Public Policy

  • May 14, 2026

    Justices Say Freight Brokers Can Face Negligence Suits

    The U.S. Supreme Court said Thursday that freight brokers might also be liable under state law for selecting unsafe motor carriers that then get into highway crashes that kill or injure people, offering long-sought clarity on liability standards in a commercial trucking industry unnerved by supersized verdicts against carriers and drivers.

  • May 13, 2026

    Trump Library Land Given As Unlawful Gift, Fla. Suit Says

    A group of Florida residents alleged President Donald Trump broke the law after paying nothing to receive a downtown Miami parcel worth $300 million to build his presidential library, claiming in a federal lawsuit filed Wednesday the land transfer constituted an illegal gift under the U.S. Constitution.

  • May 13, 2026

    Microsoft Exec Backed OpenAI Deal Amid Concerns, Jury Told

    Microsoft's chief technology officer testified in a California federal jury trial Wednesday over Elon Musk's challenge to OpenAI's for-profit conversion, recalling that he proposed Microsoft invest significant resources into OpenAI's for-profit arm to stay competitive despite his initial concerns over whether OpenAI's nonprofit donors had agreed to the for-profit partnership.

  • May 13, 2026

    EPA Must Reconsider Flame Retardant Regs, 9th Circ. Says

    The U.S. Environmental Protection Agency must revisit rulemaking on a flame retardant known as decaBDE, a Ninth Circuit panel said Wednesday, agreeing with a Native American tribe and environmental groups that the federal agency failed to adequately explain its past decisions declining to further regulate the chemical's disposal.

  • May 13, 2026

    Dems Target Ethics, Illicit Finance In Crypto Bill Amendments

    Lawmakers have offered over 100 amendments ahead of the Senate banking committee's Thursday markup of its latest proposal to regulate crypto markets, with Democrats proposing the lion's share of changes in an effort to add ethics language and beef up provisions addressing crypto's use in illicit finance.

  • May 13, 2026

    Judge Challenges DOJ On Trump Records Act Defiance

    A Trump administration attorney couldn't say whether the White House would follow Presidential Records Act requirements before disposing of records after an Office of Legal Counsel opinion unilaterally called the law unconstitutional last month.

  • May 13, 2026

    Mom Seeks $20M, Alleging State's 'Epic' Failure Before Killing

    The Connecticut Department of Children and Families committed a "failure of epic proportions" when a father took custody of a 7-month-old he murdered five days later by throwing the boy into a river, an attorney for the slain infant's mother argued Wednesday in a $20 million lawsuit against the state.  

  • May 13, 2026

    Oversight Bill For FCC's High Cost Program Signed Into Law

    The Rural Broadband Protection Act, which aims to establish a vetting process for internet service providers who are taking part in the Federal Communications Commission's "high cost" program, has finally made it into law after being filed several times over the last couple of years.

  • May 13, 2026

    Empire Wind Seeks Permanent End To Stop-Work Order

    The developers of a $4 billion offshore wind energy project that should power half a million New York homes once it's finished believe it's time for a D.C. federal judge to once and for all tell the Trump administration that it cannot interfere with its construction.

  • May 13, 2026

    Squires Hits Pause On Unpopular Examiner Sign-Off Policy

    The U.S. Patent and Trademark Office director has paused a policy requiring that supervisory patent examiners sign off on some first actions by examiners who have signatory authority, a policy that's been unpopular with examination staff since its rollout in the fall, Law360 has learned.

  • May 13, 2026

    4th Circ. Says Prison Misconduct Sank Sentence Cut Bid

    The Fourth Circuit has ruled that a Virginia man convicted of illegal ammunition possession should be made to serve an entire federal sentence, despite being eligible for a reduction under recently revised sentencing guidelines.

  • May 13, 2026

    1st Circ. Doubts Trump Admin's 3rd-Country Removal Policy

    The First Circuit on Wednesday questioned the sufficiency of a country's diplomatic assurances that a noncitizen won't be persecuted or tortured if the Trump administration deports them there, and whether such assurances eliminate obligations to provide notice to the deportee.

  • May 13, 2026

    2nd Circ. Backs Fed Reserve's Power To Cut Master Accounts

    The Federal Reserve has broad discretion to cut financial institutions off from master accounts, the Second Circuit ruled Wednesday, rejecting a Puerto Rico bank's argument that it has a statutory right to what is commonly referred to as "bank accounts for banks."

  • May 13, 2026

    NCAA Says Injunction Mooted WVU Players' Eligibility Suit

    The NCAA has asked a West Virginia federal judge to toss the antitrust suit of four football players, arguing that the athletes lack standing because a preliminary injunction that allowed them to play during the 2025-26 season remedied their alleged injuries.

  • May 13, 2026

    Pa. School OK To Remove List Of 'Infamous' Strikebreakers

    A divided Pennsylvania appeals panel on Wednesday held that administrators at a Pennsylvania university were allowed to remove a list of "infamous" strike-breaking union faculty members from a public bulletin board, even though the posting itself was legally protected.

  • May 13, 2026

    4th Circ. Judge Flags Energy Shortage Harms In Pipeline Fight

    A Fourth Circuit judge on Wednesday appeared less than pleased with counsel for a collection of environmental groups during a hearing to consider halting construction on an interstate pipeline, calling attention to the "one sentence" devoted to the public harm of ongoing energy shortages.

  • May 13, 2026

    Arbitrators See Global Stakes In Trump BigLaw EO Fight

    Ahead of a D.C. Circuit hearing on Thursday in the Trump administration's effort to revive executive orders imposed against four BigLaw firms, an official at the College of Commercial Arbitrators told Law360 this week there are several things arbitrators are going to be watching for.

  • May 13, 2026

    HealthSplash CEO Found Guilty In $450M Medicare Fraud Trial

    A Florida federal jury found a former healthcare company executive guilty on Wednesday of swindling Medicare out of $450 million with software that created false prescriptions for orthotic braces.

  • May 13, 2026

    CMS To Keep $1.3B From Calif., Halt New Hospice Enrollment

    The federal government on Wednesday announced it will defer more than $1.3 billion in Medicaid funds from California and halt new Medicare enrollments for hospices and home health agencies, saying it was part of an effort to crack down on fraudulent activity.

  • May 13, 2026

    SEC's New Enforcement Chief Touts 'Back To Basics' Message

    The U.S. Securities and Exchange Commission's new head of enforcement affirmed Wednesday that he fully supports Chairman Paul Atkins' focus on "quality over quantity" regarding cases, amid a dramatic decrease in original enforcement actions at the agency.

  • May 13, 2026

    Full 5th Circ. Weighs Jackson, Mississippi, Lead Poisoning Claims

    The full Fifth Circuit on Tuesday weighed whether to keep intact a lawsuit alleging the city of Jackson, Mississippi, poisoned its residents by allowing lead to leach into the water supply, asking what level of lead in the water would constitute "shocking the conscience."

  • May 13, 2026

    Mich. Panel Revives FOIA Suit, Finds Defense Frivolous

    A Michigan appellate panel partly revived a Freedom of Information Act lawsuit against a Detroit-area prosecutor's office, ruling that the office failed to adequately justify withholding records related to threats against the prosecutor and her staff, while also finding that one of its legal defenses was frivolous and sanctionable. 

  • May 13, 2026

    Feds' Sanctuary City Suit Against Boston Scrutinized

    A Massachusetts federal judge appeared poised Wednesday to throw out a Trump administration lawsuit against the city of Boston over its "sanctuary city" policy limiting cooperation with federal immigration agents.

  • May 13, 2026

    Conn. PFAS Plaintiffs Deny Forum Shopping In Montana Suit

    The City of Stamford and a local fire district are pushing back against a bid by 3M and others to sanction them for moving their claims from Connecticut to Montana, saying the sanctions bid misrepresents the facts and circumstances motivating them to join the litigation.

  • May 13, 2026

    Israel, Diplomat Hit With Suit Alleging Damage To Ga. Home

    The state of Israel and an Israeli diplomat owe a property owner thousands of dollars over homeowners association violations, lease breaches and damage done to his Atlanta home when it was leased for the diplomat and her family to live in, according to a suit filed Wednesday in Georgia federal court.

Expert Analysis

  • How SEC And CFTC Are Attempting To End Their 'Turf War'

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    Through coordinated examinations and a shared aim to end duplicative regulation, the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission's recent memorandum of understanding could represent a significant shift in the regulatory landscape for market participants subject to the jurisdiction of both agencies, say attorneys at Jenner.

  • FTC Focus: Growing Emphasis On Competition In AI

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    The Federal Trade Commission's leadership has continued to highlight that competitive risks in artificial intelligence markets may arise at multiple levels simultaneously, considering not only who controls the resources necessary to build AI systems, but also how those systems function and yield outputs, say attorneys at Proskauer.

  • What's Missing From Latest Gov't Claims Against Harvard

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    The most interesting thing about the Trump administration’s recent civil rights enforcement efforts targeting Harvard University is its decision not to assert violations of the False Claims Act when given the opportunity, despite signals that its enforcement efforts will include use of the federal FCA, say attorneys at Bass Berry.

  • How Cos. Can Prepare For 'Made In America' Ad Scrutiny

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    The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.

  • Opinion

    FTC Case Risks Redefining Price Discrimination

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    Federal Trade Commission v. Southern Glazer puts a spotlight on the blurry line between illegal price discrimination and ordinary competition, and could potentially set a precedent that puts nearly any manufacturer at risk of Robinson-Patman Act enforcement, says Jeremy Sandford at Econic Partners.

  • Parsing Rule 12(c) Motion Overuse In Securities Class Actions

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    Defendants in securities class actions have more frequently been filing motions for judgment on the pleadings following the denial of motions to dismiss, but courts have recently demonstrated an increasing willingness to reject these previously rare motions, finding them transparent attempts to relitigate already-decided issues, say attorneys at Labaton Keller.

  • Preparing For New Calif. Pay Data Reporting Requirements

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    California's S.B. 464 overhauls the state's pay data reporting framework by requiring employers to use job categories that are based on the Standard Occupational Classification system, increasing both the potential visibility of pay disparities and the complexity of compliance, say attorneys at Kaufman Dolowich.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q1

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    Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

  • Justices' Ruling Stresses Quick Action Against Absconders

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    Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.

  • New DOD Framework Offers Key Guidance On PFAS Disposal

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    The U.S. Department of Defense's recently updated guidance on disposal of materials containing per- and polyfluoroalkyl substances ends its moratorium on incineration of PFAS-containing waste, but contractors must be ready to demonstrate stringent compliance with the department's new permitting system, operational controls and data practices, say attorneys at Alston & Bird.

  • How Cos. Can Navigate The Patchwork Of AI Safety Bills

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    In the first few months of 2026, state and federal lawmakers introduced hundreds of bills to address the perceived safety risks of artificial intelligence, so companies should assess whether existing or planned services could be scoped into AI safety legislation across jurisdictions, say attorneys at Hogan Lovells.

  • Unpacking FCC's Proposed Rules For Offshore Call Centers

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    The Federal Communications Commission recently proposed rules that would restrict the use of offshore customer service operations, citing consumer frustration, data security risks and fraud as core reasons for the sweeping regulatory move, say attorneys at Eversheds Sutherland.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q1

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    As usual, California remained a hub for financial services activity in the first quarter of 2026, with key developments including the California Department of Financial Protection and Innovation's eye on consumer issues, a bill targeting "pig butchering" schemes, and jam-packed courts, say attorneys at Joseph Cohen.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Key Takeaways From The 2026 ABA Antitrust Spring Meeting

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    Last week's American Bar Association Spring Meeting revealed an antitrust landscape defined by heightened friction and tension — between federal and state enforcers, domestic and international regimes, competing political visions, and traditional enforcement tools and novel challenges, say attorneys at Skadden.

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