Public Policy

May 20, 2025
The Alien Enemies Act Cases: A Roundup

Litigation over President Donald Trump’s March 14 proclamation invoking the 1798 Alien Enemies Act has moved at breakneck speed, spurring two U.S. Supreme Court decisions already while at least five different districts weigh his authority to invoke the wartime law. Here, Law360 catches you up on major developments in the litigation.
May 20, 2025
9th Circ. Says Dad Didn't Show Sons' Hardships If Deported

The Ninth Circuit on Tuesday rejected a Mexican father's bid for deportation relief based on extreme hardships he claimed his sons would face if they accompanied him to Mexico, saying in a published opinion that substantial evidence suggested otherwise.
May 20, 2025
Feds Ignored Order With South Sudan Removals, Judge Told

Lawyers for immigrants at risk of being deported to countries where they have no prior ties and may face harm told a Boston federal judge Tuesday that the government removed at least two class members to South Sudan in violation of a court order.
May 20, 2025
GOP Lawmakers Defend Stricter Independent Contractor Bill

Republicans on a U.S. House subcommittee Tuesday pushed for passing a recently introduced bill that would tighten standards for classifying workers as independent contractors, while Democrats feared moving in that direction would significantly hurt workers.
May 20, 2025
Chicago Orgs Fight Feds' Bid To Drop Dredged Waste Suit

Two advocacy groups that challenged a U.S. Army Corps of Engineers decision to expand a disposal facility that stores sediments dredged from Chicago waterways said Monday that the court retains jurisdiction even though the Army Corps has withdrawn that decision and should only dismiss the case on certain conditions.
May 20, 2025
CFPB's Guidance Purge May Have Limited Impact For Industry

The Trump administration's recent culling of Consumer Financial Protection Bureau guidance may help advance the agency's pivot to lighter-touch regulation, but consumer advocates and even some financial services attorneys say the rescinded policies could still shape litigation and leave companies guessing about the agency's current views.
May 20, 2025
TikTok's Bid To Get NY Docs From AG Sunk By New State Law

A New York state judge on Tuesday denied TikTok's bid to force the New York attorney general to turn over agency documents related to claims the app harms children's mental health, relying on an amendment tucked into the state's budget that was signed into law this month.
May 20, 2025
Stewart Revives E-Cig Patent Row, Clarifying PTAB Denials

The acting head of the U.S. Patent and Trademark Office has revived a company's Patent Trial and Appeal Board challenge to an electronic cigarette patent, issuing a precedential decision that provides guidance on discretionary denials when a patent challenger relies on prior art previously furnished to an examiner.
May 20, 2025
Trump Calls For FCC Spectrum Auctions In Budget Bill

President Donald Trump on Tuesday jumped into the ongoing debate about federal auctions of the airwaves by calling for inclusion of spectrum sales in the budget reconciliation bill pending in Congress.
May 20, 2025
NJ Justices Take Up Bond Marketing Suit Against Big Banks

The New Jersey Supreme Court will review a lower appellate court's ruling in favor of JPMorgan Chase & Co., Citigroup Inc., Wells Fargo and other big banks in a lawsuit accusing them of a scheme to inflate the interest rates of certain bonds, according to an order list the justices released Tuesday.
May 20, 2025
Connecticut House Passes Psilocybin Decriminalization Bill

Connecticut's House of Representatives on Monday narrowly approved a bill to decriminalize possession of small amounts of psilocybin, the active ingredient in psychoactive mushrooms, sending the bill to the state Senate.
May 20, 2025
Judge Denies Meta's Mid-Trial Bid To End FTC Monopoly Case

A D.C. federal judge refused Tuesday to cut short the trial in the Federal Trade Commission's monopolization lawsuit against Meta Platforms Inc., not finding the clear evidentiary failure necessary to nix the government's case over the company's purchases of WhatsApp and Instagram.
May 20, 2025
Senate Dems Protest Broadband Deployment Delays

A dozen Senate Democrats urged President Donald Trump to curtail the U.S. Department of Commerce's potential overhaul of a $42.5 billion broadband deployment program created during the Biden administration.
May 20, 2025
Russia Challenges EU Carbon Border Tax At WTO

Russia formally initiated a dispute at the World Trade Organization over the European Union's carbon border adjustment mechanism, suggesting that the emissions pricing system violates multilateral trade agreements, according to documents released by the organization.
May 20, 2025
Split 4th Circuit Won't Halt Order For Asylum Seeker's Return

A divided Fourth Circuit denied the Trump administration's request to halt a district court order requiring the government to bring back a 20-year-old Venezuelan with a pending asylum application who was deported to a Salvadoran prison despite a class settlement barring his removal.
May 20, 2025
GOP Will Push Calif. Waiver Vote, Dems Will Jam EPA Noms

Senate Republicans vowed Tuesday to forge ahead with Congressional Review Act resolutions that would repeal clean-vehicle waivers for California that were approved by the Biden administration, while Democrats said they'll throw roadblocks in front of presidential nominees in retaliation.
May 20, 2025
State AGs Back NJ Judicial Privacy Law At 3rd Circ.

Most states' attorneys general, along with law enforcement organizations and a data privacy group, have encouraged the Third Circuit to uphold a New Jersey judicial privacy measure, saying states have sovereignty to enact such laws in a time of increased threats against judges.
May 20, 2025
FTC Case Against Greystar Stayed For Settlement Talks

A Colorado federal judge has stayed a Federal Trade Commission suit alleging developer and property manager Greystar advertised deceptive rental prices after the parties notified the court that they are in "active settlement negotiations" that could resolve the entire case.
May 20, 2025
GSA Official Gives Mea Culpa On 'Non-Core' Federal Property

A top official of the federal government's real estate overseer testified on Tuesday that the administration was a bit rash in publishing a list two months ago with more than 400 "non-core" government properties, including federal courthouses, that it was considering disposing of.
May 20, 2025
Judge Revives Suit Challenging BLM Lease Sales In Utah

A Utah federal judge said she erred when she tossed a lawsuit challenging multiple U.S. Bureau of Land Management oil and gas lease sales in the state, as she failed to recognize that the agency had recently issued drilling permits for some of the transactions.
May 20, 2025
EEOC Annual Worker Data Bid Opens With Diversity Warning

The U.S. Equal Employment Opportunity Commission's annual workplace demographic data collection window opened Tuesday with a warning from the EEOC's acting chair that employers can't act on protected characteristics like race and sex to try to enhance diversity.
May 19, 2025
DC Circ. Ponders Letting Gov't Claw Back $20B In Green Funds

The D.C. Circuit didn't seem convinced Monday morning that the Trump administration can't claw back $20 billion in U.S. Environmental Protection Agency grants that it's trying to cancel and divert elsewhere, hearing arguments over a preliminary injunction blocking the government from doing just that.
May 19, 2025
Senate Advances Stablecoin Bill After Dem Backers Return

The U.S. Senate's proposal to regulate stablecoins is headed to the floor after lawmakers voted to close debate on the bill Monday evening, clearing a procedural hurdle after first stumbling earlier this month when Democrats pulled support to pursue further negotiations.
May 19, 2025
Feds To Use FCA To Go After Antisemitism, DEI Policies

The U.S. Department of Justice announced Monday that it will use the False Claims Act to go after any recipients of federal funds that the agency determines promote diversity, equity and inclusion policies, and allow antisemitism to thrive.
May 19, 2025
Feds Want Full 2nd Circ. To Toss Student Removal Challenges

The U.S. Department of Justice has asked the full Second Circuit to reconsider a pair of decisions siding with students who say they were detained by immigration officials for expressing pro-Palestinian views, doubling down on its argument that courts don't have the jurisdiction to consider the government's removal decisions.

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 NY's FAIR Act Mirrors CFPB State Recommendations

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

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

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

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

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

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

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.
Cosmetic Co. Considerations As More States Target PFAS

In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
What We Lost After SEC Eliminated Regional Director Role

Former U.S. Securities and Exchange Commission Regional Director Marc Fagel discusses the recent wholesale elimination of the regional director position, the responsibilities of the job itself and why discarding this role highlights how the appearance of creating a more efficient agency may limit the SEC's effectiveness.
Mass. Suit Points To New Scrutiny For Home Equity Contracts

The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.
Unpacking Copyright Office's AI Report Amid Admin Shakeups

Though recent firings have thrown the U.S. Copyright Office into turmoil, the latest entry in its report on artificial intelligence can serve as a road map for litigants, persuasive authority for courts and input on the legislative process, say attorneys at Epstein Becker.
Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol

As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
Reading Tea Leaves In High Court's Criminal Law Decisions

The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
$38M Law Firm Settlement Highlights 'Unworthy Client' Perils

A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
Hints Of Where Enforcement May Grow Under New CFPB

Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.