Public Policy

  • May 06, 2026

    Pa. 'Cruel Punishments' Ruling Sets Up Sentence Challenges

    The Pennsylvania Supreme Court's recent ruling that struck down mandatory life sentences for second-degree murder marked the justices' clearest message yet that the state's constitution and history bar "cruel" punishments, which legal experts tell Law360 could tee up challenges to "three-strikes" laws or the death penalty.

  • May 06, 2026

    Insurers Ask To Ignore Simplified Foreign Currency Rules

    The insurance industry should be allowed to ignore regulations from 2024 covering how corporations determine taxable income with respect to affiliates that conduct business in a foreign currency, the American Council of Life Insurers told the U.S. Treasury in a letter released Wednesday.

  • May 06, 2026

    Judge Tells FEMA Officials To Preserve Signal Chats

    A California federal judge has ordered Federal Emergency Management Agency and U.S. Department of Homeland Security officials to preserve Signal messages tied to FEMA operations in a lawsuit challenging the Trump administration's restructuring efforts, citing concerns that officials used disappearing-message settings while discussing matters relevant to the case.

  • May 06, 2026

    Polish Antitrust Arm Probing OLX's RE Listings Platform

    Poland's antitrust authority is investigating OLX Capital Group's Otodom real estate listings platform after being notified about "significant" price hikes, the authority announced on Wednesday.

  • May 06, 2026

    Mass. Justices Debate Rent Control Religious Carveout

    Massachusetts' highest court appeared divided Wednesday as it considered whether a proposed ballot question to reenact rent control in the state should be struck down because it contains a carveout that includes religious properties.

  • May 06, 2026

    Miller & Chevalier Hires DOJ Nat'l Security Atty In DC

    Miller & Chevalier Chtd. has hired an attorney who spent the past nine years working in the federal government, most recently with the U.S. Department of Justice's National Security Division in a section focused on export controls and counterintelligence issues.

  • May 06, 2026

    Democrats Urge EEOC Chair Not To Roll Back IVF Protections

    Over a dozen Democratic senators urged the U.S. Equal Employment Opportunity Commission to preserve safeguards for workers undergoing fertility treatments, asserting in a letter that Chair Andrea Lucas' plans to rewrite Pregnant Workers Fairness Act regulations could lead employers to unlawfully deny employees' accommodation requests.

  • May 06, 2026

    Okla. House OKs Valuation Method Change For Some Rentals

    Oklahoma would allow certain rental housing to be valued using a cost approach instead of an income approach under a bill passed in the state House of Representatives.

  • May 06, 2026

    SEC Makes First Move To Nix Biden-Era Climate Reg

    The U.S. Securities and Exchange Commission is preparing to rescind a Biden-era requirement that publicly traded companies disclose their greenhouse gas emissions, with staff informing the Office of Management and Budget this week of the planned rescission.

  • May 06, 2026

    Pot Patients Defend Claims In Dispensary Data Privacy Suit

    A group of medical cannabis patients are pushing back on a bid from a technology company to dismiss their claims that it shares their medical information with outside vendors, saying they have sufficiently pled their allegations that they did not consent to such sharing and they were injured by the disclosure.

  • May 06, 2026

    Mass. Justices Push For An End To AG-Auditor Deadlock

    Massachusetts' top court on Wednesday seemed to agree that an ongoing dispute between the state attorney general and auditor over a voter-backed audit of the legislature needs to come to an end, even as justices dinged both sides for the stalemate.

  • May 06, 2026

    NJ Prosecutor Gets OK To Trim Suit Over Alleged Interference

    Atlantic County Prosecutor William E. Reynolds can narrow his suit seeking independent outside counsel to represent his office due to the alleged attempts made by county counsel to interfere with prosecutions, a New Jersey state judge ruled.

  • May 06, 2026

    Extend Immediate Expensing For Plastic Recycling, IRS Told

    Advanced plastic recycling should be eligible for a new tax perk allowing full expensing of a qualified production property's costs, a chemical trade association said in a letter, released Wednesday, recommending the industry-specific change for the IRS' upcoming proposed regulations.

  • May 05, 2026

    7th Circ. Panel Split On Due Process For Ill. ICE Detainees

    A split Seventh Circuit panel on Tuesday rejected the Trump administration's argument that immigrants unlawfully in the United States have no due process rights, though every member of the panel had a different take on the issue.

  • May 05, 2026

    DC Circ. Judge Jabs Pharma Atty For 10 Minutes In Price Fight

    The first D.C. Circuit showdown in widespread drug pricing litigation Tuesday appeared unlikely to deliver a badly needed win to the pharmaceutical industry, as a top manufacturer's attorney faced a cool reception generally and an extended barrage of skepticism from one judge.

  • May 05, 2026

    Musk Sought Control Of OpenAI To Fund Mars City, Jury Told

    OpenAI President Greg Brockman defended OpenAI's for-profit conversion during a California federal jury trial Tuesday and accused Elon Musk of demanding "unilateral absolute control" over OpenAI to fund his plans for a city on Mars, while acknowledging under examination that Musk proposed his stake would "change quickly" with additional investors.

  • May 05, 2026

    DOJ Atty Faces Possible Discipline Over DHS 'Lack Of Candor'

    A Rhode Island federal judge, whom the U.S. Department of Homeland Security criticized for releasing a noncitizen with an alleged overseas warrant for homicide, on Tuesday said she is referring an assistant U.S. attorney for disciplinary proceedings for not disclosing the warrant to her beforehand.

  • May 05, 2026

    Exelon Shareholders Fight Objectors' Fee Bid On Bribery Deal

    Exelon shareholders seeking an Illinois federal judge's approval on a derivative settlement addressing subsidiary Commonwealth Edison's legislative bribery scheme argued Tuesday that shareholders who've opposed the deal should not receive attorney fees because their three-year fight against approval has not substantially benefited the litigation.

  • May 05, 2026

    Meta Should Have Warning Label, NM Witness Says

    New Mexico unveiled further details of safeguards it says a court should impose on Meta in a $3.7 billion bench trial, calling an expert witness Tuesday who said displaying a warning pop-up to minors is an idea that's backed by the former surgeon general and desperately needed.

  • May 05, 2026

    Feds Urge DC Circ. To Undo Iraqi, Afghan Visa Class Cert.

    The Trump administration has asked the D.C. Circuit to undo class certification for thousands of Afghan and Iraqi citizens seeking special immigrant visas after aiding U.S. forces overseas, as well as a revised plan to tackle a backlog of their delayed applications.

  • May 05, 2026

    Worker Fights 2nd Circ.'s Toss Of Teamsters Fund ERISA Suit

    The U.S. Supreme Court should revive claims that the New York State Teamsters Conference Pension and Retirement Fund was mismanaged, a Teamsters-represented worker argued, asking the justices to breathe new life into his twice-dismissed Employee Retirement Income Security Act lawsuit.

  • May 05, 2026

    Judge Blocks Arizona From Policing Prediction Markets

    A Phoenix federal judge on Tuesday barred Arizona officials from enforcing state gambling laws against federally regulated prediction market platforms in an order finding that the federal government is likely to succeed on claims that the event contracts at issue are swaps beyond the reach of state regulators.

  • May 05, 2026

    Wash. Panel Revives GLP-1 Health Plan Coverage Fight

    A Washington state appeals court revived a proposed class action by state employees alleging their benefit plan discriminatorily barred health coverage for GLP-1 medications treating obesity, finding a lower court should have allowed the case to proceed to discovery.

  • May 05, 2026

    Demand Boom May Deepen FERC's Power-Market Scrutiny

    Recent Federal Energy Regulatory Commission enforcement orders highlight the agency's focus on whether electricity market participants are delivering the power and services they've promised, and attorneys say data center-fueled increases in U.S. power demand may further intensify FERC's scrutiny.

  • May 05, 2026

    Bittrex Seeks To Undo $24M Judgment After SEC Crypto Pivot

    Bankrupt cryptocurrency exchange Bittrex urged a Seattle federal judge to toss a $24 million judgment entered as part of a 2023 settlement with the U.S. Securities and Exchange Commission, arguing that the agency has since done an "about-face" on crypto and abandoned its position that digital tokens are securities.

Expert Analysis

  • State Of Insurance: Q1 Notes From Illinois

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    Matthew Fortin at BatesCarey discusses notable insurance developments in Illinois, including the state Supreme Court's highly anticipated Griffith Foods v. National Union Fire Insurance ruling, two bulletins from the Department of Insurance directed at public adjusters and a Seventh Circuit decision precluding a "super excess" tier of coverage.

  • Improving Well-Being In Law, 10 Years After Landmark Study

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    An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

  • How To Gear Up For Trump's Pharma Tariffs

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    President Donald Trump's proclamation establishing tariffs on certain pharmaceutical products holds a few areas of ambiguity that companies should review and prepare for before the tariffs come into effect later this year, say attorneys at Arnold & Porter.

  • Mapping Bank Exec Clawback Risk Ahead Of Revived Bill

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    The reintroduction of the Failed Bank Executives Clawback Act would allow recovery of executive compensation after bank failures, making it important for executives and counsel to take steps such as mapping compensation, reviewing employment agreements, documenting decisions, and confirming D&O insurance, says Drew Jones at Diamond McCarthy.

  • AG Watch: Texas Charts A Course On Investigative Authority

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    The Texas Supreme Court's recent decision in Texas v. PFLAG affirmed, and arguably expanded, the Texas attorney general's civil investigative demand authority, providing a road map that other courts evaluating state attorney general CIDs may find instructive, amid a lack of precedent, say attorneys at Kelley Drye.

  • 8 Reasons To Consider Maryland As A 'DExit' Option

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    While Nevada and Texas have garnered the most attention as alternative states of incorporation for companies considering leaving Delaware, Maryland offers considerable benefits too, including a predictable statutory framework, robust anti-takeover protections, sophisticated business courts with decades of experience, and more, say attorneys at Miles & Stockbridge.

  • PFAS OUT Cannot Replace Broad Drinking Water Protections

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    The U.S. Environmental Protection Agency's PFAS OUT initiative may help water systems deal with two specific per- and polyfluoroalkyl substances before federal compliance deadlines arrive, but it is no substitute for broader protections the EPA is withdrawing — and in PFAS litigation, that distinction could be important, says David Meldofsky at Lawsuit Informer.

  • Mapping Philly US Atty's White Collar Enforcement Push

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    Attorneys at Blank Rome discuss the U.S. Attorney for the Eastern District of Pennsylvania David Metcalf’s commitments and priorities, survey early results from his first year, and suggest practical action items for companies operating under the office's jurisdiction.

  • Opinion

    Exxon's Retail Voting Program Is A Trap For Retail Investors

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    The U.S. Securities and Exchange Commission approved Exxon Mobil's first-of-its-kind proxy voting program last September, but ahead of the company's annual shareholder meeting next month, it's clear that retail shareholders have delegated their voice to the entity their vote exists to check, says Christina Sautter at Southern Methodist University.

  • Opinion

    Proposed Pro Codes Act Raises Constitutional Concerns

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    If passed, the Pro Codes Act being considered in the U.S. House of Representatives would fundamentally alter how technical standards are treated under U.S. law, and potentially conflict with the Fifth Amendment's takings clause, says Paul Taylor at George Mason University.

  • What DOL Proposal Signals For 401(k)s, Alternative Assets

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    The U.S. Department of Labor recently published a highly anticipated proposed rule that could establish more defined pathways for 401(k) plan fiduciaries to consider investment options with greater alternative asset exposure, and help fund sponsors and investment managers develop such options, say attorneys at Cleary.

  • Building A Persecution Case After Justices' Asylum Ruling

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    The U.S. Supreme Court’s recent decision in Urias-Orellana v. Bondi raises the bar for overturning agency findings in federal court, changing how practitioners handling asylum and removal defense cases need to think about building a factual record and formulating arguments on appeal, say attorneys at Lai & Turner and Farzaneh Law.

  • Opinion

    New Legislation May Be Necessary To Fix Flawed Cox Ruling

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    The U.S. Supreme Court's opinion in Cox v. Sony erroneously limited the doctrine of contributory copyright infringement and effectively eliminated such liability for internet service providers, and the most viable option to remedy the damage is to codify the pre-Cox common law of contributory copyright infringement, says Michael Cicero at Mavacy.

  • SEC's Enforcement Slowdown May Raise Oversight Questions

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    After six months of enforcement activity, it's clear that fiscal year 2026 will see an unprecedented decline in U.S. Securities and Exchange Commission enforcement activity relative to past years, but whether the SEC will be viewed as sufficiently policing the securities markets at the end of the fiscal year is more uncertain, say attorneys at Covington.

  • How Food, Beverage Claims May Preview Cosmetic Litigation

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    Class action litigation targeting cosmetics and personal care products is accelerating, with a playbook that comes from the food and beverage industry — and the defenses that succeeded, and failed, in past class actions offer a critical road map for beauty and personal care brands, say attorneys at Crowell.

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