Public Policy

July 22, 2025
Basel Exit Could Hurt US Influence, Experts Warn At Fed Event

Banking industry experts warned Tuesday that the U.S. risks undermining its global influence and keeping bank capital costs elevated if it doesn't implement some form of the so-called Basel III endgame, with one former Federal Reserve official likening the prospect of such a retreat to the "Peanuts" gag of Lucy yanking the football from Charlie Brown.
July 22, 2025
5th Circ. Asks If Fishery Council Guidance Was Ratified

A Fifth Circuit panel pushed multiple commercial fisheries to explain how the adoption of fishing limit recommendations from a council would not count as a ratification and clear constitutional hurdles, saying during oral arguments on Tuesday that the council in question seemingly made a "bottom up data recommendation."
July 22, 2025
GOP Senators Float Crypto Market Structure Discussion Draft

Republicans on the Senate Banking Committee on Tuesday circulated a discussion draft of their bill to regulate crypto markets building on the House's Clarity Act, which passed the lower chamber last week.
July 22, 2025
OCC Defends Ex-Wells Fargo Exec's $10M Fake Accounts Fine

The Office of the Comptroller of the Currency has urged the Eighth Circuit to uphold a $10 million penalty and industry ban against a former Wells Fargo risk executive for her role in the bank's fake accounts scandal, arguing her post-Jarkesy claims rest on a "fundamental misconception" of the Constitution.
July 22, 2025
After 8th Circ. Ruling, Hemp Co. Drops Suit Against SD Ban

A South Dakota hemp retailer has moved to voluntarily dismiss its federal lawsuit challenging the state's ban on the processing of hemp derivatives into intoxicating products, days after the Eighth Circuit upheld a similar Arkansas law.
July 22, 2025
Fed. Circ. Urged To Nix Motorola Fintiv Memo Withdrawal Fight

Stellar Inc. has urged the Federal Circuit to ignore Motorola's challenge to a decision by the U.S. Patent and Trademark Office's acting leader that shut down its attempt to invalidate various Stellar patents at the Patent Trial and Appeal Board.
July 22, 2025
DC Circ. Puts Fired FTC Dem's Restoration On Ice, For Now

One of the Federal Trade Commission Democrats who was removed from the agency before her term was up by the Trump administration will not be returning to her seat just yet after the D.C. Circuit agreed to put the order mandating her return to work on hold.
July 22, 2025
Bid Protest Experts Push For Focus On Data, Debriefings

Bid protest experts told lawmakers Tuesday that they should focus on collecting more data on the federal procurement process and expanding the use of enhanced post-award debriefing procedures to civilian agencies, rather than penalizing companies that file frivolous bid protests.
July 22, 2025
US Olympic Officials Ban Trans Women, Comply With Trump

The U.S. Olympic & Paralympic Committee has banned transgender women from competition in Olympic women's sports, adding a clause to its policy that otherwise protects athletes from abuse but now also complies with President Donald Trump's executive order.
July 22, 2025
Fair Use Carveout Applies To Med Device Repairs, Judge Says

A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedures Act were unpersuasive.
July 22, 2025
Power Cos., PJM Back FERC Auction Rerun Decision

Power producers and PJM Interconnection LLC told the D.C. Circuit Monday the Federal Energy Regulatory Commission was right to let PJM rerun an electricity capacity auction with an inflated reliability requirement after the Third Circuit ruled changes to it were retroactive ratemaking.
July 22, 2025
Pa. High Court Says Expunged DUI Still Counts As An Offense

Pennsylvania's highest court ruled Tuesday that the state can count a charge for driving under the influence that was expunged following a diversion program as a prior offense for the purpose of suspending a man's driver's license after he committed another DUI offense.
July 22, 2025
Feds Tell 9th Circ. Judge Misread Trump's Sanctuary Orders

The U.S. Department of Justice told the Ninth Circuit on Monday that a district court's injunction blocking the Trump administration from withholding federal funding to sanctuary jurisdictions like San Francisco rests on the court's misunderstanding of President Donald Trump's executive orders.
July 22, 2025
Divided 3rd Circ. Backs ICE Detention Contracts In NJ

A split Third Circuit panel on Tuesday backed a lower court's decision invalidating a New Jersey state law barring detention centers from contracting with U.S. Immigration and Customs Enforcement, ruling that the law directly regulates the federal government.
July 22, 2025
ND Fights Tribes' High Court Bid To Stay Voting Rights Order

North Dakota Secretary of State Michael Howe urged U.S. Supreme Court Justice Brett Kavanaugh to deny a bid by two North Dakota tribes to pause an Eighth Circuit decision that vacated their challenge to two state voting laws, arguing the tribes have not established a likelihood of reversal.
July 22, 2025
Humana Asks Texas Court To Void 2025 Medicare Ratings

Humana Inc. has asked a Texas court to vacate the Centers for Medicare & Medicaid Services' 2025 star ratings for certain Medicare plans, writing that the evaluation rules "are dizzyingly complex" and unfairly resulted in a lower rating for its plan.
July 22, 2025
Civil Rights Org. Backs 2nd Suit Over Tariffs, In Texas

The New Civil Liberties Alliance is representing two businesses and a trade association in Texas federal court in a suit filed on Monday against the federal government — the second suit the alliance has taken on to fight President Donald Trump's emergency tariffs.
July 22, 2025
Trump Announces Framework For Indonesia Trade Deal

Indonesian goods entering the U.S. will face a 19% tariff beginning Aug. 1 as U.S. exports will benefit from a series of tariff reductions and removal of certain trade barriers by Indonesia, according to new details President Donald Trump announced for a trade deal between the two countries Tuesday on Truth Social.
July 22, 2025
Mo. High Court Says Counties Can't Tax Pot In Certain Areas

Counties can't add their own taxes on sales of adult-use cannabis in incorporated areas such as cities that impose their own tax, Missouri's highest court said Tuesday, reversing a lower court decision that upheld the county taxes.
July 22, 2025
Ohio Justices Accept AG's Bid To Limit Care For Trans Youths

The Ohio Supreme Court on Tuesday agreed to review an appeals court's finding that portions of a state law restricting gender-affirming care for transgender youths are unconstitutional.
July 22, 2025
Discovery To Continue In Colo. Class Suit Over Seized Property

A Colorado federal judge on Tuesday ruled that discovery will continue in a proposed class action alleging the Colorado state treasurer unconstitutionally seized and sold their property, regardless of a pending motion to dismiss the case.
July 22, 2025
Amazon Pushes Back On FTC's Trial Time Extension Bid

Amazon has urged a Washington federal court to reject the Federal Trade Commission's bid to extend the agency's trial time in a lawsuit over automatically recurring Prime subscriptions, calling the proposal both unfair and baseless.
July 22, 2025
Quantum Wants FTC To Lift Order On $5.2B Natural Gas Deal

The Federal Trade Commission is asking for public feedback on a Quantum Energy Partners petition aiming to set aside a consent order the agency entered over a $5.2 billion deal that EQT Corp. struck with Quantum for oil and gas assets in Appalachia.
July 22, 2025
Lawmakers Consider Case Of Would-Be Donor's 'Signs Of Life'

The nation's organ transplant system is again under the microscope of federal lawmakers after a federal investigation found that a Kentucky organ procurement organization moved forward with the transplant process despite the patient showing "signs of life."
July 22, 2025
4th Circ. Lets End Of Afghan Protected Status Move Forward

The Fourth Circuit has lifted an administrative stay blocking the Trump administration's attempt to end Temporary Protected Status for Afghans and Cameroonians, allowing those efforts to move forward while the litigation proceeds.

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

A Look At Trump 2.0 Antitrust Enforcement So Far

The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
Reform Partly Modernizes Small Biz Stock Gains Exclusion

Changes to the Internal Revenue Code in the One Big Beautiful Bill Act update the qualified small business stock gains exclusion to reflect inflation, but the regime would be more in line with current business realities if Congress had also made the exemption available to additional business structures, says Mark Parthemer at Glenmede.
Breaking Down Novel Va. Social Media Law For Minors

While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
Lessons From Crackdown On Mexican Banks With Cartel Ties

Recent U.S. Treasury Department orders excluding three major Mexican financial institutions from the U.S. banking system for laundering drug cartel money and processing payments for fentanyl precursor chemicals offer guidance for companies in reviewing their procedures and controls to ensure they are not the next targets, say attorneys at Paul Weiss.
Litigation Inspiration: How To Respond After A Loss

Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
Tips For Cos. From California Climate Reporting FAQ

New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
FDA's Hasty Policymaking Approach Faces APA Challenges

Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
DOJ Crypto Enforcement Is Shifting To Target Willfulness

Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
Legal Considerations Around Ibogaine As Addiction Therapy

Recent funding approval in Texas pertaining to the use of ibogaine for the potential treatment of substance use disorders signals a growing openness to innovative addiction treatments, but also underscores the need for rigorous compliance with state and federal requirements and ethical research standards, say attorneys at Husch Blackwell.
Unpacking DOJ's Suit Against Maryland Federal Bench

Political hoopla aside, the Trump administration’s suit naming the Maryland federal district court and all of its judges, which challenges a standing order that delays deportation upon the filing of a habeas petition, raises valid questions about both the validity of the order and the DOJ’s approach, says Steven Gordon at Holland & Knight.
What Calif. Insurance Ruling Means For Smoke Damage Limits

As California continues to grapple with an increasing number of wildfire claims, a state court's recent Aliff v. California FAIR Plan decision serves as a clear directive to insurers that policy language that narrows the scope of fire coverage below the California Insurance Code's minimum standards is impermissible, say attorneys at Wood Smith.
Wash. Law Highlights Debate Over Unemployment For Strikers

A new Washington state law that will allow strikers to receive unemployment benefits during work stoppages raises questions about whether such laws subsidize disruptions to the economy or whether they are preempted by federal labor law, says Daniel Johns at Cozen O'Connor.
Why SEC Abandoned Microcap Convertible Debt Crackdown

The U.S. Securities and Exchange Commission has recently dismissed several cases targeting microcap convertible debt lenders, a significant disavowal of what was a controversial enforcement initiative under the Biden administration and a message that the new administration will focus on clear fraud, say attorneys at O'Melveny.
Justices' Resentencing Ruling Fortifies First Step Act Tools

The U.S. Supreme Court’s recent Hewitt v. U.S. ruling clarifies that resentencing after vacatur must reflect the law in effect at the time of the new sentencing, ultimately strengthening the strategic tools available to defense attorneys under the First Step Act, says Benson Varghese at Varghese Summersett.
The Metamorphosis Of The Major Questions Doctrine

The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.