Public Policy

  • October 06, 2026

    Judge Newman Gets Suspension Fight Moved To 11th Circ.

    Chief Justice John Roberts has transferred the Federal Circuit's investigation of suspended U.S. Circuit Judge Pauline Newman to the Eleventh Circuit, the latter court said Tuesday.

  • October 06, 2026

    DC Circ. Probes NewsGuard Over Harm From FTC Orders

    A D.C. Circuit panel probed an attorney for NewsGuard on Tuesday about the kind of harm a Federal Trade Commission investigation and merger settlement in the advertising industry caused the news ratings group.

  • October 06, 2026

    Cos. Say Trade Court Can Issue Nationwide Tariff Refunds

    The U.S. Court of International Trade has nationwide jurisdiction over matters involving trade laws, which should give it authority to order tariff refunds for importers that paid the unlawful duties whether or not they filed their own challenge at the trade court, businesses told the Federal Circuit.

  • October 06, 2026

    Higher-Ed Groups Say DHS Upended Student Internship Rules

    Higher-education organizations have accused the Trump administration of abruptly and unlawfully imposing new restrictions on experiential learning opportunities for international students, and couching its regulatory shift as "reminders" that threatened schools and officials with sanctions and prosecutions for noncompliance.

  • October 06, 2026

    Trump Allows Dyed Fuel In Highway Use, Defers Excise Taxes

    President Donald Trump signed an executive order to temporarily allow road vehicles to use dyed diesel fuel that is typically used by off-road vehicles and to defer applicable federal excise taxes, the White House said.

  • October 06, 2026

    Judge Backs Va. Tuition Pathway For Unauthorized Students

    A federal judge in Richmond rejected the Trump administration's bid to strike down Virginia laws allowing students who are unauthorized to be in the U.S. to pay in-state tuition at public universities, breaking with a Fifth Circuit ruling on Texas tuition rules and ruling that federal law doesn't preempt the state statutes.

  • October 06, 2026

    10th Circ. Says Courts Can Review Refugee Terminations

    A divided Tenth Circuit panel ruled that federal courts can review the government's finding that a refugee did not qualify for that status at the time of admission, finding that the threshold decision is nondiscretionary and thus not barred by a federal law restricting review of discretionary immigration decisions.

  • October 06, 2026

    EB-5 Center Says USCIS Delay Jeopardizes $82M Project

    An immigrant investor regional center in Florida and a company seeking to raise funds for a planned medical school in Naples, Florida, sued U.S. Citizenship and Immigration Services, claiming a delay in approval from the government is jeopardizing funding for the $82 million project.

  • October 06, 2026

    DC Circ. Not Sure Challenge To Border Wall Halt Still Has Legs

    The D.C. Circuit didn't seem convinced Monday morning it should breathe new life into a suit claiming that the Biden administration caused people legal injury and broke the law by not considering the environmental effects of reversing the Trump administration's border policies.

  • October 06, 2026

    WTO General Council Meeting Concludes Without Decisions

    A two-day meeting of the World Trade Organization General Council did not produce any concrete decisions on proposed reforms or other matters, including the currently lapsed moratorium on e-commerce duties, a spokesperson said Tuesday.

  • October 05, 2026

    Justices Fret Any Climate Tort Ruling Will Open Pandora's Box

    U.S. Supreme Court justices Monday pondered the risks of far-reaching fallout whether they allow or restrict burgeoning lawsuits targeting oil companies, acknowledging fears of near-limitless litigation but also struggling to distinguish climate torts from famous legal battles involving tobacco and opioids.

  • October 05, 2026

    Trump's Green Card Policy Shift Must Be Blocked, Groups Say

    A slew of families, workers, unions and immigrant rights groups asked a Massachusetts federal judge to block the Trump administration's new policies requiring green card applicants to leave the country, claiming Monday it's an unlawful departure from longstanding practice that unnecessarily disrupts applicants' lives.

  • October 05, 2026

    FCC Boots Call Provider From US Networks Over Robocalls

    The Federal Communications Commission has officially blocked a Denver-based voice call provider from operating in the United States because it never assuaged the agency's concerns about what it's going to do to stop illegal robocalls from being transmitted on its network.

  • October 05, 2026

    Boston Health Worker Says Firing Followed Fraud Concerns

    A former program director in Boston's health department says he was fired after refusing to enroll new clients until his concerns about fraud in a home visiting program were addressed, according to a lawsuit filed in Massachusetts state court.

  • October 05, 2026

    9th Circ. Says PREP Act Bars Pasadena COVID Policy Suit

    The Ninth Circuit on Monday refused to revive a Pasadena employee's suit challenging the city's COVID-19 safety policy for unvaccinated city employees, ruling that the city is immune from his claims under the Public Readiness and Emergency Preparedness Act.

  • October 05, 2026

    Detroit Nonprofit Can Pursue Claims Over $40M Theft

    Family members and associates of a former Detroit Riverfront Conservancy executive who was convicted of embezzling more than $40 million lost their bid on Monday to escape the nonprofit's Michigan state court suit seeking to claw back the ill-gotten gains.

  • October 05, 2026

    5th Circ. Hints CMS Medicare Advantage Rule May Violate APA

    A Fifth Circuit panel seemed hesitant to buy an argument that a rule from the Centers for Medicare & Medicaid Services dealing with Medicare Advantage plan overpayments went through proper rulemaking steps, asking Monday if the agency's argument that it can change its rationale "upends" rulemaking procedures.

  • October 05, 2026

    FinCEN Nixes Plans For Crypto Mixer, Wallet Reporting Rules

    The Financial Crimes Enforcement Network is moving to scrap two long-dormant proposals aimed at increasing anti-money laundering oversight of transactions involving self-hosted crypto wallets and anonymizing crypto "mixers," measures that had faced stiff industry resistance.  

  • October 05, 2026

    DOL Given Until Year End To Fix H-2A Farmworker Wage Rule

    A California federal court has ordered the U.S. Department of Labor to issue a replacement wage rule for temporary agricultural workers by year-end, rejecting the agency's request for up to six months and setting the existing unlawful rule to expire by the same deadline.

  • October 05, 2026

    DOJ, Google Differ On Ad Tech Fix Timing, Oversight

    The U.S. Department of Justice and Google offered disagreement Friday largely on relatively discreet points for the mandates meant to open up Google's advertising placement technology dominance, in a Virginia federal court filing where disputes centered heavily on how long the tech company has to implement changes and who'll monitor its compliance.

  • October 05, 2026

    Media Advocacy Groups Can't Join ABC Suit Against FCC

    A D.C. federal judge Monday denied two outside groups' bid to intervene in ABC's free speech suit against the Federal Communications Commission, saying they have not shown the network cannot adequately represent viewers' interests on its own.

  • October 05, 2026

    5th Circ. Wonders If Flock Cameras Align With 4th Amendment

    A Fifth Circuit panel on Monday pressed the federal government to explain how law enforcement's use of Flock cameras to track criminal suspects without obtaining a search warrant doesn't run afoul of the Fourth Amendment, questioning prosecutors' assertion that publicly observable movements enjoy no protections.

  • October 05, 2026

    CFTC Floats Framework For Crypto Cos. Offering Leverage

    The U.S. Commodity Futures Trading Commission on Monday unveiled plans for a framework governing leveraged crypto transactions, seeking feedback on a proposal that attempts to use the agency's existing authority to regulate a section of crypto markets in the absence of legislation.

  • October 05, 2026

    Afghan Allies Fear For Lives While Stuck In Immigration Limbo

    Under the Trump administration's travel and visa restrictions, Afghans who helped U.S. efforts against the Taliban and were promised a pathway to America face uncertainty about their survival and their chances of being reunited with family members. Nearly a year into the imposition of those restrictions, Law360 looks at how Afghans are coping.

  • October 05, 2026

    Justices Mull Courts' Authority To Hear Vets' Benefits Suit

    The U.S. Supreme Court on Monday appeared split on whether the Veterans' Judicial Review Act bars federal district courts from presiding over constitutional challenges to statutes affecting veterans' benefits, with justices questioning both sides' interpretation of the law's no-review clause.   

Expert Analysis

  • 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.

  • 5 Practice Tips After DOJ's Healthcare Fraud Declination

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    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.

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    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

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    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

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    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

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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.

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