Public Policy

  • October 28, 2026

    TB Outbreak In Wash. Prisons Yields $52M Damages Verdict

    Washington jurors returned a $52 million verdict in favor of 23 plaintiffs who accused the state's Department of Corrections of allowing an active tuberculosis outbreak to fester and spread to hundreds of people at its prison facilities over nearly two years.

  • October 28, 2026

    PayPal's Financial Offerings Are Under Fresh FTC Scrutiny

    PayPal has disclosed that it is facing a Federal Trade Commission investigation into its financial products and services, including marketing, fees and purchase protections.

  • October 28, 2026

    CFPB Audit Flags Cybersecurity Gaps Amid Staff Departures

    The Consumer Financial Protection Bureau has failed to promptly fix serious cyber weaknesses and consistently track data in its possession as staffing losses have hampered the agency's ability to safeguard its systems, according to a federal watchdog audit released Wednesday.

  • October 28, 2026

    State Dept. Owes $461M For Work During COVID, Builder Says

    Trump administration officials reneged on the U.S. Department of State's agreement to pay an Alabama-based construction giant for cost overruns while it continued working on a dozen embassy projects during the COVID-19 pandemic, according to the company's Wednesday lawsuit that seeks at least $461 million in damages.

  • October 28, 2026

    Missouri, Louisiana Sued By Prediction Market Giants

    Missouri and Louisiana are the latest states to become embroiled in litigation with event contract platforms, after Kalshi and Polymarket sued them, respectively, to prevent pending enforcement action.

  • October 28, 2026

    MSU Trustee Says Ethics Code Violates First Amendment

    A Michigan State University trustee filed a federal civil rights lawsuit against the board chair and secretary Wednesday, alleging that recent revisions to the board of trustees code of ethics are unconstitutional and intended to silence trustees who criticize the university or dissent from majority decisions.

  • October 28, 2026

    SC Gov.'s Counsel Still In The Running For Federal Judgeship

    The chief legal counsel for South Carolina Gov. Henry McMaster is "being actively considered" for a federal judgeship, according to the White House, but it's not a done deal yet.

  • October 28, 2026

    Patients Tell Colo. Justices Hospital Defied Gender Care Order

    Transgender youth patients of Children's Hospital Colorado are challenging a judge's discharge of their contempt citation against the hospital for not resuming the provision of medical gender-affirming care to them, urging Colorado's justices to decide whether the hospital complied with an injunction prohibiting it from refusing to provide the care.

  • October 28, 2026

    Interior Says Records Order Not Needed For Golf Course Suit

    The U.S. Interior Department told a D.C. federal judge Wednesday there's no need to order it to retain records on East Potomac Golf Course tree removals or makeover plans in a case where its assertions have often conflicted with President Donald Trump's online posts.

  • October 28, 2026

    FTC Probes Delta, Uber, Others Over Data-Driven Pricing

    The Federal Trade Commission is pressing Delta, Uber, Target and a half-dozen other companies to detail how they're using personal data to set individualized pricing for consumers and compensation for workers, marking the latest escalation of the agency's growing scrutiny of the increasingly prominent business practice.

  • October 28, 2026

    4th Circ. Judge Sees 'Big Brother' In Va. Social Media Limits

    A Fourth Circuit judge Wednesday expressed concern with a Virginia law limiting children's access to social media, telling counsel for the commonwealth that the provision has a "Big Brother atmosphere" to it and suggesting he'd back the district court's injunction halting enforcement of the regulation.

  • October 28, 2026

    Wash. Gov. Creates Fraud Post, Backs Broader Medicaid FCA

    As part of a push to expand fraud prevention efforts in Washington, Gov. Bob Ferguson signed an executive order Tuesday to create a new chief fraud prevention officer position and a statewide fraud prevention work group, also announcing forthcoming legislation that would broaden the state's Medicaid False Claims Act.

  • October 28, 2026

    City Says Waiver And Federal Pot Ban Beat Licensing Suit

    A cannabis company that spent $1.7 million to open a dispensary in a town on the shores of the Great Lakes cannot sue the city or its officials for failing to issue allegedly promised retail licenses, the municipality told a federal court, saying the business signed a waiver that bars litigation.

  • October 28, 2026

    7th Circ. Takes Up Ill. Ban On Firearm Silencers

    A Seventh Circuit panel questioned Wednesday whether firearm silencers should be considered part of a constitutionally protected weapon or are merely optional accessories, as gun owners seeking to overturn Illinois' ban argued the devices improve firearms' functionality and protect users from hearing damage.

  • October 28, 2026

    Sportsbooks Say DC Law Bars Bettor Loss Recovery

    Sportsbook operators are urging the D.C. Circuit not to revive a lawsuit challenging the legality of their operations there, arguing the city expressly excluded licensed sports wagering from the statute being invoked to recover losses for bettors.

  • October 28, 2026

    USPTO Removed 14,000 Invalid TM Filings In Fiscal 2026

    The U.S. Patent and Trademark Office took off more than 14,000 improper trademark filings from the Federal Register and removed more than 42,000 unused goods and services from registrations in the 2026 fiscal year, agency officials said at a webinar Wednesday.

  • October 28, 2026

    DC Judge Finds Trump Ads Likely Broke Propaganda Ban

    A D.C. federal judge once again blocked taxpayer-funded campaign-style television ads for President Donald Trump from hitting the air Wednesday, ruling that the Democratic National Committee, which challenged the spots earlier this month, was likely to succeed on its claim that the spending violated a congressional ban on propaganda.

  • October 28, 2026

    ICE Sued After Detainees Removed From Online Locator

    Legal aid organizations said Wednesday a U.S. Immigration and Customs Enforcement database no longer shows where detainees with final removal orders are being held, claiming in a lawsuit the move has made it difficult to reach their clients.

  • October 28, 2026

    Robinhood Agrees To Pause Sports Event Contracts In Ohio

    Robinhood Markets Inc. on Wednesday said it struck an agreement with Ohio's gaming commission to stop offering new sports-related event contracts in the Buckeye State in exchange for an enforcement reprieve while litigation over the contracts' legality plays out in federal courts.

  • October 28, 2026

    FCC Wants To Loosen Rules For Jamming Cell Phones

    The Federal Communications Commission plans to legalize cellphone signal jamming, at least when it comes to phones that have been snuck into prisons, the head of the agency revealed at a Wednesday press conference in Arkansas.

  • October 28, 2026

    FEMA Contractors Say No-Poach, Wage-Fixing Suit Still Faulty

    Fluor Federal Services and some of its federal disaster response subcontractors urged a Florida federal judge Tuesday to definitively end a proposed class action accusing them of agreeing to fix wages and avoid hiring each other's workers, arguing the amended complaint still doesn't fix shortcomings identified by the court.

  • October 28, 2026

    CBP Clears Nearly 16M Imports In 3rd Tariff Refund Phase

    In just over two weeks, U.S. Customs and Border Protection has cleared nearly 16 million more imports as part of the third phase of its tariff refund system, according to a declaration filed by a CBP official at the U.S. Court of International Trade.

  • October 28, 2026

    LA's Top Federal Prosecutor 'Unlawfully Serving,' Judge Finds

    A federal judge has ruled that Los Angeles' top federal prosecutor isn't legally serving in the role and that he is disqualified from participating in or supervising two criminal prosecutions.

  • October 28, 2026

    DOJ Drops Bid To Block Peltola Campaign Intervention

    In light of reporting that Mary Peltola's campaign and the Democratic Senatorial Campaign Committee allegedly were involved in recruiting a second Dan Sullivan to run for Senate, the U.S. Department of Justice is dropping its opposition to having the campaign intervene in the case.

  • October 28, 2026

    4th Circ. Judge Wary Of NC Abortion Drug Law Challenge

    A Fourth Circuit judge on Wednesday sharply questioned the attorney for a physician challenging North Carolina restrictions on the abortion medication mifepristone, citing case law he said treats federal rules as a "floor and not a ceiling" on what states can require.

Expert Analysis

  • How FCC Robocall Rules Reshape TCPA Opt-Out Compliance

    Author Photo

    The Federal Communications Commission's recent changes to its Telephone Consumer Protection Act rules may simplify how businesses process consumer opt outs for robocalls and robotexts, but they also introduce nuances to the opt-out process that may be challenging to operationalize, say attorneys at Hunton.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

    Author Photo

    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

  • Managing Employer Risk Under Calif.'s No Robo Bosses Law

    Author Photo

    California's No Robo Bosses Act marks the state's first statutory limit on using artificial intelligence in employee discipline and termination decisions, creating exposure for employers through its corroboration and notice requirements, burden-shifting framework, and potential reach under the Private Attorneys General Act, say attorneys at Reed Smith.

  • IRS Rule May Put Private Schools' Exempt Status At Risk

    Author Photo

    In light of recently proposed Treasury regulations that would narrow the options for diversifying student communities, private schools should reexamine how race enters their admissions, financial aid and student programs or risk losing tax-exempt status, say attorneys at Atkinson Andelson.

  • AG Watch: Minnesota Takes Action To Secure Child Safety

    Author Photo

    Minnesota Attorney General Keith Ellison has built one of the most aggressive and structurally coherent child protection enforcement programs in the country, targeting consumer-facing sectors that his office has concluded prey on minors, such as tobacco and nicotine, social media platforms, and artificial intelligence, say attorneys at Crowell & Moring.

  • Southern Glazer's Deal Tests FTC's Robinson-Patman Push

    Author Photo

    A California federal court's recent decision in Federal Trade Commission v. Southern Glazer's secures a rare Robinson-Patman Act pricing limitations agreement, but conditions attached to the decision indicate that practitioners may only see a handful of new private RPA cases a year, says Steven Cernak at Bona Law.

  • Opinion

    The SEC Crypto Proposal Rests On A Term No One Can Define

    Author Photo

    The U.S. Securities and Exchange Commission's recently proposed Regulation Crypto Assets is its most ambitious attempt to set rules for the crypto industry, but its repeated use of the phrase "essential managerial efforts" means it perpetuates the uncertainty the regime is meant to cure, says Joseph A. Hall at Davis Polk.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

    Author Photo

    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

    Author Photo

    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Opening Up Fraud Talks With Customers After SAR Guidance

    Author Photo

    Federal financial regulators’ recent statement that the Bank Secrecy Act permits financial institutions to discuss potential fraud with customers, provided they don’t reveal the existence of any suspicious activity reports, means banks that have been tighter-lipped than regulations require can consider passing additional useful information on to customers, say attorneys at MoFo.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

    Author Photo

    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • Unpacking FDIC's Modernized Bank Merger Review Rules

    Author Photo

    The Federal Deposit Insurance Corp.'s proposed revisions to its Bank Merger Act review process are a shift from its more skeptical prior posture toward a more structured and transaction-facilitative approach, though some broader uncertainty remains concerning antitrust alignment with the U.S. Department of Justice, say attorneys at Simpson Thacher.

  • FTC's BOTS Act Blitz Raises Stakes For Ticket Resellers

    Author Photo

    Recent lawsuits and enforcement actions brought by the Federal Trade Commission under the Better Online Ticket Sales Act signal sustained ticket industry enforcement, but industry actors can reduce risk by screening practices and partnerships related to ticket purchasing, and evaluating the scale of their ticket operations, say attorneys at Holland & Knight.

  • AGs' Paramount Settlement Reflects States' Growing Influence

    Author Photo

    The recent California federal court approval of the California v. Paramount Skydance settlement illustrates how state attorneys general are gaining new independence and influence, and companies must account for state enforcement when assessing merger risks ahead of a deal's closing, say attorneys at Norton Rose.

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

    Author Photo

    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

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.