Public Policy

  • October 28, 2026

    Product Liability's Regulatory & Legislative Recap So Far

    Over the summer and early fall, lawmakers proposed measures aimed at putting safeguards around the rapidly growing industry of artificial intelligence, as public concerns over its safety climb in tandem. The new nominee to head the U.S. Food and Drug Administration also faced sharp queries over her views on vaccines and birth control.

  • October 28, 2026

    Eagle Hunt Blocked Over NM Tribes' Religious Harm Fears

    A New Mexico federal judge has for now blocked the U.S. government from issuing special permits that would allow the Pueblo of Jemez tribe to kill one bald or golden eagle within the Valles Caldera National Preserve, ruling Wednesday that such a "taking" would burden other pueblos.

  • October 28, 2026

    TB Outbreak In Wash. Prisons Yields $52M Damages Verdict

    Washington jurors returned a $52 million verdict in favor of 23 plaintiffs who accused the state's Department of Corrections of allowing an active tuberculosis outbreak to fester and spread to hundreds of people at its prison facilities over nearly two years.

  • October 28, 2026

    PayPal's Financial Offerings Are Under Fresh FTC Scrutiny

    PayPal has disclosed that it is facing a Federal Trade Commission investigation into its financial products and services, including marketing, fees and purchase protections.

  • October 28, 2026

    CFPB Audit Flags Cybersecurity Gaps Amid Staff Departures

    The Consumer Financial Protection Bureau has failed to promptly fix serious cyber weaknesses and consistently track data in its possession as staffing losses have hampered the agency's ability to safeguard its systems, according to a federal watchdog audit released Wednesday.

  • October 28, 2026

    State Dept. Owes $461M For Work During COVID, Builder Says

    Trump administration officials reneged on the U.S. Department of State's agreement to pay an Alabama-based construction giant for cost overruns while it continued working on a dozen embassy projects during the COVID-19 pandemic, according to the company's Wednesday lawsuit that seeks at least $461 million in damages.

  • October 28, 2026

    Missouri, Louisiana Sued By Prediction Market Giants

    Missouri and Louisiana are the latest states to become embroiled in litigation with event contract platforms, after Kalshi and Polymarket sued them, respectively, to prevent pending enforcement action.

  • October 28, 2026

    MSU Trustee Says Ethics Code Violates First Amendment

    A Michigan State University trustee filed a federal civil rights lawsuit against the board chair and secretary Wednesday, alleging that recent revisions to the board of trustees code of ethics are unconstitutional and intended to silence trustees who criticize the university or dissent from majority decisions.

  • October 28, 2026

    SC Gov.'s Counsel Still In The Running For Federal Judgeship

    The chief legal counsel for South Carolina Gov. Henry McMaster is "being actively considered" for a federal judgeship, according to the White House, but it's not a done deal yet.

  • October 28, 2026

    Patients Tell Colo. Justices Hospital Defied Gender Care Order

    Transgender youth patients of Children's Hospital Colorado are challenging a judge's discharge of their contempt citation against the hospital for not resuming the provision of medical gender-affirming care to them, urging Colorado's justices to decide whether the hospital complied with an injunction prohibiting it from refusing to provide the care.

  • October 28, 2026

    Interior Says Records Order Not Needed For Golf Course Suit

    The U.S. Interior Department told a D.C. federal judge Wednesday there's no need to order it to retain records on East Potomac Golf Course tree removals or makeover plans in a case where its assertions have often conflicted with President Donald Trump's online posts.

  • October 28, 2026

    FTC Probes Delta, Uber, Others Over Data-Driven Pricing

    The Federal Trade Commission is pressing Delta, Uber, Target and a half-dozen other companies to detail how they're using personal data to set individualized pricing for consumers and compensation for workers, marking the latest escalation of the agency's growing scrutiny of the increasingly prominent business practice.

  • October 28, 2026

    4th Circ. Judge Sees 'Big Brother' In Va. Social Media Limits

    A Fourth Circuit judge Wednesday expressed concern with a Virginia law limiting children's access to social media, telling counsel for the commonwealth that the provision has a "Big Brother atmosphere" to it and suggesting he'd back the district court's injunction halting enforcement of the regulation.

  • October 28, 2026

    Wash. Gov. Creates Fraud Post, Backs Broader Medicaid FCA

    As part of a push to expand fraud prevention efforts in Washington, Gov. Bob Ferguson signed an executive order Tuesday to create a new chief fraud prevention officer position and a statewide fraud prevention work group, also announcing forthcoming legislation that would broaden the state's Medicaid False Claims Act.

  • October 28, 2026

    City Says Waiver And Federal Pot Ban Beat Licensing Suit

    A cannabis company that spent $1.7 million to open a dispensary in a town on the shores of the Great Lakes cannot sue the city or its officials for failing to issue allegedly promised retail licenses, the municipality told a federal court, saying the business signed a waiver that bars litigation.

  • October 28, 2026

    7th Circ. Takes Up Ill. Ban On Firearm Silencers

    A Seventh Circuit panel questioned Wednesday whether firearm silencers should be considered part of a constitutionally protected weapon or are merely optional accessories, as gun owners seeking to overturn Illinois' ban argued the devices improve firearms' functionality and protect users from hearing damage.

  • October 28, 2026

    Sportsbooks Say DC Law Bars Bettor Loss Recovery

    Sportsbook operators are urging the D.C. Circuit not to revive a lawsuit challenging the legality of their operations there, arguing the city expressly excluded licensed sports wagering from the statute being invoked to recover losses for bettors.

  • October 28, 2026

    USPTO Removed 14,000 Invalid TM Filings In Fiscal 2026

    The U.S. Patent and Trademark Office took off more than 14,000 improper trademark filings from the Federal Register and removed more than 42,000 unused goods and services from registrations in the 2026 fiscal year, agency officials said at a webinar Wednesday.

  • October 28, 2026

    DC Judge Finds Trump Ads Likely Broke Propaganda Ban

    A D.C. federal judge once again blocked taxpayer-funded campaign-style television ads for President Donald Trump from hitting the air Wednesday, ruling that the Democratic National Committee, which challenged the spots earlier this month, was likely to succeed on its claim that the spending violated a congressional ban on propaganda.

  • October 28, 2026

    ICE Sued After Detainees Removed From Online Locator

    Legal aid organizations said Wednesday a U.S. Immigration and Customs Enforcement database no longer shows where detainees with final removal orders are being held, claiming in a lawsuit the move has made it difficult to reach their clients.

  • October 28, 2026

    Robinhood Agrees To Pause Sports Event Contracts In Ohio

    Robinhood Markets Inc. on Wednesday said it struck an agreement with Ohio's gaming commission to stop offering new sports-related event contracts in the Buckeye State in exchange for an enforcement reprieve while litigation over the contracts' legality plays out in federal courts.

  • October 28, 2026

    FCC Wants To Loosen Rules For Jamming Cell Phones

    The Federal Communications Commission plans to legalize cellphone signal jamming, at least when it comes to phones that have been snuck into prisons, the head of the agency revealed at a Wednesday press conference in Arkansas.

  • October 28, 2026

    FEMA Contractors Say No-Poach, Wage-Fixing Suit Still Faulty

    Fluor Federal Services and some of its federal disaster response subcontractors urged a Florida federal judge Tuesday to definitively end a proposed class action accusing them of agreeing to fix wages and avoid hiring each other's workers, arguing the amended complaint still doesn't fix shortcomings identified by the court.

  • October 28, 2026

    CBP Clears Nearly 16M Imports In 3rd Tariff Refund Phase

    In just over two weeks, U.S. Customs and Border Protection has cleared nearly 16 million more imports as part of the third phase of its tariff refund system, according to a declaration filed by a CBP official at the U.S. Court of International Trade.

  • October 28, 2026

    LA's Top Federal Prosecutor 'Unlawfully Serving,' Judge Finds

    A federal judge has ruled that Los Angeles' top federal prosecutor isn't legally serving in the role and that he is disqualified from participating in or supervising two criminal prosecutions.

Expert Analysis

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

    Author Photo

    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

  • Money Transmission Issue Looms For Prediction Markets

    Author Photo

    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • The Deep Split Over Mandatory Detention, And What's Next

    Author Photo

    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

    Author Photo

    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • FTC Focus: A Shift In The Pricing Disclosure Terrain

    Author Photo

    Recent state and Federal Trade Commission developments spotlight materially different ways in which personalized pricing might be addressed, which could result in an increasingly fragmented regulatory landscape in which businesses face differing disclosure obligations and substantive restrictions depending upon the jurisdiction, say attorneys at Proskauer.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

    Author Photo

    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Compliance Lessons From Agriculture Co. Mexican Bribe DPA

    Author Photo

    Agricultural company Scoular’s recently announced deferred prosecution agreement over alleged Foreign Corrupt Practices Act violations at the U.S.-Mexico border reinforces the U.S. Department of Justice’s focus on cartels, and companies must accordingly ensure they address risks associated with the use of customs brokers, says Adam Safwat at Foley Hoag.

  • OpenAI Deal Highlights AI Hiring Risks In PERM Process

    Author Photo

    The U.S. Department of Justice's recent settlement of allegations that OpenAI discriminated against U.S. applicants for positions connected to the permanent labor certification process underscores that employers providing or using artificial intelligence must align their recruitment practices with their overlapping compliance obligations, say attorneys at Duane Morris.

  • 5 Practice Tips After DOJ's Healthcare Fraud Declination

    Author Photo

    In light of the U.S. Department of Justice's decision to not prosecute Campus Eye Management under the agency's new corporate enforcement and voluntary self-disclosure policy, healthcare companies should keep several considerations in mind when weighing their risk and self-disclosure strategy, including the distinctions between reporting to the DOJ versus other government agencies, say attorneys at Haynes Boone.

  • What Bulk-Power Gear Import EO Means For US Energy Cos.

    Author Photo

    Though President Donald Trump's recent executive order restricting imports of foreign-produced bulk-power system electrical equipment imposes no immediate obligations on private parties, stakeholders can take near-term steps to mitigate supply chain and contractual risks, as much of the order's ultimate impact will depend on implementing regulations, say attorneys at Orrick.

  • Assessing The Early Days Of Woodcock's SEC Tenure

    Author Photo

    Since David Woodcock took over the U.S. Securities and Exchange Commission's Division of Enforcement four months ago, the division has pursued a scaled-back caseload centered on fraud and manipulative conduct, largely following the enforcement outlook that emerged under SEC Chairman Paul Atkins, say attorneys at Akerman.

  • AI And AML: Rulemakings Lean Into Responsible Innovation

    Author Photo

    Recent federal rulemaking increasingly supports deployment of artificial intelligence tools for anti-money laundering compliance purposes, and institutions that build clear use and governance frameworks will be best positioned to defend programs when AI systems err, say attorneys at Paul Hastings.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

    Author Photo

    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • Unpacking Texas' New Grid Reliability Rules For Data Centers

    Author Photo

    The Electric Reliability Council of Texas’ recently effective technical and compliance obligations, designed to prevent data centers and other large energy customers from causing cascading outages when they go offline, will challenge facilities to develop equipment and protocols to help protect the grid, says Casey Bell at Balch & Bingham.

  • Opinion

    Md. Court Got Ad Tax Similarity Analysis Wrong

    Author Photo

    Decisions striking Maryland’s digital advertising tax are fundamentally flawed because the Maryland Tax Court found similarity between digital ads and other ads without considering deep market distinctions, says Darien Shanske at UC Davis School of Law.

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.