Public Policy

  • July 03, 2025

    Youths Urge 9th Circ. To Revive Federal Equal Protection Case

    A group of youths is asking the Ninth Circuit to revive its lawsuit alleging the U.S. Environmental Protection Agency and the Office of Management and Budget are violating the youngsters' constitutional rights by not properly protecting them from climate change.

  • July 03, 2025

    CFPB Funding Cut Could Alter Injunction Calculus At DC Circ.

    The steep funding cut that Republicans have passed for the Consumer Financial Protection Bureau could strengthen the Trump administration's position in its court fight to resume downsizing the agency, even if it doesn't directly resolve the legal questions at play.

  • July 03, 2025

    Biggest Environmental Law Decisions Of 2025: Midyear Report

    The first half of 2025 saw the U.S. Supreme Court impose limitations on water permit requirements, as well as key decisions in lower courts in climate change and environmental justice cases. Here, Law360 takes a look at some of the biggest environmental law rulings of 2025.

  • July 03, 2025

    Colo. Sales Tax Applies To Netflix Subscriptions, Court Rules

    Netflix's streaming services in Colorado are tangible personal property subject to sales tax, a state appeals court ruled, reversing a district court's finding that the subscriptions were not taxable under state law because they were not tangible physical items.

  • July 03, 2025

    G7 Deal's Details To Dictate How US Cos. Fare Under Pillar 2

    Republicans' international tax changes in their major reconciliation bill that passed Thursday raise questions about the U.S. tax system's ability to coexist with the OECD-designed Pillar Two global minimum tax regime.

  • July 03, 2025

    FCC Aims To Advance Fast-Track Process For Removing Regs

    The Federal Communications Commission plans to vote this month on whether to employ a fast-track procedure to remove regulations that are deemed obsolete without having to go through the typical process of first issuing a public notice and soliciting comment.

  • July 03, 2025

    Ga. Sheriff's Conviction Wins Civil Rights Claim For Detainee

    A Georgia federal judge handed an early win Wednesday to a man who said he was one of several detainees tortured by former Clayton County Sheriff Victor Hill, ruling that the "conditions are all met" to decide the civil rights claims based on Hill's criminal convictions.

  • July 03, 2025

    Navajo Nation's Bid To Block Lease Ban Put On 90-Day Hold

    The Navajo Nation's bid to block a Biden administration order that withdrew U.S. land from new mineral leasing and development near a historic site has been paused after the parties said a recent presidential executive order could moot the dispute, a New Mexico federal judge said.

  • July 03, 2025

    4 Things To Watch At DOL In 2025's 2nd Half

    Management-side attorneys are expecting a shakeup at the U.S. Department of Labor if President Donald Trump's pick to lead the agency's employee benefits arm wins Senate confirmation. Here, Law360 looks at four issues that employee benefits experts say they'll be monitoring at the DOL in the latter half of the year.

  • July 03, 2025

    Labor Official's Firing Stands After DC Circ. Steps In

    A D.C. Circuit panel stayed an order Thursday reinstating a fired member of a panel that decides federal agencies' union disputes in line with a U.S. Supreme Court order freezing out two fired leaders of other labor agencies.

  • July 03, 2025

    Circuit-By-Circuit Recap: Justices Send Message To Outliers

    It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.

  • July 03, 2025

    Justices Extend Due Process Pause To South Sudan Removals

    The U.S. Supreme Court clarified Thursday that its recent order allowing the Trump administration to send noncitizens to countries they have no connection to with little notice or chance to object extends to a group of men the government plans to send to South Sudan.

  • July 03, 2025

    States Still Oppose Florida's Generic Drug Deal With Sandoz

    States accusing generic-drug makers of fixing prices are continuing to object to a $10 million settlement struck between Florida and Sandoz, arguing that it limits their ability to negotiate deals while letting the Sunshine State benefit without participating in the litigation.

  • July 03, 2025

    The Moments That Shaped The Universal Injunction Case

    The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

  • July 03, 2025

    High Court To Hear Street Preacher's First Amendment Case

    The U.S. Supreme Court agreed Thursday to hear a challenge to an ordinance in Brandon, Mississippi, that redirects demonstrations to a designated protest area, teeing up an examination of whether case law prevents someone who has been convicted from bringing a civil rights suit.

  • July 03, 2025

    Spectrum, Border, Injunction Changes Included In Mega Bill

    The House voted 218-214, almost along party lines, on Thursday on the reconciliation budget package, which includes a range of policy provisions on nationwide injunctions, spectrum and immigration and now goes to President Donald Trump's desk ahead of the decided Fourth of July deadline.

  • July 03, 2025

    Pacific Seafood Faces CWA Suit For Alleged Permit Violations

    The Center for Food Safety and Wild Fish Conservancy hit Pacific Seafood Aquaculture LLC with a Clean Water Act citizen suit alleging it has failed to comply with permit terms for three Columbia River net pen facilities, each producing more than 20,000 pounds of rainbow trout annually.

  • July 03, 2025

    Biggest Decisions Of Mich. Supreme Court So Far This Year

    The Michigan Supreme Court so far this year has handed down a number of decisions marking important changes to criminal law, including reshaping how late adolescents are sentenced for serious crimes and declaring that the smell of marijuana alone cannot justify a warrantless vehicle search.

  • July 03, 2025

    Ex-Treasury Official Joins Covington's Nat'l Security Practice

    Covington & Burling LLP has boosted its national security practice with the hire of the former head of the U.S. Department of the Treasury's Office of Terrorism and Financial Intelligence under former President Barack Obama's administration as of counsel.

  • July 03, 2025

    DHS Aims To Implement Biometric Tracking For Noncitizens

    The U.S. Department of Homeland Security is planning to revive a policy proposal from the first Trump administration to implement facial recognition technology as part of a comprehensive biometric system to track the entry and exit of noncitizens.

  • July 03, 2025

    Free-Speech Suit Will Be Early Trial Court Test Of Trump Admin

    A Massachusetts federal judge will begin hearing testimony Monday in a challenge by academic organizations to the Trump administration's visa revocations and removals of noncitizen faculty and students who have expressed pro-Palestinian views, in one of the first trials over the president's second-term policies.

  • July 03, 2025

    High Court Passes On Mont. Abortion, Parental Consent Case

    The U.S. Supreme Court declined Thursday to hear a case focused on parental consent and abortion in Montana, as two conservative justices said the decision shouldn't be seen as a rejection by the justices of the parental-rights question itself.

  • July 03, 2025

    NC Gov. Vetoes Bill Stamping Out Carbon Reduction Target

    North Carolina Gov. Josh Stein has rejected a piece of legislation that would have eliminated the state's 2030 goal to cut carbon emissions by 70%, saying it would cost ratepayers in the long run and keep the Tar Heel State too beholden to natural gas.

  • July 03, 2025

    HHS Ordered To Restore Data Axed Under 'Gender Ideology' EO

    The U.S. Department of Health and Human Services must restore a swath of webpages and datasets it took down following a Trump administration executive order seeking to root out references to so-called gender ideology, a D.C. federal judge ruled.

  • July 03, 2025

    DHS Says Feds Aren't Funding Everglades Detention Center

    The federal government is distancing itself from the new migrant detention center in the Everglades, saying in a court filing Thursday that it has not "implemented, authorized, directed or funded" the "Alligator Alcatraz" camp.

Expert Analysis

  • 4 Ways Slater Is Priming DOJ For Continued Antitrust Success

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    Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.

  • 3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill

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    As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.

  • Key Aspects Of FDIC's Resolution Planning FAQ

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    The Federal Deposit Insurance Corp.'s recent FAQ on changes to its resolution plan rule ease burdensome requirements for some large institutions and exempt others from discussion of franchise components, making it easier for banks to finalize submissions before the July 1 deadline, say attorneys at Moore & Van Allen.

  • Why Texas Should Slow Down On Healthcare Merger Bills

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    More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.

  • As Tariffs Hit The Radar, PE Counsel Should Review Strategies

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    As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.

  • Trump Rule Would Upend Endangered Species Status Quo

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    The Trump administration's recent proposal to rescind the regulatory definition of "harm" in the Endangered Species Act would be a tectonic shift away from years of established regulatory practice, with major implications for both species protection and larger-scale conservation efforts, says David Smith at Manatt.

  • DOJ Memo Raises Bar For Imposition Of Corporate Monitors

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    A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership’s concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • How NY's FAIR Act Mirrors CFPB State Recommendations

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    New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.

  • Expect Eyes On Electronic Devices At US Entry Points

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    Electronic device searches are becoming common at U.S. border inspections, making it imperative for companies to familiarize themselves with what's allowed, and mandate specific precautions for employees to protect their privacy and sensitive information during international travel, say attorneys at Seyfarth.

  • Big Tech M&A Risk Under Trump May Resemble Biden Era

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    Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.

  • A Breakdown Of Trump's Order On Drug Pricing

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    The Trump administration may attempt to effectuate through rulemaking a recently issued executive order on lowering drug prices, which would likely have an adverse effect on stakeholders and trigger litigation, say attorneys at Debevoise.

  • FTC Focus: Interlocking Directorate Enforcement May Persist

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    Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.

  • Calif. Climate Superfund Bill Faces Legal, Technical Hurdles

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    California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change — but its pending climate Superfund legislation, if enacted, is certain to face legal pushback and daunting implementation challenges, says Donald Sobelman at Farella Braun.

  • How Cos. Can Navigate Risks Of New Cartel Terrorist Labels

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    The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.

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