Public Policy

  • November 05, 2026

    Meta, TikTok, Google Say Calif. Teen Feed Ban Is Censorship

    Meta, TikTok and Google have sued California to block a new law that bans social media platforms from allowing children under 16 certain features like personalized feeds, saying in separate complaints that the law violates the First Amendment and is barred by Section 230.

  • November 05, 2026

    Calif. Gov. Newsom Seeks To Empty Death Row At Term's End

    Outgoing California Gov. Gavin Newsom moved to commute the sentences of all 548 of the state's death row prisoners to life without parole, saying Thursday that the death penalty was morally unjustifiable.

  • November 05, 2026

    Ga. Utility Board Likely To Tighten Rules For Data Centers

    The new Democratic majority at the Georgia Public Service Commission could mean tougher rules for big power users like data centers, experts told Law360, but legal limitations and the slow-moving nature of energy planning may blunt the near-term effect of the commission's shake-up.

  • November 05, 2026

    CFTC Directs Prediction Markets To Stop Geo-Blocking Users

    The U.S. Commodity Futures Trading Commission on Thursday directed prediction market platforms and other registrants to ensure nationwide access to their offerings, which could set up a challenging scenario for platforms under court orders to block some contracts in certain states as part of ongoing prediction market litigation.

  • November 05, 2026

    DOJ Says Bannon Trial Was Unfair In Push To Toss Conviction

    Federal prosecutors Thursday renewed their bid to vacate Steve Bannon's contempt-of-Congress conviction and dismiss the indictment with prejudice, telling a Washington, D.C., federal judge they have significant doubts about the fairness of his trial because circuit precedent barred him from arguing he had not "willfully" defied a congressional subpoena.

  • November 05, 2026

    In Moderna Row, Fed. Circ. Mulls What's 'For The Government'

    The Federal Circuit on Thursday took a critical look at a lower court's decision concluding that Moderna had to face Arbutus' infringement claims over its COVID-19 vaccines, with one judge repeatedly asking why Moderna's vaccine efforts weren't "for the government" within the meaning of a statutory shield for contractors.

  • November 05, 2026

    Chicago DOJ Doc Deadline Moves, Probe Testimony May Too

    An Illinois federal judge who is looking to explore the extent to which Chicago prosecutors misrepresented their work surrounding a push to indict six "Operation Midway Blitz" protesters extended the government's document production deadline again Thursday, as a prosecutor expected to testify asked the judge to consider postponing that upcoming hearing.

  • November 05, 2026

    Judge Pauses Ban On New ACA Insurance Brokers

    A Maryland federal judge on Thursday paused a U.S. Department of Health and Human Services rule barring new insurance agents and brokers from signing up to sell plans on the Affordable Care Act marketplace for 2027, holding that HHS likely had to solicit public comment before issuing the rule.

  • November 05, 2026

    DOD Book Ban Injunction Will Follow Transferring Students

    A Virginia federal judge on Thursday expanded an order that halted the removal and ban of school library books and lessons so that it follows each plaintiff-student to any U.S. Department of Defense school they attend.

  • November 05, 2026

    Trump's Hush Money Conviction Examined By Wary NY Panel

    A New York State appellate court Thursday quizzed attorneys for President Donald Trump and state prosecutors over his hush-money conviction, exploring defense counsel's claims that the district attorney trespassed into federal jurisdiction by charging election violations and trampled on presidential immunity in a case "infected with multiple fatal errors."

  • November 05, 2026

    DOJ Can't Tie State Grants To Immigration Enforcement

    A Rhode Island federal judge has granted a coalition of states' bid to permanently bar the Trump administration from conditioning federal public safety grants on the states' cooperation with the administration's immigration enforcement priorities, vacating the funding conditions as unlawful.

  • November 05, 2026

    Examiner Attrition Threatens USPTO Backlog Push, GAO Says

    Patent examiner attrition caused by new production goals has put the U.S. Patent and Trademark Office's efforts at reducing the backlog of patent applications at risk, according to a new report issued Thursday by the Government Accountability Office.

  • November 05, 2026

    HHS Seeks To End Suit Over Aid Recipient Data Sharing

    The Department of Health and Human Services is asking a New York federal judge to either rule in its favor or otherwise throw out a suit focused on whether HHS is allowed to share personal information with the Department of Homeland Security and other agencies.

  • November 05, 2026

    Tax Court Denies Partnerships' $46.1M Charitable Deductions

    Two Georgia partnerships that formed to buy adjacent tracts of rural, mountainous land in Tennessee improperly claimed charitable contribution deductions of about $26.7 million and $19.4 million, the U.S. Tax Court ruled Thursday, saying the companies failed to obtain a qualified appraisal.

  • November 05, 2026

    Top Groups Lobbying The FCC

    Lobbying activity at the Federal Communications Commission stayed about even in October versus the month before as groups looked to influence FCC policies on issues like prison cellphone jamming, the upcoming auction of C-band airwaves, satellite coverage for smartphones and more.

  • November 05, 2026

    Stripes Subscribers Press Court To Undo Pentagon Rules

    Subscribers to the military news outlet Stars and Stripes asked a D.C. federal judge to strike down a series of policy and governance changes from the U.S. Department of Defense that curtail the publication's independence.

  • November 05, 2026

    Immigration Attys Push To Restore Detainees To ICE Database

    Legal aid groups on Wednesday urged a Massachusetts federal judge to order the Trump administration to restore access to information about the whereabouts of thousands of detained people whose records suddenly disappeared from an online database.

  • November 05, 2026

    Mich. Court Revives Drowning Claims Over Park Revenue

    A Michigan state appeals court panel on Wednesday revived two claims in a lawsuit against the City of Muskegon connected with the 2022 drowning death of a 19-year-old college athlete at a city park, finding that further proceedings are needed to determine if the city is shielded by government immunity.

  • November 05, 2026

    Mass. Voters Widen Records Law, Teeing Up New Legal Fights

    After voting to allow an audit of the Legislature in 2024, the Massachusetts electorate overwhelmingly passed a ballot initiative Tuesday expanding public records law to include the governor and Legislature, but experts told Law360 that another round of litigation looms.

  • November 05, 2026

    IRS Wrongly Rejected $28.8M Easement Claim, Tax Court Told

    The IRS wrongly asserted a roughly $10.6 million income tax underpayment and $4.3 million in penalties against an Alabama partnership, the company told the U.S. Tax Court, disputing the agency's determination that it failed to show it's entitled to a $28.8 million charitable contribution claimed for a conservation easement donation.

  • November 05, 2026

    DOJ Targets Penn State In Immigrant Tuition Suit Blitz

    The Department of Justice on Thursday filed a lawsuit against Penn State University alleging that the college unconstitutionally extends in-state tuition rates to undocumented individuals while denying the same benefit to American citizens.

  • November 05, 2026

    DOJ Says Willow Bridge's RealPage Deal Needs No Tweaks

    The U.S. Department of Justice responded to commenters pushing for changes to the rent price-fixing settlement it reached with Willow Bridge Property Co. LLC, arguing there's no need to add a distinction in the deal between rent renewals and first-time leases.

  • November 05, 2026

    New Tech, Diluted Noncompetes Drive Up Trade Secret Cases

    Artificial intelligence tools are making it easier for employees to take off with valuable trade secrets when they switch employers, while noncompete agreements are becoming more difficult to enforce, a combination that is spurring an increase in trade secret cases, experts told Law360.

  • November 05, 2026

    Wash. To Pay $73K In Fees Under Pretrial-Exam-Delay Deal

    Washington state must pay plaintiffs' counsel roughly $73,000 in attorney fees and costs in a long-running case over its treatment of pretrial detainees in criminal proceedings, a Washington federal judge has ruled.

  • November 05, 2026

    Tower Asks For Waiver, Clarification Related To EchoStar Fund

    A commercial tower landlord has asked the Federal Communications Commission for clarification or a waiver of agency rules governing a trust that EchoStar must use to repay companies related to its bankruptcy case.

Expert Analysis

  • Accenture's FCA Deal Shows DEI Risks For Gov't Contractors

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    The U.S. Department of Justice recently settled allegations that Accenture falsely certified compliance with antidiscrimination requirements in its federal contracts, underscoring how diversity goals can become a False Claims Act issue when the company requests payment from the government, say attorneys at Bass Berry.

  • DOJ Directive Gives Contractors A Fraud Risk Road Map

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    For government contractors, the 10 factors described in the U.S. Department of Justice's recent corporate fraud enforcement directive function as a de facto scoring rubric for internal audits that mirrors what prosecutors will prioritize, say attorneys at Spencer Fane.

  • Key Risk Assessment Gaps To Note From NY Cyber Guidance

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    Covered entities should take a fresh look at the compliance gaps flagged in recent New York State Department of Financial Services guidance on "deficient cybersecurity programs," particularly around scope, asset inventories and documentation, say attorneys at Mayer Brown.

  • Tort Liability When AI Goes Rogue: Strict Liability

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    If artificial intelligence agents misbehave in unpredictable ways, and no reasonable precaution can prevent resulting harms, then a negligence regime may not provide sufficient remedy, and strict liability might be adapted to cover agents' misconduct — but the common notion of strict liability fits this situation imperfectly, says Donald Hawthorne at Carter Ledyard.

  • Where SEC's Transfer Agent Plan Would Change Compliance

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    The U.S. Securities and Exchange Commission’s recent proposal to update the federal regulatory framework for transfer agents would comprehensively modernize the old task-specific regime by centering speed, operational resilience, compliance governance and technology-neutral recordkeeping, say attorneys at Morgan Lewis.

  • Open Issues After 2nd Circ.'s Airport Phone Search Ruling

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    While the Second Circuit’s recent U.S. v. Alisigwe decision confirms border agents' broad authority to conduct routine manual cellphone searches at ports of entry, significant questions remain about more wide-ranging forensic searches at the border, say attorneys at Baker Botts.

  • FTC's Changing Model Raises Questions About Its Mission

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    Federal Trade Commission leaders have recently sketched a vision of an agency that continues an enforcement role distinct from the U.S. Department of Justice's, even as a shift toward greater presidential control makes enforcement more responsive to changes in administrations, say attorneys at Wiley.

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • The Future Of PCAOB Enforcement After Post-Jarkesy Win

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    While the Public Company Accounting Oversight Board recently defeated procedural and structural challenges to its enforcement program in D.C. federal court, it's unclear what claims and sanctions the PCAOB can bring against respondents — and whether it's interested in instituting disciplinary proceedings generally, says Mike Plotnick at King & Spalding.

  • Tort Liability When AI Goes Rogue: Negligence Theory

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    If reasonable care in the use of artificial intelligence agents cannot eliminate the risk of third-party harm, then AI companies and users of AI agents must consider whether negligence theory provides an adequate framework for assessing harm caused by agents that go rogue, says Donald Hawthorne at Carter Ledyard.

  • DC Circ. Ruling Clarifies Standards For Buy America Waivers

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    The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.

  • How Senate-Passed Bill May Reshape NCAA Antitrust Liability

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    With the U.S. Senate's recent passage of the Protect College Sports Act, practitioners should not wait for the U.S. House of Representatives' approval to prepare for shifts in potential antitrust protections, compensation, media rights deals and conference mergers, say attorneys at Norton Rose.

  • Uniting BSA, Sanctions Compliance As Treasury Targets Iran

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    The past 18 months of Treasury Department policies demonstrate expectations that financial institutions not merely obey sanctions against Iran, but also help expose how it moves money, making it essential that banks eliminate silos between their Bank Secrecy Act and sanctions compliance teams for an integrated response, says Jonathan Harrington at Bradley Arant.

  • Digging Into Dems' Letter On Subpoena Secrecy Demands

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    Lawmakers’ recent letter arguing that federal agencies’ use of boilerplate nondisclosure language in subpoenas pressures recipients into silence may lead to a significant overhaul of the current framework, but in the meantime, companies should review their rights and options, say attorneys at Crowell & Moring.

  • How Bank Lobby's Suit Tests OCC's Crypto Charter Powers

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    The Independent Community Bankers of America’s recent lawsuit challenging the Office of the Comptroller of the Currency’s ability to charter cryptocurrency companies marks another chapter in the struggle over the appropriate regulatory framework for digital assets, while raising a classic administrative law question at its most basic level, say attorneys at Ballard Spahr.

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