Public Policy

  • October 06, 2026

    EB-5 Center Says USCIS Delay Jeopardizes $82M Project

    An immigrant investor regional center in Florida and a company seeking to raise funds for a planned medical school in Naples, Florida, sued U.S. Citizenship and Immigration Services, claiming a delay in approval from the government is jeopardizing funding for the $82 million project.

  • October 06, 2026

    DC Circ. Not Sure Challenge To Border Wall Halt Still Has Legs

    The D.C. Circuit didn't seem convinced Monday morning it should breathe new life into a suit claiming that the Biden administration caused people legal injury and broke the law by not considering the environmental effects of reversing the Trump administration's border policies.

  • October 06, 2026

    WTO General Council Meeting Concludes Without Decisions

    A two-day meeting of the World Trade Organization General Council did not produce any concrete decisions on proposed reforms or other matters, including the currently lapsed moratorium on e-commerce duties, a spokesperson said Tuesday.

  • October 05, 2026

    Justices Fret Any Climate Tort Ruling Will Open Pandora's Box

    U.S. Supreme Court justices Monday pondered the risks of far-reaching fallout whether they allow or restrict burgeoning lawsuits targeting oil companies, acknowledging fears of near-limitless litigation but also struggling to distinguish climate torts from famous legal battles involving tobacco and opioids.

  • October 05, 2026

    Trump's Green Card Policy Shift Must Be Blocked, Groups Say

    A slew of families, workers, unions and immigrant rights groups asked a Massachusetts federal judge to block the Trump administration's new policies requiring green card applicants to leave the country, claiming Monday it's an unlawful departure from longstanding practice that unnecessarily disrupts applicants' lives.

  • October 05, 2026

    FCC Boots Call Provider From US Networks Over Robocalls

    The Federal Communications Commission has officially blocked a Denver-based voice call provider from operating in the United States because it never assuaged the agency's concerns about what it's going to do to stop illegal robocalls from being transmitted on its network.

  • October 05, 2026

    Boston Health Worker Says Firing Followed Fraud Concerns

    A former program director in Boston's health department says he was fired after refusing to enroll new clients until his concerns about fraud in a home visiting program were addressed, according to a lawsuit filed in Massachusetts state court.

  • October 05, 2026

    9th Circ. Says PREP Act Bars Pasadena COVID Policy Suit

    The Ninth Circuit on Monday refused to revive a Pasadena employee's suit challenging the city's COVID-19 safety policy for unvaccinated city employees, ruling that the city is immune from his claims under the Public Readiness and Emergency Preparedness Act.

  • October 05, 2026

    Detroit Nonprofit Can Pursue Claims Over $40M Theft

    Family members and associates of a former Detroit Riverfront Conservancy executive who was convicted of embezzling more than $40 million lost their bid on Monday to escape the nonprofit's Michigan state court suit seeking to claw back the ill-gotten gains.

  • October 05, 2026

    5th Circ. Hints CMS Medicare Advantage Rule May Violate APA

    A Fifth Circuit panel seemed hesitant to buy an argument that a rule from the Centers for Medicare & Medicaid Services dealing with Medicare Advantage plan overpayments went through proper rulemaking steps, asking Monday if the agency's argument that it can change its rationale "upends" rulemaking procedures.

  • October 05, 2026

    FinCEN Nixes Plans For Crypto Mixer, Wallet Reporting Rules

    The Financial Crimes Enforcement Network is moving to scrap two long-dormant proposals aimed at increasing anti-money laundering oversight of transactions involving self-hosted crypto wallets and anonymizing crypto "mixers," measures that had faced stiff industry resistance.  

  • October 05, 2026

    DOL Given Until Year End To Fix H-2A Farmworker Wage Rule

    A California federal court has ordered the U.S. Department of Labor to issue a replacement wage rule for temporary agricultural workers by year-end, rejecting the agency's request for up to six months and setting the existing unlawful rule to expire by the same deadline.

  • October 05, 2026

    DOJ, Google Differ On Ad Tech Fix Timing, Oversight

    The U.S. Department of Justice and Google offered disagreement Friday largely on relatively discreet points for the mandates meant to open up Google's advertising placement technology dominance, in a Virginia federal court filing where disputes centered heavily on how long the tech company has to implement changes and who'll monitor its compliance.

  • October 05, 2026

    Media Advocacy Groups Can't Join ABC Suit Against FCC

    A D.C. federal judge Monday denied two outside groups' bid to intervene in ABC's free speech suit against the Federal Communications Commission, saying they have not shown the network cannot adequately represent viewers' interests on its own.

  • October 05, 2026

    5th Circ. Wonders If Flock Cameras Align With 4th Amendment

    A Fifth Circuit panel on Monday pressed the federal government to explain how law enforcement's use of Flock cameras to track criminal suspects without obtaining a search warrant doesn't run afoul of the Fourth Amendment, questioning prosecutors' assertion that publicly observable movements enjoy no protections.

  • October 05, 2026

    CFTC Floats Framework For Crypto Cos. Offering Leverage

    The U.S. Commodity Futures Trading Commission on Monday unveiled plans for a framework governing leveraged crypto transactions, seeking feedback on a proposal that attempts to use the agency's existing authority to regulate a section of crypto markets in the absence of legislation.

  • October 05, 2026

    Afghan Allies Fear For Lives While Stuck In Immigration Limbo

    Under the Trump administration's travel and visa restrictions, Afghans who helped U.S. efforts against the Taliban and were promised a pathway to America face uncertainty about their survival and their chances of being reunited with family members. Nearly a year into the imposition of those restrictions, Law360 looks at how Afghans are coping.

  • October 05, 2026

    Justices Mull Courts' Authority To Hear Vets' Benefits Suit

    The U.S. Supreme Court on Monday appeared split on whether the Veterans' Judicial Review Act bars federal district courts from presiding over constitutional challenges to statutes affecting veterans' benefits, with justices questioning both sides' interpretation of the law's no-review clause.   

  • October 05, 2026

    Commercial Fishers Sue Over Red Snapper Catch Expansion

    A group of commercial fishing companies is challenging a new round of federal permits that allow Florida, Georgia and South Carolina to expand this year's recreational red snapper catch in D.C. federal court, claiming Monday that the permits would shrink the commercial share of the South Atlantic fishery in violation of federal law.

  • October 05, 2026

    OKX Files For Tokenized Stock Trading Under SEC Exemption

    OKX has notified the U.S. Securities and Exchange Commission of its plans to offer tokenized stock trading, becoming one of the first crypto exchanges to take advantage of the agency's closely watched innovation exemption.

  • October 05, 2026

    Catholic Org. Funding Cut Wasn't About Faith, Mich. Says

    A Catholic charity is improperly attempting to insert a prior religious liberty case over Michigan's foster care policies into current litigation challenging the charity's de-designation as a provider of treatment for substance use disorder, state officials have argued in a brief seeking dismissal.

  • October 05, 2026

    US Pushes For Reelection Of Int'l Radio Board Chief

    U.S. telecom regulators are urging their foreign counterparts to reelect the leader of a key global treaty-making body and have nominated another U.S. candidate for a top post in the organization ahead of a meeting next month in Qatar.

  • October 05, 2026

    Illinois' Curbs On Kalshi Sports Contracts Blocked For Now

    An Illinois federal judge temporarily blocked the state from enforcing its gambling license requirements against Kalshi and Coinbase on Friday, saying that the companies' core sports betting contracts are likely federally regulated swaps.

  • October 05, 2026

    Justices Won't Block Paramount's $110B WB Deal

    The U.S. Supreme Court on Monday quickly rejected a request by consumers to immediately block Paramount Skydance's $110 billion purchase of Warner Bros. Discovery, which is expected to close Tuesday, while a lower court adjudicates their antitrust claims challenging the merger.

  • October 05, 2026

    Groups Say Fla. City Bent Rules For Related Ross Hotel Tower

    Two West Palm Beach neighborhood groups are arguing to a Florida state appeals court that city officials advanced an 18-story Related Ross convention center and hotel project while ignoring concerns that the project's valet operations could pose a risk to pedestrians, among other issues in the approval process.

Expert Analysis

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • How Home Infusion Providers Can Adapt To Enrollment Pause

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    Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • NYDFS Swedbank Order Offers Lessons On Candor

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    The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • California FAIR Plan Is Outgrowing Last-Resort Role

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    With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

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    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

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    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

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    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • A New Era Of Scrutiny For China-Linked Pharma Deals

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    As Congress considers bipartisan legislation that would heighten regulatory scrutiny for life sciences deals involving Chinese biotech entities, companies should reassess the risks and due diligence requirements that will come with using heavily China-dependent pipelines, says Jen Maki at Ankura.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

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