Public Policy

  • October 08, 2026

    New USPTO GC Vows Government Won't 'Micromanage' IP

    John Duffy, the new U.S. Patent and Trademark Office general counsel and acting solicitor, told patent professionals gathered in San Francisco on Thursday that the economic use of patent rights is best handled by the private sector and that governments here and elsewhere shouldn't "micromanage the commerce of intellectual properties."

  • October 08, 2026

    DOJ Urges Justices To Keep Anti-ICE Activist Detained Pretrial

    Federal prosecutors on Thursday urged the U.S. Supreme Court to leave in place a Sixth Circuit ruling that a self-described "antifa" member must remain in jail pending trial on charges that he cyberstalked and threatened a social-media supporter of U.S. Immigration and Customs Enforcement.

  • October 08, 2026

    Mayne, Ascend Cut $1M Generic Price-Fixing Deal With States

    Ascend Laboratories, Mayne Pharma and Citron Pharma asked a Connecticut federal judge Thursday to sign off on a settlement with a coalition of states resolving claims the companies were involved in an illegal conspiracy to fix prices and suppress competition for generic drugs in the United States. 

  • October 08, 2026

    Coinbase Tells 2nd Circ. Only CFTC Oversees Event Contracts

    Event contracts that Coinbase offers, including sports event contracts, are swaps over which the Commodity Futures Trading Commission has "exclusive" jurisdiction, the company has urged the Second Circuit to rule, arguing Connecticut's laws have "no role to play" in regulating prediction markets.

  • October 08, 2026

    Dodd-Frank Act Is Focus Of Latest Amici In NJ-Kalshi Case

    Multiple amici, including the drafter of the Dodd-Frank Act, weighed in on New Jersey’s petition for the U.S. Supreme Court to review the regulation of prediction markets and sports betting, saying the statute was not meant to displace state gambling laws.

  • October 08, 2026

    Duke Energy, Tech Giants Ink Data Center Cost Deal

    Duke Energy announced that it has reached a deal with North Carolina regulators, Amazon, Meta, Microsoft, Google and others to beef up existing protections to ensure ratepayers won't be burdened with costs incurred from data centers and other large-load customers in the Tar Heel State. 

  • October 08, 2026

    Wash. Attorney General Names New Tacoma Division Head

    Insurance litigator Jason Dickey-North will take over as the new chief of the Washington Attorney General's Office's Tacoma division, succeeding Laura Wulf, who's set to retire at the end of 2026, Attorney General Nick Brown announced Thursday.

  • October 08, 2026

    High Court Urged To Keep Prison Trans Care Ban Blocked

    The U.S. Supreme Court should decline the Trump administration's request to disturb a district court order barring the Federal Bureau of Prisons from enforcing a gender dysphoria care ban, a group of transgender individuals incarcerated in BOP facilities argued Thursday.

  • October 08, 2026

    Feds Say End Of Chevron Deference Justifies ESA 'Harm' Rule

    The U.S. Fish and Wildlife Service and National Marine Fisheries Service told California and South Carolina federal judges that the Trump administration's redefinition of "harm" under the Endangered Species Act was permissible after the overturning of Chevron deference.

  • October 08, 2026

    DC Circ. Won't Rehear Ruling Blocking Fla. Wetlands Permits

    The D.C. Circuit has denied a petition from the federal government for an en banc rehearing of a previous court decision vacating the EPA's authorization for Florida to run a Clean Water Act permitting program for dredging and filling wetlands.

  • October 08, 2026

    Top Groups Lobbying The FCC

    Lobbying efforts at the Federal Communications Commission spiked in September as companies and interest groups looked to sway FCC policies on issues such as modernizing the phone networks, Lifeline reform, environmental rules, satellite spectrum and more.

  • October 08, 2026

    FBI Turns To UFC To Help Train Its Agents

    The FBI is going to enlist Ultimate Fighting Championship to train its special agents in defense technical techniques focusing on mixed martial arts, the agency has said.

  • October 08, 2026

    Md. Judge Again Finds DHS Breached Asylum Settlement

    A Maryland federal judge ruled Thursday that the U.S. Department of Homeland Security has continued to violate a class action settlement protecting asylum seekers who entered the U.S. as unaccompanied minors, ordering the agency to stop opposing the asylum seekers' bids to pause deportation cases.

  • October 08, 2026

    Trade Court Certifies Broad IEEPA Tariff Refund Class

    The U.S. Court of International Trade granted a broad class certification for importers subjected to President Donald Trump's now-invalidated global tariff regime Thursday in a move the judge said he hopes will ensure all such tariffs are refunded.

  • October 08, 2026

    Senators Say Ticket Brokers Can't Pry Into Their Emails

    Two U.S. senators have told a Maryland federal court that a ticket broker cannot force them and their staff to comb through their communications "in the hope of uncovering stray remarks" to support the company's interpretation of the law the FTC is suing it for violating.

  • October 08, 2026

    Calif. Insurance Chief Hopefuls Debate Fix For Fire Market

    The two Democratic candidates running to be California's top insurance regulator clashed in a debate over whether fire insurance should be reformed within the private market or become the remit of a public system of disaster insurance.

  • October 08, 2026

    FCC Dem Slams 'Dark Money' Plan For Political Robocalls

    The FCC spends a lot of time trying to do something about the billions of illegal robocalls Americans are pelted with every month, but the agency is currently considering a proposal to relax the current rules on political robocalls ahead of the November midterms — to the chagrin of the commission's lone Democrat.

  • October 08, 2026

    Public Denied Access To Colo. Secretary's Swipe Records

    A conservative nonprofit organization won't get access to office badge swipe records from the Colorado secretary of state after a state court judge on Thursday found the records were protected under the Colorado Open Records Act.

  • October 08, 2026

    Fla. Judge Says Oct. 7 Attack Was 'Inflection Point' For U.S.

    U.S. District Judge Roy K. Altman addressed a small group of attorneys in a Florida law office to speak on his book about the October 2023 Hamas-led attack on Israel, saying public debate over facts surrounding the event and underlying feud has reached an "inflection point" in America.

  • October 08, 2026

    Ex-Patent Commissioner Joins IP Advocacy Group Board

    The U.S. Patent and Trademark Office's former acting patent division leader has been named as a new advisory board member of the Council for Innovation Promotion after leaving the agency in April, the advocacy group has announced.

  • October 08, 2026

    US Atty Video Lets Harvard Researcher Probe Motive

    A rare video statement released by Massachusetts U.S. Attorney Leah Foley after her office charged a Russian national and Harvard researcher with smuggling frog embryos last year could be seen as "objective evidence" that the prosecution was driven by vindictiveness, a federal judge said on Thursday.

  • October 08, 2026

    GAO To Investigate CFTC Staffing Cuts After Warren Request

    The U.S. Government Accountability Office will investigate the impact of staffing cuts at the U.S. Commodity Futures Trading Commission, after Sen. Elizabeth Warren, D-Mass., urged the watchdog agency to probe whether the cuts impacted the CFTC's ability to fulfill its responsibilities and whether they are legally sound.

  • October 08, 2026

    Colo. Landowners Sue To Block Data Center

    Colorado landowners sued Weld County and a data center developer, alleging that the county unlawfully approved the first phase of what they say will be the state's largest data center despite concerns about its water and electricity needs, noise pollution and violations of public meeting requirements.

  • October 08, 2026

    NCUA's 2-Week Leadership Gap Draws Senate Dem Scrutiny

    The Senate Banking Committee's top Democrat is seeking more details on an unusual gap in leadership that took place this summer at the National Credit Union Administration, questioning how the agency continued to function with an empty governing board.

  • October 08, 2026

    FTC's Meador Urges EU To Adopt Case-By-Case Enforcement

    Federal Trade Commission member Mark Meador on Thursday argued digital market rules in the U.K. and the European Union undermine international cooperation with U.S. antitrust and consumer protection enforcers, in the latest Trump administration admonishment of the policies.

Expert Analysis

  • High Court, SEC Proposals Set Stage For Further Fund Reform

    Author Photo

    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • AG Watch: Minn. Defends Prediction Markets Ban

    Author Photo

    Minnesota Attorney General Keith Ellison has aggressively defended the state's landmark statute banning prediction markets, but the court's July 27 temporary injunction in U.S. v. Minnesota blocking the law from taking effect could set the template for state authority across the country, say attorneys at Crowell & Moring.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

    Author Photo

    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USDA, Treasury Moves May Widen Agricultural Deal Scrutiny

    Author Photo

    Two agency actions that identify weaknesses in the government’s foreign investment screening architecture signal a broadening of the Committee on Foreign Investment in the United States’ jurisdiction over agricultural real estate transactions, more demanding beneficial-ownership resolutions and the coming integration of agency disclosure systems, says researcher Robert Green.

  • From Order To Regulation: How EOs Are Reshaping Banking

    Author Photo

    The pattern of regulatory activity emerging in the wake of the Trump administration's first 18 months of executive orders makes clear that financial institutions should treat presidential directives as early warning signs and not wait for final rules to assess the accompanying compliance impact, says Jonathan Kolodziej at Bradley.

  • Rhode Island Self-Checkout Law Signals National Trend

    Author Photo

    Rhode Island's law limiting self-checkout in retail stores is the first of its kind, but state and local lawmakers across the country are considering similar bills — and if enacted, they could create a patchwork of compliance requirements around issues including staffing, signage and restricted merchandise, says Hannah Flint at Hunton.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

    Author Photo

    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • Opinion

    USCIS Delays Shouldn't Mean Detention For EB-5 Investors

    Author Photo

    Some EB-5 investors with pending petitions were recently detained amid a surge in immigration arrests, but when only U.S. Citizenship and Immigration Services can resolve a respondent's status, immigration courts shouldn't retain cases they can't decide, and detention shouldn't replace adjudication, says Jun Li at Reid & Wise.

  • What FERC Concurrences Reveal About Large Load Priorities

    Author Photo

    The Federal Energy Regulatory Commission's recent orders concerning grid operators' procedures for connecting large loads like data centers to the power grid came with concurring statements from the FERC commissioners, which provide key insights into individual commissioners' concerns and a road map for compliance, say attorneys at Womble Bond.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

    Author Photo

    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

    Author Photo

    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • CFPB Fair Lending Litigation Reveals Compliance Complexity

    Author Photo

    A recent legal challenge to the Consumer Financial Protection Bureau's fair lending amendments underscores continuing uncertainty over disparate impact liability, discouragement standards and special purpose credit programs, signaling that financial services providers should avoid hasty compliance changes, say attorneys at Weiner Brodsky.

  • Ensuring Eligibility For Data Center Sales Tax Breaks

    Author Photo

    As states compete to lure data centers, sales tax exemptions are an important component of many incentive packages — but companies must ensure that projects not only qualify for exemptions on paper, but also can preserve and prove their eligibility through the planning, construction and operation phases, says Peter Lowy at Nelson Mullins.

  • Cos. Should Act Now After US Ruling Reopens EU Data Fight

    Author Photo

    The U.S. Supreme Court's recent decision in Trump v. Slaughter may have inadvertently undermined the EU-U.S. Data Privacy Framework, and given the importance of data transfers for U.S. businesses, companies should start preparing for a scenario in which the framework is no longer enforceable, says Fernanda Pires Merouço at Davis Wright.

  • Inside Differing State Approaches To Prediction Market Taxes

    Author Photo

    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Public Policy archive.