Public Policy

  • November 02, 2026

    Groups Urge Justices To Take Up Capital Group ERISA Fight

    Several employee benefits trade groups urged the U.S. Supreme Court Monday to review a Ninth Circuit ruling that refused to force arbitration of a retirement plan dispute against an investment management company, arguing the case could resolve a circuit split on the scope of relief under federal benefits law.

  • November 02, 2026

    Tax Court Denies IRS Bid To Revisit Easement Case Ruling

    The U.S. Tax Court said Monday it won't reconsider a September opinion finding a partnership's petition was filed late because of circumstances beyond its control, saying the court has already addressed the IRS' arguments that it improperly excused the lateness of the conservation easement suit.

  • November 02, 2026

    NTSB Defeats Ex-Member's Race Bias Suit Over Removal

    A D.C. federal judge shut down a former National Transportation Safety Board member's lawsuit alleging he was unlawfully removed by President Donald Trump because he's Black, pointing to the U.S. Supreme Court's June decision concluding that presidents have unlimited authority to fire members of independent agencies.

  • November 02, 2026

    DC Circ. Questions Lack Of Carbon Plan For Gas Terminal

    Judges on the D.C. Circuit on Monday pressed attorneys for the Federal Energy Regulatory Commission and the company behind a natural gas export terminal and pipeline in South Texas on why they walked away from a connected proposal for carbon sequestration near the project without explanation.

  • November 02, 2026

    Judge Orders Chicago US Atty To Testify In Misconduct Probe

    An Illinois federal judge has ordered Chicago's top federal prosecutor and three assistant U.S. attorneys to testify under oath about potentially false statements made to her in a now-dismissed criminal conspiracy case against anti-ICE protesters, saying Monday that the government's shifting explanations about communications with DOJ leadership suggest prosecutors misled the court about outside involvement in the prosecution.

  • November 02, 2026

    XAI Fails To Dodge Miss. NAACP Pollution Suit

    A Mississippi federal judge denied X.AI Corp.'s bid to dismiss an NAACP citizen suit alleging that the company has unlawfully installed and operated dozens of polluting natural gas-fired turbines to power its Colossus 2 data center.

  • November 02, 2026

    IRS Donor Reporting Rule Violates 1st Amendment, Court Told

    The IRS' nonprofit donor disclosure rule violates organizations' and donors' First Amendment rights, a privacy group told a D.C. federal court, saying the rule is subject to a heightened level of judicial scrutiny that the government cannot overcome.

  • November 02, 2026

    Judge Tosses DOJ's Harvard Admissions Data Suit For Now

    A federal judge Monday threw out a lawsuit alleging Harvard University is withholding admissions data from the Trump administration, finding the government failed to take certain required steps before hauling the school into court.

  • November 02, 2026

    Trump To Remove Rwanda, South Africa From Trade Deal

    President Donald Trump intends to remove Rwanda and South Africa from a trade preference program for African countries, according to a statement released by the Office of the U.S. Trade Representative on Monday.

  • November 02, 2026

    Reform But Don't Gut FCC Subsidies, Rural Telecoms Say

    Rural telecom providers say the Universal Service Fund needs reforms to run more smoothly, but they cautioned the Federal Communications Commission against structural changes that could disrupt the program.

  • November 02, 2026

    5th Circ. Skeptical Chinese Citizens Have Right To Texas Land

    A Fifth Circuit panel wants to know if Chinese citizens who wish to purchase property in Texas are arguing that everyone in the world has a constitutional right to do so, asking Monday if people globally "have the right to be treated as U.S. citizens for purposes of purchasing property in Texas."

  • November 02, 2026

    BigLaw Attys Step Up To Help Voters In Midterm Elections

    Attorneys from several BigLaw firms are volunteering across the country to make sure voters don't run into problems casting their ballots or having those ballots counted in Tuesday's midterm elections.

  • November 02, 2026

    'Our Bad': Feds' First Step Act Argument Surprises Justices

    Some U.S. Supreme Court justices considering a First Step Act case Monday appeared caught off guard by a government lawyer's argument that the defendant's impending release from prison renders the appeal moot.

  • November 02, 2026

    Union, Groups Challenge Trump's 'Noncitizen' Ballot Demand

    A labor union and two voter advocacy groups have asked a Washington federal court to stop President Donald Trump's administration from pressuring state election officials to set aside ballots from about 400 registered voters federal agencies believe are or were noncitizens.

  • November 02, 2026

    Fed. Circ. Probes Mattress Data In Indonesia Duty Dispute

    The U.S. Department of Commerce should be required to explain why it inconsistently approached data that contains impossibilities from an Indonesian exporter of mattresses during an antidumping duty investigation, counsel for domestic mattress importers and manufacturers told the Federal Circuit on Monday during oral arguments.

  • November 02, 2026

    High Court Rejects Trump's Bid To Set Aside 20K Calif. Ballots

    The U.S. Supreme Court on Monday quickly denied the Trump administration's request to set aside 20,000 California mail-in ballots that the federal government claims were sent to noncitizens.

  • November 02, 2026

    Copyright Board Rejects UPS Logo Registration Bid

    The U.S. Copyright Office Review Board has ruled that UPS can't register a copyright for its brown-and-gold shield logos, finding that they weren't creative enough to warrant copyright protection.

  • November 02, 2026

    Trump Admin Seeks Revival Of Blocked Fixed-Term Visa Rule

    The Trump administration has told a Massachusetts federal court that its currently blocked final rule setting firm duration limits on foreign student and press visas is critical for national security, while education groups and labor unions said the court's prior analysis "needs no retreading."

  • November 02, 2026

    FCC Clears More Drones, Inverters, Robots From Covered List

    The Federal Communications Commission has cleared several foreign-produced products for sale in the U.S., exempting certain uncrewed aircraft systems, advanced robotic devices and power inverters from the Covered List, which restricts foreign-made devices for national security reasons.

  • November 02, 2026

    5th Circ. Keeps UPS Death Suit In Texas Federal Court

    The Fifth Circuit has reversed an order sending a woman's wrongful death claims against United Parcel Service Inc. back to Texas state court, finding the district judge should have allowed UPS to fix a procedural defect rather than remanding on their own accord.

  • October 30, 2026

    Law360 MVP Awards Go To Top Attorneys From 89 Firms

    The lawyers chosen as Law360's 2026 MVPs stand out from their peers by notching significant achievements in high-stakes litigation, complex global matters and record-setting transactions.

  • November 01, 2026

    DOJ Can't Block Alaska Senate Vote Certification, Judge Says

    A federal judge Sunday dismissed the U.S. Department of Justice's lawsuit seeking to block the certification of the Senate election results in Alaska if the incumbent Sen. Dan S. Sullivan, R-Alaska, does not win — a decision the DOJ said it would appeal.

  • October 30, 2026

    Feds Want 5 Years For John Bolton In Classified Info Case

    Federal prosecutors say former National Security Adviser John Bolton should be sentenced to five years in prison after he pled guilty to charges he illegally retained classified national defense information, while Bolton says he should only be sentenced to probation, according to dueling memos filed Friday in Maryland federal court.

  • October 30, 2026

    OCC Has 'Serious' Concerns On Calif. Climate-Disclosure Law

    The Office of the Comptroller of the Currency is lobbying California environmental regulators for a national bank carveout from their anticipated state climate-related disclosure rules, signaling it could otherwise seek to shield banks with its federal preemption powers.

  • October 30, 2026

    Binance's $6.3B Crypto Hack Puts Customer Trust To The Test

    The record $6.3 billion hack of Binance is likely to test customers' faith in the cryptocurrency giant, with its ability to repay losses and willingness to take steps to strengthen its cyber defenses poised to shape whether investors stick with the platform.

Expert Analysis

  • Tracking The 2027 Va. Bills That May Tighten Data Center Regs

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    Data center developers and operators should monitor Virginia legislation responding to the state's new data center accountability framework, local moratoria and the end of an electricity consumption tax, which could change review thresholds, impose new energy rules and slow the approval process, say attorneys at Holland & Knight.

  • How Bipartisan Permitting Reform May Boost Green Energy

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    After years of false starts, Congress may finally be nearing a meaningful overhaul of the federal permitting process — and the proposed legislation could provide renewable energy developers with faster project reviews, more durable permits and greater protections from litigation, says Jon Micah Goeller at Husch Blackwell.

  • OCC Plan May Bring Data Sharing Flexibility, Diligence Issues

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    The Office of the Comptroller of the Currency's recent proposal to overhaul its supervisory information sharing regime for the first time in decades would provide important flexibility to banks, but it could create new issues around confidentiality agreements, disclosure controls and diligence processes, say attorneys at Simpson Thacher.

  • Where DOJ's Fraud Directive May Actually Affect Enforcement

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    The U.S. Department of Justice’s recent directive outlining corporate fraud enforcement priorities is mostly a management document instead of a policy, but one part may actually undermine the directive's goals by leading to worse outcomes for organizational defendants and less corporate self-disclosure, says Zachary Warren at Williams & Connolly.

  • Rebuttal

    North Carolina's Funding Ban Is An Outlier, Not A Model

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    A recent Law360 guest article argues that North Carolina's litigation funding ban should be adopted by other states, but that analysis overstates what North Carolina did and misjudges how the law will travel, says Dai Wai Chin Feman at the International Legal Finance Association.

  • Challenges On The Horizon For Illinois Data Center Projects

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    Illinois has more data centers in operation or under construction than all but five other states — but such projects face growing litigation threats and a range of state and local legislative proposals that could hinder further development of these facilities in the Land of Lincoln, say attorneys at Paul Hastings.

  • Planning For D&O Exclusions As Risks Mount For Banks

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    Banks should scrutinize directors and officers exclusions for artificial intelligence, disclosure and cybersecurity risks during policy renewal negotiations to preserve coverage amid the current uptick in insurer scrutiny and related shareholder litigation, say attorneys at Jones Walker.

  • Why The SEC Proposed Rescinding Its 'Pay-To-Play' Rule

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    The U.S. Securities and Exchange Commission's recent proposal to nix its pay-to-play rule governing political contributions by investment advisers follows years of industry advocacy and commissioner criticism that it suppresses political speech and affects hiring, say attorneys at Simpson Thacher.

  • Transfer Pricing Analyses May Apply To Tariff Refunds Claims

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    Both plaintiffs and defendants in consumer class actions over tariff refunds should examine transfer pricing analyses, which can offer contemporaneous evidence as to how much of a tariff was borne in the U.S. by the importer or consumers rather than absorbed earlier in the supply chain, say economists at The Brattle Group.

  • CFIUS Annual Report Reveals Enforcement Trends

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    The Committee on Foreign Investment in the United States' recently published annual report to Congress shows that it is increasingly focused on nonnotified transactions, mandatory filing compliance, critical technologies and postclosing mitigation enforcement across the full life cycle transactions, say attorneys at Bass Berry.

  • Importer Risk Rises As AI Enters Trade Fraud Enforcement

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    The Trump administration's new data-driven and artificial intelligence-enabled push against tariff evasion raises the stakes for companies with global supply chains, making it crucial that they consider strengthening response protocols, documentation and internal reporting mechanisms, say attorneys at Cooley.

  • What CMS Audit Rule Means For Medicare Advantage Plans

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    Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.

  • Parsing The Latest Signals On FTC Section 5 Enforcement

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    Federal Trade Commission cases brought over the last several years and Commissioner Mark Meador’s recent call for stand-alone Section 5 enforcement suggest businesses should prepare for continued scrutiny of conduct beyond traditional antitrust violations, particularly in essential goods, technology and labor markets, say attorneys at Axinn.

  • Calif. PFAS Pesticide Reporting Law Raises Cos.' Legal Risks

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    A new California law requiring public reporting of how registered pesticides containing intentionally added perfluoroalkyl and polyfluoroalkyl substances are used across the state could increase regulatory scrutiny — and provide a road map for litigation involving growers, applicators, distributors, pesticide manufacturers and upstream chemical suppliers, say attorneys at O'Melveny.

  • What's At Stake As Justices Rethink Sentencing Commentary

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    Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.

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