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Public Policy
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October 16, 2025
Venezuelans Seek Path To Contest Alien Enemies Act Labels
Attorneys for Venezuelans flown on U.S. government flights to El Salvador and then transferred from the CECOT prison there to Venezuela have renewed their motion for a preliminary injunction that would order the government to provide them with an avenue to challenge their Alien Enemies Act designations.
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October 16, 2025
Fla. Asks Justices To Halt Calif., Wash. Truck Licensing Lapses
Florida has taken steps to sue California and Washington in the U.S. Supreme Court, alleging the Democratic-led states have flouted federal law by allowing unauthorized immigrants to obtain commercial drivers licenses to haul big rigs cross-country, endangering motorists and causing "mayhem" on roadways.
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October 16, 2025
4th Circ. Says No Recourse For Men Imprisoned Extra Year
The Fourth Circuit said there could be no recourse in federal court for two inmates who spent an extra year in prison because of Virginia Attorney General Jason Miyares' incorrect interpretation of a state law that granted the men enough credits for good behavior to be released in 2022.
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October 16, 2025
Judge Shields Migrants From ICE After Courthouse Arrests
A California federal judge on Thursday barred U.S. Immigration and Customs Enforcement from detaining two asylum-seeking mothers without notice and a hearing, ruling the agency's courthouse arrest tactics likely violate due process.
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October 16, 2025
Mass. Seasonal Community Leaders Plug Real Estate Tax Bills
Massachusetts locations designated as seasonal communities would have new revenue options, including a local-option real estate transfer tax, to fund affordable housing efforts under legislation pitched by local leaders to a legislative panel.
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October 16, 2025
Ex-Trump Aide Bolton Indicted Over Classified Info Handling
John Bolton, the former national security adviser to President Donald Trump, was indicted Thursday by a Maryland federal grand jury on charges related to the handling of classified information.
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October 16, 2025
High Court's FCC Broadcast Rulings Criticized As 'Outdated'
A think tank called for overturning two U.S. Supreme Court rulings from decades ago that gave the Federal Communications Commission authority to regulate broadcast speech, saying the decisions don't match the realities of today's economy.
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October 16, 2025
States Battle Trump Admin To Recover Solar Program Funds
Attorneys general from across the country are suing the Trump administration for allegedly violating the Constitution and federal law by canceling a $7 billion program providing solar equipment to low-income households.
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October 16, 2025
Ga. Agencies Seek Toss Of Mom's Child Support Policy Suit
Three state agencies sued by a Georgia mother over an allegedly unconstitutional child support policy asked a federal judge to dismiss the suit, arguing it is barred by the Eleventh Amendment and the doctrine of sovereign immunity.
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October 16, 2025
Fed's Barr Calls For Rules To Plug 'Gaps' In Stablecoin Bill
Federal Reserve Board Governor Michael Barr said Thursday that the success of the recently passed legislative framework for stablecoins is dependent on federal banking agencies and state regulators coordinating to "fill in important gaps" that could threaten consumer protection and the stability of the banking system.
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October 16, 2025
Judge Rejects Bid To DQ Wash. Atty In Her County Bias Suit
A Seattle federal judge won't bar an attorney from representing herself in a racial discrimination lawsuit accusing a Washington county of sidelining her from hearing certain cases during her tenure as a part-time judge, rejecting the defense's claims of a conflict of interest.
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October 16, 2025
Justices Urged To Hear Mich. Tax Foreclosure Case
A property owner has asked the U.S. Supreme Court to weigh in on her case alleging a Michigan county improperly kept the excess proceeds of her tax-foreclosed home sale, arguing the justices should settle a conflict among circuits and calling the state's process to claim such proceeds too restrictive.
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October 16, 2025
NLRB Says Fed. Law Preempts Calif.'s Labor Board Fill-In Law
The National Labor Relations Board claimed that newly enacted legislation to expand California's state labor board's powers was preempted by the National Labor Relations Act, in a complaint filed in California federal court.
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October 16, 2025
Many NY Trial Judges Elevated In Secret, Report Finds
Hundreds of New York state judges are permanently elevated to top trial courts via a secretive appointment process, according to a report released Thursday.
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October 16, 2025
Trump Taps V&E's Swett As New FERC Chair
President Donald Trump will appoint Vinson & Elkins LLP energy regulatory counsel Laura Swett as chair of the Federal Energy Regulatory Commission, the White House confirmed to Law360 Thursday.
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October 16, 2025
Ex-Paralegal Says She Was Scapegoat For NC City Atty
A former paralegal in a North Carolina city attorney's office said she was falsely accused of misusing city resources on her boss's behalf and was not given a fair shot to clear her name, which has allegedly damaged her reputation and made it difficult to find a new job.
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October 16, 2025
Mass. Board Reduces Condo Value For Its Street Proximity
A Massachusetts condominium unit with a desirable view was overvalued by a local assessor, a state panel said, agreeing with the owner that its location close to a street was a detriment to its value.
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October 16, 2025
Mass. Tax Board Reduces Condo's Fair Cash Value
A Massachusetts condominium's value should be lowered because the trust that owns the property proved that the property was less updated and smaller compared with similar properties, the state tax board ruled.
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October 16, 2025
Firm's Case Against GILTI Regs Can Proceed, DC Judge Says
An Israeli law firm's suit alleging that U.S. Department of the Treasury regulations regarding overseas income create disproportionate burdens for small entities may continue, a D.C. federal judge said, though dismissing a parallel claim brought by an individual attorney.
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October 16, 2025
Ill. Judge Tosses Law Firm's $36M Pandemic Loan Fraud Suit
An Illinois federal judge dismissed a Michigan law firm's $36 million whistleblower suit against dozens of automotive dealerships, ruling that the information underpinning its claims of pandemic loan fraud was already publicly available.
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October 16, 2025
US Attorney Nominations For Missouri And Indiana Advance
The Senate Judiciary Committee voted to approve, along party lines, two U.S. attorney nominees for Missouri and Indiana on Thursday.
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October 15, 2025
Vought Aims To Close CFPB Within '2 Or 3 Months'
White House budget chief Russell Vought said Wednesday that he wants to shutter the Consumer Financial Protection Bureau and expects to succeed in the next few months, despite the Trump administration's claims in court that the agency is just being downsized.
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October 15, 2025
Top Del. Judge Details Views On Willful Infringement Issues
A lawsuit cannot provide an accused infringer with the notice needed for a patent owner to allege indirect and willful infringement, and enhanced infringement demands aren't subject to dismissal motions, Delaware's top judge has ruled.
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October 15, 2025
OCC Conditionally OKs Palmer Luckey's Thiel-Backed Bank
The Office of the Comptroller of the Currency on Wednesday gave its initial green light to a new virtual currency-focused national bank backed by tech entrepreneurs Peter Thiel and Palmer Luckey, marking the first such approval for a new bank since Jonathan Gould was sworn in as Comptroller in July.
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October 15, 2025
Patent Examiners Facing Productivity Push, Higher Standards
Officials at the U.S. Patent and Trademark Office on Wednesday detailed changes to patent examiners' performance requirements, outlining increased productivity goals, heightened supervisory scrutiny, and more strenuous evaluation standards for the examiner corps.
Expert Analysis
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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A Look At 2 Reinvigorated DOL Compliance Programs
As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.
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Opinion
Congress Must Resolve PSLRA Issue For Section 11 Litigants
By establishing a uniform judgment reduction credit for all defendants in cases involving Section 11 of the Securities Act, Congress could remove unnecessary statutory ambiguity from the Private Securities Litigation Reform Act and enable litigants to price potential settlements with greater certainty, say attorneys at Sidley.
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Stablecoin Committee Promotes Uniformity But May Fall Short
While the Genius Act's establishment of the Stablecoin Certification Review Committee will provide private stablecoin issuers with more consistent standards, fragmentation remains due to the disparate regulatory approaches taken by different states, say attorneys at Morgan Lewis.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Parsing Trump Admin's First 6 Months Of SEC Enforcement
The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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The Consequences Of OCC's Pivot On Disparate Impact
The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.
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FDA Transparency Plans Raise Investor Disclosure Red Flags
The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.
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Rising USCIS Denials May Signal Reverse On Signature Policy
Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits
A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.