Public Policy

  • September 17, 2026

    10th Circ. Debates Bid To Revive Colo. Atty Fee Law Challenge

    Colorado residents and community watch groups urged the Tenth Circuit on Thursday to revive their constitutional challenge against a Colorado law that mandates attorney fee awards to local governments in certain land use disputes, fielding court questions on the case's reviewability and whether sovereign immunity applies.

  • September 17, 2026

    Trump Withdraws ICE Nominee Schroyer After Senate Delay

    The White House announced Thursday that it withdrew President Donald Trump's nomination of former Oklahoma state trooper Lance Schroyer to lead U.S. Immigration and Customs Enforcement after his nomination stalled in the Senate.

  • September 17, 2026

    EPA Sued Over Power Plant Greenhouse Gas Rule Repeal

    Environmental and public health groups on Thursday sued the U.S. Environmental Protection Agency over its repeal of greenhouse gas emissions standards for power plants, accusing the agency of renouncing its legal obligation to tackle climate change-related pollution from the power sector.

  • September 17, 2026

    DHS Says Western Hemisphere Asylum Claims Are Meritless

    U.S. Department of Homeland Security General Counsel James Percival sent a letter to the American Immigration Lawyer's Association this week warning that attorneys who file frivolous asylum applications will be "subject to penalties."

  • September 17, 2026

    Michigan Court Pilot Aims To Aid Unrepresented Litigants

    The Michigan Supreme Court announced Wednesday that it is launching a pilot project, based on recent reforms in Utah and Arizona, that will allow trained nonlawyers to provide in-court support to people who cannot afford a lawyer in civil cases.

  • September 17, 2026

    Tribe Says HHS Defied High Court On Contract Funding

    A California tribe has sued the U.S. Department of Health and Human Services and its Indian Health Service in Washington, D.C., federal court, accusing them of unlawfully slashing about $2.37 million in contract support costs to less than $100,000.

  • September 17, 2026

    Judge Nixes DEI Conditions For Federal Education Funds

    A Massachusetts federal judge Thursday found the U.S. Office of Management and Budget cannot stipulate education research funding on rooting out diversity, equity and inclusion initiatives, but declined to force the government to spend certain education funds before they expire this month.

  • September 17, 2026

    Ore. Judge Denies HHS' Attempt To Amend Gender Care Order

    An Oregon federal judge on Thursday rejected the Trump administration's bid to narrow an earlier order that voided a policy declaration central to the government's crackdown on gender-affirming care for minors.

  • September 17, 2026

    Weaponization Fund Plaintiffs Say Discovery Ruling Was Right

    Plaintiffs suing over the Trump administration's once-proposed "anti-weaponization fund" are telling a Virginia federal judge to reject the U.S. Department of Justice's objections to a magistrate judge's discovery order, accusing the administration of stonewalling their requests and urging prompt discovery production.

  • September 17, 2026

    Industry Groups, IP Attys Back High Court PTAB Denials Case

    The bar association for the Patent Trial and Appeal Board, a group of intellectual property law attorneys and others have urged the U.S. Supreme Court to scrutinize the discretionary denial policies of current U.S. Patent and Trademark Office leadership.

  • September 17, 2026

    Colo. $2B Graduated Tax Proposal Faces Signature Challenge

    A proposal to cut Colorado income tax rates for most earners, raise rates for high earners and raise $2 billion annually failed to gather the signatures needed to reach the state's November ballot, a lawsuit against state election officials charges.

  • September 17, 2026

    Groups Seek 4.4 GHz Revamp, But Clash On Exclusive Use

    Top wireless carriers and shared-spectrum advocates issued reports this week saying the government needs to set the 4 gigahertz band on a path toward industry use, but are at odds on whether to set aside the airwaves for full-power exclusive licenses.

  • September 17, 2026

    DOJ Official Says Political Appointees Play Antitrust Role

    Associate Attorney General Stanley E. Woodward Jr. on Thursday defended the role political appointees play in enforcing antitrust laws, saying it would be "blatantly unconstitutional" if U.S. Department of Justice leadership merely deferred to unelected officials.

  • September 17, 2026

    Electricity Tax Rules Kept In Irish EU Reg Draft, Over Protests

    The Irish government, currently leading the Council of the European Union, kept rules requiring tax rates on electricity to be no less favorable than those on natural gas in its revision of a draft EU regulation, despite some member states' objections, according to a document obtained Thursday by Law360.

  • September 17, 2026

    Judge Finds NM PFAS Label Likely Violates First Amendment

    A New Mexico federal judge temporarily blocked the state from requiring manufacturers to place a PFAS label on any product intentionally made with forever chemicals, finding the groups opposed to the mandate likely have First Amendment grounds to challenge it.

  • September 17, 2026

    Judge Nixes Workers' Bid To Halt IRS Withholding Rules

    A Texas federal judge dismissed two workers' claims that the Internal Revenue Service's income tax withholding regulations resulted in employers overdeducting taxes from their employees' paychecks, finding that federal law bars the workers' bid to prevent tax collection.

  • September 17, 2026

    Senate Confirms Kirkland Partner To Texas Federal Bench

    The Senate voted 49-45 on Thursday to confirm Kasdin Miller Mitchell, a partner at Kirkland & Ellis LLP, to serve as a U.S. district judge for the Northern District of Texas.

  • September 17, 2026

    NIH Grant Terminations Violate First Amendment, Court Told

    The National Institutes of Health is violating the First Amendment by terminating research grants based on policies aimed at suppressing "disfavored" viewpoints on gender identity, climate change and a host of other topics, researchers told a California federal court in a proposed class action suit.

  • September 17, 2026

    Cruz, Markey Urge Senate To Pass Bill On AM Radio In Cars

    Senate Commerce Committee Chairman Ted Cruz, R-Texas, and Sen. Edward J. Markey, D-Mass., have called on the Senate to advance the AM Radio for Every Vehicle Act following its passage in the House of Representatives.

  • September 17, 2026

    Tech Co. Settles Suit Over Flawed NC Digital Court System

    A putative class of individuals who alleged they were wrongfully arrested or detained due to glitches in North Carolina's electronic court system has settled its federal lawsuit against Tyler Technologies, the software developer behind the new digital court system, according to a notice filed Wednesday.

  • September 17, 2026

    Canada Commits To Trade Initiatives With EU, Southeast Asia

    Canadian Prime Minister Mark Carney on Thursday committed to work with European Union officials to enhance the trading relationship between the bloc and Canada as the country's top trade official is scheduled to visit major partners in Asia in the coming days to advance negotiations on trade agreements.

  • September 17, 2026

    Tenn. Prosecutor Immune In $850K Hemp Seizure Suit

    A Tennessee federal judge has dismissed a hemp distributor's claims against a district attorney general over 216 pounds of hemp that was seized, then destroyed, following a 2023 traffic stop, finding he has prosecutorial immunity.

  • September 17, 2026

    Calif. Judge Holds Off On Sanctioning ICE Amid GEO Talks

    A California federal judge deferred imposing sanctions on U.S. Immigration and Customs Enforcement on Thursday after the agency said it's working to give monitors access to health records for detained immigrants at a facility where the judge has twice ordered conditions to be improved.

  • September 17, 2026

    Minn. Homeowner Asks Justices To Undo Costs Order

    A self-represented Minnesota homeowner's effort to throw out tax court order recovering a county's litigation costs in a property valuation dispute will go before the state Supreme Court, according to a writ of certiorari filed Thursday.

  • September 17, 2026

    1st Circ. Lets HUD Shift $1.3B In Homelessness Aid

    A First Circuit panel said the U.S. Department of Housing and Urban Development may redirect $1.3 billion in homelessness funding from programs that focus on permanent housing to those supporting temporary shelter and assistance, finding the Trump administration likely was not required to go through a notice-and-comment procedure.

Expert Analysis

  • 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.

  • FTC Focus: A Shift In The Pricing Disclosure Terrain

    Author Photo

    Recent state and Federal Trade Commission developments spotlight materially different ways in which personalized pricing might be addressed, which could result in an increasingly fragmented regulatory landscape in which businesses face differing disclosure obligations and substantive restrictions depending upon the jurisdiction, say attorneys at Proskauer.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

    Author Photo

    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Compliance Lessons From Agriculture Co. Mexican Bribe DPA

    Author Photo

    Agricultural company Scoular’s recently announced deferred prosecution agreement over alleged Foreign Corrupt Practices Act violations at the U.S.-Mexico border reinforces the U.S. Department of Justice’s focus on cartels, and companies must accordingly ensure they address risks associated with the use of customs brokers, says Adam Safwat at Foley Hoag.

  • OpenAI Deal Highlights AI Hiring Risks In PERM Process

    Author Photo

    The U.S. Department of Justice's recent settlement of allegations that OpenAI discriminated against U.S. applicants for positions connected to the permanent labor certification process underscores that employers providing or using artificial intelligence must align their recruitment practices with their overlapping compliance obligations, say attorneys at Duane Morris.

  • 5 Practice Tips After DOJ's Healthcare Fraud Declination

    Author Photo

    In light of the U.S. Department of Justice's decision to not prosecute Campus Eye Management under the agency's new corporate enforcement and voluntary self-disclosure policy, healthcare companies should keep several considerations in mind when weighing their risk and self-disclosure strategy, including the distinctions between reporting to the DOJ versus other government agencies, say attorneys at Haynes Boone.

  • What Bulk-Power Gear Import EO Means For US Energy Cos.

    Author Photo

    Though President Donald Trump's recent executive order restricting imports of foreign-produced bulk-power system electrical equipment imposes no immediate obligations on private parties, stakeholders can take near-term steps to mitigate supply chain and contractual risks, as much of the order's ultimate impact will depend on implementing regulations, say attorneys at Orrick.

  • Assessing The Early Days Of Woodcock's SEC Tenure

    Author Photo

    Since David Woodcock took over the U.S. Securities and Exchange Commission's Division of Enforcement four months ago, the division has pursued a scaled-back caseload centered on fraud and manipulative conduct, largely following the enforcement outlook that emerged under SEC Chairman Paul Atkins, say attorneys at Akerman.

  • AI And AML: Rulemakings Lean Into Responsible Innovation

    Author Photo

    Recent federal rulemaking increasingly supports deployment of artificial intelligence tools for anti-money laundering compliance purposes, and institutions that build clear use and governance frameworks will be best positioned to defend programs when AI systems err, say attorneys at Paul Hastings.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

    Author Photo

    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

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.