Public Policy

August 20, 2025
In Illinois, Public Defender Welcomes Sea Change In Structure

Illinois is set to receive the first overhaul of its public defense system in 75 years, and Champaign County Chief Public Defender Elisabeth Pollock is "very much looking forward" to it, she told Law360.
August 20, 2025
Chemours Says Injunction Appeal Warrants Stay Of CWA Suit

Chemours urged a federal judge to pause a Clean Water Act citizen suit while it appeals a preliminary injunction ordering it to stop its Washington Works plant from discharging excessive amounts of a "forever chemical" into the Ohio River.
August 20, 2025
Commerce Floats 200% Duty On Chinese Plastic Bins, Totes

The U.S. Department of Commerce preliminarily determined that imported polypropylene corrugated boxes from China could be subject to countervailing duties of up to nearly 200%, according to a notice published Wednesday.
August 20, 2025
NY Town To Expedite Mosque Approvals In Land-Use Deal

The town of Oyster Bay, New York, has settled a mosque's claims that the town amended its parking laws in a targeted attempt to thwart redevelopment efforts, agreeing to oversee the quick approval of the mosque's application and to amend the underlying parking ordinance.
August 20, 2025
DOJ's Suit Over Ill. E-Verify Restrictions Gets Tossed

An Illinois federal judge on Tuesday denied a bid by the U.S. Department of Justice to block provisions of a recently amended Illinois law restricting the use of systems such as E-Verify to check prospective workers' employment eligibility and dismissed the case outright, calling the DOJ's interpretation of the relevant preemption clause "broad to the point of absurdity."
August 20, 2025
FCC Denies Carrier's Bid To Avoid Rural Fund Clawback

The Federal Communications Commission denied a Midwest broadband provider's request to waive a $24 million penalty for defaulting on its Rural Digital Opportunity Fund commitments, saying the company's due diligence was inadequate when it decided to pursue fund money for buildouts in areas that were already served by others.
August 20, 2025
Farmworkers Union Can't Halt Latest Prevailing Wages Survey

A farmworkers union cannot halt the U.S. Department of Labor from replacing 2020 prevailing wages with 2022 wage-survey results, a Washington federal judge ruled, saying the alleged harm is self-inflicted because the later wages were published following the union's actions.
August 20, 2025
Mich. Legislature Mulls Reinstating Premises Liability Defense

Michigan state lawmakers heard testimony on Wednesday on a bill that would bring back a defense to slip-and-fall claims that the Michigan Supreme Court recently scrapped, as business groups said insurance premiums and litigation costs have risen in the wake of the high court ruling.
August 20, 2025
Insurers Say Gov't Misusing FCA To Get Medicare Cost Cap

Insurers accused of paying brokers to steer customers to their Medicare Advantage plans asked a Massachusetts federal judge to dismiss a False Claims Act lawsuit, saying the government is mischaracterizing legal payments for marketing as kickbacks in an attempt to impose caps it has thus far been unable to obtain.
August 20, 2025
Trump Says Fed's Cook 'Must Resign' Amid Loan Fraud Claim

President Donald Trump's Federal Housing Finance Agency chief on Wednesday accused Federal Reserve Gov. Lisa Cook of potential mortgage fraud and said he has referred the matter to federal prosecutors, prompting Trump to call for Cook's immediate resignation.
August 19, 2025
CFPB Ends 'Biased' Investigation Of Gun-Financing Fintech

Credova, a fintech firm specializing in buy-now, pay-later financing for firearms and outdoor recreational goods purchases, is no longer facing what the Consumer Financial Protection Bureau now says was a "politically motivated" investigation on its part, the firm's parent company announced Tuesday.
August 19, 2025
Advocacy Groups Ask Judge To Stall Texas Redistricting Plan

Multiple voting rights advocacy organizations asked a Texas federal judge to hear their case for a court order aimed at stalling the Texas Legislature's controversial redistricting plan, saying the proposed plan blatantly violates the U.S. Constitution.
August 19, 2025
Chamber Scorns Bid To Unseal FTC's Dropped Pepsi Complaint

The U.S. Chamber of Commerce has asked a New York federal judge to deny an advocacy group's request to unseal the Federal Trade Commission's abandoned price discrimination case against Pepsi, saying it would reveal "confidential investigatory material that courts routinely keep under seal."
August 19, 2025
Capitol Hill Aides See NTIA Renewal As Crucial This Year

Congress will make it a priority to reauthorize the federal spectrum management agency this year, aides to key lawmakers on telecom issues said Tuesday.
August 19, 2025
9th Circ. Sides With Wash. In Immigration Detention Law Case

A Ninth Circuit panel has overturned an injunction blocking a Washington state law calling for new health and safety standards at the state's privately run immigration detention center, saying Tuesday the lower court wrongly compared the facility to a prison when ruling in favor of its for-profit operator, GEO Group Inc.
August 19, 2025
USDOT Flags States' Lapses In Deadly Fla. Truck Crash Probe

The U.S. Department of Transportation on Tuesday called out three states' apparent failures in enforcing licensing standards for commercial truck drivers following last week's deadly highway crash in Florida that left three people dead and instantly became a flash point for the Trump administration's hard-line immigration policies.
August 19, 2025
USCIS To Vet Immigration Benefit Bids For 'Anti-Americanism'

The Trump administration said Tuesday immigration officers will consider "anti-Americanism" when deciding to grant certain immigration benefit requests, like adjustment of status, saying in a new policy alert that supporting antisemitic ideologies will be an "overwhelmingly negative factor."
August 19, 2025
FDIC Seeks To Pare Down Biden-Era Digital Signage Rule

The Federal Deposit Insurance Corp. moved Tuesday to relax its Biden-era digital signage rule, issuing a proposed revamp that it said is aimed at addressing bank concerns about "implementation issues" arising from the new logo and disclosure requirements.
August 19, 2025
Robinhood Sues NJ, Nevada Over Blocked Sports Contracts

A Robinhood subsidiary sued the states of New Jersey and Nevada on Tuesday in an effort to ward off a potential enforcement action as it has begun allowing users to trade on the outcome of sports games despite the states' warnings not to do so.
August 19, 2025
Tufts Student Says Feds Can't Dodge Detention Oversight

Turkish student Rümeysa Öztürk, who the Trump administration arrested after she co-wrote a pro-Palestinian column in her university's newspaper, told the Second Circuit on Monday that the government's position that she can't challenge her detention via habeas proceedings is unconstitutional.
August 19, 2025
Wyoming Launches First State-Issued Stablecoin

Wyoming on Tuesday became the first U.S. state to issue its own stable-value token, with public purchasing soon to come.
August 19, 2025
Nonprofits, Union Fight Withholding Of AmeriCorps Funds

A group of nonprofits and a union added claims to their suit in Maryland federal court aiming to stop the Trump administration from dismantling AmeriCorps, accusing the Office of Management and Budget of unlawfully withholding millions of dollars appropriated by Congress for grant programs.
August 19, 2025
West Texas A&M Can't Ban Drag Shows, 5th Circ. Says

A split Fifth Circuit has reversed a decision that allowed West Texas A&M University to ban drag shows on its campus, writing that art does not need to be like "works of Picasso, Schöenberg, and Carroll" to be protected by the First Amendment.
August 19, 2025
FCC Democrat Poised To Sue If Trump Seeks Her Removal

The Federal Communications Commission's lone Democratic member said this week it would be unlawful for President Donald Trump to attempt to remove her from office and that she's willing to go to court if he tries.
August 19, 2025
Trump Energy Orders Suit Must Be Sustained, Youths Say

Youths alleging President Donald Trump's energy policy directives harm their future by exacerbating climate change have urged a federal judge to keep their lawsuit alive, saying it "defies reason, science" for the government to claim the actions don't move the climate needle.

Editor's Picks

Trump's Legal Battles

States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.

Expert Analysis

How Tariffs Can Affect Event Studies In Securities Litigation

When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
A Look At Robinson-Patman Enforcement In The MLM Industry

The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
A Former PTAB Judge Weighs The End Of Remote Hearings

Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
How Proposed FAA Rule May Streamline Drone Operations

The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
What To Expect From 401(k) Plan Alternative Assets Order

The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
The Future Of Lab-Test Regs After FDA Rescinds Rule

The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.
How AI Is Easing Digital Asset Recovery In Fraud Cases

In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.
Fleeing Or Just Leaving Quickly? 2nd Circ. Says It Depends

The Second Circuit’s recent U.S. v. Bardakova decision adopted a new approach for determining whether a defendant who commits a crime in the U.S., and then leaves and remains abroad, intends to avoid prosecution — making it more difficult to argue against the fugitive disentitlement doctrine in most cases, say attorneys at MoloLamken.
Sanctions Considerations For Reentering The Syrian Market

Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.
What 2 Profs Noticed As Transactional Law Students Used AI

After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
Despite SEC Reset, Private Crypto Securities Cases Continue

While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
State AGs Are Turning Up The Antitrust Heat On ESG Actions

Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
Crypto Custody Guidelines Buoy Both Banks And Funds

A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
Top Takeaways From Trump's AI Action Plan

President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
Navigating Executive Perk Enforcement Under Trump Admin

While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.