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Public Policy

October 26, 2026
FCC Asked To Combine Study Areas For 4 Iowa Telecoms

Four Iowa local exchange carriers will be joined into one corporate entity, and they have asked the Federal Communications Commission to sign off of the combination of their coverage areas for purposes of federal aid.
October 26, 2026
Refugees Fight DHS Green Card Freeze, Termination Rule

Refugee advocacy organizations on Monday challenged the federal government's hold on processing refugees' green card applications and a rule allowing swifter revocation of refugee status, saying the Trump administration is departing from longstanding practice.
October 26, 2026
Ex-Prosecutors Start Group Targeting Corruption, ICE Abuses

A new group led by former federal prosecutors claims the rule of law "is on life support" because the Trump administration's U.S. Department of Justice has fallen down on the job, and said it will investigate alleged political corruption to build the cases the DOJ "would have brought in ordinary times."
October 26, 2026
Latham Adds California Privacy Agency's Enforcement Chief

Latham & Watkins LLP announced Monday that it has brought on the head of enforcement for California's Privacy Protection Agency, who previously steered numerous high-profile enforcement actions related to state consumer privacy laws, to bolster its privacy and cyber practice.
October 26, 2026
Judge Keeps Mont. Tribal River Water Rights Challenge Alive

A federal district judge says the Department of the Interior and the Blackfeet Tribe cannot dodge a challenge to a Milk River water-rights settlement, but is allowing the Montana Indigenous nation to formally join the case, saying a modification to the agreement would affect its already-guaranteed interests.
October 26, 2026
NBA Strikes Prediction Market Deals With CFTC, Platforms

The NBA announced partnerships with Kalshi and Polymarket on Monday alongside an agreement with the U.S. Commodity Futures Trading Commission to shield the integrity of its games as its ties to prediction market platforms deepen amid fierce legal battles.
October 26, 2026
Trump Plans To Nominate SC Governor's Counsel To Bench

President Donald Trump plans to nominate William Grayson Lambert, chief legal counsel for South Carolina Gov. Henry McMaster, for a judgeship on the District of South Carolina.
October 26, 2026
EU Privacy Board Urged To Confirm Limits On Tax Data Swaps

The European Data Protection Board should confirm that its guidelines limiting large-scale, systematic data transfers will continue applying to automatic exchanges of tax information despite wording that could suggest otherwise in draft European Union legislation, the leader of a group representing "accidental" U.S. citizens said Monday.
October 26, 2026
Federal Unions Urge Court To Scrap Arbitration Restrictions

Four federal employee unions urged a D.C. federal judge to overturn new restrictions on obtaining arbitration panels, arguing that a federal labor agency illegally abandoned its decades-old practice of honoring unions' requests without requiring their employers' consent.
October 26, 2026
Former Willkie Partner, Wife Owe $14.5M Tax Debt, Gov't Says

A former Willkie Farr & Gallagher LLP partner and his wife owe the U.S. more than $14.5 million in unpaid taxes, penalties and interest, according to a complaint filed in Manhattan federal court that seeks to enforce federal tax liens against their New York home to settle the debt.
October 26, 2026
Bank Surcharge Hike Could Raise £5.8B, Think Tank Says

The U.K.'s Labour government could raise £5.8 billion ($7.7 billion) by restoring the bank surcharge to 8% in the autumn budget, a think tank said Monday.
October 26, 2026
Catching Up With Delaware's Chancery Court

The Delaware Chancery Court last week approved a $250 million settlement of litigation over Microsoft Corp.'s acquisition of Activision Blizzard Inc., while Albertsons Cos. Inc. accused Kroger Co. of rejecting changes that could have saved their $24.6 billion merger and the Delaware Supreme Court ordered Verisk Analytics Inc. to keep pursuing a $2.35 billion acquisition.
October 26, 2026
Democrat For Alaska Senate Says DOJ Suit Threatens Election

Mary Peltola, the Democratic candidate for the U.S. Senate race in Alaska, is seeking dismissal of the U.S. Department of Justice's lawsuit claiming the presence of Dan J. Sullivan on the ballot will detract votes from Sen. Dan Sullivan.
October 26, 2026
Burns & Levinson Malpractice Claims Revived On Appeal

Massachusetts' intermediate-level appeals court Monday reinstated legal malpractice claims brought by a youth soccer league against defunct Boston law firm Burns & Levinson LLP alleging a firm partner failed to provide a heads-up about a federal visa fraud investigation.
October 26, 2026
8th Circ. Says Fed Must Rewrite Debit Swipe-Fee Cap

The Eighth Circuit on Monday struck down the Federal Reserve's regulatory cap on the swipe fees that larger banks may collect on debit-card transactions, handing a major victory to merchants that have long argued this cap was set too high.
October 26, 2026
Maurene Comey Illegally Fired, Entitled To Pay, Judge Holds

Former New York federal prosecutor Maurene Comey was unlawfully fired by President Donald Trump's administration, a federal judge in Manhattan held Monday, granting back pay and potentially legal fees to the daughter of former FBI Director James Comey.
October 23, 2026
9th Circ. Blocks Trump's Calif. National Guard Deployment

A split Ninth Circuit panel on Friday upheld a lower court's preliminary injunction blocking President Donald Trump's deployment of the California National Guard in Los Angeles last year, finding that the president didn't have the authority to order the deployment, which violated the constitutional separation of powers.
October 23, 2026
Ohio Justices Say Class Cert. Analysis Was 'Rigorous'

The Ohio Supreme Court held Thursday that a trial court did not err by examining all seven requirements for class certification in a suit alleging water ratepayers were overcharged, even though the judge found two were not met but assumed for the sake of argument that the other requirements were satisfied.
October 23, 2026
Feds Urged To Nix Bank Examiner Limits Over AI Cyber Risks

The Senate Banking Committee's top Democrat called Friday for federal banking regulators to scrap recent policies that raise the bar for issuing and escalating supervisory criticism at banks, warning they could obstruct oversight needed to stay ahead of rising artifical intelligence-enabled risks.
October 23, 2026
NetChoice Seeks To Halt Calif. Social Media Warning Law

Tech trade group NetChoice is pressing a California federal court to strike down a state law that will soon require social media platforms to display mental health warning labels, arguing that the mandate violates the "bedrock" constitutional prohibition on forcing services to "act as a mouthpiece" for the government.
October 23, 2026
HHS Seeks Judgment In Suit Over Childcare Rule Rollback

The U.S. Department of Health and Human Services has asked a Washington federal judge to rule in its favor in a labor union suit challenging a rule that repealed new family co-pay caps and other requirements enacted for a childcare funding program for low-income families.
October 23, 2026
ICE Says NY 'Hold Room' Order Makes Processing Undoable

U.S. Immigration and Customs Enforcement has asked a federal judge to pare down the requirements outlined in an order regarding conditions at a New York facility, arguing the court's definition of a "hold room" is too broad.
October 23, 2026
Senate Dem. Presses Tether Over Ties To Ex-White House Aide

U.S. Sen. Richard Blumenthal, the leading Democrat on the Senate's Subcommittee on Investigations, is demanding records and information from Tether about the stablecoin issuer's relationship with former White House crypto aide Bo Hines, who is now the CEO of Tether's U.S. division.
October 23, 2026
Colo. Justices Asked To Hear Challenge To Amendment 87

The man challenging the validity of signatures for a Colorado ballot initiative to raise taxes on the state's wealthiest residents appealed the dismissal of his lawsuit to the state's high court Thursday.
October 23, 2026
Trump Drops Lumber, Paper Products From 50% Canada Tariff

President Donald Trump on Friday exempted a number of goods — including plywood sheets, some paper products and certain machinery — from his 50% tariff on Canadian goods.

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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

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 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

WAIT FOR AUTHOR QUERY // 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.
New Calif. Law Ties Finance Contracts To State Licensing

Under a California law taking effect in 2028, commercial financing licensing requirements have been substantially expanded — meaning that fintechs relying on limited regulatory enforcement will face risk from their own borrowers, who could use licensing failures to resist repayment, say attorneys at Husch Blackwell.
3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.
How FCC Robocall Rules Reshape TCPA Opt-Out Compliance

The Federal Communications Commission's recent changes to its Telephone Consumer Protection Act rules may simplify how businesses process consumer opt outs for robocalls and robotexts, but they also introduce nuances to the opt-out process that may be challenging to operationalize, say attorneys at Hunton.
5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.
Managing Employer Risk Under Calif.'s No Robo Bosses Law

California's No Robo Bosses Act marks the state's first statutory limit on using artificial intelligence in employee discipline and termination decisions, creating exposure for employers through its corroboration and notice requirements, burden-shifting framework, and potential reach under the Private Attorneys General Act, say attorneys at Reed Smith.
IRS Rule May Put Private Schools' Exempt Status At Risk

In light of recently proposed Treasury regulations that would narrow the options for diversifying student communities, private schools should reexamine how race enters their admissions, financial aid and student programs or risk losing tax-exempt status, say attorneys at Atkinson Andelson.