Public Policy

  • September 04, 2026

    Md. Judge Says ICE Warrantless Arrest Requires Release

    A Maryland federal judge ordered U.S. Immigration and Customs Enforcement on Friday to immediately release a noncitizen who entered the U.S. in 2025 on a B-2 visitor visa, finding that immigration officers wrongfully arrested her without a warrant.

  • September 04, 2026

    FCC Bans People Convicted Of Fraud From USF

    Seven people who abused the Federal Communications Commission's E-rate program, which subsidizes the cost of internet service for schools and libraries, have been forever banned from participating in any of the agency's other internet subsidy programs.

  • September 04, 2026

    Wash. AG Opposes PacifiCorp $1.9B Sale Of State Assets

    The Washington Attorney General's Office has asked the state's Utilities and Transportation Commission to reject Pacific Power and Light Co.'s $1.9 billion sale of its Washington service area to Portland General Electric, saying the deal would raise costs and cut customers off from one of the state's clean energy sources.

  • September 04, 2026

    Advocates Slam SpaceX Proposal To Cut FCC High-Cost Aid

    SpaceX's suggestion that the Federal Communications Commission "wind down and sunset" the agency's multibillion dollar program that provides subsidies for installing broadband in high cost, hard-to-serve places, is a bad one, say rural broadband advocates.

  • September 04, 2026

    4 Texas Supreme Court Oil & Gas Cases To Watch This Term

    The new term of the Texas Supreme Court initially appears light on oil and gas litigation, but Lone Star State attorneys told Law360 there are still a handful of cases that could have broad implications for the industry.

  • September 04, 2026

    3rd Circ. Preview: Penn State TM Row, NFL Agent Poaching Suit

    The Third Circuit in September is set to decide whether a print-on-demand company's collegiate apparel counts as counterfeit Penn State merchandise and if two former Philadelphia detectives can escape a $16 million judgment for a wrongfully convicted murder suspect.

  • September 04, 2026

    DOJ Ordered To Turn Over 'Weaponization' Fund Discovery

    A Virginia federal magistrate judge ordered the Trump administration Friday to move quickly in turning over documents connected to its proposed "Anti-Weaponization Fund," including the names of those who structured it before the idea was shot down in several federal courts and withdrawn by the U.S. Department of Justice.

  • September 04, 2026

    Vertex Fertility Aid Plan Would Violate Kickback Law

    A D.C. Circuit panel said Friday that a proposed Vertex Pharmaceutical program that would offer gene therapy patients financial support for fertility services violates the Anti-Kickback Statute, finding the initiative could be an unlawful inducement to purchase a certain medical treatment.

  • September 04, 2026

    Injury Law Roundup: Meta's Social Media Addiction Deal

    A $17.1 billion social media addiction settlement between Meta and 29 states and Johnson & Johnson's $5.5 billion ovarian cancer deal over its talc products lead Law360's Injury Law Roundup.

  • September 04, 2026

    9th Circ. Restores Idaho Abortion Ban Enforcement, For Now

    The Ninth Circuit will allow Idaho to fully enforce its abortion ban while the state briefs its request for emergency relief from an order that blocked the ban's application in certain health-related circumstances and declared a fundamental right to some abortions under the U.S. Constitution.

  • September 04, 2026

    Top Groups Lobbying The FCC

    Lobbying activity at the Federal Communications Commission dropped off in August, but dozens of groups still sought to affect agency policies in areas such as media ownership caps, satellite spectrum sharing, network modernization and more.

  • September 04, 2026

    11th Circ. Rules Fla. Worker Immune From Inmate Injury Suit

    The Eleventh Circuit rejected a prisoner's suit against a St. Lucie County, Florida, employee over an injury the employee caused on a worksite, finding that there was no Eighth Amendment violation and the employee is entitled to qualified immunity.

  • September 04, 2026

    EPA Calls SD Tribe's Uranium Mine Challenge 'Flimsy'

    The U.S. Environmental Protection Agency has asked the Eighth Circuit to throw out a challenge by the Oglala Sioux Tribe and activist groups against EPA actions letting an energy technology company conduct uranium mining in the Black Hills of South Dakota.

  • September 04, 2026

    Judge Again Blocks USPS Mail Ballot Rule

    A Massachusetts federal judge late Friday again blocked the U.S. Postal Service from implementing a new rule that would allow it to refuse delivery of mailed ballots in this November's midterm elections.

  • September 04, 2026

    Full 2nd Circ. To Rehear Student's Speech Removal Case

    The en banc Second Circuit will rehear a panel decision holding that a Vermont federal judge lacked authority to order immigration officials to release Palestinian green-card holder Mohsen Mahdawi, who contends the Trump administration wants to deport him over his political speech.

  • September 04, 2026

    Lawmakers Say DOD To Divert NIH Funds For Defense Budget

    The U.S. Department of Defense is looking to "siphon" billions of dollars from the National Institutes of Health intended for biomedical research to supplement the agency's budget, according to top Democrats on the House and Senate Appropriations Committees.

  • September 04, 2026

    Passengers Say State Laws Offer No Immunity In Lyft MDL

    Lyft Inc. passengers are urging a California federal court to reject the company's bid to throw out their claims in multidistrict litigation that it failed to protect them from sexual assault, saying no Texas or California law or regulation offers the immunity Lyft seeks.

  • September 04, 2026

    FCC Pays Back $3.08B 'Rip And Replace' Treasury Loan

    After completing a spectrum auction directed by federal law, the Federal Communications Commission said Friday that it has repaid a $3.08 billion loan from the U.S. Treasury that it used to fill a funding gap in the "rip and replace" network security program.

  • September 04, 2026

    Ex-Budget Official Asks To Avoid Prison In Conn. Bribery Case

    Former Connecticut budget official Konstantinos Diamantis asked a federal judge Friday to spare him from a potential decade-plus prison sentence after his conviction for demanding and accepting bribes, citing factors including his advanced age and loss of his law license.

  • September 04, 2026

    Justices Let FCC's New Campaign Ad Rates Take Effect

    The U.S. Supreme Court on Friday cleared the way for the Federal Communications Commission to extend discounted television and radio advertising rates previously reserved for political candidates to political parties and joint fundraising committees that buy spots in coordination with candidates.

  • September 04, 2026

    Mich. High Court Won't Force Citizenship Measure Onto Ballot

    The Michigan Supreme Court has refused to order election officials to place on the November ballot a proposed constitutional amendment requiring proof of citizenship to vote, with some justices calling for changes in the state's rules for validating petition signatures.

  • September 04, 2026

    NRA Urges Colo. Judge To Block Denver's Open Carry Ban

    The National Rifle Association, Colorado's official branch of the NRA and two gun owners urged a federal judge Friday to block the enforcement of city and state laws that ban nonresidents from openly carrying firearms in Denver, calling the ban "plainly unconstitutional."

  • September 04, 2026

    Conn. AG, DOJ Rebuked For Bad Citations, Misquote In Filings

    A Connecticut federal judge has cautioned attorneys at the U.S. Department of Justice and the Connecticut Office of the Attorney General to clean up their work after they submitted notices fixing bad case citations and a misquotation in their litigation over a state law.

  • September 04, 2026

    Ex-NBA Player Sues Chicago Sky Over WNBA Game Ejection

    Former NBA player Enes Kanter Freedom has sued the Chicago Sky, the city of Chicago and the owner of Wintrust Arena in Illinois federal court, alleging they violated his free speech rights by ejecting him from an August WNBA game and indefinitely banning him from the arena because of his views on transgender participation in women's sports.

  • September 04, 2026

    Nebraska High Court Rejects Bid To Void Medical Cannabis

    The Nebraska Supreme Court on Friday rejected an effort by state officials to void medical marijuana legalization measures that were approved by supermajorities of state voters, saying the lower court was right to dismiss the challenge.

Expert Analysis

  • How Axing SEC Trade-Through Rule Could Reshape Markets

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    The proposed elimination of a Securities and Exchange Commission rule that mandates a price benchmark for equity securities trades could allow blockchain-based trades to compete with legacy frameworks in registered markets, potentially serving as a test case for updated regulatory models, say Alex Zozos at Superstate, and Lewis Rinaudo Cohen and Edward Leaf at Cahill Gordon.

  • What Regulatory 'Reputation Risk' Purge Means For Banks

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    Banks should expect closer scrutiny of account closures and service denials after federal regulators recently stripped "reputation risk" from supervisory guidance, and should tie customer decisions to documented, objective legal and financial criteria to protect against debanking-related enforcement, say attorneys at Troutman.

  • Student Loan Revamp Leaves Bankruptcy Untouched

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    Recent changes to the Graduate PLUS student loan program may moderate borrowing and simplify repayment, but they may also shift financial distress into a bankruptcy system whose treatment of educational debt remains largely unchanged, say Jaclynn McDonnell at Stevens & Lee.

  • What 'Good Faith' Means In Calif.'s 1st Climate Reporting Year

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    Initial submissions to California's corporate greenhouse gas emissions reporting program are due this month — and for regulated businesses, the first-year issue is not whether CARB has answered every implementation question, but how a company can make its good faith compliance efforts provable later, says Thierry Montoya at FBT Gibbons.

  • 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.

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