Public Policy

  • October 06, 2026

    Flock, Colo. Towns Violated Residents' Privacy, Suit Says

    Flock's mass surveillance system and two Colorado towns invaded individuals' constitutional right to privacy by tracking their movements without consent and failing to employ safeguards for law enforcement using the technology, alleges a proposed class action filed in Colorado federal court.

  • October 06, 2026

    ICE Seeks Early Win In ACLU's Suit Over Detainee Records

    The federal government on Tuesday sought to end a public records lawsuit against U.S. Immigration and Customs Enforcement, arguing the agency is allowed under federal law to create its own rules for when immigrant detainee information can be released.

  • October 06, 2026

    Tribal Jurisdiction Key To Michigan Indigenous Cases

    Determining who can prosecute crimes committed in Indian Country requires navigating a complicated mix of tribal, state and federal authority, a Michigan federal prosecutor told law enforcement officials and advocates Tuesday at a statewide summit focused on missing and murdered Indigenous people and human trafficking.

  • October 06, 2026

    EPA's Climate Retreat Sidelined As Justices Weigh State Torts

    The Trump administration's recent moves renouncing its authority to regulate greenhouse gas emissions appear unlikely to sway the U.S. Supreme Court in deciding whether state and local governments can pursue climate change lawsuits against fossil fuel companies, attorneys say.

  • October 06, 2026

    1st Circ. Questions Need To Rule On Expired Harvard Visa Ban

    The First Circuit grappled Tuesday with what to do with an injunction blocking the Trump administration's long-suspended ban on foreign students from attending Harvard University, more than 10 months after the president's proclamation expired.

  • October 06, 2026

    UVA Law Prof Takes On Role Of USPTO General Counsel

    The U.S. Patent and Trademark Office said University of Virginia School of Law professor John F. Duffy has joined the agency as its general counsel and acting solicitor.

  • October 06, 2026

    DOD Seeks 1st Circ. Relief Over Fee Award In Grant Cap Case

    The U.S. Department of Defense is appealing a Massachusetts federal court's decision awarding attorney fees to an academic organization that helped successfully argue that the department's cap on reimbursing indirect costs from universities' grant-funded research was unlawful.

  • October 06, 2026

    NC Biz Court Bulletin: Monopoly Suit Setback, Historic Deal

    The North Carolina Business Court rounded the corner into fall with a setback for residents in an antitrust class action, a historic settlement in "forever chemical" contamination litigation and a raft of new restrictive covenant complaints.

  • October 06, 2026

    Wrestler Asks Justices To Shield Her From Trans Opponents

    A high school wrestler asked the U.S. Supreme Court for emergency relief protecting her from competing against female-identifying students who are biologically male, after she said one such opponent sexually assaulted her during a match.

  • October 06, 2026

    Fed To Realign Bank Supervision Into 5 State-Based Regions

    The Federal Reserve's top regulatory official said Tuesday that the central bank is overhauling how it manages its nationwide supervision operations, laying out plans for a reorganization aimed at streamlining the chain of command for its bank examination work.

  • October 06, 2026

    DC Circ. Wary Of Hikvision Appeal Over FCC Device Denials

    Chinese device-maker Hikvision hoped to convince the D.C. Circuit Tuesday that the Federal Communications Commission doesn't have the authority to strip a company's existing authorizations for national security reasons, but the judges did not seem persuaded.

  • October 06, 2026

    1st Circ. Sees Gaps In Order Halting RFK's Vaccine Advisers

    A First Circuit panel on Tuesday puzzled over aspects of a lower court's order staying Health and Human Services Secretary Robert F. Kennedy Jr.'s appointments to a vaccine policy committee, with one judge saying he can't tell what authority the order was based on.

  • October 06, 2026

    Cato, NRA Back Review Of Gun Ban For Nonviolent Felons

    Some four months after the U.S. Supreme Court ruled that a gun ownership ban for drug users is unconstitutional as applied to a marijuana user, gun rights advocates are urging the high court to expand the finding to those convicted of nonviolent marijuana crimes.

  • October 06, 2026

    Colo. Developer Says Town Reversed Course On Sewer Taps

    The developer of a tiny home community just outside a Colorado mountain town has told a federal judge that the town refuses to process the community's wastewater and won't issue new tap permits to new properties despite approving more than a dozen prior to the dispute.

  • October 06, 2026

    Calif. Tribe Says Kalshi Evades Tribal Sports Betting Bans

    A Southern California tribe warned the U.S. Supreme Court on Tuesday that a recent Third Circuit decision blocking New Jersey from enforcing its gambling laws against Kalshi could threaten tribes' exclusive rights to regulate gambling on their reservations.

  • October 06, 2026

    FCC Threats Loom Like 'Guillotine,' ABC Tells Court

    ABC argued during intense questioning from a D.C. federal judge Tuesday that a Federal Communications Commission probe of eight network-owned TV stations needs to end, because the agency's threats hang like a "guillotine" that could be cut loose at any time.

  • October 06, 2026

    Texas Justices Leery Of Banning AI Deposition Transcripts

    Texas Supreme Court justices seemed hesitant to bar attorneys outright from using artificial intelligence voice transcription software during depositions, pointing out Tuesday that multiple safeguards exist to ensure accuracy.

  • October 06, 2026

    3rd Circ. Backs Hybrid Test For Categorizing Sex Offenders

    The Third Circuit on Tuesday joined its sister circuits and adopted a "hybrid" framework to determine a sex offender's appropriate category under a federal registry law by looking at the text of state laws used to charge an offender, and weighing facts from the case.

  • October 06, 2026

    Chicago Woman Sues Over Shooting By Border Patrol Agent

    A Chicago woman who was shot five times by a U.S. Border Patrol agent during an immigration enforcement operation last year sued the federal government Monday, alleging that the agent deliberately struck her car and shot her without justification while she was alerting her neighbors to the officers' presence.

  • October 06, 2026

    Ábrego García Deportation Hearing Abruptly Scrapped

    A hearing on the Trump administration's monthslong bid to deport Kilmar Ábrego García to Liberia was abruptly scrapped Tuesday afternoon, and attorneys on both sides declined to say why.

  • October 06, 2026

    Ariz. Tribe Seeks Emergency Stop To Border Wall In DC Circ.

    The Tohono O'odham Nation is asking the D.C. Circuit for an emergency injunction pending appeal to block construction of a border wall on its Arizona reservation, telling the appellate court that the U.S. Department of Homeland Security intends to start construction as early as Monday.

  • October 06, 2026

    Farmers Strike Deal With Insurer To End Crop Loss Dispute

    Two tobacco farmers in North Carolina have settled their suit seeking to recoup the cost of arbitration proceedings and other damages from a crop insurance provider accused of trying to halve their recovery for crop-related losses, federal court records show.

  • October 06, 2026

    DC Circ. Tells FCC To Respond In Fox Philly License Case

    The D.C. Circuit on Tuesday ordered the Federal Communications Commission to respond to an advocacy group's petition for court action to compel full commission review of a staff order that tossed a challenge to Fox TV's Philadelphia broadcast license.

  • October 06, 2026

    10th Circ. Revives Prosecution Of Utah Psilocybin Church

    The Tenth Circuit has revived a state court prosecution against a Utah church that uses the psychedelic psilocybin as a sacrament, saying the enforcement action did not violate religious freedoms and a lower district judge erred by halting it.

  • October 06, 2026

    3rd Circ. Judge Faces Ethics Complaint For Managing PR Firm

    A pair of U.S. senators from Delaware have filed an ethics complaint with the Third Circuit raising concerns over U.S. Circuit Judge Jennifer Mascott's purported operation of a public affairs agency, months after she was officially confirmed to the appellate court.

Expert Analysis

  • Why Pa. Push For Brownfield Renewables May Not Be Enough

    Author Photo

    A recent executive order from Pennsylvania Gov. Josh Shapiro directed state regulators to expedite siting of clean energy development on former industrial sites — but additional reforms may be needed to effectively eliminate barriers to these types of projects, says Louis Dodge at Langsam Stevens.

  • Draft Biosolids Guidance Illuminates EPA's Approach To PFAS

    Author Photo

    Recent draft guidance from the U.S. Environmental Protection Agency on mitigating risks from two "forever chemicals" in sewage sludge is not legally binding, but its recommendations may help wastewater treatment plants operators, landowners, farmers, water agencies and the public understand the agency's current thinking, says Ayodeji Ayolola at Gordon Rees.

  • 4 Words In A 1980 Law Could Redraw Bank Lending

    Author Photo

    The Tenth Circuit's interpretation of a single phrase in the Depository Institutions Deregulation and Monetary Control Act could reshape interstate bank lending, requiring banks and fintechs to document loan-making functions, monitor repayment triggers, and reassess true lender and contractual risks, say attorneys at Sheppard.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

    Author Photo

    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • Responding To State Packaging Law Uncertainty

    Author Photo

    As states roll out new packaging and recycling mandates, companies face expanding compliance duties and a growing wave of constitutional challenges that offer key lessons for managing regulatory risk, say attorneys at Crowell & Moring.

  • CMS Rule, DOJ Probes Deepen Gender Care Compliance Risk

    Author Photo

    The Centers for Medicare & Medicaid Services' final rule restricting Medicaid funding for hospitals that provide gender-affirming care is likely to face immediate litigation, but the CMS rulemaking is already working alongside U.S. Department of Justice's enforcement campaign to create operational risk for providers, say attorneys at Arnall Golden.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

    Author Photo

    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

  • How Trucking Cos. Can Tackle Risk From New DOJ Task Force

    Author Photo

    Trucking companies should audit their drivers’ credentials and address risk areas lest they attract the attention of the new Justice Department-led task force against the fraudulent licensing of immigrants as commercial truckers, which is turning former questions of administrative or regulatory noncompliance into matters for federal prosecution, say attorneys at RJO.

  • What To Expect From Colorado's New Artist Co. Structure

    Author Photo

    Colorado's newly established class of artist companies, or A-Corps, provides a useful structure for small-scale ventures, but challenges could arise for more complex business plans, and limitations on investor participation may limit widespread adoption, say attorneys at Armstrong Teasdale.

  • 2 Cases Shed Light On Invoking The 5th Before Congress

    Author Photo

    Given the anticipated increase in congressional investigations following the midterm elections, those who anticipate being in Congress' spotlight can draw valuable Fifth Amendment lessons from the ongoing case involving Dr. Anthony Fauci's testimony and the D.C. Circuit’s recent ruling in de la Torre v. Cassidy, say attorneys at King & Spalding.

  • AG Watch: Oregon Targets Consumer Costs

    Author Photo

    Oregon Attorney General Dan Rayfield's challenges to bank interest rate and escrow preemption signal heightened scrutiny of consumer costs for lending services, requiring financial institutions serving Oregon and other states with opt-out laws to reassess compliance risk, says Keturah Taylor at Cozen O'Connor.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

    Author Photo

    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

  • Money Transmission Issue Looms For Prediction Markets

    Author Photo

    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • The Deep Split Over Mandatory Detention, And What's Next

    Author Photo

    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

    Author Photo

    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

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.