Public Policy

  • October 22, 2026

    Conn. Justices Seek To Define 'In Custody' For Habeas Cases

    The Connecticut Supreme Court wrestled Thursday with the definition of the term "in custody" for purposes of habeas jurisdiction, with multiple justices asking the state to clarify when a person's liberty has been restricted enough that a judge can hear his or her claims for relief.

  • October 22, 2026

    DEA Judge Will Not Reopen Marijuana Rescheduling Hearing

    The coalition fighting marijuana legalization won a partial victory after a Drug Enforcement Administration's administrative law judge on Thursday allowed into the record a U.S. Government Accountability Office report the group championed but denied new testimony on it, saying the report "speaks for itself."

  • October 22, 2026

    Feds Say States Can't Use 2025 Order To Block Grant Terms

    Twenty states asking a Rhode Island federal judge to enforce an injunction that blocked federal grant conditions requiring them to cooperate with immigration enforcement activities are improperly trying to expand its scope to rope in new conditions, the Trump administration said.

  • October 22, 2026

    Takeaways From Meta's $25B Data Privacy Trial Loss

    As Meta Platforms Inc. digests Wednesday's $25 billion trial bill for repeatedly misrepresenting its privacy practices to New Mexicans, observers say there are lessons to take away — beyond the fact that it's believed to be the largest commercial verdict in nominal dollars in U.S. history.

  • October 22, 2026

    TPS Applicants Win $660K In Fees Over Work Permit Delays

    A Washington federal judge has awarded Afghanistan and Somali citizens $660,500 in attorney fees after granting the immigrants summary judgment in a class action that challenged the government's refusal to let them work while they awaited their temporary immigration protections.

  • October 22, 2026

    Va. State Senator Accused Of Using Office To Aid Pot Shop

    Democratic Virginia state Sen. L. Louise Lucas was charged in a federal indictment unsealed Thursday with racketeering, money laundering, conspiracy to distribute marijuana and conspiracy to commit wire fraud, accused of running a criminal enterprise through a Portsmouth hemp shop.

  • October 22, 2026

    Judge Halts DHS Voter Probes Over Flawed Citizenship Data

    A California federal judge blocked U.S. Immigration and Customs Enforcement agents from visiting certain homes in nine states to question people about their voter status ahead of the midterm elections, finding that the government relied on flawed data that targeted U.S. citizens.

  • October 22, 2026

    Live Nation Details Woodward, Trump Role In DOJ Deal

    Live Nation Entertainment Inc. has offered new details on the involvement of the White House and senior Justice Department officials in its controversial midtrial settlement Democrats have cast as corrupt, confirming that Associate Attorney General Stanley E. Woodward Jr.'s office was also involved.

  • October 22, 2026

    Fla. High Court Clarifies Proof Rule In ICWA Custody Cases

    The Florida Supreme Court on Thursday upheld a decision terminating a mother's custody of her Native American daughter, ruling in an opinion that lower courts don't have to use an evidence standard under the federal Indian Child Welfare Act in parental rights cases. 

  • October 22, 2026

    Del. AG Alleges Glock Fuels Illegal Machine Gun Violence

    State Attorney General Kathleen Jennings sued Glock Inc. and its Austrian affiliate in the Delaware Chancery Court on Thursday, alleging the gunmaker knowingly sells pistols that can be converted into illegal machine guns with inexpensive devices, fueling gun violence across the state.

  • October 22, 2026

    FTC's Meador Questions 'Reliance' On Hovenkamp Treatise

    Federal Trade Commission member Mark Meador vouched Thursday for an "aggregation" theory of antitrust violations that can combine conduct that may not be anticompetitive individually, in a Houston speech that also took direct aim at a foundational academic treatise of modern competition law.

  • October 22, 2026

    Tribe Says Low Crossings Undercut Border Wall Argument

    The Tohono O'odham Nation is renewing its push for the D.C. Circuit to do what a district judge refused and block border wall construction through its Arizona reservation pending the tribe's appeal, arguing that a brief pause in construction would pose little risk with border crossings at record lows.

  • October 22, 2026

    Dems Seek GAO Review Of $166B Tariff Refund Operation

    Democratic lawmakers serving in the U.S. House and Senate asked for the Government Accountability Office to evaluate Customs and Border Protection's administration of a tariff refund system designed to repay importers the $166 billion in paid duties deemed unlawful earlier this year by the U.S. Supreme Court, according to a Thursday news release.

  • October 22, 2026

    GOP Reps. Seek Probe Of Fla. Judge's Sanctions Order

    Top Republicans on the House Judiciary Committee asked the Judicial Conference Thursday to investigate a Florida federal judge for potential misconduct with an order she issued in the case involving the leak of President Donald Trump's tax returns.

  • October 22, 2026

    EEOC Sets Meeting On Criminal History Guidance Recall

    The U.S. Equal Employment Opportunity Commission announced Thursday it will host a public meeting next week on its plans to scrap guidance governing the use of workers' arrest and conviction records in employment decisions.

  • October 22, 2026

    NC Gov. Hauls Election Board Appointment Fight To Top Court

    North Carolina Gov. Josh Stein is taking a constitutional challenge over who has the authority to appoint members to the state and county election boards to the state's highest court, asking the justices to decide whether legislators lawfully transferred that power from his office to the state auditor.

  • October 22, 2026

    UPS Waiting On Feds To Refund Tariff Costs, Court Told

    An Atlanta federal court should, at minimum, pause a proposed class action looking to force UPS to reimburse customers for costs they incurred as the result of struck-down reciprocal tariffs, the shipping giant said, as the company itself is still waiting on refunds.

  • October 22, 2026

    Transpo Tracker: CH Robinson Verdict, Tesla Class Action

    In our latest Law360 Transportation Tracker, a Dallas County judge confirmed a blockbuster $604 million verdict against freight broker C.H. Robinson, while the Ninth Circuit dismantled a certified class action accusing Tesla of misleading consumers about its cars' self-driving capabilities.

  • October 22, 2026

    Fintech EarnIn Sues Maryland Over Tip Ban, License Delay

    EarnIn, a financial technology company that lets workers access their wages before payday, has sued the Maryland attorney general and the state's financial regulation commissioner, arguing that a new state law banning earned wage access providers from soliciting tips violates the First Amendment.

  • October 22, 2026

    10th Circ. Revives Iranian Man's ICE Detention Challenge

    A split Tenth Circuit panel ruled that a district court erred in denying an Iranian national's habeas petition, holding that district courts have authority to review the legality of an immigrant's detention separately from any challenge to a final order of removal.

  • October 22, 2026

    FCC Approves Starlink's Bid To Take Over Tristar Licenses

    The Federal Communications Commission has approved SpaceX's Starlink satellite group's bid to take over three licenses held by a subsidiary of Tristar License Group to expand Starlink's direct-to-device service.

  • October 22, 2026

    CMS Hit With Another Broker Suit Over ACA Registration Bar

    The Centers for Medicare & Medicaid Services has been hit with another suit by health insurance brokers alleging the agency is unlawfully blocking them from registering to help individuals find Affordable Care Act marketplace coverage for plan year 2027.

  • October 22, 2026

    Ex-FCC Leaders Slam Carr Poll Threats

    A bipartisan group of former high-ranking Federal Communications Commission officials has released a statement condemning FCC Chair Brendan Carr's recent comments to broadcasters over their reporting on political polls.

  • October 22, 2026

    Conn., Cook County, Ill., Defend AR-15 Bans At Supreme Court

    Officials in Cook County, Illinois, and Connecticut are urging the U.S. Supreme Court to uphold laws banning semiautomatic AR-15-style rifles, arguing that their laws are consistent with historical analogs restricting "unusually dangerous" weapons.

  • October 22, 2026

    'Substantially Impaired' Main Topic Of Medicaid Rule Hearing

    A Massachusetts federal judge pressed the Trump administration Thursday on its argument that Congress intentionally left it with the task of defining who is considered too medically frail to comply with Medicaid work requirements set to take effect in January.

Expert Analysis

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    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

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    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

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    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.

  • Opinion

    NC Litigation Funding Ban Sets Model For Other States

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    States worried about rising liability costs and the commercialization of their courts should treat North Carolina's recently enacted litigation funding ban as a model because a prohibition adequately addresses the distortion that disclosure only documents, say attorneys at McAngus Goudelock.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

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    The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

  • Planning For The Impact Of FinCEN's CTA Rollback

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    The Financial Crimes Enforcement Network's recent rollback of Corporate Transparency Act reporting obligations should reduce compliance costs, but its plans to revisit customer due diligence rules should prompt companies and financial institutions to reassess state beneficial ownership programs, say attorneys at Sidley.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • EPA Guidance May Simplify On-Site Power For Data Centers

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    At a moment when wait times to connect large loads to the electric grid can stretch into years, two recent U.S. Environmental Protection Agency guidance documents seek to make it easier for data center developers to set up on-site power generation — but much will depend on how quickly states and localities update their own rules, say attorneys at Alston & Bird.

  • Fed's Capital Rule Proposal Could Help Banks Stay Mutual

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    The Federal Reserve Board's recent proposal to comprehensively rewrite its capital rule and reduce procedural requirements for mutual holding companies would support community banking by allowing mutual institutions new ways to fund growth without converting to stock form, say attorneys at Nutter.

  • 8(a) Firms Face New Risks From Pass-Through Arrangements

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    ​Prime contractors and subcontractors with pass-through arrangements involving the Small Business Administration's 8(a) business development program should ensure they are prepared for heightened litigation risks created by the administration’s use of False Claims Act whistleblowers to target fraud in diversity, equity and inclusion programs, say attorneys at RJO.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • CISA Town Halls Signal Key Cyber Rule Changes Ahead

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    The Cybersecurity and Infrastructure Security Agency recently held a series of town halls to gather additional stakeholder input on the Cyber Incident Reporting for Critical Infrastructure Act, offering potential insights into how the agency may address key issues in a forthcoming final rule, say attorneys at Covington.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

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