Public Policy

  • July 29, 2025

    PTAB Will Now Decide All Grounds In AIA Reviews

    The U.S. Patent and Trademark Office on Tuesday ordered administrative patent judges to address all grounds raised in America Invents Act petitions when issuing their final decisions.

  • July 29, 2025

    BofA Accuses FDIC Of $250M Rate Flip-Flop In Premiums Suit

    Bank of America has accused the Federal Deposit Insurance Corp. of making a "startling" about-face in their long-running deposit insurance dispute in Washington, D.C., federal court, claiming the agency is pushing to extract hundreds of millions in extra interest after the bank paid what it says was the full $657 million judgment owed.

  • July 29, 2025

    Miami Defends Election Delay, Cites State Law Supremacy

    The city of Miami on Tuesday defended its decision to push municipal elections back by a year via ordinance, telling a state appeals court that the move is authorized by three state laws that supersede the city and county charters.

  • July 29, 2025

    3rd Circ. Says DOL H-2A Case Should Have Been In Fed. Court

    A New Jersey farm was entitled to have a federal court weigh in on the U.S. Department of Labor's allegations that it flouted H-2A visa program requirements, the Third Circuit ruled Tuesday, finding the DOL improperly relied on in-house administrative proceedings to impose over $580,000 in fines.

  • July 29, 2025

    FDA Recommends Federal Restrictions On Kratom Extract

    The U.S. Food and Drug Administration announced Tuesday that it recommends placing federal restrictions on 7-Hydroxymitragynine, or 7-OH, an opioid-like alkaloid compound derived from the kratom leaf that the agency said had a strong potential for abuse.

  • July 29, 2025

    DOJ Drops Challenge Of Amex GBT's $570M Deal For CWT

    The U.S. Department of Justice said Tuesday that enforcers have agreed to drop their case challenging American Express Global Business Travel Inc.'s planned $570 million purchase of corporate travel management rival CWT Holdings LLC.

  • July 29, 2025

    Sens. Introduce Aviation Safety Bill 6 Months After DCA Crash

    Republican senators introduced legislation Tuesday that would mandate aircraft-tracking technology in civilian and military aircraft, alongside fresh audits of Federal Aviation Administration and U.S. Army practices, six months after January's deadly midair collision between an Army helicopter and an American Airlines regional jet near Washington, D.C.

  • July 29, 2025

    Economists Decry Federal Budget's Looser Interest Deduction

    It's regrettable that Congress loosened rules allowing companies to deduct interest costs from tax liabilities in its latest budget, which as a whole is poised to worsen the country's fiscal trajectory while prompting higher interest rates, a panel of economists said Tuesday.

  • July 29, 2025

    EEOC Retreat On Trans Bias Enforcement Illegal, Suit Says

    A Maryland-based LGBTQ+ advocacy organization alleged in a lawsuit Tuesday that recent steps taken by the U.S. Equal Employment Opportunity Commission to walk back enforcement of protections against sexual orientation and gender identity discrimination violate federal civil rights law and the U.S. Constitution.

  • July 29, 2025

    Trump To Make Call On Further Delay Of Higher China Tariffs

    President Donald Trump will decide whether to extend a tariff delay another 90 days for Chinese imports after U.S. Treasury Secretary Scott Bessent and U.S. Trade Representative Jamieson Greer met with Chinese officials to discuss trade matters, the officials told reporters Tuesday in Stockholm.

  • July 29, 2025

    4th Circ. Won't Block NC Vape Regs As Vape Cos. Appeal

    The Fourth Circuit won't issue an injunction blocking a North Carolina law that would prohibit the sale of vape products not approved by the U.S. Food and Drug Administration as vape interests appeal a lower court ruling denying an identical injunction.

  • July 29, 2025

    EPA Proposes Ditching GHG Danger Finding In Tailpipe Rule

    The U.S. Environmental Protection Agency on Tuesday proposed repealing an Obama-era finding that greenhouse gases endanger people's health and all vehicle emissions standards that relied upon that finding.

  • July 29, 2025

    Tenn. Man Deemed Intellectually Disabled Fights Execution

    A Tennessee man convicted of a 1988 triple murder whom the state has since deemed intellectually disabled has asked the U.S. Supreme Court to halt his execution and fully review his case, his attorney confirmed Tuesday.

  • July 29, 2025

    Top Int'l Trade Policy To Watch In The 2nd Half Of 2025

    Pervasive uncertainty surrounds international trade policy as the U.S. takes mercurial swings at the world with tariffs, including a quelled-for-now quasi embargo of China, and while lasting economic fallout hasn't materialized at home, partners abroad are aiming to replace reliance on the American market. Here, Law360 looks ahead at international trade policy during the latter half of one of the most consequential years in the field's history.

  • July 29, 2025

    USDA Seeks End To Pa. Suit Over $13M Food Aid Cut

    The U.S. Department of Agriculture wants a federal judge to throw out a lawsuit filed by Pennsylvania's governor accusing the USDA of haphazardly cutting off $13 million in food aid that supports local farmers.

  • July 29, 2025

    Attys Blast 'Chilling Message' Of Judge Shopping Sanctions

    Three attorneys sanctioned for judge shopping while challenging an Alabama statute that criminalizes gender-affirming care have asked the Eleventh Circuit to clear their names, castigating the process that led to their censure as "so extraordinary as to approach unprecedented."

  • July 29, 2025

    22 States Sue To Block Defunding Of Planned Parenthood

    California and more than 20 other states on Tuesday launched their own legal challenge to budget legislation that halts federal Medicaid funding for Planned Parenthood, alleging the measure illegally targets the organization and violates its First Amendment rights.

  • July 29, 2025

    Congressman Asks Feds To Revisit Ga. Tribes' Recognition

    A Georgia congressman is urging the Interior Department and its Bureau of Indian Affairs to reconsider a decision to deny federal recognition to two of the state's tribes while calling on the BIA to reexamine its criteria for the status, arguing it often overlooks events that fractured Indigenous communities.

  • July 29, 2025

    Judge May Review Classified DOD Evidence In DJI Drone Case

    A D.C. federal judge said he might need to see the U.S. Department of Defense's classified reasoning for listing drone manufacturer SZ DJI Technology as a Chinese military company, suggesting the unredacted evidence might not include enough information to assess whether the listing is justified.

  • July 29, 2025

    Judge Breaks Up Review Of Challenge To New Jersey US Atty

    The chief judge for Pennsylvania's Middle District, who is overseeing a drug trafficking case in New Jersey, on Tuesday evening issued a directive bifurcating a challenge to acting U.S. Attorney Alina Habba's authority in order to analyze whether the defendants are entitled to relief if she was illegally appointed.

  • July 29, 2025

    DOJ's Top Antitrust Deputy, Merger Chief Both Fired

    The U.S. Department of Justice has ousted two of its top Antitrust Division officials, citing insubordination amid growing signs of tension between merger enforcers and the wider Trump administration.

  • July 29, 2025

    Justices Can Fix Circuit Split On Compassionate Release

    The First Step Act drastically reduced the mandatory minimum sentences for certain federal crimes, but it will be up to the U.S. Supreme Court to settle a 6-4 circuit split over whether courts can consider those changes when weighing a prisoner's compassionate release, attorneys tell Law360.

  • July 29, 2025

    Ga. Senators Accuse DA Of 'Stonewalling' In Testimony Fight

    A Georgia Senate committee investigating Fulton County District Attorney Fani Willis' prosecution of President Donald Trump and others in an election interference case told the state's Supreme Court that her bid to escape its subpoena for her to testify before the committee seeks "to reward her stonewalling" and "delay tactics."

  • July 29, 2025

    4th Circ. Rejects BofA's Claim Of Tax Offsets After Mergers

    Bank of America cannot use its tax overpayments to offset interest on tax underpayments by Merrill Lynch just because the two companies later merged, the Fourth Circuit affirmed Tuesday in a $163 million case that affects more than 20 years' worth of tax adjustments.

  • July 29, 2025

    Okla. Cannabis Attorney Sues State Bar Over Suspension

    An Oklahoma-based attorney specializing in First Amendment and cannabis law is suing the state's bar association and Supreme Court, alleging that he was wrongfully suspended last year in retaliation for criticizing the bodies.

Expert Analysis

  • How States Are Taking The Lead On Data Center Regulation

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    While support for data center growth is a declared priority for the current administration, federal data center policy has been slow to develop — so states continue to lead in attracting and regulating data center growth, say attorneys at Steptoe.

  • Justices' Charter School Tie Delays Church-State Reckoning

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    The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Opinion

    It's Time To Expand The WARN Act Liability Exception

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    With layoffs surging across several industries, Congress should amend the Worker Adjustment and Retraining Notification Act to address an exception-based disparity that prevents directors and officers from taking all reasonable steps to save a company before being required to provide workers with a mass-layoff notice, say attorneys at Lowenstein Sandler.

  • Texas Bill Could Still Boost Property Rights In Gov't Disputes

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    The passage of a bill in Texas that would provide litigants with access to a greater swath of judicial remedies in immunity disputes with government entities and officials would be an invaluable boon for property rights, says Nathan Vrazel at Munsch Hardt.

  • Two Bills Promise A Crypto Revamp, But Not A Done Deal Yet

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    Recent efforts in Congress toward an updated regulatory framework for digital assets have led to two bills — the GENIUS Act and the CLARITY Act — that represent the most consequential legislative developments yet in the push for coherent, pro-innovation, reliable regulation for the industry, but both face multiple hurdles, says Mike Katz at Manatt.

  • Opinion

    NJ Should Align With Federal Rule On Expert Testimony

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    The time is right to amend Rule 702 of the New Jersey Rules of Evidence to align it with the recently amended Rule 702 of the Federal Rules of Evidence and clarify the standard for admissibility of expert testimony, says Timothy Freeman at Tanenbaum Keale.

  • Recent Reports Shed Light On Section 340B's Effectiveness

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    Recent analyses of the Section 340B program's effectiveness in helping patients afford drugs in Minnesota reinforce concerns about the program's lack of transparency and underscore the need for further evaluation of whether legislative reform should be enacted, say William A. Sarraille at the University of Maryland, and Andrée-Anne Fournier and Molly Frean at Analysis Group.

  • Opinion

    Congress Should Pass IP Reform, Starting With 3 Patent Bills

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    Congress is considering a trio of bipartisan bills to fix patent law problems that have cropped up over the past two decades, and it shouldn't stop there — addressing two other intellectual property issues is critical for America's economy, says retired Judge Kathleen O'Malley at the Council for Innovation Promotion.

  • Perspectives

    The Reforms Needed To Fight Sexual Abuse By Prison Staff

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    Prisoners sexually assaulted by corrections staff, such as the California women who recently won a consent decree against FCI Dublin, often delay reporting out of fear of retaliation by their abusers, but several practical reforms could empower prisoners to disclose abuse while the evidence necessary to indict perpetrators is still available, says Jaehyun Oh at Jacob D. Fuchsberg Law.

  • Colo. Antitrust Law Signals Growing Scrutiny Among States

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    Colorado's recently enacted Uniform Antitrust Pre-Merger Notification Act makes it the second state to add such a requirement, reflecting a growing trend and underscoring the need for merging parties to plan for a more complex and multilayered notification landscape for deals, say Puja Patel and Noa Gur-Arie at Cleary.

  • FCPA Enforcement Is Here To Stay, But It May Look Different

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    After a monthslong enforcement pause, the U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines fundamentally shift prosecutorial discretion and potentially reduce investigatory burdens for organizations, but open questions remain, so companies should continue to exercise caution, say attorneys at Simpson Thacher.

  • Ore. Coinbase Case Charts New Path For State Crypto Suits

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    Oregon's recent lawsuit against Coinbase serves as a reminder for the crypto industry that not all states will simply defer to the U.S. Securities and Exchange Commission's evolving stance on crypto-assets, highlighting why stakeholders should proactively assess the risks posed by state-level litigation and develop strategies to address distinct challenges, say attorneys at Steptoe.

  • AGs Take Up Consumer Protection Mantle Amid CFPB Cuts

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    State attorneys general are stepping up to fill the enforcement gap as the Trump administration restructures the Consumer Financial Protection Bureau, creating a new regulatory dynamic that companies must closely monitor as oversight shifts toward states, say attorneys at Cozen O’Connor.

  • Va.'s Altered Surcharge Law Poses Constitutional Questions

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    Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.

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