Public Policy

September 24, 2025
Sen. Ossoff Pushes Fed. Courts To Uphold Access To Counsel

Sen. Jon Ossoff, D-Ga., has urged the Judicial Conference to take further action to ensure that all defendants, particularly low-income ones, have access to counsel for their initial appearance in federal court.
September 24, 2025
Ohio House Bill Seeks Approval Rule For Some Property Tax

Ohio would require some political subdivisions to obtain approval from their member governing bodies before imposing property tax above a statutory limit under a bill introduced in the state House of Representatives.
September 23, 2025
UC Researchers Win Expanded Injunction Against Grant Cuts

A California federal judge Monday issued another preliminary injunction ordering the Trump administration to reinstate grants awarded to University of California researchers, this time resurrecting grants awarded by the U.S. Department of Defense, the U.S. Department of Transportation and the National Institutes of Health.
September 23, 2025
Judiciary Dems Demand Feds Explain 'Border Czar' Probe

Democratic members of the Senate Judiciary Committee announced Tuesday they are looking into the Trump administration's alleged closure of a U.S. Department of Justice bribery investigation of White House "border czar" Thomas Homan, following recent news reports that he accepted $50,000 from an undercover FBI agent.
September 23, 2025
Industry Witnesses In Google Ad Tech Case Not 'That Helpful'

A Virginia federal judge tightened the leash Tuesday on the U.S. Department of Justice and Google fight over the company's advertising placement technology business, expressing dissatisfaction with non-technical industry witnesses testifying about the benefits and costs of a government breakup proposal.
September 23, 2025
Ad Groups Urge Newsom To Veto Calif. Opt-Out Tool Bill

Four major ad industry groups are asking California Gov. Gavin Newsom to veto a bill that would require browser developers to offer a digital tool enabling consumers to more easily opt out of online behavioral advertising throughout the web.
September 23, 2025
5th Circ. Won't Disturb EPA's Denial Of Texas Ozone Plan

The Fifth Circuit on Monday refused to upend a U.S. Environmental Protection Agency decision denying Texas' Clean Air Act implementation plans, finding that the EPA's procedure complied with the law and its reasoning for denying the plans "was sound."
September 23, 2025
DC Circ. Says FMC's Late-Fee Rule Makes No Sense

The Federal Maritime Commission's "demurrage and detention" fees rule does not make sense, the D.C. Circuit has ruled, partially striking down the rule after finding that the agency had not given a good reason for allowing some entities to be fined for shipping delays while blocking others.
September 23, 2025
Towing Cos. Can Bill For Special Rigs, Conn. Justices Say

Upending three lower decisions to the contrary, the Connecticut Supreme Court on Tuesday said tow truck operators can charge extra fees on top of hourly labor rates when using specialized equipment to clear highway wrecks, saying a limited interpretation of a state motor vehicle regulation could hinder accident cleanup efforts.
September 23, 2025
Sandisk Gets Support In 'Settled Expectations' Challenge

Industry groups, professors and Unified Patents are backing Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's policy of denying review of patents based on the owner's "settled expectations," saying it flouts the law and undermines the patent review system.
September 23, 2025
Amazon Prime Trapped Consumers, FTC Tells Seattle Jury

Amazon knew for years that millions of people were inadvertently enrolling in its Prime subscription program because of its design choices but prioritized boosting membership counts over fixing the problem, the Federal Trade Commission told a Seattle federal jury on Tuesday, kicking off a long-awaited consumer protection trial against the e-commerce giant.
September 23, 2025
Banks Urge SEC To Hold Crypto Custody To Same Standards

Financial services trade groups have cautioned the U.S. Securities and Exchange Commission against broadly permitting investment advisers and state-chartered trust companies to safeguard customer's cryptocurrency assets, urging the agency to maintain equal standards for all financial custodians amid planned crypto rulemaking.
September 23, 2025
NC Legislature Passes Bill To Eliminate Cashless Bail

In the wake of the murder of a Ukrainian refugee on public transit allegedly by a man recently arrested and freed on a promise to appear, North Carolina's General Assembly on Tuesday passed a bill to eliminate cashless bail and make it easier to execute people in the state.
September 23, 2025
FCC Demands Boomerang, Others Repay $1.1M For Contracts

The Federal Communications Commission said it is owed more than $1.1 million for spending more on computer tablets than was needed by two wireless companies during pandemic-era assistance programs.
September 23, 2025
CFTC Seeks Feedback On The Use Of Crypto Collateral

The U.S. Commodity Futures Trading Commission launched an initiative on Tuesday to enable the use of certain crypto assets as collateral in derivatives markets, soliciting industry suggestions on potential pilot programs, amendments to regulations and relevant issues.
September 23, 2025
Hedge Funds Call For CFTC To End Dual Registration

A group representing the hedge fund industry is calling on the U.S. Commodity Futures Trading Commission to drop the need for industry participants to submit to agency oversight in cases where fund managers are already registered with the U.S. Securities and Exchange Commission, calling the dual registration requirement "costly" and "inefficient."
September 23, 2025
CFPB Frees Apple, US Bank From Biden-Era Consent Orders

The Consumer Financial Protection Bureau has lifted two more enforcement orders issued during the Biden administration, this time granting both Apple Inc. and U.S. Bank NA an early release from ongoing monitoring years ahead of schedule.
September 23, 2025
New Illinois Law Opens The Door To More Toxic Tort Litigation

A new Illinois law expanding the state's jurisdictional reach in toxic tort cases has drawn mixed reactions from attorneys, with some praising the law as an added accountability measure for toxic exposure and others decrying it as an open invitation for forum shopping that could clog the state's dockets.
September 23, 2025
ACLU Says ICE Won't Provide Records On Colo. Expansion

The American Civil Liberties Union Foundation of Colorado claimed in federal court on Tuesday that U.S. Immigration and Customs Enforcement is refusing to comply with a request for information on plans to expand operations in the state.
September 23, 2025
Professor Says New West Point Policy Stifles Free Speech

The longest-serving law professor at West Point has accused the school of violating the free speech rights of its civilian instructors with a new policy that requires professors to obtain permission before participating in or publishing papers tied to their position at the school.
September 23, 2025
Alaska Tribe Fights State's Bid To Revive Gaming Case

An Alaskan Native Village is fighting a request by the state to reopen a dispute that rejected the tribe's bid to secure the right to open a bingo hall, telling a D.C. federal court there's nothing to enforce in the matter.
September 23, 2025
Enviro Orgs. Ask 5th Circ. To Review Delfin LNG Project License

Environmental groups on Monday asked the Fifth Circuit to find that the U.S. Department of Transportation violated federal law when it issued a license for the construction and operation of the Delfin LNG LLC deepwater liquefied natural gas project.
September 23, 2025
11th Circ. Affirms Toss Of Ga. Strip Club's Ordinance Suit

The Eleventh Circuit on Tuesday upheld the dismissal of a lawsuit filed by Atlanta-area strip club Follies against the city of Chamblee, alleging the city passed a series of unconstitutional ordinances related to the sale of alcohol at adult establishments that forced it to close its doors.
September 23, 2025
DHS Floats H-1B Rule To Prioritize Higher-Paid Workers

The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.
September 23, 2025
Trump Tariffs Are Constitutional, President's Allies Tell Justices

Two Republican lawmakers and two allied nonprofit groups told the U.S. Supreme Court on Tuesday that it should allow President Donald Trump's emergency tariffs authorized under the International Emergency Economic Powers Act.

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

Calif. Bill May Shake Up Healthcare Investment Landscape

If signed by the governor, newly passed California legislation would significantly expand the Office of Health Care Affordability's oversight of private equity and hedge fund investments in healthcare companies and management services organizations, and raise several questions about companies' data confidentiality and filing burdens, say attorneys at Ropes & Gray.
How Prohibiting Trigger Leads May Affect Mortgage Marketing

Recent amendments to the Fair Credit Reporting Act prohibiting the sale of trigger leads mark a significant shift in the regulatory landscape for mortgage lenders, third-party lead generators and their legal counsel, who should reevaluate lead generation strategies and compliance protocols, say Joel Herberman, Rob Robilliard and Leah Dempsey at Brownstein Hyatt.
How Hyperlinks Are Changing E-Discovery Responsibilities

A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
Pharma Copay Programs Raise Complex Economic Questions

The growing prevalence of copay accumulator and maximizer programs in the pharmaceutical industry is drawing increased scrutiny from patients, advocacy groups, lawmakers and courts, bringing complex questions about how financial responsibility for prescription drug purchases is determined and complicating damages assessments in litigation, say analysts at Analysis Group.
State False Claims Acts Can Help Curb Opioid Fund Fraud

State versions of the federal False Claims Act can play an important role in policing the misuse of opioid settlement funds, taking a cue from the U.S. Department of Justice’s handling of federal fraud cases involving pandemic relief funds, says Kenneth Levine at Stone & Magnanini.
Pemex Bribery Charges Provide Glimpse Into FCPA Evolution

A recently unsealed indictment against two Mexican nationals for allegedly bribing officials at Pemex, Mexico’s state-owned oil company, reveals that Foreign Corrupt Practices Act enforcement is adapting to new priorities, but still remains active, and compliance programs should continue apace, say attorneys at Crowell & Moring.
CFPB Proposal Defining Consumer Risk May Add Uncertainty

Though a recent Consumer Financial Protection Bureau proposal would codify when risks to consumers justify supervisory intervention against nonbanks, furthering Trump administration plans to curtail CFPB authority, firms may still struggle to identify what could attract supervisory designation under the new rule, say attorneys at Steptoe.
Targeting Execs Could Hurt SEC's Probusiness Goals

While many enforcement changes under the Trump administration’s U.S. Securities and Exchange Commission have been touted by commission leadership as proinnovation and probusiness, a planned focus on holding individual directors and officers responsible for wrongdoing may have the opposite effect, say attorneys at MoFo.
Preserving Refunds As Tariffs Await Supreme Court Weigh-In

In the event that the U.S. Supreme Court decides in V.O.S. Selections v. Trump that the president doesn't have authority to levy tariffs under the International Emergency Economic Powers Act, importers should keep records of imports on which they have paid such tariffs and carefully monitor the liquidation dates, say attorneys at Butzel.
How Justices' Ruling Upends Personal Jurisdiction Defense

The U.S. Supreme Court's recent decision in Fuld v. Palestinian Liberation Organization, holding that the Fifth Amendment's due process clause does not require a defendant to have minimum contacts with a forum, may thwart foreign defendants' reliance on personal jurisdiction to evade federal claims in U.S. courts, say attorneys at Axinn.
Key Points From DOJ's New DeFi Enforcement Outline

Recent remarks by the U.S. Department of Justice's Criminal Division head Matthew Galeotti reveal several issues that the decentralized finance industry should address in order to minimize risk, including developers' role in evaluating protocols and the importance of illicit finance risk assessments, says Drew Rolle at Alston & Bird.
Revamped Opportunity Zones Can Aid Clean Energy Projects

The Qualified Opportunity Zone program, introduced in 2017 and reshaped in the One Big Beautiful Bill Act, offers investors federal tax incentives for development in low-income communities — incentives that are especially meaningful for clean energy projects, where capital-intensive infrastructure and long-term planning are essential, say attorneys at Dentons.
Assessing Potential Ad Tech Remedies Ahead Of Google Trial

The Virginia federal judge tasked with prying open Google’s digital advertising monopoly faces a smorgasbord of potential remedies, all with different implications for competition, government control and consumers' internet experience, but compromises reached in the parallel Google search monopoly litigation may point a way forward, say attorneys at MoloLamken.
Earned Wage Access Providers Face State Law Labyrinth

At least 12 states have established laws or rules regulating services that allow employees to access earned wages before payday, with more laws potentially to follow suit, creating an evolving state licensing maze even for fintech providers that partner with banks, say attorneys at Venable.
The Pros And Cons Of Levying Value-Based Fees On Patents

The potential for a recurring, value-based maintenance fee on patents, while offering some benefits, raises several complications, including that it would likely exceed the U.S. Patent and Trademark Office's statutory authority and reduce research and development activities in the U.S., says Sandip Patel at Marshall Gerstein.