Public Policy

  • April 25, 2025

    FINRA Urges Justices To Reject Constitutional Challenge

    The Financial Industry Regulatory Authority on Friday called on the U.S. Supreme Court to turn away a case claiming that the regulator's in-house disciplinary process is unconstitutional, saying that there is no circuit split at issue and that the petition is "plagued with vehicle problems."

  • April 25, 2025

    19 AGs Sue Trump Admin Over Anti-DEI School Funding Threat

    Nearly 20 state attorneys general sued the U.S. Department of Education in Massachusetts federal court Friday accusing it of embarking on efforts to withhold funding from educational institutions that engage in vague, undefined, "illegal" diversity, equity and inclusion practices through an agency action passed earlier this month.

  • April 25, 2025

    Refusing Mental Healthcare Means Liability, Pa. Justices Rule

    Physicians in Pennsylvania can be held liable for turning away a mental health patient who goes on to harm someone if that patient came to the hospital asking for help, the state Supreme Court ruled Friday.

  • April 25, 2025

    Okla. Backs Wind Farm At 10th Circ. In Osage Mineral Dispute

    Oklahoma is backing Enel Power in its Tenth Circuit bid to undo a $4.2 million judgment and order requiring it to remove 84 wind turbines from the Osage Nation reservation, saying the project provides tax revenue, employment and a stable power source for tens of thousands of homes.

  • April 25, 2025

    Up Next At High Court: Class Cert., Religious Charter Schools

    The U.S. Supreme Court will hear oral arguments in five cases this coming week, including in disputes over whether courts can certify classes of plaintiffs when some members haven't suffered an injury and whether students alleging disability discrimination in public schools must meet a higher standard of proof to bring claims under the Americans with Disabilities Act.

  • April 25, 2025

    FDIC Defends In-House Enforcement For Banking At 7th Circ.

    The Federal Deposit Insurance Corp. has pushed back against a former Illinois community bank chairman's argument that the U.S. Supreme Court's recent Jarkesy decision prohibits the FDIC from using in-house proceedings to bring enforcement claims that seek civil penalties, saying that banking-related actions, like the one at issue, are "different" from what Jarkesy involved.

  • April 25, 2025

    US Tourism Dips Amid ICE Confinement Of Foreign Travelers

    Stories of foreign travelers getting stuck in prolonged immigration detention while trying to enter the U.S. has other potential visitors spooked, leading to a predicted downturn for the hospitality industry and an economic hit for local businesses that rely on tourists.

  • April 25, 2025

    Calif. Judge Rips Trump Admin's 'Whack-A-Mole' ICE Policies

    A California federal judge deciding whether to issue a nationwide injunction in multiple cases challenging the government's termination of foreign students' F-1 visa records expressed frustration with the Trump administration's abrupt policy changes Friday, saying "it's a new world order every day — it's like whack-a-mole."

  • April 25, 2025

    Texas High Court Keeps Alive REIT's 'Short And Distort' Suit

    The Texas Supreme Court found that a farmland-centered real estate investment trust's suit against a Dallas-based hedge fund could continue, but in a Friday opinion it also said a bid to dismiss the suit under the state's anti-SLAPP law could proceed on the merits.

  • April 25, 2025

    DOJ Says Journalists Must Answer Subpoenas

    U.S. Attorney General Pam Bondi has revoked the Biden administration's policy preventing the U.S. Department of Justice from seeking records and compelling testimony from journalists in order to crack down on leaks, according to a memo issued Friday and obtained by Law360.

  • April 25, 2025

    Telecom Org. Demands FCC Rethink Copper Retirement

    A group made up of former FCC officials and telecom industry experts is hopping mad about the Federal Communications Commission's move to retire copper lines and move toward newer technology, calling it an "embarrassment of monumental proportions."

  • April 25, 2025

    Patents Commissioner Hits Positive Note On Agency Reforms

    At an event to celebrate World Intellectual Property Day on Friday, the U.S. Patent and Trademark Office's acting patent division leader acknowledged the changes underway at the agency under the Trump administration, but said one key metric is trending in the right direction: pending patent applications.

  • April 25, 2025

    Seattle Part-Time Judge Censured For Forged Parking Doc

    Washington's judicial conduct board censured a part-time district court judge on Friday and recommended the state's high court oust him from office based on findings that he forged a note embossed with a county seal and another judge's signature stamp to get a parking discount near the Seattle courthouse.

  • April 25, 2025

    Google Ad Tech Judge Wants To Get Moving On Remedies

    The Virginia federal judge overseeing the government's ad tech monopolization case against Google issued an order on Friday calling for a hearing over her concerns about the length of time the sides are requesting to prepare for a trial to determine potential remedies.

  • April 25, 2025

    HHS Says Cuts Target Excess After Judge Seeks More Info

    The U.S. Department of Health and Human Services told a Rhode Island federal judge that a group of states has no basis to challenge the cancellation of billions in grants supporting public health programs because they already received the funds appropriated to them by Congress.

  • April 25, 2025

    Trimmed Challenge To Fla. Lab-Grown Meat Ban Moves Ahead

    A Florida federal judge Friday largely disposed of a food technology company's lawsuit challenging the state's law that bans cultivated, or lab-grown, meat products but kept alive a claim that the law is unconstitutional because it violates the company's right to sell its products through interstate commerce.

  • April 25, 2025

    Trans Prisoners Fight For Care Over New White House Hurdles

    After staff at a New Jersey federal prison told Alishea Sophia Kingdom that, due to an executive order by President Donald Trump, she would no longer be receiving hormone therapy to treat gender dysphoria, Kingdom lodged the latest in a series of suits against the Federal Bureau of Prisons that contend following the executive order violates the Eighth Amendment's prohibition of cruel and unusual punishment.

  • April 25, 2025

    DHS Ordered To Restore Visa Status For More Wash. Students

    A federal judge on Friday ordered the U.S. Department of Homeland Security to temporarily restore student visa status for four more international students in Washington state, on the same day the Trump administration said it would restore thousands of foreign students' visa records that had been abruptly terminated.

  • April 25, 2025

    Interior's Energy Permits Plan Has Legal And Practical Risks

    The U.S. Department of the Interior's plan to truncate environmental reviews and accelerate the approval process for certain energy projects could be vulnerable to lawsuits, given the legwork needed to ensure project reviews are sufficient.

  • April 25, 2025

    Tort Report: Texas Justices Set Dram Shop Standard

    The Texas Supreme Court's clarification of a bar's liability in a suit over the alleged overserving of alcohol and a suit over a Boeing whistleblower's suicide lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • April 25, 2025

    Judge Asks How Ed Dept. Can Fulfill Mandates Without Staff

    A Massachusetts federal judge on Friday appeared skeptical of arguments by the Trump administration that it can continue delivering legally mandated services without reinstating hundreds of U.S. Department of Education employees who were fired last month.

  • April 25, 2025

    Judge Blocks Trump Order Limiting Fed. Worker Bargaining

    A Washington, D.C., federal judge on Friday blocked President Donald Trump's order last month seeking to end collective bargaining for workers at more than a dozen federal agencies with national security roles, two days after suggesting during oral arguments that Trump's order was retaliatory.

  • April 25, 2025

    Feds Fight Unions' Bid To Reverse Cuts To FMCS

    A group of unions lack standing to ask a New York federal judge to reverse staffing cuts and field office closures at the Federal Mediation and Conciliation Service, the federal government has argued, opposing the group's bid for an injunction undoing the shrinkage of the labor-management dispute resolution agency.

  • April 25, 2025

    Low-Power Stations Seek To Avoid Next-Gen TV Mandate

    Low-power TV broadcasters are urging the Federal Communications Commission not to force stations like theirs to transition to "NextGen TV," calling the consumer uptake of NextGen-enabled televisions "laughable" and saying advancements are still being made in standard HDTV technology.

  • April 25, 2025

    Feds Say Tariff Fight Belongs In International Trade Court

    The Trump administration wants to litigate a challenge to its tariffs in a federal trade court, not the D.C. district court, arguing that the U.S. Court of International Trade is the only venue with jurisdiction to hear the case.

Expert Analysis

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • 6 Ways The Dole Act Alters USERRA Employment Protections

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    The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.

  • Opinion

    Federal Limits On Counter-Drone Options Need Updating

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    As malicious actors swiftly and creatively adapt drone technology for nefarious ends, federal legislation is needed to expand the authority of state and local governments, as well as private businesses and individuals, to take steps against such threats, says Carter Lee at Woods Rogers.

  • FTC Focus: Synthetic Data Yields Antitrust Considerations

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    Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.

  • OCC Patriot Bank Order Spotlights AML Issues For Managers

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    The Office of the Comptroller of the Currency's focus on payments and prepaid card program managers in its recent consent order with Patriot Bank is noteworthy and shows regulators are unlikely to back down on enforcement related to Bank Secrecy Act/anti-money laundering, say attorneys at Troutman Pepper.

  • FDIC Shift On ALJs May Show Agencies Meeting New Norms

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    The Federal Deposit Insurance Corp.’s recent reversal, deciding to not fight a Kansas bank’s claim that the FDIC's administrative law judge removal process is unconstitutional, shows that independent agencies may be preemptively reconsidering their enforcement and adjudication authority amid executive and judicial actions curtailing their operations, say attorneys at Snell & Wilmer.

  • Opinion

    The SEC Must Protect Its Best Tool For Discovering Fraud

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    By eliminating the consolidated audit trail's collection of most retail customer information, the U.S. Securities and Exchange Commission may squander a once-in-a-generation opportunity to deter securities market fraud and abuse, something new Chair Paul Atkins must ensure doesn't happen, says former SEC data strategist Hugh Beck.

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.

  • How Cos. Can Mitigate Increasing Microplastics Liability Risk

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    Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.

  • Strategizing For Renewable Energy Project Success In Texas

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    The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.

  • Opinion

    Slater Heralds Return To US Antitrust Norms, Innovation

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    Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • How Latin American Finance Markets May Shift Under Trump

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    Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • TikTok Bias Suit Ruling Reflects New Landscape Under EFAA

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    In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.

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