Public Policy

  • October 30, 2026

    3 Ways Burgeoning AI Use Can Trip Up Benefits Providers

    As the use of artificial intelligence in the employee benefits space grows, experts warn that companies need to be vigilant to guard against mishaps caused by the emerging technology. Here, Law360 looks at three areas where benefits attorneys say AI can cause legal headaches.

  • October 30, 2026

    1st Circ. Affirms Toss Of Challenge To DHS Records Rule

    Counsel for asylum-seekers and immigrants facing removal lack standing to challenge a U.S. Department of Homeland Security policy requiring them to obtain their clients' immigration and visa records via the Freedom of Information Act rather than discovery, the First Circuit has found.

  • October 30, 2026

    Judge Opens Ethics Inquiry Into DOJ's Golf Course Candor

    A D.C. federal judge opened an inquiry Friday into whether Trump administration attorneys and officials violated their ethical obligations to the court when they repeatedly told her that there were no plans to close East Potomac Golf Course for an overhaul at President Donald Trump's behest.

  • October 29, 2026

    DOJ Boosts Alaska Election Suit As State Asks For Dismissal

    The U.S. Department of Justice Thursday filed an amended, more detailed version of its lawsuit over the two Dan Sullivans running in Alaska's Senate race, prompting the state to urge the federal court to throw it out, arguing that the new complaint "has no more legal basis than the original one."

  • October 29, 2026

    Meta Faces Senate Inquiry Over AI Glasses Privacy Risks

    Two Democratic senators on Thursday launched an investigation into allegations that Meta Platforms' "smart" glasses capture sensitive images of users and bystanders without their consent and use the data to train the tech giant's artificial intelligence models.

  • October 29, 2026

    Archaeologists Win Bid To Halt Transfer Of Native Artifacts

    A Wyoming federal judge has for now blocked the U.S. Department of the Interior from moving six archaeological collections of Indigenous artifacts in Wyoming and Colorado out of the government's control, saying irreparable harm will result if the agency action moves forward.

  • October 29, 2026

    NY Bars AI Chatbots From Using Emotional Tactics With Kids

    New York Gov. Kathy Hochul signed a law Wednesday that creates a regulatory framework restricting artificial intelligence chatbots' emotional interactions with minors, spurring swift pushback from business groups, which criticized the legislation for allegedly being unconstitutionally vague and overly broad.

  • October 29, 2026

    Colo. Justices Won't Review Hospital's Injunction Compliance

    The Colorado Supreme Court declined Thursday to take up transgender youth patients' challenge to a Denver judge's ruling that discharged their contempt citation against Children's Hospital Colorado for not resuming providing medical gender-affirming care to transgender adolescents.

  • October 29, 2026

    Panel Says Municipalities Can't Be Sued Under Colo. FCA Law

    In a matter of first impression, the Colorado Court of Appeals Thursday found that a municipality can't be held liable under the Colorado False Claims Act because a municipality isn't a "person" under the statute.

  • October 29, 2026

    7th Circ. Probes Trump's Challenge Of Ill. Sanctuary Laws

    The Seventh Circuit pressed the Trump administration Thursday to address how refusal by Illinois and other sanctuary jurisdictions to help federal officers take custody of immigrants leaving state jails amounts to unlawful interference with federal immigration law, while also expressing skepticism that such cooperation amounts to unconstitutional commandeering of local law enforcement resources.

  • October 29, 2026

    Navy Beats Clean Water Act Suit Over Fuel Discharges

    A Hawaii federal judge ruled in favor of the U.S. Navy over an environmental group's claims it violated the Clean Water Act by discharging fuel into Pearl Harbor, saying there's no reasonable likelihood that the Navy will continue to do so.

  • October 29, 2026

    GEO Says Colo. Health Inspection Law Suit Should Survive

    The federal contractor that runs an immigration detention center near Denver is coming out swinging against Colorado's attempt to kill its suit challenging a state law requiring extra inspections, saying its claims cannot be considered premature just because the state has not enforced the law yet.

  • October 29, 2026

    EMT Immunity Doesn't Cover Driving, Wash. Justices Say

    Emergency medical technicians' qualified immunity from negligence claims in Washington does not extend to driving ambulances, a divided state Supreme Court held Thursday, ruling that the transportation of patients falls outside EMTs' statutory immunity for rendering emergency services.

  • October 29, 2026

    Gov't Urges Court To Dismiss $50B Ligado Takings Case

    The federal government has urged the U.S. Court of Federal Claims to dismiss Ligado's attempt to secure $50 billion over claims the Pentagon prevented the company from using valuable spectrum rights it bought for exclusive use to build a terrestrial wireless network.

  • October 29, 2026

    Fugitive Former Conn. Official Must Pay Capital One $25K

    A onetime Connecticut budget official who fled to Greece as sentencing neared in one federal public corruption case and a trial loomed in another must pay more than $25,000 to cover the balance of a Capital One personal loan, a state judge has ruled.

  • October 29, 2026

    NY Judge Temporarily Pauses NYC's Chinatown Jail Project

    A New York state judge has placed a temporary pause on the construction of a jail in New York City's Chinatown neighborhood, siding with a group of New Yorkers who sued the city and a Tutor Perini Corp. joint venture over the noise allegedly caused by the project.

  • October 29, 2026

    US Tells Justices FedEx Can't Appeal Interested Party Order

    The U.S. government has urged the U.S. Supreme Court to ignore a petition from FedEx Corp. seeking review of whether Qualcomm Inc. complied with real-party-in-interest requirements when it challenged FedEx patents, saying the Federal Circuit got it right by declining to hear the case.

  • October 29, 2026

    Courts Can't Nix Calif. Waiver Moves, EPA Tells DC Circ.

    The Trump administration has urged the D.C. Circuit to restore the U.S. Environmental Protection Agency's move to make Clean Air Act waivers for California subject to potential rescission by lawmakers, saying a lower court wrongly intruded on Congressional authority in blocking the effort.

  • October 29, 2026

    Union Sues IRS Over Termination Of Workers' Contract

    The Internal Revenue Service violated federal law by terminating its collective bargaining agreement with a union representing the agency's employees in light of a 2025 executive order from President Donald Trump, the union has claimed in a lawsuit filed in Massachusetts federal court.

  • October 29, 2026

    Utah Hits Kalshi With Criminal Charges Over Sports Offerings

    Utah has brought criminal charges in state court against Kalshi and its co-founders under its anti-gambling laws, amid an ongoing jurisdictional battle over whether federal law preempts state and tribal regulation of the prediction market platform's sports event contracts.

  • October 29, 2026

    Warren Calls For BofA Criminal Probe After $1.2B AML Fine

    Massachusetts Sen. Elizabeth Warren, the ranking Democrat on the Senate Committee on Banking, Housing, and Urban Affairs, called for a federal criminal probe Thursday into Bank of America after the U.S. Treasury Department fined the institution $1.2 billion this month over alleged anti-money laundering failures.

  • October 29, 2026

    Admin Ordered To Identify States Hit With Voter Roll Demands

    A D.C. federal judge ordered the Trump administration to quickly turn over a list of states from which it has demanded immigration-related voter roll changes to Democratic campaign officials and congressional leaders Thursday, saying the list could make or break the Democrats' bid for an injunction to halt the demands.

  • October 29, 2026

    Treasury Asked To Narrow Crackdown On Fund Strategies

    The U.S. Treasury Department should develop targeted rules distinguishing abusive transactions from long-standing investment management practices in new enforcement that scrutinizes novel strategies exploiting the tax benefits of certain investment vehicles and financial products, firms and organizations told the department.

  • October 29, 2026

    FCC Agrees To Rules Targeting Some Foreign Test Labs

    The Federal Communications Commission voted Thursday to block recognition of equipment testing labs in countries that do not similarly recognize U.S.-based labs.

  • October 29, 2026

    Mich. Judge Mulls Detroit Sign Rules Ahead Of Election

    A Michigan federal judge questioned Detroit's permitting requirements for political signs Thursday as she considered whether to let a congressional write-in candidate display dozens of campaign signs outside businesses ahead of Tuesday's election.

Expert Analysis

  • Responding To State Packaging Law Uncertainty

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    As states roll out new packaging and recycling mandates, companies face expanding compliance duties and a growing wave of constitutional challenges that offer key lessons for managing regulatory risk, say attorneys at Crowell & Moring.

  • CMS Rule, DOJ Probes Deepen Gender Care Compliance Risk

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    The Centers for Medicare & Medicaid Services' final rule restricting Medicaid funding for hospitals that provide gender-affirming care is likely to face immediate litigation, but the CMS rulemaking is already working alongside U.S. Department of Justice's enforcement campaign to create operational risk for providers, say attorneys at Arnall Golden.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

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    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

  • How Trucking Cos. Can Tackle Risk From New DOJ Task Force

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    Trucking companies should audit their drivers’ credentials and address risk areas lest they attract the attention of the new Justice Department-led task force against the fraudulent licensing of immigrants as commercial truckers, which is turning former questions of administrative or regulatory noncompliance into matters for federal prosecution, say attorneys at RJO.

  • What To Expect From Colorado's New Artist Co. Structure

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    Colorado's newly established class of artist companies, or A-Corps, provides a useful structure for small-scale ventures, but challenges could arise for more complex business plans, and limitations on investor participation may limit widespread adoption, say attorneys at Armstrong Teasdale.

  • 2 Cases Shed Light On Invoking The 5th Before Congress

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    Given the anticipated increase in congressional investigations following the midterm elections, those who anticipate being in Congress' spotlight can draw valuable Fifth Amendment lessons from the ongoing case involving Dr. Anthony Fauci's testimony and the D.C. Circuit’s recent ruling in de la Torre v. Cassidy, say attorneys at King & Spalding.

  • AG Watch: Oregon Targets Consumer Costs

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    Oregon Attorney General Dan Rayfield's challenges to bank interest rate and escrow preemption signal heightened scrutiny of consumer costs for lending services, requiring financial institutions serving Oregon and other states with opt-out laws to reassess compliance risk, says Keturah Taylor at Cozen O'Connor.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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