Public Policy

  • August 28, 2026

    3rd Circ. Rejects Trump Admin's No-Bond Policy

    The Third Circuit has added to the circuit split over the Trump administration's detention without bond of unauthorized noncitizens apprehended inside the U.S., finding the policy runs afoul of the Immigration and Nationality Act and violates their due process rights.

  • August 28, 2026

    Consumer Groups Back Ore. In Fight Over Rate Opt-Out Law

    Consumer advocacy groups have rallied to Oregon's defense in litigation over its new law aimed at capping interest rates on loans from out-of-state banks, arguing the state's financial industry challengers don't have history or federal law on their side.

  • August 28, 2026

    DOL Scraps 1980s Farmworker Protection Coordination Rule

    The U.S. Department of Labor is repealing longtime regulations that required federal agencies to coordinate protections for migrant and seasonal workers, saying they are obsolete and have not been used for decades.

  • August 28, 2026

    ITC Finds Pipes From 3 Countries May Harm US Industry

    Stainless line and pressure pipes from India, Turkey and the United Arab Emirates that are allegedly being sold at unfair prices appear to be harming domestic U.S. industry, the U.S. International Trade Commission preliminarily found Friday.

  • August 28, 2026

    Medical Marijuana Industry Grapples With DEA's New Role

    After years of allowing the state-sanctioned medical marijuana industry to operate without interference, the U.S. Drug Enforcement Administration is stepping in to regulate a drug it once treated exclusively as contraband, but attorneys and regulators say the cannabis industry's interactions with the agency are off to a rocky start.

  • August 28, 2026

    Trump Admin Wants Oklahoma Smelter Suit Thrown Out

    The U.S. Department of Justice asked a federal judge to dismiss Oklahoma's challenge of a massive aluminum smelter project the Trump administration has backed with a $500 million grant, arguing that the case is premature and that the facility is vital to national security.

  • August 28, 2026

    Fla. Says PBMs Fixed Prices For Prescription Drugs

    Florida's attorney general on Thursday sued two competing pharmacy benefit managers for allegedly colluding to fix prescription drug reimbursement rates to pharmacies, which the state said threatens Floridians' access to affordable medications.

  • August 28, 2026

    NJ Law Requires Data Centers To Report Utility Usage

    New Jersey Gov. Mikie Sherrill signed a bill into law on Aug. 27 that requires data centers in the state to provide the New Jersey Board of Public Utilities with semiannual water and energy usage reports.

  • August 28, 2026

    Trump Denied New Bid To Federalize Hush Money Prosecution

    A New York federal judge on Friday again denied President Donald Trump's bid to move his criminal hush money conviction out of state court, finding as he did earlier that a federal law defense that Trump was operating in his official capacity would be meritless.

  • August 28, 2026

    IRS Corrects Proposed Regs On Foreign Tax Rules

    The Internal Revenue Service issued a notice Friday to correct several aspects of proposed regulations issued this month that relate to allocating foreign taxes following the repeal of a deferral election and the disallowance of foreign tax credits on certain distributions of previously taxed earnings.

  • August 28, 2026

    House Eyes Vote To Lock Supreme Court At 9 Justices

    The House returns from recess on Monday, and its agenda could include a vote to keep the number of U.S. Supreme Court justices at nine.

  • August 28, 2026

    Minnesota Urges Justices To Reject Foster Parents' ICWA Bid

    The Minnesota Attorney General's Office said two foster parents' challenge to the Indian Child Welfare Act is far from over, because even if they could clear a jurisdictional bar, the Supreme Court will likely remand the dispute and leave the couple's equal protection question to be litigated another day.

  • August 28, 2026

    4 Arguments For Benefits Attys To Watch In September

    The Fifth Circuit will weigh Louisiana's bid to block telehealth access to the abortion drug mifepristone, while the Fourth Circuit will hear Lockheed Martin's challenge to a trial court decision that kept a pension de-risking suit alive. Here's a look at these and other argument sessions that should be on benefits attorneys' radar next month.

  • August 27, 2026

    Anthropic Judge Rejects Trump's Nat'l Security 'Blank Check'

    The U.S. Department of Defense's designation of Anthropic PBC as a supply chain risk to national security was not based on a credible threat, but rather was retaliation for the company's public criticism of the Trump administration's position in contract negotiations, a California federal judge ruled Thursday.

  • August 27, 2026

    Mass. Judge Halts USPS Mail Ballot Rule Before Midterms

    A Massachusetts federal judge late Thursday temporarily blocked the U.S. Postal Service from implementing a new rule allowing it to deny delivery of mail-in ballots from voters whose names are not on citizenship lists the Trump administration is compiling ahead of November's midterms.

  • August 27, 2026

    OCC, FDIC Raise Bar For Examiners To Criticize Banks

    Federal banking regulators moved Thursday to rein in their use of supervisory warnings and enforcement actions, rolling out new standards that they said will focus examiner attention on material financial risks rather than process and documentation concerns.

  • August 27, 2026

    OpenAI Leads Corporate Push To Bolster Cyber Defense

    OpenAI and more than 100 other companies and organizations signed an open letter Thursday calling for a global surge in cyber defense, warning that artificial intelligence will make cyberattacks "more widespread and sophisticated" in the coming months.

  • August 27, 2026

    States' Suit Says HHS Terms Threaten Family Planning Dollars

    Twenty-three states launched a lawsuit in Maryland federal court Thursday challenging the U.S. Department of Health and Human Services' new conditions on federal funding for family planning services that they say would require recipients end support for "gender ideology," abandon diversity programming and drive patients toward parenthood and marriage.

  • August 27, 2026

    SD Judge Takes On Voter ID Rule Affecting Tribes

    A South Dakota federal judge expedited briefing for a preliminary injunction bid in a League of Women Voters lawsuit against the state ahead of absentee voting that starts Sept. 18, ruling the league can hasten its challenge of a new documentary proof of citizenship requirement.

  • August 27, 2026

    Enviro Groups Seek More Time To Fight Roadless Rule Repeal

    Environmental groups have asked the U.S. Forest Service to extend a public comment period for its proposal to scrap a 25-year-old "Roadless Rule" that bars logging and road construction on tens of millions of acres of national forest around the country.

  • August 27, 2026

    Colo. AG Accuses EarnIn Of Making Illegal Payday Loans

    Colorado's attorney general has accused the financial firm EarnIn of illegally providing "predatory" payday loans to tens of thousands of Coloradans through its earned wage access product, charging annual percentage rates of 1,000% or more.

  • August 27, 2026

    DOJ Targets 4 More States Over Immigrant Tuition Benefits

    The U.S. Department of Justice sued Arizona, New Mexico, Oregon and Washington on Thursday over their laws allowing unauthorized immigrants to pay in-state tuition, arguing the measures amount to unconstitutional discrimination against U.S. citizens.

  • August 27, 2026

    FCC Ends Caption Reg On Public Channel Video Programmers

    The Federal Communications Commission has scrapped a requirement that video programmers show they comply with closed captioning rules if they only provide content to local public, educational and governmental channels that are exempt from captioning mandates.

  • August 27, 2026

    'We Are Not Afraid To Try This Case,' Says Rep. McIver's Atty

    Rep. LaMonica McIver, D-N.J., and her legal team Thursday outlined her options following the appeals court decision affirming that charges against her arising from her oversight visit to an immigration detention facility can move forward.

  • August 27, 2026

    NY, Sheriffs File Dueling Suits Over ICE Agreements

    New York Gov. Kathy Hochul and Attorney General Letitia James sued the Rensselaer County Sheriff's Office on Thursday for failing to comply with a newly enacted state law requiring local law enforcement agencies to end agreements to assist with federal immigration enforcement.

Expert Analysis

  • Constructing AI Compliance Plans As State Laws Diverge

    Author Photo

    With Colorado, Connecticut and the federal government recently announcing wildly different approaches to artificial intelligence regulation, creating a workable compliance program means addressing overlapping obligations using shared systems rather than separate silos, say attorneys at Ogletree.

  • How McDonnell Still Shapes Bribery Defense Strategy

    Author Photo

    The pending federal bribery allegations against Washington, D.C., Council member Trayon White Sr. highlight for defense counsel the importance of overcoming the “official act” requirement established by the U.S. Supreme Court’s ruling in McDonnell v. U.S., and juries' critical role in distinguishing between official and unofficial acts, say attorneys at ArentFox Schiff.

  • Assessing Issues The CFTC's Sports Betting Rules May Face

    Author Photo

    The U.S. Commodity Futures Trading Commission recently proposed a rule to consolidate its control of sports bets made on prediction market trading platforms, but problems may arise from possible conflicts between the proposed changes and state laws — and maybe even the Commodity Exchange Act itself, says David Slovick at Kopecky Schumacher.

  • As Quantum Computing Evolves, So Do Antitrust Risks

    Author Photo

    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

    Author Photo

    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • 5 Key Factors Behind USPTO's Inter Partes Review Decisions

    Author Photo

    Though U.S. Patent and Trademark Office Director John Squires has drawn criticism for failing to explain his reasoning in inter partes review decisions, his recent precedential order in Magnolia v. Kurin provides five important insights into his decision-making process, says Christopher Loh at Venable.

  • Examining 3 Notable DOL Moves In The First Half Of 2026

    Author Photo

    With the U.S. Department of Labor addressing independent contractor classification, joint employment and white collar exemptions so far this year, employers must understand this shifting landscape to ensure proper treatment of employees based on their classification and to mitigate enforcement risk, say attorneys at Conn Maciel.

  • Weighing The Implications Of The Anthropic Export Directive

    Author Photo

    The Trump administration recently issued an export control directive against Anthropic to suspend all access to Fable 5 and Mythos 5 by any foreign national, representing one of the first uses of the regime against a frontier large language model in widespread commercial distribution, says attorney Sohan Dasgupta.

  • Series

    Moshing Makes Me A Better Lawyer

    Author Photo

    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Okla. Reforms Will Curb Oil, Gas Royalty Litigation Risk

    Author Photo

    Recent amendments to Oklahoma's Production Revenue Standards Act — the most comprehensive in decades — raise the stakes for true noncompliance with the state's oil and gas royalty payment framework, while offering operators clearer rules, defined interest boundaries and predictable exits from prolonged suspense situations, say attorneys at GableGotwals.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

    Author Photo

    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Is The SEC Entering Fight Over Prediction Market Oversight?

    Author Photo

    The U.S. Securities and Exchange Commission had remained largely silent on prediction market regulation until last week, but that trend may be changing, as many event contracts could qualify as security-based swaps, which are subject to the SEC's oversight under current definitions, say attorneys at Bradley Arant.

  • Data Reveals Pivot In Feds' Financial Fraud Priorities

    Author Photo

    Recent Justice Department data shows fraud prosecutions fell to their lowest rate in a decade in 2025, illustrating a move away from traditional financial cases and toward a targeted mix of healthcare, government program, consumer and sanctions matters, say Paul Hinton and Adrienna Huffman at The Brattle Group.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

    Author Photo

    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

    Author Photo

    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Public Policy archive.