Public Policy

July 22, 2025
Judge Blocks Some Planned Parenthood Cuts In Partial Ruling

A Massachusetts federal judge partially blocked a measure passed by Congress this month stripping Medicaid funding from Planned Parenthood-affiliated facilities, but only as it applies to those that do not provide abortions or that receive minimal federal support.
July 22, 2025
Ore. Extends Brownfield Development Tax Breaks

Oregon extended its program of local property tax incentives for brownfield development by six years under a bill signed by the governor.
July 22, 2025
Ala. Pot Regulators Seek Dismissal Of Retaliation Suit

Alabama medical cannabis regulators have urged a federal judge to dismiss a lawsuit from a prospective medical marijuana business that was denied a license, or abstain from the matter entirely, because similar cases are pending in state court.
July 21, 2025
Revived Effort To Break Up 9th Circ. Makes Its Way To Senate

Idaho Republicans have reintroduced a U.S. Senate bill that looks to split up the Ninth Circuit and create a new Twelfth Circuit, according to an announcement made Monday, roughly nearly seven months after a similar bill was introduced in the House.
July 21, 2025
Md. Judges Slam 'Unprecedented' Suit Over Habeas Orders

Maryland federal judges on Monday pressed a Virginia federal judge to throw out the Trump administration's "unprecedented" suit challenging their standing order that temporarily blocks deportation of detained noncitizens who file habeas petitions, warning that if the suit succeeds, "it will not be the last."
July 21, 2025
Trump Asks DC Circ. To Block FTC Dem's Reinstatement

The Trump administration on Monday asked the D.C. Circuit to pause a Thursday order restoring a fired Federal Trade Commission Democrat's job, arguing that the ruling defies recent U.S. Supreme Court orders staying similar reinstatements at other independent agencies.
July 21, 2025
The Biggest Telecom Developments Of 2025: Midyear Report

It's been a headline-grabbing year in communications law so far, with the U.S. Supreme Court handing down a major win for federal programs that help pay for broadband deployment and a new Republican chief at the nation's telecom agency ushering in a rule-slashing agenda.
July 21, 2025
Sinclair Stations Clear Up FCC's Kid TV Enforcement

Sinclair Broadcast Group stations that aired Hot Wheels commercials during a children's Hot Wheels program in violation of Federal Communications Commission rules are settling with the agency after their owner inked a deal allowing the parent company to avoid a $2.6 million fine.
July 21, 2025
FCC Waives Rules To Use Radar Digging In Construction

Rod Radar has convinced the Federal Communications Commission to grant it a waiver that would allow it to hook ground-penetrating radar to excavator buckets to help avoid underground infrastructure like utility lines.
July 21, 2025
Man Tweaks Suit Over Gun Purchase Ban Tied To Pot Conviction

A man who claims he was wrongly denied the right to buy a gun despite his four-decades-old marijuana felony being expunged has tweaked his legal efforts, dropping the FBI and the Bureau of Alcohol Tobacco, Firearms and Explosives as defendants in his lawsuit in Kansas federal court.
July 21, 2025
DC Circ. Urged To Leave FERC Project Approvals Alone

Grid operator Southwest Power Pool Inc. urged the D.C. Circuit to deny utility petitions challenging the Federal Energy Regulatory Commission's approval of four transmission projects developed by Kansas-based Sunflower Electric Power Corp.
July 21, 2025
Nonprofits Take Aim At New HUD Grant Rules

A coalition of nonprofit groups filed suit Monday in Rhode Island federal court, challenging new conditions for U.S. Department of Housing and Urban Development grants that target diversity, equity and inclusion programs; abortion access; and transgender individuals.
July 21, 2025
CFPB Ends VyStar Consent Order After $1.5M Penalty Paid

The Consumer Financial Protection Bureau disclosed Monday that it has ended another Biden-era consent order, this time with VyStar Credit Union, which the agency said has paid the seven-figure penalty that was imposed against it last year.
July 21, 2025
Feds Tell 3rd Circ. Gun Rights Not Automatic After Crime

The Third Circuit heard oral arguments Monday over whether the Second Amendment gives a man convicted of driving under the influence of alcohol the automatic right to own weapons after serving his time.
July 21, 2025
House GOP Would Cut SEC Funds, Curb Cyber Breach Rule

House Republicans are seeking to cut the U.S. Securities and Exchange Commission's budget by 7% in the upcoming fiscal year, presenting a plan that could also undercut a Biden-era regulation requiring publicly traded companies to quickly report cybersecurity breaches.
July 21, 2025
Not Enough Similarities To Apply DOJ Ad Tech Win: Google

Google urged a New York federal judge not to let website publishers, advertisers and others lock the company into the Justice Department's win in a separate Virginia federal court monopolization lawsuit over its advertising placement technology business, arguing the cases have key differences in facts and circuit standards.
July 21, 2025
Fla. Judge Pick Probed On Trump Case, Nomination Timing

A judicial nominee for the Southern District of Florida has fielded more questions from Democrats who have suggested that he ruled in favor of President Donald Trump and repeated the president's "partisan talking points" while simultaneously being vetted for a federal judgeship.
July 21, 2025
9th Circ. Narrows 'Remain In Mexico' Block During Appeal

A split Ninth Circuit panel ruled that a California federal judge's nationwide block of the Remain in Mexico program can only apply to the clients of the nonprofit that brought the underlying challenge while the Trump administration's appeal proceeds.
July 21, 2025
Pay Bias Judge Guts $2.8M Fee Request, Citing Errors At Trial

A Pennsylvania federal judge sliced an attorney's requested $2.8 million fee award for a pay-discrimination case against a school district Monday, blaming the plaintiff's counsel for errors during the two trials it took to reach a verdict.
July 21, 2025
Huawei Chips Block Some TVs' NextGen Signals, FCC Told

Pearl TV is calling on SiliconDust to remove Huawei-made components from its products, which rebroadcast TV signals from viewer antennas over home networks, saying the chips in its HDHomeRun Flex devices are unable to broadcast certain Next Generation TV programming.
July 21, 2025
FinCEN Gives Investment Advisers Reprieve On AML Rule

The U.S. Department of the Treasury has pushed back the compliance date for a rule requiring investment advisers to report suspicious activity to the Financial Crimes Enforcement Network while it weighs the future of the Biden-era regulation.
July 21, 2025
Sens. Float Bill To Protect Against AI Data Piracy

Federal lawmakers said Monday that they are floating a measure that would give creators the right to sue companies that use their work to train artificial intelligence models without their permission, a move that comes amid concerns over AI and intellectual property.
July 21, 2025
Justices Asked If Frontier Law Covers 'Corner Crossing' Case

A Wyoming ranch owner is asking the U.S. Supreme Court to review a Tenth Circuit decision that four hunters who crossed over its property to reach public lands didn't trespass, arguing that state law prohibits "corner crossing" and that no federal easement exists across private land for public access.
July 21, 2025
Ex-Judges Call SAP Hypocritical In 'Self-Serving' Fintiv Appeal

Retired Federal Circuit Judges Randall Rader and Kathleen O'Malley are urging their former court to reject SAP America Inc.'s challenge to how the U.S. Patent and Trademark Office is implementing new policies, saying the agency is acting within its limits and that SAP is selfishly contradicting arguments it previously made at the U.S. Supreme Court.
July 21, 2025
Concertgoers Narrow Live Nation Antitrust Claims

Consumers accusing Live Nation of monopolizing the live entertainment industry are dropping their allegations about high prices in the resale ticketing market to focus on prices for the initial sale of tickets in the primary market.

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

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.
A Rapidly Evolving Landscape For Noncompetes In Healthcare

A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.
New PTAB Denial Processes Grow More And More Confusing

Guidance from the U.S. Patent and Trademark Office about the Patent Trial and Appeal Board's new workload management and discretionary denial processes has been murky and inconsistent, and has been further muddled by the acting director's seemingly contradictory decisions, say attorneys at Finnegan.
Arguing The 8th Amendment For Reduction In FCA Penalties

While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.
GENIUS Act Creates 'Commodity' Uncertainty For Stablecoins

Half a century ago, Congress made trading in onion futures on commodity exchanges unlawful, and payment stablecoins could soon face a similarly unstable fate in the markets as the GENIUS Act heads to the president's desk for signature, says Peter Malyshev at Cadwalader.
EU Space Act Could Stifle US Commercial Operators

The EU Space Act, proposed last month, has the potential to raise global standards for safety and sustainability in space, but the U.S. and EU need to harmonize their regulatory approaches to avoid imposing regulatory burdens that undermine commercial innovation and agility, say Jessica Noble and Adriane Mandakunis at Aegis Space Law.
Cos. Face Convergence Of Anti-Terrorism Act, FCPA Risks

Recent moves by the U.S. Department of Justice to classify cartels and transnational criminal organizations as terrorist groups, and to use a range of statutes including the Foreign Corrupt Practices Act to pursue these types of targets, mean that companies operating in certain jurisdictions are now subject to overlapping exposure, say attorneys at Miller & Chevalier.