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Public Policy

October 27, 2026
Calif. Tribe Says State Must Face Gaming Compact Challenge

A California tribe is fighting a bid by Gov. Gavin Newsom to dismiss its challenge to a Class III gaming compact, telling the court it has paid millions of dollars into four funds under the agreement and faces paying much more over the next 16 years.
October 27, 2026
Judge Halts Tree Removal, Says She Can't 'Disbelieve' Trump

A D.C. federal judge has ordered the federal government to stop all tree removal at East Potomac Golf Course and to give the court notice before making irreparable changes to its surrounding park, saying she couldn't "disbelieve the president's clear, repeated statements" that a major overhaul would begin soon.
October 27, 2026
NC Health Plan, Atrium Settle Spat Over Cost-Sharing Program

The North Carolina state health plan said on Tuesday that it will add Atrium Health to its list of in-network providers next year after a public showdown over the nonprofit health system's exclusion from the plan's new preferred provider program.
October 27, 2026
Immigrants Seek Class Cert. Over ICE Property Seizures

A group of immigrants asked a D.C. federal judge to certify a nationwide class of detainees whose personal property was not returned upon their release, arguing the practice violates their right against unreasonable government searches and seizures.
October 27, 2026
Work With Providers To Stop Copper Theft, Think Tank Says

Lawmakers need to develop partnerships with communications providers to investigate rampant copper wire theft and not just impose "heavy-handed" requirements on businesses, a think tank said.
October 27, 2026
Weil Loses 2 Regulatory Partners To Skadden In NY, DC

Skadden Arps Slate Meagher & Flom LLP announced Tuesday it has hired two attorneys from Weil Gotshal & Manges LLP, as partner exits from that firm continue in the days following news of failed merger discussions with Willkie Farr & Gallagher LLP.
October 27, 2026
AGs Sue To Block Treasury Rule Ending Shell Co. Reporting

Nearly two dozen states sued the Trump administration Tuesday over its rollback of ownership reporting requirements for corporate entities, arguing the move constitutes an illegal, unilateral repeal of an anti-financial crime law that Congress enacted.
October 27, 2026
Judge Pauses Rule Speeding Up Refugee Status Terminations

A Massachusetts federal judge on Tuesday temporarily halted a U.S. Department of Homeland Security rule that speeds up the process for revoking refugee status, after advocacy groups said the rule does not give refugees enough time to defend themselves.
October 27, 2026
Federal Defenders Can't Get Freeze On Detainee Transfers

A Georgia federal judge declined to block the transfer of hundreds of federal pretrial detainees to a facility roughly 200 miles from Atlanta's federal courthouse, calling defense lawyers' argument that their clients' constitutional rights were being violated premature.
October 27, 2026
Sinclair Pushes FCC To Adopt Next-Gen TV Standard

TV station chain Sinclair has urged the Federal Communications Commission to advance a proposal that would accelerate the transition to ATSC 3.0, the next-generation TV standard.
October 27, 2026
NM Tribes Raise Religious Harm Fears Over Eagle Permit

The Pueblo of Santa Clara and Pueblo of Zia are looking to block the federal government from issuing a special use permit to allow a fellow New Mexico tribe to take a bald or golden eagle from within the Valles Caldera National Preserve, alleging it will burden their religious exercise.
October 27, 2026
Commerce Orders Major Duties On Chinese Van-Type Trailers

Van-type trailers and their subassemblies imported to the U.S. from China are subject to triple-digit countervailing and antidumping duties, the U.S. Department of Commerce ordered Tuesday.
October 27, 2026
Tyler Tech. To Pay $1.5M To Settle NC ECourts Class Action

Attorneys for a proposed class that alleged glitches in North Carolina's electronic court system led to scores of individuals being wrongfully arrested or detained asked a federal court on Monday to approve a $1.5 million settlement with the software's developer Tyler Technologies.
October 26, 2026
Google Says DOJ Overreaching With Proposed Antitrust Fixes

Google has told a D.C. federal court that the U.S. Department of Justice and state enforcers are trying to force it into unreasonable antitrust measures that go beyond what the court imagined when it handed down its remedies order in the monopolization suit.
October 26, 2026
Feds Say States Lack Standing To Sue Over HHS Vax Overhaul

The Trump administration is again asking a California federal judge to toss a coalition of states' lawsuit challenging its decision to cut vaccine recommendations for children, arguing that the states cannot show harm that gives them standing to sue.
October 26, 2026
Kalshi Sues Louisiana Over 'Threat' To Its Sports Contracts

Kalshi filed preemptive litigation against Louisiana state officials and entities saying their actions and statements deeming prediction market activities unlicensed gambling means it's facing "a threat of irreparable harm, leaving [it] with no choice to protect its commercial interests and those of its users except to bring this suit."
October 26, 2026
Conn. Justice Insists PTSD A 'Physical' Injury In Comp Case

A Connecticut Supreme Court justice told counsel for the town of East Hartford on Monday that post-traumatic stress disorder is a physical injury, even though it is not observable with X-rays and other medical detection methods, and it is "nonsense" to suggest otherwise amid workers' compensation litigation.
October 26, 2026
Colo. AI Rules Face Calls For Longer Compliance Window

Business groups across the tech, banking and other industries pushed Colorado's attorney general Monday to revisit his proposed rules for the use of artificial intelligence to make consequential decisions and to fuel chatbots in order to address concerns such as their potential conflict with existing laws and the tight window for implementation.
October 26, 2026
DOJ Says US Can Ax NAACP Suit Over X.AI Pollution

The federal government continued to argue that it can dismiss a NAACP citizen suit alleging X.AI Corp. unlawfully installed dozens of polluting gas turbines to power a data center days after a Mississippi federal judge found no support for such an assertion.
October 26, 2026
Wash. Foster Home Abuse Claims Not Covered, Insurer Says

A boys group home operator isn't entitled to coverage for claims stemming from abuse alleged by former residents of the Washington state facility, an insurer told a federal court, saying the facility is not listed under an endorsement that restricts bodily injury coverage to specific locations.
October 26, 2026
Tribal Legal Group Sues To Halt Calif. Archives' Shutdown

California Indian Legal Services is asking a district court to block the federal government's planned closure of a national archives facility in San Bruno that will relocate Indigenous records so they can be digitized and rehoused, arguing that its clients and tribes have relied on the site for more than 50 years.
October 26, 2026
South Carolina AG Backs FCC's Prison Phone Jamming Plan

South Carolina's attorney general wrote to the chief of the Federal Communications Commission to support a proposal that would allow prisons to jam the signals of contraband cellphones.
October 26, 2026
Mozambicans Can Stay Anonymous In $4.7B Ex-Im LNG Fight

A group of Mozambicans can use pseudonyms in their challenge of a $4.7 billion Export-Import Bank of the U.S. loan to a natural gas project in Mozambique, a D.C. federal judge ruled, granting them protection they say they need from violent government retaliation.
October 26, 2026
11th Circ. Nixes Challenge To Ga. Campaign Finance Law

The Eleventh Circuit on Monday shut down a political action committee's lawsuit alleging a state campaign finance law unlawfully favored a rival to its preferred gubernatorial candidate, Georgia Secretary of State Brad Raffensperger, concluding that the end of Raffensperger's campaign nullified the case.
October 26, 2026
Immigrant Detainees Say ICE Is Defying Clean Facility Order

A certified class of detainees held in a U.S. Immigration and Customs Enforcement facility in the Mojave Desert asked a California federal court again to enforce its preliminary injunction requiring humane conditions and independent monitoring.

Editor's Picks

Trump's Legal Battles

States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.

Expert Analysis

DOJ Directive Gives Contractors A Fraud Risk Road Map

For government contractors, the 10 factors described in the U.S. Department of Justice's recent corporate fraud enforcement directive functions as a de facto scoring rubric for internal audits that mirrors what prosecutors will prioritize, say attorneys at Spencer Fane.
Key Risk Assessment Gaps To Note From NY Cyber Guidance

Covered entities should take a fresh look at the compliance gaps flagged in recent New York State Department of Financial Services guidance on "deficient cybersecurity programs," particularly around scope, asset inventories and documentation, say attorneys at Mayer Brown.
Tort Liability When AI Goes Rogue: Strict Liability

If artificial intelligence agents misbehave in unpredictable ways, and no reasonable precaution can prevent resulting harms, then a negligence regime may not provide sufficient remedy, and strict liability might be adapted to cover agents' misconduct — but the common notion of strict liability fits this situation imperfectly, says Donald Hawthorne at Carter Ledyard.
Where SEC's Transfer Agent Plan Would Change Compliance

The U.S. Securities and Exchange Commission’s recent proposal to update the federal regulatory framework for transfer agents would comprehensively modernize the old task-specific regime by centering speed, operational resilience, compliance governance and technology-neutral recordkeeping, say attorneys at Morgan Lewis.
Open Issues After 2nd Circ.'s Airport Phone Search Ruling

While the Second Circuit’s recent U.S. v. Alisigwe decision confirms border agents' broad authority to conduct routine manual cellphone searches at ports of entry, significant questions remain about more wide-ranging forensic searches at the border, say attorneys at Baker Botts.
FTC's Changing Model Raises Questions About Its Mission

Federal Trade Commission leaders have recently sketched a vision of an agency that continues an enforcement role distinct from the U.S. Department of Justice's, even as a shift toward greater presidential control makes enforcement more responsive to changes in administrations, say attorneys at Wiley.
2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.
The Future Of PCAOB Enforcement After Post-Jarkesy Win

While the Public Company Accounting Oversight Board recently defeated procedural and structural challenges to its enforcement program in D.C. federal court, it's unclear what claims and sanctions the PCAOB can bring against respondents — and whether it's interested in instituting disciplinary proceedings generally, says Mike Plotnick at King & Spalding.
Tort Liability When AI Goes Rogue: Negligence Theory

If reasonable care in the use of artificial intelligence agents cannot eliminate the risk of third-party harm, then AI companies and users of AI agents must consider whether negligence theory provides an adequate framework for assessing harm caused by agents that go rogue, says Donald Hawthorne at Carter Ledyard.
DC Circ. Ruling Clarifies Standards For Buy America Waivers

The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.
How Senate-Passed Bill May Reshape NCAA Antitrust Liability

With the U.S. Senate's recent passage of the Protect College Sports Act, practitioners should not wait for the U.S. House of Representatives' approval to prepare for shifts in potential antitrust protections, compensation, media rights deals and conference mergers, say attorneys at Norton Rose.
Uniting BSA, Sanctions Compliance As Treasury Targets Iran

The past 18 months of Treasury Department policies demonstrate expectations that financial institutions not merely obey sanctions against Iran, but also help expose how it moves money, making it essential that banks eliminate silos between their Bank Secrecy Act and sanctions compliance teams for an integrated response, says Jonathan Harrington at Bradley Arant.
Digging Into Dems' Letter On Subpoena Secrecy Demands

Lawmakers’ recent letter arguing that federal agencies’ use of boilerplate nondisclosure language in subpoenas pressures recipients into silence may lead to a significant overhaul of the current framework, but in the meantime, companies should review their rights and options, say attorneys at Crowell & Moring.
How Bank Lobby's Suit Tests OCC's Crypto Charter Powers

The Independent Community Bankers of America’s recent lawsuit challenging the Office of the Comptroller of the Currency’s ability to charter cryptocurrency companies marks another chapter in the struggle over the appropriate regulatory framework for digital assets, while raising a classic administrative law question at its most basic level, say attorneys at Ballard Spahr.
4 Steps For Cos. Amid Russia Sanctions Law Uncertainty

Russian companies, their U.S. subsidiaries and businesses with Russian commercial relationships should take concrete steps to determine their exposure under ambiguous provisions of legislation that recently expanded the scope of U.S. sanctions, notwithstanding an Oct. 16 executive order waiving most of its restrictions, say attorneys at Wilk Auslander.