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

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

    Author Photo

    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • CISA Town Halls Signal Key Cyber Rule Changes Ahead

    Author Photo

    The Cybersecurity and Infrastructure Security Agency recently held a series of town halls to gather additional stakeholder input on the Cyber Incident Reporting for Critical Infrastructure Act, offering potential insights into how the agency may address key issues in a forthcoming final rule, say attorneys at Covington.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

    Author Photo

    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Home Equity Products Face Expanding Regulatory Patchwork

    Author Photo

    Home equity investment providers, which have recently come under scrutiny from regulators and industry groups, face meaningful burdens as the U.S. Senate and a growing number of states take divergent regulatory approaches, with no uniform standard likely anytime soon, say attorneys at Bradley.

  • How Orbital Data Centers May Test NEPA's Reach

    Author Photo

    With environmental and scientific groups recently pushing back against the Federal Communications Commission's proposal to exempt massive data center satellite constellations from review under the National Environmental Policy Act, the question of whether NEPA even applies to projects in space turns on three closely related issues, say attorneys at Morgan Lewis.

  • How Subchapter V Bill May Change Restructuring Analysis

    Author Photo

    While a recently passed Senate bill would expand the pool of businesses eligible to use the streamlined Subchapter V process, its more significant influence may be on how distressed businesses and their lenders evaluate restructuring alternatives long before a bankruptcy petition is filed, says Robert Charbonneau at Agentis.

  • Series

    Ballet Makes Me A Better Lawyer

    Author Photo

    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Illinois BNPL Law Casts Wide Net Over Loan Providers

    Author Photo

    A new Illinois law's broad definition of buy now, pay later providers under its new dedicated licensing and supervisory regime notably imposes conduct standards similar to other consumer credit regimes and aggressively looks through a wide range of business activities and arrangements, say attorneys at Ashurst Perkins.

  • BIA Ruling Calls For Analyzing Advance Parole Travel's Risks

    Author Photo

    The Board of Immigration Appeals’ recent policy reversal, holding that a temporary trip abroad pursuant to advance parole counts as a departure under the Immigration and Nationality Act, means counsel should assess their clients' immigration history and potential risks of travel before they depart, says attorney Richard Herman.

  • What Cos. Should Know About DOE Energy Dominance Loans

    Author Photo

    With the U.S. Department of Energy's Office of Energy Dominance Financing set to become a vital resource for funding U.S. energy and critical minerals projects, interested companies must understand the terms of potential loans and take into account the applicable financial, technical, legal and regulatory requirements, say attorneys at Mayer Brown.

  • How Jackson Walker Settlement Will Affect Conflict Checks

    Author Photo

    Jackson Walker's recently filed $15 million settlement with the U.S. Trustee is effectively a contract between one firm and the government that will nevertheless serve as a template of conflict disclosure practices for all firms practicing in the bankruptcy courts, says attorney Ken Rosen.

  • Scope Issues For Cos. To Consider Ahead Of Cyber Rules

    Author Photo

    As the Cybersecurity and Infrastructure Security Agency finalizes its proposed Cyber Incident Reporting for Critical Infrastructure Act rules, organizations can take steps to navigate the uncertainty that stems from inconsistent critical infrastructure sector definitions and overlapping sector boundaries, say attorneys at Wiley.

  • DOJ Fraud Declination Highlights Self-Disclosure Tradeoffs

    Author Photo

    As exemplified by the U.S. Department of Justice's declination of charges against Campus Eye Management under its new corporate enforcement policy, self-disclosure can be an attractive option for healthcare companies navigating criminal exposure, but should be weighed against potential costs, say attorneys at Morgan Lewis.

  • What Nonbank Lenders Should Watch In 'Open Banking' Redo

    Author Photo

    Nonbank mortgage lenders should prepare for several key changes in the Consumer Financial Protection Bureau's anticipated open banking rule rewrite that could reshape verification costs, vendor relationships and loan workflows, says Kara Ward at Baker Donelson.

  • SEC's Long-Awaited Crypto Rule Is 1st Piece Of Larger Puzzle

    Author Photo

    The U.S. Securities and Exchange Commission's recently proposed crypto rule provides issuers with a workable exempt offering framework but leaves holder-side questions for forthcoming rules, meaning compliance officers and counsel will have to work from an incomplete picture for now, says Josh Burton at Silver Regulatory Associates.

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.