Public Policy

  • August 12, 2026

    NJ Justices See No Mental State Tie To Daniel's Law Damages

    The New Jersey Supreme Court held Wednesday that there is no mental state required for damages to be established under the state's judicial privacy law, answering a question that the Third Circuit said could help the federal appeals court determine the law's constitutionality.

  • August 11, 2026

    CFTC Moves To Shield Kalshi From NY Lawsuit

    The U.S. Commodity Futures Trading Commission issued an emergency order Tuesday evening telling Kalshi that, even if the state of New York wins a restraining order preventing the prediction market platform from offering event contracts, it should continue business as usual.

  • August 11, 2026

    X.AI Says Suit Against Mother Of Musk's Child Should Go On

    X.AI LLC asked a Texas federal court Monday to keep intact a lawsuit against the mother of one of Elon Musk's children, saying Ashley St. Clair violated the terms of service she signed when she sued the company in New York federal court and that the lawsuit belongs in Texas.

  • August 11, 2026

    Immigration Atty Seeks To Nix Ex-Clients' RICO Fraud Claims

    An immigration attorney who forfeited her Washington state license is seeking to narrow ex-clients' lawsuit accusing her of falsely promising to perform miracles for them and mishandling their cases, arguing the plaintiffs have recast legal malpractice allegations as a "sprawling racketeering enterprise."

  • August 11, 2026

    Corteva Gets More Counterclaims Tossed In Seed Patent Suit

    A federal judge dismissed two more counterclaims from plant breeding startup Inari Agriculture Inc. in the company's patent dispute with Corteva Agriscience LLC.

  • August 11, 2026

    Texas Firm Withdraws From Consideration Of Grant To Rep Migrant Kids

    A Texas law firm has withdrawn from consideration for a $150 million award from the U.S. Department of Health and Human Services to provide legal services to unaccompanied migrant children in government custody.

  • August 11, 2026

    7th Circ. Says Ind. Railroad Can't Levy Fees For Telecom Lines

    Indiana railroad easements don't give rail companies the right to charge for access to the air above them or the ground below them, the Seventh Circuit has ruled in an opinion that means telecoms that installed fiber cables under a CSX Transportation easement won't be paying licensing fees.

  • August 11, 2026

    Split 11th Circ. Upholds FRA's Train Crew Size Rule

    A divided Eleventh Circuit panel on Tuesday upheld the Federal Railroad Administration's two-person train crew rule, saying the agency reasonably justified the safety rationale for the rule and rejecting the rail industry's claims of government overreach.

  • August 11, 2026

    ICE Officer Says Minn. Can't Immunize Assault Witnesses

    A U.S. Immigration and Customs Enforcement agent charged with brandishing a gun at people in another car urged a Minnesota federal judge to deny immunity to his two alleged victims, saying state prosecutors bringing the case lack the authority to request use immunity for witnesses.

  • August 11, 2026

    FinCEN Permanently Rolls Back CTA Reporting Requirement

    The U.S. Department of the Treasury's financial crimes unit on Tuesday issued a final rule permanently narrowing reporting regulations under the Corporate Transparency Act, enshrining a regulatory rollback that exempts domestic shell companies from reporting their beneficial ownership information.

  • August 11, 2026

    5th Circ. Douses Biden-Era Gas Stove Efficiency Regs

    A Fifth Circuit panel castigated the U.S. Department of Energy for pushing through energy standards for stoves and cooktops while failing to follow proper rulemaking procedures, saying the rule was part of the Biden administration's attempts to "make home appliances more expensive and less useful."

  • August 11, 2026

    DC Circ. Erases Stay Of Feds' Parolee Quick-Removal Policy

    The D.C. Circuit on Tuesday vacated a district court's nationwide stay of the Trump administration's policy of subjecting noncitizens paroled into the country to expedited removal, noting the plaintiffs didn't seek to stay the federal regulation allowing that practice.

  • August 11, 2026

    FCC Revokes Odyssey's Drone Authorization

    The Federal Communications Commission revoked Odyssey Robot LLC's equipment authorization for a drone and its remote controller, citing allegedly false claims by the company that its products were made in the U.S.

  • August 11, 2026

    Judge Blocks Postal Service From Changing Mail Voting Rules

    A Massachusetts federal judge on Tuesday blocked the U.S. Postal Service from implementing new rules restricting mail ballot voting ahead of the midterm elections, building on an earlier decision that only applied to certain U.S. states.

  • August 11, 2026

    Colo. Panel Mulls Insurer's Bid To Reverse $170M Verdict

    A subsidiary of Berkshire Hathaway Inc. urged the Colorado Court of Appeals on Tuesday to reverse a nearly $170 million jury award for a Colorado worker who sustained a "catastrophic" brain injury on the job, arguing that the trial court failed to properly instruct the jury on physical impairment damages.

  • August 11, 2026

    RealPage Points To 2nd Circ. Ruling In NY Pricing Law Case

    RealPage told a New York district court that a recent Second Circuit ruling backs up its challenge to a state law prohibiting landlords from using software to set residential rental rates, because the appeals court found that a New York City law requiring delivery apps to share customer data with restaurants went too far.

  • August 11, 2026

    USPTO Simplifies Entry To Patent Bar For Biomedical Grads

    The U.S. Patent and Trademark Office published guidance Tuesday that elevates biomedical science degrees to a list of degrees that earn a person eligibility to take the patent bar exam, saying the move will help with "expanding the admission criteria of the patent bar."

  • August 11, 2026

    Court Tosses Most Claims In Minn. Title IX Trans Athlete Fight

    A federal court has dismissed much of Minnesota's lawsuit challenging the Trump administration's findings that the state's trans student-athlete and bathroom policies violate the administration's Title IX interpretation, preserving a single claim challenging the administration's corresponding grant conditions.

  • August 11, 2026

    IP Notebook: 'Iceman' Logjam, Gemini Fight, Stealth Bot Bill

    A crowded trademark race over the "Iceman" nickname and a clash over Google's efforts to expand its Gemini AI brand top this edition of Law360's look at emerging copyright and trademark issues.

  • August 11, 2026

    9th Circ. Blocks Hawaii Gun Rule Following High Court Ruling

    The Ninth Circuit has stopped Hawaii from enforcing portions of a gun law that banned firearms on private property without the property owner's consent, after the U.S. Supreme Court held a gun rights group and three state residents were likely to succeed in their lawsuit challenging that component of the law.

  • August 11, 2026

    Feds Settle American Airlines Claims Over DC Midair Collision

    American Airlines and its regional affiliate PSA Airlines have settled their cross-claims seeking to have the federal government share the costs or indemnify them for any potential judgment or damages in litigation over the deadly January 2025 midair collision over Washington, D.C.

  • August 11, 2026

    9th Circ. Would Lose 5 States In Latest Reorganization Bid

    Republicans are once again trying to break up the U.S. Court of Appeals for the Ninth Circuit, which has long been dominated by judges appointed by Democratic presidents.

  • August 11, 2026

    FCC Again Weighs Carrier Status For Tribal Utility

    The Federal Communications Commission is again thinking about designating a telecom owned by the Cheyenne River Sioux Tribe an eligible telecommunications carrier, which would open the door for the company to receive federal telecom aid.

  • August 11, 2026

    Mich. County Urges Panel To Clarify FOIA Duties

    Wayne County, Michigan, asked a state appeals court Tuesday to determine whether separate offices within the same county must each respond to duplicate public records requests, arguing multiple responses could unnecessarily expose taxpayers to attorney fees and costs.

  • August 11, 2026

    Domino's Franchisee, IRS Near Deal In Penalty Dispute

    A Domino's Pizza franchisee and the federal government have mostly agreed in principle on a deal to settle the franchisee's suit alleging the IRS owes it $1.6 million in tax refunds for penalties related to failures to report its employee health coverage plan, the company told a Hawaii federal magistrate judge.

Expert Analysis

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 3 Ways Tokenization Is Moving To Traditional Finance

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    Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • Opinion

    States Should Reconsider Forced PBM Divestiture Laws

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    State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

  • HSR Deals Proceed More Steadily Than Narratives Suggest

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    The most recent Hart-Scott-Rodino Act data show that transaction volume remained relatively stable, transaction values continued to increase and enforcement activity remained low, suggesting that enforcement rates have been relatively consistent across presidential administrations despite widely differing public rhetoric regarding merger enforcement, says Amanda Wait at Michael Best.

  • Assessing The Benefits Of Fla.'s Newest Business Structure

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    As of July 1, Florida business owners can create protected series LLCs to shield assets from liability while avoiding increased costs and wasted time, but burdensome recordkeeping obligations are crucial to maintaining the very protection that makes them attractive in the first place, says Gregory Ritter at Moritt Hock.

  • Key Post-Proposal Shifts Likely In CFPB Loss Mitigation Rule

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    Mortgage servicers, borrowers and consumer advocates should prepare for a likely narrowed version of the Consumer Financial Protection Bureau's loss mitigation rule, which is likely to permit sequential reviews, defer to investor guidelines, extend compliance timelines and preempt conflicting state standards, say attorneys at Goodwin.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Noncompete Laws Show States Focusing On Bans, Healthcare

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    The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

  • What's Inside Proposed, Expanded NY Stablecoin Regulations

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    New York's recently proposed regulations for payment stablecoin issuers would, if adopted, increase the regulatory burdens of a state license, and midsize issuers considering a conversion to a federal charter should weigh the associated costs of both options, say attorneys at Lowenstein Sandler.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • What Corporate Counsel Can Learn From OpenAI Test Breach

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    The significance of the recent artificial intelligence testing breach involving OpenAI and Hugging Face lies in what it reveals about the path of AI’s evolution, because legal professionals must translate that trajectory into actionable governance, contractual and advisory frameworks, says Jason Mueller at Vorys.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

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