Public Policy

  • November 05, 2026

    CFTC Directs Prediction Markets To Stop Geo-Blocking Users

    The U.S. Commodity Futures Trading Commission on Thursday directed prediction market platforms and other registrants to ensure nationwide access to their offerings, which could set up a challenging scenario for platforms under court orders to block some contracts in certain states as part of ongoing prediction market litigation.

  • November 05, 2026

    DOJ Says Bannon Trial Was Unfair In Push To Toss Conviction

    Federal prosecutors Thursday renewed their bid to vacate Steve Bannon's contempt-of-Congress conviction and dismiss the indictment with prejudice, telling a Washington, D.C., federal judge they have significant doubts about the fairness of his trial because circuit precedent barred him from arguing he had not "willfully" defied a congressional subpoena.

  • November 05, 2026

    In Moderna Row, Fed. Circ. Mulls What's 'For The Government'

    The Federal Circuit on Thursday took a critical look at a lower court's decision concluding that Moderna had to face Arbutus' infringement claims over its COVID-19 vaccines, with one judge repeatedly asking why Moderna's vaccine efforts weren't "for the government" within the meaning of a statutory shield for contractors.

  • November 05, 2026

    Chicago DOJ Doc Deadline Moves, Probe Testimony May Too

    An Illinois federal judge who is looking to explore the extent to which Chicago prosecutors misrepresented their work surrounding a push to indict six "Operation Midway Blitz" protesters extended the government's document production deadline again Thursday, as a prosecutor expected to testify asked the judge to consider postponing that upcoming hearing.

  • November 05, 2026

    Judge Pauses Ban On New ACA Insurance Brokers

    A Maryland federal judge on Thursday paused a U.S. Department of Health and Human Services rule barring new insurance agents and brokers from signing up to sell plans on the Affordable Care Act marketplace for 2027, holding that HHS likely had to solicit public comment before issuing the rule.

  • November 05, 2026

    DOD Book Ban Injunction Will Follow Transferring Students

    A Virginia federal judge on Thursday expanded an order that halted the removal and ban of school library books and lessons so that it follows each plaintiff-student to any U.S. Department of Defense school they attend.

  • November 05, 2026

    Trump's Hush Money Conviction Examined By Wary NY Panel

    A New York State appellate court Thursday quizzed attorneys for President Donald Trump and state prosecutors over his hush-money conviction, exploring defense counsel's claims that the district attorney trespassed into federal jurisdiction by charging election violations and trampled on presidential immunity in a case "infected with multiple fatal errors."

  • November 05, 2026

    DOJ Can't Tie State Grants To Immigration Enforcement

    A Rhode Island federal judge has granted a coalition of states' bid to permanently bar the Trump administration from conditioning federal public safety grants on the states' cooperation with the administration's immigration enforcement priorities, vacating the funding conditions as unlawful.

  • November 05, 2026

    Examiner Attrition Threatens USPTO Backlog Push, GAO Says

    Patent examiner attrition caused by new production goals has put the U.S. Patent and Trademark Office's efforts at reducing the backlog of patent applications at risk, according to a new report issued Thursday by the Government Accountability Office.

  • November 05, 2026

    HHS Seeks To End Suit Over Aid Recipient Data Sharing

    The Department of Health and Human Services is asking a New York federal judge to either rule in its favor or otherwise throw out a suit focused on whether HHS is allowed to share personal information with the Department of Homeland Security and other agencies.

  • November 05, 2026

    Tax Court Denies Partnerships' $46.1M Charitable Deductions

    Two Georgia partnerships that formed to buy adjacent tracts of rural, mountainous land in Tennessee improperly claimed charitable contribution deductions of about $26.7 million and $19.4 million, the U.S. Tax Court ruled Thursday, saying the companies failed to obtain a qualified appraisal.

  • November 05, 2026

    Top Groups Lobbying The FCC

    Lobbying activity at the Federal Communications Commission stayed about even in October versus the month before as groups looked to influence FCC policies on issues like prison cellphone jamming, the upcoming auction of C-band airwaves, satellite coverage for smartphones and more.

  • November 05, 2026

    Stripes Subscribers Press Court To Undo Pentagon Rules

    Subscribers to the military news outlet Stars and Stripes asked a D.C. federal judge to strike down a series of policy and governance changes from the U.S. Department of Defense that curtail the publication's independence.

  • November 05, 2026

    Immigration Attys Push To Restore Detainees To ICE Database

    Legal aid groups on Wednesday urged a Massachusetts federal judge to order the Trump administration to restore access to information about the whereabouts of thousands of detained people whose records suddenly disappeared from an online database.

  • November 05, 2026

    Mich. Court Revives Drowning Claims Over Park Revenue

    A Michigan state appeals court panel on Wednesday revived two claims in a lawsuit against the City of Muskegon connected with the 2022 drowning death of a 19-year-old college athlete at a city park, finding that further proceedings are needed to determine if the city is shielded by government immunity.

  • November 05, 2026

    Mass. Voters Widen Records Law, Teeing Up New Legal Fights

    After voting to allow an audit of the Legislature in 2024, the Massachusetts electorate overwhelmingly passed a ballot initiative Tuesday expanding public records law to include the governor and Legislature, but experts told Law360 that another round of litigation looms.

  • November 05, 2026

    IRS Wrongly Rejected $28.8M Easement Claim, Tax Court Told

    The IRS wrongly asserted a roughly $10.6 million income tax underpayment and $4.3 million in penalties against an Alabama partnership, the company told the U.S. Tax Court, disputing the agency's determination that it failed to show it's entitled to a $28.8 million charitable contribution claimed for a conservation easement donation.

  • November 05, 2026

    DOJ Targets Penn State In Immigrant Tuition Suit Blitz

    The Department of Justice on Thursday filed a lawsuit against Penn State University alleging that the college unconstitutionally extends in-state tuition rates to undocumented individuals while denying the same benefit to American citizens.

  • November 05, 2026

    DOJ Says Willow Bridge's RealPage Deal Needs No Tweaks

    The U.S. Department of Justice responded to commenters pushing for changes to the rent price-fixing settlement it reached with Willow Bridge Property Co. LLC, arguing there's no need to add a distinction in the deal between rent renewals and first-time leases.

  • November 05, 2026

    New Tech, Diluted Noncompetes Drive Up Trade Secret Cases

    Artificial intelligence tools are making it easier for employees to take off with valuable trade secrets when they switch employers, while noncompete agreements are becoming more difficult to enforce, a combination that is spurring an increase in trade secret cases, experts told Law360.

  • November 05, 2026

    Wash. To Pay $73K In Fees Under Pretrial-Exam-Delay Deal

    Washington state must pay plaintiffs' counsel roughly $73,000 in attorney fees and costs in a long-running case over its treatment of pretrial detainees in criminal proceedings, a Washington federal judge has ruled.

  • November 05, 2026

    Tower Asks For Waiver, Clarification Related To EchoStar Fund

    A commercial tower landlord has asked the Federal Communications Commission for clarification or a waiver of agency rules governing a trust that EchoStar must use to repay companies related to its bankruptcy case.

  • November 05, 2026

    Mo. Judge Tosses Hemp Co. Challenge To New State Law

    A Missouri federal judge has tossed a lawsuit brought by hemp companies challenging the state's new law regarding intoxicating hemp products, finding that the policy is neither unconstitutional nor preempted by federal law governing hemp.

  • November 05, 2026

    Bike Group Backs Injunction Blocking DC Golf Course Plan

    A bicyclist advocacy group urged a D.C. federal judge to keep the Trump administration from cutting down more trees or taking other steps to develop a championship-style golf course at East Potomac Park while litigation over the allegedly unlawful project proceeds.

  • November 05, 2026

    Feds Say Union, Groups Can't Stop Wash. Ballot Demands

    President Donald Trump's administration urged a Washington federal court not to block federal officials from asking the state to set aside ballots cast by suspected noncitizens, arguing that a union and two voter advocacy groups challenging the effort have not been harmed because the state has already declined the request.

Expert Analysis

  • How Bank Lobby's Suit Tests OCC's Crypto Charter Powers

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    The Independent Community Bankers of America’s recent lawsuit challenging the Office of the Comptroller of the Currency’s ability to charter cryptocurrency companies marks another chapter in the struggle over the appropriate regulatory framework for digital assets, while raising a classic administrative law question at its most basic level, say attorneys at Ballard Spahr.

  • 4 Steps For Cos. Amid Russia Sanctions Law Uncertainty

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    Russian companies, their U.S. subsidiaries and businesses with Russian commercial relationships should take concrete steps to determine their exposure under ambiguous provisions of legislation that recently expanded the scope of U.S. sanctions, notwithstanding an Oct. 16 executive order waiving most of its restrictions, say attorneys at Wilk Auslander.

  • New Calif. Law Ties Finance Contracts To State Licensing

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    Under a California law taking effect in 2028, commercial financing licensing requirements have been substantially expanded — meaning that fintechs relying on limited regulatory enforcement will face risk from their own borrowers, who could use licensing failures to resist repayment, say attorneys at Husch Blackwell.

  • 3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

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    The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.

  • How FCC Robocall Rules Reshape TCPA Opt-Out Compliance

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    The Federal Communications Commission's recent changes to its Telephone Consumer Protection Act rules may simplify how businesses process consumer opt outs for robocalls and robotexts, but they also introduce nuances to the opt-out process that may be challenging to operationalize, say attorneys at Hunton.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

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    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

  • Managing Employer Risk Under Calif.'s No Robo Bosses Law

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    California's No Robo Bosses Act marks the state's first statutory limit on using artificial intelligence in employee discipline and termination decisions, creating exposure for employers through its corroboration and notice requirements, burden-shifting framework, and potential reach under the Private Attorneys General Act, say attorneys at Reed Smith.

  • IRS Rule May Put Private Schools' Exempt Status At Risk

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    In light of recently proposed Treasury regulations that would narrow the options for diversifying student communities, private schools should reexamine how race enters their admissions, financial aid and student programs or risk losing tax-exempt status, say attorneys at Atkinson Andelson.

  • AG Watch: Minnesota Takes Action To Secure Child Safety

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    Minnesota Attorney General Keith Ellison has built one of the most aggressive and structurally coherent child protection enforcement programs in the country, targeting consumer-facing sectors that his office has concluded prey on minors, such as tobacco and nicotine, social media platforms, and artificial intelligence, say attorneys at Crowell & Moring.

  • Southern Glazer's Deal Tests FTC's Robinson-Patman Push

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    A California federal court's recent decision in Federal Trade Commission v. Southern Glazer's secures a rare Robinson-Patman Act pricing limitations agreement, but conditions attached to the decision indicate that practitioners may only see a handful of new private RPA cases a year, says Steven Cernak at Bona Law.

  • Opinion

    The SEC Crypto Proposal Rests On A Term No One Can Define

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    The U.S. Securities and Exchange Commission's recently proposed Regulation Crypto Assets is its most ambitious attempt to set rules for the crypto industry, but its repeated use of the phrase "essential managerial efforts" means it perpetuates the uncertainty the regime is meant to cure, says Joseph A. Hall at Davis Polk.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

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    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Opening Up Fraud Talks With Customers After SAR Guidance

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    Federal financial regulators’ recent statement that the Bank Secrecy Act permits financial institutions to discuss potential fraud with customers, provided they don’t reveal the existence of any suspicious activity reports, means banks that have been tighter-lipped than regulations require can consider passing additional useful information on to customers, say attorneys at MoFo.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

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    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

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