Public Policy

June 10, 2025
Judge Denies Calif. Tribe's Bid To Restore Gaming Eligibility

A D.C. federal judge Tuesday declined to reinstate a California tribe's gaming eligibility for a casino-resort project in the San Francisco Bay Area while the U.S. Department of the Interior reassesses its approval, ruling that the tribe hasn't shown it would be imminently harmed by the eligibility suspension.
June 10, 2025
DHS Unit Has Until Friday To Show Parole Changes Are Live

A Massachusetts federal judge on Tuesday gave the Trump administration until Friday to confirm that U.S. Citizenship and Immigration Services has resumed adjudicating immigration benefits requests for a class of noncitizens granted entry through humanitarian parole.
June 10, 2025
Health Records Co. Looks To Toss Patient Data Access Case

PointClickCare is urging a Maryland federal court to toss a case seeking to force the medical records company to allow Real Time Medical Systems to access patient data with automated bots after the Fourth Circuit refused to lift an order requiring access while the case plays out.
June 10, 2025
House 23andMe Hearing Raises National Security Concerns

Lawmakers pressed current and former 23andMe executives during a House Oversight Committee hearing Tuesday over national security and consumer privacy in connection with a planned Chapter 11 sale of 15 million customers' DNA profiles.
June 10, 2025
Power Co. Asks Justices To Settle Split In Tribal Tax Dispute

Arizona courts were wrong to rule that an energy company located on tribal land is subject to property taxes, the company told the U.S. Supreme Court on Tuesday, urging it to address an "intolerable" state-federal split.
June 10, 2025
LA Schools Get $30M Death Suit Verdict Nixed On Appeal

A California appeals panel has wiped out a $30 million verdict against the Los Angeles Unified School District in a suit by a mother whose son was killed by an employee during Christmas break 2019, saying state law grants immunity to the district in this instance.
June 10, 2025
Tribes' Effort To Overturn Ore. Casino Land Decision Halted

A D.C. federal court judge hit pause on a bid by three tribes to vacate the U.S. Department of the Interior's final determination and environmental impact statement in a dispute over the agency's decision to take land into trust for Oregon's Coquille Indian Tribe for a proposed casino project.
June 10, 2025
Feds Say NH Trans Sports Ban Suit Lacks Real Injury

The U.S. government hopes to escape a New Hampshire lawsuit challenging both state and federal policies prohibiting transgender athletes from competing in women's sports, saying the complaint shows only "speculative future injury."
June 10, 2025
Deere & Co. Must Face FTC Suit Over Repair Restrictions

An Illinois federal judge compared John Deere's second attempt at beating a right-to-repair suit to Steve Martin's Pink Panther II reboot, calling it "predictable" and "derivative" as he again rejected the farm equipment giant's motion for judgment on the pleadings and allowed the Federal Trade Commission's case against it to proceed.
June 10, 2025
Farella Braun Wins Partial Fee Award In FDIC Dispute

A California federal judge has awarded Farella Braun & Martel LLP around $10,000 in attorney fees for the work its lawyers did for the bankrupt parent of Silicon Valley Bank, finding the receiver for the bank, the Federal Deposit Insurance Corp., failed to comply with discovery orders.
June 10, 2025
FCC Temporarily Blocks Co.'s Equipment Authorization

The U.S. leg of a Taiwanese infrastructure company hasn't been up front about who makes some of the equipment it has been selling inside the country, the Federal Communications Commission has said, so the agency is temporarily yanking its equipment authorization.
June 10, 2025
SEC To Resume Review Of Swiss Adviser Registrations

Switzerland-based investment advisers seeking to do business in the U.S. can immediately resume submitting new and pending registration applications for consideration with the U.S. Securities and Exchange Commission, regulators said Tuesday.
June 10, 2025
White House Urges Fed. Circ. To Sustain Tariffs During Appeal

President Donald Trump's administration told the Federal Circuit it will go to the U.S. Supreme Court if the appellate court does not keep his global tariffs in place while weighing the White House's appeal of a trade court's order striking them down.
June 10, 2025
Trump Wind Farm Pause Has Stalled Projects, Judge Hears

A coalition of blue states and industry advocates told a federal judge on Tuesday that the recent mothballing of a New Jersey offshore wind project exemplifies the damage being inflicted by the Trump administration's unlawful decision to pause wind farm permitting.
June 10, 2025
Thune Touts GOP's Spectrum Plan On Senate Floor

Senate Majority Leader John Thune, R-S.D., promoted the Republicans' legislative plan to open more federal spectrum to private companies during a floor speech Tuesday.
June 10, 2025
Plastic Waste Often Illegally Burned, Tax Chiefs Say

Plastic waste shipped abroad is often illegally incinerated rather than recycled, including that in Turkey and Indonesia, the Dutch and British tax authorities said Tuesday.
June 10, 2025
No Entitlement To A Cannabis Retail License, NJ Town Says

A New Jersey municipality urged a federal court on Monday to toss a suit from a cannabis company alleging its constitutional rights were violated when the town denied its retail license application, arguing that there is no protected property interest in the issuance of the license.
June 10, 2025
DOJ Denies Axing Public Safety Grants 'En Masse'

The U.S. Department of Justice said it "carefully and individually" reviewed thousands of public safety grants before canceling hundreds of the agreements earlier this year and urged a D.C. federal judge to toss a class action contesting the grant terminations.
June 10, 2025
Denver Schools Drop 'Protected Areas' Suit Against DHS

Denver Public Schools has agreed to drop its suit challenging the U.S. Department of Homeland Security's memorandum on when immigration enforcement actions can be taken on certain "protected" locations including schools, according to a joint stipulation filed by the parties.
June 10, 2025
Top CFPB Enforcer Quits Over 'Devastating' Agency Pullback

The Consumer Financial Protection Bureau's top enforcement official resigned Tuesday, saying she can no longer effectively do her job under leadership that "has no intention to enforce the law in any meaningful way."
June 10, 2025
Ayahuasca Church Brings Religious Use Case To DC Circ.

An Iowa church that seeks to use a psychedelic drug in its rites filed a petition Monday with the D.C. Circuit seeking to compel federal drug enforcers to process an application for a religious exemption to the Controlled Substances Act, which has been pending for over six years.
June 10, 2025
SEC's Investment Management Chief Greiner To Leave Agency

U.S. Securities and Exchange Commission veteran Natasha Vij Greiner is stepping down as the director of the agency's investment management division, ending a nearly 24-year career serving the SEC in multiple roles, regulators announced Tuesday.
June 10, 2025
Judge Postpones Sentencing For Menendez Bribery Witness

A Manhattan federal judge has delayed the sentencing date for an associate of former Sen. Bob Menendez who had pled guilty to bribery charges and testified against the former lawmaker, who himself was convicted by a jury in July and sentenced to 11 years in prison.
June 10, 2025
Nev. Pension Plan Urges 9th Circ. To Ax DOJ Military Bias Suit

Pension credits bought by military service members aren't an accrued benefit under the Uniformed Services Employment and Reemployment Rights Act, Nevada's public employee retirement system argued, urging the Ninth Circuit not to revive the U.S. Department of Justice's suit alleging the state and system overcharged employees for the credits.
June 10, 2025
Ex-Con Attorney Sues Bondi To Restore Gun Rights

A Connecticut attorney who served prison time for a tax offense has sued federal and state officials to demand the restoration of his right to possess firearms and ammunition, arguing that the prohibition on that right is unconstitutional as applied to him.

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

Section 899 Could Be A Costly Tax Shift For US Borrowers

Intended to deter foreign governments from applying unfair taxes to U.S. companies, the proposal adding new Section 899 to the Internal Revenue Code would more likely increase tax burdens on U.S. borrowers than non-U.S. lenders unless Congress limits its scope, says Michael Bolotin at Debevoise.
Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrate the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
The Sentencing Guidelines Are Commencing A New Era

Sweeping new amendments to the U.S. sentencing guidelines — including the elimination of departure provisions — intended to promote transparency and individualized justice while still guarding against unwarranted disparities will have profound consequences for all stakeholders, say attorneys at Blank Rome.
The State Of Play For Bank Merger Act Applications

Both the Office of the Comptroller of the Currency's recent reversal of changes to its bank merger policies and the Federal Deposit Insurance Corp.'s rescission of its 2024 statement may be relevant for all banks considering a transaction, as responsibility for review depends on the identity of the parties and the transaction structure, say attorneys at Davis Polk.
Del. Corporate Law Rework May Not Stem M&A Challenges

While Delaware's S.B. 21 introduced significant changes regarding controllers and conflicted transactions by limiting what counts as a controlling stake and improving safe harbors, which would seem to narrow the opportunities to challenge a transaction as conflicted, plaintiffs bringing shareholder derivative claims may merely become more resourceful in asserting them, say attorneys at Debevoise.
State AG Focus On Single-Firm Conduct Is Gaining Traction

Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states’ aggressive posture, says Steve Vieux at Bartko Pavia.
What Parity Rule Freeze Means For Plan Sponsors

In light of a District of Columbia federal court’s recent decision to stay litigation challenging a Mental Health Parity and Addiction Equity Act final rule, as well as federal agencies' subsequent decision to hold off on enforcement, attorneys at Morgan Lewis discuss the statute’s evolution and what plan sponsors and participants can expect going forward.
Max Pressure On Iran May Raise Secondary Sanctions Risk

New sanctions designations announced June 6 are the latest in a slew of actions the administration has taken to put pressure on Iran’s military programs and petroleum exports that will likely increase non-U.S. businesses’ secondary sanctions risk, says John Sandage at Berliner Corcoran.
Platforms Face Liability Shift Under Anti-Revenge Porn Law

The federal Take It Down Act, signed into law last month, aims to combat deepfake pornography with criminal penalties for individual wrongdoers, but the notice and takedown provisions change the broad protections provided by Section 230 of the Communications Decency Act in ways that directly affect platform providers, say attorneys at Troutman.
4 Midyear Employer Actions To Reinforce Compliance

The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.
CFPB's Guidance Withdrawal Deepens Industry Uncertainty

Following the Consumer Financial Protection Bureau's recent withdrawal of dozens of guidance documents in a post-Chevron world, financial services providers are left to make their own determinations about the complex issues addressed in the now-revoked materials, presenting a significant compliance burden, say attorneys at Bradley Arant.
Justices Widen Gap Between Federal, Calif. Enviro Reviews

While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
SEC Signals Opening For Private Fund Investment Reform

At SEC Speaks in late May, the U.S. Securities and Exchange Commission made clear that it's considering allowing registered funds of private funds to be offered broadly to true retail investors, meaning existing funds should review their disclosures focusing on conflicts of interest, liquidity and fees, say attorneys at Stradley Ronon.
CIPA May Not Be Necessary To Protect Ad Tech Plaintiffs

A California bill designed to protect businesses from advertising technology claims under the California Invasion of Privacy Act by amending the act retroactively has been highly contested by various consumer advocacy groups, but other existing law may sufficiently protect any plaintiff who suffers actual harm from such tech, says Justin Donoho at Duane Morris.