Public Policy

June 23, 2025
FTC Tells Court Not To Pause Meta's Privacy Order Challenge

The Federal Trade Commission is pushing back on Meta's request to stay the company's constitutional challenge to the commission's bid to bar the Facebook parent from monetizing children's data for 90 days, saying Meta has done nothing to show it could be harmed by continuing the case.
June 23, 2025
Permit Delays Out Of Hand, Telecom Biz Tells Interior Dept.

Telecom providers are still having a tough time getting federal permits approved for broadband projects, with the Bureau of Land Management causing severe delays, the industry's main trade group told the U.S. Department of the Interior.
June 23, 2025
Media Matters Sues FTC Over 'Retaliatory' Probe

Media Matters filed a lawsuit against the Federal Trade Commission in D.C. federal court on Monday, asking a judge to shut down the agency's "retaliatory" investigation into the left-leaning media watchdog's reporting on Elon Musk's social media platform X, formerly Twitter.
June 23, 2025
Fed Joins Peers In Axing Reputational Risk As Exam Factor

The Federal Reserve Board on Monday became the latest regulator to announce that it will no longer consider reputational risk in its examination programs for the supervision of banks.
June 23, 2025
Google Foes Try To Hold Co. To DOJ's Ad Tech Win

Website publishers, advertisers and others asked a New York federal court to all but seal Google's fate in their multidistrict litigation targeting the company's advertising placement technology business by holding it to the liability findings against the search giant previously won by the U.S. Department of Justice.
June 23, 2025
High Court's Ruling Against Texas Could Tank FCC Wi-Fi Case

As the Federal Communications Commission faces a Fifth Circuit challenge to its plan to fund school bus Wi-Fi, the appeals court is weighing how a U.S. Supreme Court ruling last week against Texas in a nuclear waste case impacts its jurisdiction.
June 23, 2025
Amazon Sanctioned For Hidden Discovery

A Washington federal judge sanctioned Amazon.com Monday by limiting its use of company documents produced during discovery while giving the Federal Trade Commission more time for discovery, siding with the FTC's allegations that the online retail giant improperly claimed privilege over tens of thousands of documents in the Prime "dark patterns" lawsuit.
June 23, 2025
DOJ Sues Wash. Over New Abuse Reporting Rule For Clergy

The U.S. Department of Justice on Monday moved to join the Catholic Church's constitutional challenge of a Washington state law making clergy members mandatory reporters of suspected child abuse, saying the requirement violates priests' right to freely exercise religion by forcing them to disclose information shared during Confession.
June 23, 2025
NY Tribe Says Feds Ignore Public Health In Sanitation Fight

The Saint Regis Mohawk Tribe has asked a New York federal court to order the Indian Health Service to turn over its authority to maintain sanitation facilities to the tribe, arguing that part of the IHS's public health mission is to ensure clean water and functioning sewage systems.
June 23, 2025
Okla. Court Says Race Theory Law Excludes College Classes

A group of civil rights advocates and their opponent, Oklahoma Attorney General Gentner Drummond, are both claiming victory after the state's high court determined that a 2021 law that blocks the teaching of certain racial and gender topics in public classrooms does not apply to academic speech in higher educational settings.
June 23, 2025
Senate Adviser Clears Way For AI Moratorium In Budget Bill

The U.S. Senate won't have to meet a heightened vote threshold to enact a sweeping provision tucked into the current budget proposal that would block states from regulating artificial intelligence for a decade, after the chamber's parliamentarian concluded that the controversial measure could remain in the bill.
June 23, 2025
FTC Puts Viewpoint Commitments In Ad Agency Mega-Deal

The Federal Trade Commission said Monday it will allow Omnicom to move ahead with its planned $13.5 billion deal for Interpublic after the marketing giants agreed not to work with others to steer advertisers away from publishers based on their political viewpoints.
June 23, 2025
Texas Law Cutting Municipal Fees Not Gift, Comcast Says

Comcast and a state trade association told the Texas Supreme Court that laws curbing the fees municipalities can charge telecom companies for rights-of-way usage passes constitutional muster, asking the court to flip a lower court's findings that the laws violate the Texas Constitution's gift clauses.
June 23, 2025
Apache Nonprofit Asks Justices For Rehearing In Mining Row

An Apache nonprofit is urging the U.S. Supreme Court to reconsider a decision to deny its petition that looked to block the transfer of nearly 2,500 acres to an Arizona copper mining company, arguing the outcome of a case now before the justices could sway their analysis.
June 23, 2025
Talks Ongoing On EU Digital Tax, Italian Official Says

The European Union is continuing to discuss the possibility of adopting a blocwide digital services tax, Italy's top international tax official said Monday.
June 23, 2025
Texas Gov. Abbott Signs Bitcoin Reserve Bill Into Law

Texas Gov. Greg Abbott has signed into law a bill to establish a strategic bitcoin reserve aimed at helping the Lone Star State's financial resilience, following the Trump administration's own creation of a bitcoin reserve earlier this year.
June 23, 2025
Michigan Must Face Christian Refugee Aid Provider's Bias Suit

A federal judge said a Christian refugee resettlement agency may move ahead with claims that Michigan sought to force the agency to agree to hire non-Christians to be eligible for contracts.
June 23, 2025
Paxton, Airline Co. Ask To Take Biz Doc Case Out Of 5th Circ.

The Texas attorney general's office and an airline parts manufacturer have agreed to remove a dispute over a state law allowing the office to examine business records from the Fifth Circuit back to district court.
June 23, 2025
Justices Drop 'Third Country' Removal Due Process, For Now

A divided U.S. Supreme Court ruled Monday the Trump administration can send noncitizens facing deportation to countries where they have no prior ties without providing due process protections, including written notice or a chance to raise concerns about their future safety.
June 23, 2025
Texas Governor Vetoes Ban On Hemp-Derived THC Products

Texas Gov. Greg Abbott has vetoed a bill that would have banned hemp-derived THC products, rebuking one of his lieutenant governor's policy priorities and delivering a win to the Lone Star State's hemp industry.
June 23, 2025
DOL Suspends Biden-Era H-2A Farmworker Protection Rule

The U.S. Department of Labor has put a Biden-era regulation protecting union-related activities for agricultural workers on seasonal H-2A visas on ice while litigation over the rule continues and the agency considers new rulemaking.
June 23, 2025
Mass. Cannabis Shop Seeks $2.3M Refund Of 'Impact Fees'

A cannabis retailer with a location on Massachusetts' North Shore is asking for a refund of $2.3 million in so-called community impact and other fees it has paid since 2019, the latest dispensary to make such a request since the fees were rescinded by state lawmakers in 2023.
June 23, 2025
Regulator Deleted Texts In $62M Gas Rate Feud, Agency Says

Connecticut's Public Utilities Regulatory Authority cannot produce text messages requested by two gas companies suing to recover $43.2 million and $19.1 million revenue deficiencies because chairperson Marissa Gillett's personal phone was set to automatically delete communications after 30 days, the agency told a judge on Monday.
June 23, 2025
Dems Demand Info On Emil Bove's Alleged Misconduct

Ahead of Emil Bove's hearing on Wednesday for his judicial nomination, Democrats on the Senate Judiciary Committee are pressing for information on complaints alleging his misconduct while at the U.S. Attorney's Office for the Southern District of New York and Main Justice earlier this year.
June 23, 2025
Catching Up With Delaware's Chancery Court

The Delaware Supreme Court reversed a year-old $199 million judgment against TransCanada in a suit challenging a merger that occurred nearly a decade ago, Aspen Technology Inc. was hit with another suit over its pending $7.2 billion merger with Emerson Electric, and Nielson Holdings Ltd. secured a temporary restraining order against its spinoff. In case you missed it, here's the latest from the Delaware Chancery Court.

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

Early Trends In Proxy Exclusion After SEC Relaxes Guidance

The U.S. Securities and Exchange Commission’s recent guidance broadening shareholder proposal exclusion under Rule 14a-8 has been undoubtedly useful to issuers this proxy season, but it does not guarantee exclusion, say attorneys at Debevoise.
How New Texas Law Revamps Electric Grid To Meet Demand

A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.
Best Practices For State Banks Eyeing Federal Conversions

Amid a notable uptick — fueled by ongoing regulatory upheaval — in state-chartered banks exploring conversion to national bank charters, banks contemplating the decision should weigh the benefits, like uniform supervision, and potential impediments, like costly exam fees, say attorneys at Skadden.
DOJ May Rethink Banning Firearms For Marijuana Users

In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.
EDNY Ruling May Limit Some FARA Conspiracy Charges

Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.
9th Circ. Has Muddied Waters Of Article III Pleading Standard

District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
Future Of Enviro Crimes Under Trump's Federal Regs Order

President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.
Trump Antitrust Shift Eases Pressure On Private Equity Deals

Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.
How Cos. Can Prep For Calif. Cybersecurity Audit Regulations

As the California Privacy Protection Agency Board finalizes cybersecurity audit requirements, companies should take six steps to prepare for the audit itself and to build a compliant cybersecurity program that can pass the audit, say attorneys at Covington.
Series

Competing In Modern Pentathlon Makes Me A Better Lawyer

Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
Shifting DEI Expectations Put Banks In Legal Crosshairs

The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.
Compliance Tips After Court Axes EEOC's Trans Rights Take

A Texas federal court's recent decision struck portions of the U.S. Equal Employment Opportunity Commission's 2024 guidance pertaining to sexual orientation and gender identity under Title VII, barring their use nationwide and leaving employers unsure about how to proceed in their compliance efforts, say attorneys at Dorsey & Whitney.
Atkins' Crypto Remarks Show SEC Is Headed For A 'New Day'

A look at U.S. Securities and Exchange Commission Chairman Paul Atkins' recent speeches provides significant clues as to where the SEC is going next and how its regulatory approach to crypto will differ from that of the previous administration, say attorneys at Eversheds Sutherland.
Series

Law School's Missed Lessons: Teaching Yourself Legal Tech

New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
State Farm Rate Hike Portends Intensifying Insurance Crisis

The California Department of Insurance's unprecedented emergency approval of a 17% rate increase for State Farm General Insurance, the first interim rate relief granted before completing full actuarial justification, represents a regulatory watershed and establishes precedent that could fundamentally reshape insurers' response to climate-driven market instability, says Daniel Veroff at Merlin Law Group.