Public Policy

  • September 01, 2026

    Copyright Chief Says Cook Ruling Bolsters Firing Challenge

    The U.S. Copyright Office's Shira Perlmutter has asked the D.C. Circuit to reverse a federal judge's refusal to block her firing by the Trump administration, arguing that the U.S. Supreme Court's June decision protecting Federal Reserve Gov. Lisa Cook undercuts the lower court's reason for denying her preliminary relief.

  • September 01, 2026

    Satellite Permitting, Robocall Bills Sail Through Subcommittee

    The SAT Streamlining Act was one of half a dozen bills that breezed through a House energy and commerce subcommittee Tuesday afternoon, with lawmakers managing to get all six bills sent along to the full committee in under an hour.

  • September 01, 2026

    VA Judge Blocks Effort To Limit Local ICE Cooperation

    A federal judge in Virginia granted the government's motion for a preliminary injunction to prevent the Commonwealth of Virginia's efforts to regulate cooperation between state, local and federal immigration enforcers.

  • September 01, 2026

    SEC Sends White House Plan For Retail Private Market Access

    The U.S. Securities and Exchange Commission's Division of Investment Management has submitted to the White House a proposal to help facilitate retail investors' exposure to private markets and enable investment advisers to charge related performance fees, saying it could provide more opportunities for investors looking to diversify their portfolios.

  • September 01, 2026

    DC Circ. Reinstates Bergdahl Court-Martial Conviction

    The D.C. Circuit ruled Tuesday that a district court judge lacked jurisdiction to vacate Bowe Bergdahl's 2017 court-martial conviction for desertion, finding that only military appellate courts can directly overturn court-martial judgments and reversing a summary judgment decision that voided the conviction.

  • September 01, 2026

    High Court Case Looms Over State Climate Superfund Fights

    A federal judge has dealt a blow to the viability of state climate change Superfund laws, although experts say the ruling may ultimately be marginalized by a looming U.S. Supreme Court decision on the future of climate tort litigation against fossil fuel companies.

  • September 01, 2026

    NJ Gov. Renews Judicial Advisory Panel With 5 Newcomers

    New Jersey Gov. Mikie Sherrill expanded and reshaped the state's Judicial Advisory Panel on Monday, issuing an executive order that adds an eighth seat on the panel and replaces four of its longtime members, including three former state Supreme Court justices who had served under previous administrations, with new appointees.

  • September 01, 2026

    DirecTV Says Emergency Alert Symbols Are A Hard Sell

    The Federal Communications Commission's heart was in the right place when it floated the idea of requiring emergency alerts to include visual symbols, but satellite television providers just aren't set up to display those symbols, DirecTV has told the agency.

  • September 01, 2026

    Enviro Groups Sue Forest Service To Halt Logging Project

    Environmental groups led by the Center for Biological Diversity launched a legal challenge in Washington federal court Monday to the U.S. Forest Service's approval of a logging project in the Methow Valley, saying the project would diminish old-growth forests and imperil Northern spotted owls and bull trout.

  • September 01, 2026

    Lumen Beats $1.4B Pension Swap Suit

    A Colorado federal judge on Tuesday ruled in favor of Lumen Technologies in a class action regarding $1.4 billion in pension obligations transferred to a risky insurance company, saying that plan participants could not show they suffered a current cognizable harm of loss of protections and the threat of impending injury was unconvincing.

  • September 01, 2026

    Abbott, Paxton Feud Over Authority To Settle With Feds

    Texas Gov. Greg Abbott told a Texas federal court that he, as the state's "chief executive officer," must sign off on a potential settlement with the federal government over a border barrier dispute, feuding with his state's attorney general.

  • September 01, 2026

    Unified, Industry Orgs. Again Push Justices On PTAB Policies

    Unified Patents, Clearing House Payments subsidiary Askeladden and a series of industry groups have continued pressing the U.S. Supreme Court to accept petitions addressing the U.S. Patent and Trademark Office's patent review authority, this time in a case brought by Tesla.

  • September 01, 2026

    Treatment Centers Cited Over Unpaid Work By Patients

    Massachusetts' attorney general on Tuesday announced a first-of-its-kind citation of over $1 million against a faith-based substance use treatment program for allegedly having hundreds of participants perform unpaid work, including landscaping and moving, for businesses.

  • September 01, 2026

    Colo. Panel Mulls Enviro Groups' Challenge To Emission Rule

    Environmental advocacy groups urged a Colorado appellate court to revive their challenge to a state agency's rule on emissions monitoring, arguing Tuesday that the rule allows most polluters to escape certain monitoring requirements by paying a fee, while the judges focused counsel on questions of statutory interpretation.

  • September 01, 2026

    Noncitizens Sue DHS Over 'Fine Everyone Policy'

    Five noncitizens have filed a proposed class action accusing the U.S. Department of Homeland Security of illegally fining noncitizens who enter the U.S. without authorization, issuing the fines retroactively and far from the border in violation of a narrowly drafted charging provision in the 2025 federal budget reconciliation law. 

  • September 01, 2026

    HHS Seeks 9th Circ. Review Of Tribal Opioid Clinic Order

    The U.S. Department of Health and Human Services has appealed to the Ninth Circuit for a review of a lower court order requiring the HHS' Indian Health Service to fund a Pechanga Band of Indians' opioid treatment facility.

  • September 01, 2026

    4 Mass. Rulings You May Have Missed In August

    Three fertility doctors defeated claims they violated a nonsolicitation agreement, while a consulting company failed in its effort to amend a four-year-old contract suit that has already been extensively litigated, among other notable Massachusetts state court rulings in August.

  • September 01, 2026

    Foreign Air Carriers To Challenge FCC Altimeters Order

    The International Air Transport Association is challenging a Federal Communications Commission order requiring aircraft serving the United States to upgrade their radio altimeters but limits reimbursements to domestic carriers.

  • September 01, 2026

    Teachers Union Wants In On CDL Data Fight

    The American Federation of Teachers is seeking to enter a lawsuit challenging the Trump administration's bid to obtain a database containing information on 17 million commercial driver's license holders, telling a Virginia federal court Tuesday that the 24 states bringing the suit don't adequately represent the interests of the union.

  • September 01, 2026

    SEC Plans To Bless Transfer Agents' Blockchain Use

    The U.S. Securities and Exchange Commission is promising sweeping changes to the rules governing transfer agents for the first time in 40 years, issuing a proposal Tuesday that would, among other things, allow agents to utilize the blockchain in tracking securities ownership. 

  • September 01, 2026

    NLRB Urges Full DC Circ. To Respect Its Policy Views

    The National Labor Relations Board urged the full D.C. Circuit on Tuesday to rethink a recent panel decision limiting the court's regard for the agency's legal positions in a vigorous defense of the board's policymaking power after the U.S. Supreme Court scrapped a sweeping deference doctrine.

  • September 01, 2026

    Split 9th Circ. Rejects Biden-Era Entry Rule

    A now-expired Biden-era rule limiting asylum eligibility for noncitizens entering from the southern border ran afoul of the Immigration and Nationality Act, the Ninth Circuit ruled, noting the INA allows noncitizens to seek asylum regardless of how they entered.

  • September 01, 2026

    Machine Guns, Silencers Aren't Protected By 2nd Amendment

    A self-described "alt-right" conservative podcaster cannot have his firearms convictions overturned because a federal law banning machine guns does not violate his Second Amendment rights, the Third Circuit ruled Tuesday.

  • September 01, 2026

    Monthly Merger Review Snapshot

    Paramount Skydance and Warner Bros. Discovery pressured state attorneys general challenging their merger to settle, the Federal Trade Commission successfully challenged a construction adhesives tie-up, state officials waded in against the NextEra-Dominion transaction, and Union Pacific Corp. and Norfolk Southern Corp. defended their combination under review by federal regulators.

  • September 01, 2026

    Congress Approves Bill Delaying Hemp Ban One Month

    The U.S. House of Representatives gave final approval Tuesday to a stopgap spending bill which includes language to delay implementation of a federal ban on products containing hemp-derived THC by one month.

Expert Analysis

  • Reviving Prize Law Would Reshape Maritime Seizure Risks

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    Recent U.S. maritime interdictions of sanctioned tankers and shadow fleet vessels raise urgent questions about whether civil forfeiture or prize law — a framework that has not been meaningfully tested since the Spanish-American War — governs and the potential impacts on vessel owners, charterers and insurers, say attorneys at Holland & Knight.

  • The Nuance Between The Atkins, Gensler SEC Strategic Plans

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    U.S. Securities and Exchange Commission Chairman Paul Atkins' recent draft strategic plan is a marked departure from that of former Chair Gary Gensler, portraying an intention to leave decisions to the market rather than steering corporate behavior through expansive disclosure mandates and regulatory enforcement, say attorneys at Cleary.

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter brought several notable financial services law developments to Michigan, including a U.S. Supreme Court ruling on state tax foreclosures, progress on a money transmission modernization bill package, and continued legislative momentum on cryptocurrency and mortgage lending, say attorneys at Dykema.

  • How New FERC Orders Are Prepping Grid For Large Loads

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    The Federal Energy Regulatory Commission's recent show-cause orders to grid operators to justify how their rates and regulations account for the interconnection of large and colocated loads like data centers may be just the first step in FERC's efforts to address anticipated reliability and affordability challenges in the coming years, say attorneys at Baker Donelson.

  • FDA Moves Leave Peptides In A Legal Gray Zone

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    While the U.S. Food and Drug Administration has taken a concrete step forward on reclassifying certain peptides, the practical consequence of their interim status cannot be overstated — these substances are no longer designated as posing a significant safety risk, but they have not been affirmatively authorized for compounding, say attorneys at Sheppard.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • What Consent Decree Trends Mean For Deal Clearances

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    With merger remedies back on the table under the current administration, an analysis of recent Federal Trade Commission and U.S. Department of Justice consent decrees reveals that prior approval and prior notice provisions are no longer a foregone conclusion, and companies may be able to negotiate narrowly tailored obligations, say attorneys at Weil.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

  • How Reincorporating In Texas May Alter Earnout Disputes

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    While the DExit debate has focused on shareholder suits, far less attention has been paid to what reincorporating in Texas means for M&A disputes, making it particularly important to understand the nuances between Delaware and Texas earnout jurisprudence, say attorneys at Selendy Gay.

  • What To Know If DOL Raises Overtime Salary Floor

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    With the U.S. Department of Labor recently rescinding a 2024 rule that increased the minimum salary for the Fair Labor Standards Act's overtime exemptions, employers should assess how a future increase would affect their workforce, paying particular attention to job duties requirements and state laws, says James Coleman at Constangy.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • Structuring Space Nuclear Deals For Regulatory Risk

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    With the White House's recent focus on space nuclear power, a highly important question for companies that want to build orbital reactors, lunar surface systems or critical components is whether the transaction documents can handle foreign investment constraints, export controls and treaty-linked liability, says Kristie Blase at Frazer + Blase.

  • Proof, Not Just Timing, Will Decide Clean Energy Credits

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    For wind and solar projects that sprinted to begin construction before the accelerated placed-in-service deadline of July 4, project owners must now assemble and maintain documentation to qualify the project and defend against a potential clean energy credit audit, says Peter Lowy at Nelson Mullins.

  • Coordinating Life Sciences IP Strategies In The US And EU

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    As postgrant practice for life sciences patents is restructured in the U.S. and European Union simultaneously, patent owners will need to implement transatlantic coordination that treats international proceedings as components of a single intellectual property risk architecture, says Paul Calvo at Sterne Kessler.

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