Public Policy

  • May 16, 2025

    5th Circ. Reverses Intervention Denial For Border Wall Cos.

    A Texas federal judge erred when he refused to let several government contractors and the Sierra Club intervene in a lawsuit that blocked the use of border wall funding for anything other than new barrier construction, the Fifth Circuit ruled Thursday.

  • May 16, 2025

    23 States Win Order Halting Billions In HHS Public Health Cuts

    A Rhode Island federal judge on Friday barred the Trump administration from cutting off billions of dollars in funding to state public health programs, determining the abrupt grant terminations likely violated congressional authority over spending.

  • May 16, 2025

    Judge Blocks Energy Department's Cap On Research Costs

    A Boston federal judge blocked a U.S. Department of Energy policy capping research costs, saying the suit was "far from identical" to another case in which the U.S. Supreme Court rejected a challenge to education grant cuts.

  • May 16, 2025

    EEOC's Take On Trans Rights Conflicts With Law, Judge Says

    The U.S. Equal Employment Opportunity Commission exceeded its authority when it laid out its worker-friendly take on the U.S. Supreme Court's Bostock opinion, a Texas federal judge found, striking down parts of agency anti-harassment guidance that interpreted the landmark ruling's implications for gay and transgender workers.

  • May 16, 2025

    DC Circ. Orders Closer Look At FTC's $5B Meta Privacy Deal

    A D.C. Circuit panel ordered a lower court on Friday to take another look at the Federal Trade Commission's bid to modify a $5 billion privacy deal with Meta after the court found it lacked jurisdiction to review the changes the first time around.

  • May 16, 2025

    Ex-Labor Secretary Tom Perez Joins Mayer Brown In DC

    Tom Perez, a former secretary of labor and assistant U.S. attorney general in the U.S. Department of Justice's Civil Rights Division under President Barack Obama, has joined Mayer Brown LLP's public policy, regulatory and government affairs practice in Washington, D.C., the firm announced Friday.

  • May 15, 2025

    Each Justice's Key Comments At Universal Injunction Args

    U.S. Supreme Court justices conducted a searching inquiry Thursday regarding the Trump administration's quest to curtail sweeping injunctions against its agenda, sometimes sounding sympathetic but also wary of alternative remedies and the White House's willingness to accept any future courtroom losses.

  • May 15, 2025

    Judge Rescinds Refugee Order In Trump Shutdown Challenge

    A Washington federal judge on Thursday walked back an order instructing the Trump administration to admit thousands of refugees, saying the Ninth Circuit has further clarified its ruling allowing the federal government to largely proceed with the president's suspension of the refugee program pending a legal challenge.

  • May 15, 2025

    Jenner & Block, WilmerHale Call Out Revoked Clearances

    Jenner & Block LLP and WilmerHale have informed two D.C. federal judges that the government recently suspended some of their attorneys' security clearances, arguing that has thrown a wrench in the lawyers' ability to represent clients in cases and asking the courts to reverse the suspensions.

  • May 15, 2025

    CFPB Slashes Final Chopra-Era Fine From Over $2M To $45K

    The Consumer Financial Protection Bureau on Thursday slashed an enforcement fine for Wise, a global money transfer fintech, by nearly 98%, shaving almost $2 million off a previous settlement for misleading customers about its fees and other costs.

  • May 15, 2025

    DC Circ. Questions Exchanges' Challenge To SEC Fee Caps

    A D.C. Circuit panel expressed skepticism on Thursday of stock exchanges' arguments that the U.S. Securities and Exchange Commission exceeded its authority when it approved across-the-board caps on exchange fees tied to new rules aimed at reducing trading costs.

  • May 15, 2025

    Trump Media Pushes Presidential Immunity In Del. Hearing

    President Donald Trump's social media company on Thursday continued to urge the Delaware Chancery Court to, at a minimum, pause a lawsuit brought by investors alleging that the platform going public cheated them out of their shares, arguing that "the power to sue the president, is the power to destroy the presidency."

  • May 15, 2025

    TikTok's Friends Features 'Set Off Alarm Bells' At Facebook

    The head of Facebook echoed the testimony of other Meta Platforms Inc. executives who've described TikTok as their chief competitor on Thursday, pushing back against Federal Trade Commission monopolization claims by arguing in D.C. federal court that both social media giants have responded to competition from the other.

  • May 15, 2025

    Wis. Tribe Urges Army Corps To Reject Enbridge Line 5 Permit

    Members of a Wisconsin tribe are urging the U.S. Army Corps of Engineers to deny Enbridge Energy Inc. a permit that will allow it to reroute its Line 5 pipeline around and upstream its reservation, arguing that, if allowed, hundreds of downstream wetlands and streams would be polluted by the project.

  • May 15, 2025

    Ore. Tribe Looks To Redefine Columbia Basin Fishing Rights

    An Oregon tribe is asking a federal court to open up a decades-old case that reserved fishing rights for the state's Indigenous nations, arguing that it must redefine the nature and scope of its off-reservation rights in order to obtain a fair share of the Columbia Basin's resources.

  • May 15, 2025

    GOP Senators Say Gov't Should Ban Chinese Co.'s Routers

    More than a dozen Republican senators have come together to urge the U.S. Department of Commerce to block the sale of Chinese-owned router-maker TP-Link's products in the United States, citing their growing fears about Chinese-made technology being used for espionage.

  • May 15, 2025

    11th Circ. Urged Not To Rush Appeal Of Fla. Migrant Law Block

    Immigration organizations have told the Eleventh Circuit there is no need to expedite Florida's appeal of an injunction blocking a state law criminalizing the entry of unauthorized immigrants because the state has produced no practical reason to speed up the appeal.

  • May 15, 2025

    Live Nation's Atty Fails To 'Move The Needle' In Discovery Bid

    A California federal judge appeared likely Thursday to stick with his tentative ruling that Live Nation's ticketing rivals can protect documents they say could facilitate the very conduct at issue in an antitrust case, telling an attorney for the company his arguments did not "move the needle."

  • May 15, 2025

    Colo. Chief Sacked Firefighters Behind Union Drive, Suit Says

    Two former captains and a statewide union sued a Southwest Colorado fire district and its chief Thursday for allegedly stopping a union campaign in its tracks by retaliating against organizers, claiming the chief fired the captains after they organized a vote showing nearly three-quarters of workers backed unionization.

  • May 15, 2025

    Consumer Bid To Block Capital One-Discover Deal Falters

    A California federal judge Wednesday rejected a group of consumers' last-minute bid to delay Capital One Financial Corp.'s impending purchase of Discover Financial Services, unpersuaded that the deal poses serious enough potential antitrust concerns to support a preliminary injunction.

  • May 15, 2025

    Unions, Groups Seek Injunction To Block Gov't Restructuring

    A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.

  • May 15, 2025

    SEC, FINRA Staff Retract 2019 Statement On Crypto Custody

    U.S. Securities and Exchange Commission and Financial Industry Regulatory Authority staff on Thursday withdrew a joint statement from President Donald Trump's first term warning that existing consumer protection safeguards may not be effective or available for digital asset securities.

  • May 15, 2025

    Broadcasters, Wireless Biz Square Off Over 6 GHz Changes

    Big Tech is defending the Federal Communications Commission's move to open the 6 gigahertz band to unlicensed wireless devices, calling attacks from broadcasters "meritless" and saying they've been "debunked" numerous times already.

  • May 15, 2025

    Justices Wary Of Pausing Sweeping Injunctions In Birthright Case

    A majority of the U.S. Supreme Court seemed eager Thursday to limit lower courts' use of universal injunctions generally, but several justices voiced concerns about the effect such a ruling would have on lawsuits challenging the constitutionality of President Donald Trump's executive order that aims to limit birthright citizenship.

  • May 15, 2025

    Durbin Says White House Skirting Blue-Slip Process For Noms

    Sen. Dick Durbin, D-Ill., ranking member of the Senate Judiciary Committee, raised concerns Thursday that the White House is not fully complying with the practice of giving both home state senators a de facto veto over nominees for U.S. attorney and district judgeships.

Expert Analysis

  • Know The Rules And Costs Of New Fla. Condo Inspection Law

    Author Photo

    Following the first report deadline for a structural integrity law meant to prevent disasters like the 2021 Surfside collapse, Florida condominium associations and unit owners should understand the process of conducting compliant inspections and anticipate new assessments to fund required maintenance, say attorneys at Ball Janik.

  • Mass. AG Emerges As Key Player In Consumer Protection

    Author Photo

    Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.

  • SEC Confidential Review Process Provides Issuers Flexibility

    Author Photo

    The U.S. Securities and Exchange Commission's recently announced enhancements to the process for confidentially submitting draft registration statements will be immediately impactful for issuers seeking to access the public capital markets, and should provide more grounds to explore and plan public offerings, say attorneys at Lowenstein Sandler.

  • Series

    Birding Makes Me A Better Lawyer

    Author Photo

    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • What Pending FCPA Trials Suggest About DOJ Priorities

    Author Photo

    Following President Donald Trump's executive order in February instructing the U.S. Department of Justice to temporarily pause enforcement of the Foreign Corrupt Practices Act, developments surrounding five FCPA cases already set for trial provide a glimpse into how the DOJ is attempting to navigate the situation at hand, say attorneys at Covington.

  • Measuring And Mitigating Harm From Discriminatory Taxes

    Author Photo

    In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.

  • How Del. Law Rework Limits Corporate Records Requests

    Author Photo

    Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.

  • What Cos. Should Know About U.S. Minerals Executive Order

    Author Photo

    President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.

  • Inside State AGs' Arguments Defending The CFPB

    Author Photo

    Recent amicus briefs filed by a coalition of 23 attorneys general argue that the Trump administration's efforts to dismantle the Consumer Financial Protection Bureau will irreparably harm consumers in several key areas, making clear that states are preparing to fill in any enforcement gaps, say attorneys at Kelley Drye.

  • Alien Enemies Act Case Could Reshape Executive Power

    Author Photo

    President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.

  • HHS Directive Could Overhaul Food Ingredient Safety Rules

    Author Photo

    If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.

  • How The ESG Investing Rule Survived Loper Bright, For Now

    Author Photo

    A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

    Author Photo

    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • Issues To Watch At ABA's Antitrust Spring Meeting

    Author Photo

    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • Will Trump Order On Transgender Women In Sports Survive?

    Author Photo

    Attorneys at Venable consider whether President Donald Trump's executive order banning transgender women from women's sports will survive legal challenges, and if it does, how federal agencies will enforce it.

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.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!