials when a patent challenger relies on prior art previously furnished to an examiner.

Editor's Picks

Trump's Legal Battles

States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.

Expert Analysis

How NY's FAIR Act Mirrors CFPB State Recommendations

New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
Expect Eyes On Electronic Devices At US Entry Points

Electronic device searches are becoming common at U.S. border inspections, making it imperative for companies to familiarize themselves with what's allowed, and mandate specific precautions for employees to protect their privacy and sensitive information during international travel, say attorneys at Seyfarth.
Big Tech M&A Risk Under Trump May Resemble Biden Era

Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.
A Breakdown Of Trump's Order On Drug Pricing

The Trump administration may attempt to effectuate through rulemaking a recently issued executive order on lowering drug prices, which would likely have an adverse effect on stakeholders and trigger litigation, say attorneys at Debevoise.
FTC Focus: Interlocking Directorate Enforcement May Persist

Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.
Calif. Climate Superfund Bill Faces Legal, Technical Hurdles

California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change — but its pending climate Superfund legislation, if enacted, is certain to face legal pushback and daunting implementation challenges, says Donald Sobelman at Farella Braun.
How Cos. Can Navigate Risks Of New Cartel Terrorist Labels

The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.
Cosmetic Co. Considerations As More States Target PFAS

In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
What We Lost After SEC Eliminated Regional Director Role

Former U.S. Securities and Exchange Commission Regional Director Marc Fagel discusses the recent wholesale elimination of the regional director position, the responsibilities of the job itself and why discarding this role highlights how the appearance of creating a more efficient agency may limit the SEC's effectiveness.
Mass. Suit Points To New Scrutiny For Home Equity Contracts

The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.
Unpacking Copyright Office's AI Report Amid Admin Shakeups

Though recent firings have thrown the U.S. Copyright Office into turmoil, the latest entry in its report on artificial intelligence can serve as a road map for litigants, persuasive authority for courts and input on the legislative process, say attorneys at Epstein Becker.
Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol

As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
Reading Tea Leaves In High Court's Criminal Law Decisions

The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
$38M Law Firm Settlement Highlights 'Unworthy Client' Perils

A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
Hints Of Where Enforcement May Grow Under New CFPB

Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.