Public Policy

  • August 26, 2026

    Trucking Groups Urge Full 5th Circ. To Mull Penske Liability

    Trucking industry groups contend the Fifth Circuit unjustifiably expanded liability for upstream motor carriers when it recently held that trucking services giant Penske Logistics LLC could be held vicariously liable for a fatal 2018 Texas collision caused by a motor carrier that Penske knew nothing about.

  • August 26, 2026

    Feds Urge 6th Circ. To Affirm $100M DTE Clean Air Act Penalty

    Several DTE Energy Co. entities should not be allowed to escape a $100 million civil penalty a Michigan federal judge imposed for Clean Air Act violations at a coke production facility near Detroit, the U.S. Department of Justice has told the Sixth Circuit.

  • August 26, 2026

    Feds Aim To Give Employers Clarity On Wellness Programs

    The U.S. Department of Labor and other federal agencies on Wednesday issued guidance on employer wellness programs that permit fees on workers' health premiums for things like tobacco use, which the agencies said was in response to legal questions raised by numerous recently filed class action federal benefits lawsuits.

  • August 26, 2026

    Ky. FM Stations Didn't Follow Licensing Rules, FCC Says

    The licensee of four Kentucky FM radio stations reached an agreement with the Federal Communications Commission to end a probe into whether it failed to file the stations' license renewals on time and left them off the air without permission.

  • August 26, 2026

    Fla. Firm Must Face Fiduciary Breach Suit Over Property Deal

    A Florida state appeals court on Wednesday reversed an order dismissing a lawsuit brought by a property company alleging that Hoffman Larin & Agnetti PA and one of its attorneys aided and abetted a breach of fiduciary duty while representing a third party claiming an interest in a property owned by the company.

  • August 26, 2026

    Ore. Homeowner Hit With $19K In Fees, Penalties By Tax Court

    An Oregon homeowner must pay $15,000 in attorney fees and $4,000 in penalties after consistently maintaining an unreasonable position in challenges to his property tax assessment, the state tax court ruled Tuesday.

  • August 26, 2026

    Former Gov't Attys Back DOJ's Challenge To DC Ethics Bodies

    Ex-Justice Department leaders are throwing their support behind the DOJ's suit challenging alleged "unconstitutional overreach" by Washington, D.C., attorney disciplinary authorities in their handling of an ethics complaint against former Assistant Attorney General Jeffrey Clark.

  • August 26, 2026

    3rd Circ. Says McIver Lacks Immunity In ICE Assault Case

    A panel of Third Circuit judges on Wednesday rejected claims from Rep. LaMonica McIver, D-N.J., that her congressional role protects her against criminal charges alleging she forcibly interfered with and obstructed federal officers at an immigration detention facility.

  • August 26, 2026

    Mass. State Rep. Charged In $700K COVID Relief Fraud

    A Massachusetts lawmaker was arrested early Wednesday on charges that he engaged in a series of schemes to fraudulently obtain more than $700,000 from COVID-19 pandemic-era relief programs, flipping some of the funds into higher-interest mortgages to others and paying campaign expenses, federal prosecutors said.

  • August 26, 2026

    Next Phase Of IEEPA Refund System 'Temporarily Delayed'

    U.S. Customs and Border Protection has "temporarily delayed" the rollout of the next portion of its system for refunds of the struck-down global tariff regime while it makes sure the system doesn't incorrectly affect other paid duties, it told the U.S. Court of International Trade.

  • August 26, 2026

    MyPillow CEO Lindell Appeals Smartmatic Sanctions Order

    MyPillow CEO Mike Lindell has appealed a D.C. federal judge's sanctions order against him for filing what the court said were "frivolous" third-party claims and counterclaims against election systems company Smartmatic.

  • August 26, 2026

    Flock Surveillance Cameras Enable Stalking, Class Suit Says

    Flock's nationwide vehicle surveillance system has repeatedly been used for "personal surveillance and stalking" rather than for proper law enforcement purposes, a driver said in a proposed class action in Georgia federal court.

  • August 26, 2026

    Meta Makes $17B Deal With States Over Child Harms

    Meta has agreed to pay up to $17.1 billion and enact reforms to Facebook and Instagram to resolve sprawling social media addiction claims, in the midst of a high-stakes bellwether trial over whether the company hid or downplayed its platforms' allegedly harmful impact on minors, state enforcers say.

  • August 25, 2026

    4th Circ. Blocks FCC Campaign Ad Pricing Guidance

    While political candidates are entitled to the lowest advertising rate radio and television stations can charge, political parties and joint fundraising committees with noncandidate members are not, a split Fourth Circuit ruled Tuesday, wiping out recent Federal Communications Commission guidance.

  • August 25, 2026

    'News To Me': Instagram CEO Unaware Its Attys Deleted Data

    Instagram's CEO appeared to be taken by surprise Tuesday during a California federal jury trial over claims Meta hid social media's harms, after the states revealed that Instagram's in-house counsel removed data from a teen-safety presentation before presenting it to minimize his "litigation exposure risk," saying "this is all news to me."

  • August 25, 2026

    Ex-OCC Counsel Joins Clark Hill's Banking Practice

    Clark Hill PLC has expanded its financial services regulatory roster with the addition of a longtime member of the Office of the Comptroller of the Currency's law department who advised on bank exam issues, appellate litigation and corporate applications at the national bank regulator.

  • August 25, 2026

    Calif. Law Requiring Cop ID Can't Apply To Feds, 9th Circ. Told

    The Trump administration urged the Ninth Circuit during oral arguments Tuesday to find that a section of California law requiring law enforcement officers to visibly display identification can't apply to federal officers, saying "nothing has changed" since the court blocked that section under the Supremacy Clause pending this appeal.

  • August 25, 2026

    9th Circ. Panel Largely Upholds Block On Feds' Grant Terms

    A divided Ninth Circuit panel Tuesday mostly upheld an injunction blocking the Trump administration from imposing new grant restrictions on transportation and housing funding for dozens of local governments, concluding federal agencies likely overstepped their authority by barring the money from being used to promote "gender ideology" or "illegal immigration."

  • August 25, 2026

    Meta Should Keep Research Internal, Data Whiz Tells Jury

    A high-ranking Meta data analyst told a Tennessee jury Tuesday that the social media giant shouldn't release its user research publicly because he saw during a famous leak the danger that such research will be "misinterpreted and misrepresented."

  • August 25, 2026

    Calif. Data Broker Tool Sign-Ups Hit 500K As Deletions Begin

    Data brokers in California have deleted "tens of millions" of records since their obligation to comply with requests made through a new consumer data deletion tool kicked in earlier this month, the state's privacy regulator said Tuesday, while announcing that registrations for the first-of-its-kind platform had reached the half-million mark.

  • August 25, 2026

    DC Circ. Won't Revive Standard General's FCC Bias Suit

    The D.C. Circuit does not believe that the Federal Communications Commission took part in a racist conspiracy to kill Standard General hedge fund manager Soo Kim's $8.6 billion merger with broadcaster Tegna and has affirmed the dismissal of his lawsuit claiming such.

  • August 25, 2026

    Pot Shop Seeks Quick Win Against Jushi On Antitrust Claims

    A Massachusetts dispensary is urging a federal court to rule that cannabis giant Jushi Holdings and others violated antitrust law by using a $10 million merger provision designed to block the dispensary from opening a nearby store, causing it to ultimately crumble.

  • August 25, 2026

    Ex-Taro Exec Slips Some Generics Price-Fixing Claims

    A Connecticut federal judge gave a former Taro Pharmaceuticals USA Inc. marketing executive a partial victory in generic drug price-fixing litigation, tossing several claims by state attorneys general but allowing others to proceed after finding that a jury could conclude he joined certain conspiracies.

  • August 25, 2026

    NRDC Says EPA Let Cleveland Polluters Dodge Smog Cuts

    The Natural Resources Defense Council on Tuesday asked the Sixth Circuit to review the U.S. Environmental Protection Agency's approval of a plan Ohio submitted for smog pollution in the Cleveland area, and accused the agency of giving a "free pass" to major polluters.

  • August 25, 2026

    Trump Diversity Visa Freeze Lacked Basis, Judge Says

    A D.C. federal judge ruled in favor of several diversity visa selectees in consolidated suits challenging the Trump administration's decision to halt the program, saying on Tuesday that the government did not provide a reasoned explanation for its sweeping refusal policy.

Expert Analysis

  • Opinion

    States Should Reconsider Forced PBM Divestiture Laws

    Author Photo

    State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

  • HSR Deals Proceed More Steadily Than Narratives Suggest

    Author Photo

    The most recent Hart-Scott-Rodino Act data show that transaction volume remained relatively stable, transaction values continued to increase and enforcement activity remained low, suggesting that enforcement rates have been relatively consistent across presidential administrations despite widely differing public rhetoric regarding merger enforcement, says Amanda Wait at Michael Best.

  • Assessing The Benefits Of Fla.'s Newest Business Structure

    Author Photo

    As of July 1, Florida business owners can create protected series LLCs to shield assets from liability while avoiding increased costs and wasted time, but burdensome recordkeeping obligations are crucial to maintaining the very protection that makes them attractive in the first place, says Gregory Ritter at Moritt Hock.

  • Key Post-Proposal Shifts Likely In CFPB Loss Mitigation Rule

    Author Photo

    Mortgage servicers, borrowers and consumer advocates should prepare for a likely narrowed version of the Consumer Financial Protection Bureau's loss mitigation rule, which is likely to permit sequential reviews, defer to investor guidelines, extend compliance timelines and preempt conflicting state standards, say attorneys at Goodwin.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

    Author Photo

    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Noncompete Laws Show States Focusing On Bans, Healthcare

    Author Photo

    The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

  • What's Inside Proposed, Expanded NY Stablecoin Regulations

    Author Photo

    New York's recently proposed regulations for payment stablecoin issuers would, if adopted, increase the regulatory burdens of a state license, and midsize issuers considering a conversion to a federal charter should weigh the associated costs of both options, say attorneys at Lowenstein Sandler.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

    Author Photo

    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • What Corporate Counsel Can Learn From OpenAI Test Breach

    Author Photo

    The significance of the recent artificial intelligence testing breach involving OpenAI and Hugging Face lies in what it reveals about the path of AI’s evolution, because legal professionals must translate that trajectory into actionable governance, contractual and advisory frameworks, says Jason Mueller at Vorys.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

    Author Photo

    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

    Author Photo

    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • State Of Insurance: Q2 Notes From Pennsylvania

    Author Photo

    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • Assessing DOJ Antitrust's New, Faster Merger Review Option

    Author Photo

    The U.S. Justice Department Antitrust Division's recently announced targeted second request option and new model timing signal a commercially friendly stance and a departure from the prior administration's position, say attorneys at Paul Weiss.

  • NRC Proposal May Reshape Radiation Protection Framework

    Author Photo

    The U.S. Nuclear Regulatory Commission’s proposal to drop the long-standing requirement to keep radiation exposure "as low as reasonably achievable," alongside the U.S. Department of Energy's removal of ALARA from its own rules, suggests a broader federal reassessment of radiation protection policy, say attorneys at Womble Bond.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

    Author Photo

    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

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.