Public Policy

  • September 18, 2026

    9th Circ. Asks Wash. Justices About Indirect Employer Claims

    A Ninth Circuit panel has asked the Washington State Supreme Court to clarify whether the state's law permits common law wrongful firing claims against indirect employers and certain individuals, saying the answers are key to assessing a former solar company CFO's claim he was unjustly ousted by a private equity backer.

  • September 18, 2026

    Judge Questions Whether 'Lawfare' Fund Fight Is Really Moot

    A Virginia federal judge seemed unlikely to toss a challenge to the Trump administration's nixed "Anti-Weaponization Fund" and tax audit immunity for the Trump family Friday, saying she worries the fund could be revived in a different form down the road.

  • September 18, 2026

    Kalshi Loses Bid To Lift Wash. Event Contracts Ban

    Kalshi can't lift an injunction currently barring its operations in Washington, a King County Superior Court judge ruled, denying the prediction market's request to reconsider an August order blocking the company from offering most event contracts to state residents.

  • September 18, 2026

    4th Circ. Punts Decision On Forcing FCC Political Ad Ruling

    The Fourth Circuit deferred action Friday on a request from Democrats to force a Federal Communications Commission ruling on whether broadcasters have to charge the lowest broadcast ad rates for political committees tied to candidates.

  • September 18, 2026

    CIA Officers Urge 4th Circ. To Reject DEI Firings Rehearing

    Career intelligence officers fighting their terminations following the Trump administration's anti-DEI executive orders told the Fourth Circuit Thursday that there's no point in granting an en banc rehearing of a panel's order allowing them to internally appeal the firings, arguing the panel's ruling has limited application beyond their own case.

  • September 18, 2026

    Dems Seek Probe Of Suspect Comments On DOL Proposal

    A trio of Democratic lawmakers urged the federal government to open a probe into reports that a U.S. Department of Labor proposal to expand retirement plans' access to alternative investments was flooded with fake comments, asserting the allegations raise questions about whether the public comment process has been corrupted.

  • September 18, 2026

    USDA Disclosure Rule Could Snag Energy Project Deals

    Energy infrastructure projects could be subject to sweeping foreign ownership disclosure requirements under a proposed rule from the U.S. Department of Agriculture, injecting more uncertainty into acquisition, investment and development deals.

  • September 18, 2026

    Wayne State Beats Doctor's Race Bias Suit Over Chair Job

    A Michigan federal judge tossed a Black physician's discrimination and retaliation lawsuit against Wayne State University and several officials over his unsuccessful bid to become permanent chair of the medical school's obstetrics and gynecology department, finding that he never formally applied for the job.

  • September 18, 2026

    US Asks Fed. Circ. To Reverse COVID-Era Tax Deadline Ruling

    The government asked the Federal Circuit to overturn a U.S. Court of Federal Claims decision allowing a taxpayer to recover penalties and interest he sought refunds for during the COVID-19 pandemic, saying the claims court wrongly interpreted a statutory 60-day extension as having lasted over three and a half years.

  • September 18, 2026

    CFTC Sends Crypto Rules To White House After Bill Stalls

    The U.S. Commodity Futures Trading Commission sent a crypto rule proposal to the White House for review, pushing forward with plans to craft a regulatory framework for digital assets after a landmark bill failed to advance in the U.S. Senate.

  • September 18, 2026

    Patent Atty Can't Stop His USPTO Discipline Case

    An Ohio federal court rejected a patent attorney's suit looking to stop U.S. Patent and Trademark Office disciplinary proceedings against him, saying Friday that he misread a "plain, unambiguous and easily understood" statute in making his failed constitutional challenge.

  • September 18, 2026

    NC Judge Exempts Data Center Developer From 1-Year Ban

    A state judge rejected a one-year moratorium on new data center projects that officials in Chatham County, North Carolina, enacted in February after a developer pitched a 750-megawatt project serving cryptocurrency mining operations, spending $11 million on the plan.

  • September 18, 2026

    DOI Says No Irreparable Harm In Casino Gaming Status Case

    A lawyer for the U.S. Department of the Interior told a D.C. federal judge on Friday that the Scotts Valley Band of Pomo Indians was warned several times not to rely on a 2025 gaming eligibility determination that the agency was reconsidering, but the band nevertheless went forward with opening a limited casino operation on the property.

  • September 18, 2026

    OpenAI Can't See SpaceXAI, Apple Antitrust Settlement Terms

    OpenAI cannot access a confidential settlement between Elon Musk's SpaceXAI and Apple Inc. over SpaceXAI's antitrust lawsuit challenging Apple's integration of OpenAI's ChatGPT into its devices, a Texas federal court has ruled, finding the settlement isn't relevant to the case against OpenAI.

  • September 18, 2026

    RI Judge Pulls Plug On EPA's $7B Solar Program Termination

    A Rhode Island federal judge on Friday vacated the Trump administration's decision to cancel a $7 billion solar program for low-income households, ruling that the U.S. Environmental Protection Agency lacked authority to terminate grant funding previously awarded.

  • September 18, 2026

    South Dakota Voting Notice Bid Moot After State Fixes

    A South Dakota federal judge on Friday denied as moot a League of Women Voters bid to force state election officials to correct inaccurate notices sent to new registrants limited to voting in federal elections, finding that the secretary of state adopted every change the challengers requested and is unlikely to reverse course before the November election.

  • September 18, 2026

    Transpo Tracker: Amazon Crash Suits, Md. Bridge Claims Trimmed

    In our latest Law360 Transportation Tracker, a deadly runway crash of an Amazon cargo plane has sparked a series of negligence and wrongful death lawsuits, while California scored two injunctions blocking the Trump administration's efforts to wipe out the state's Clean Air Act waivers. 

  • September 18, 2026

    NJ Justices Say No To Mass Tort For No Surprises Act Suits

    The New Jersey Supreme Court has rejected an application from five health insurers to designate 160 pending cases seeking the enforcement of alleged independent dispute resolution payment determinations issued under the federal No Surprises Act as multicounty litigation.

  • September 18, 2026

    Ariz. Launches Tax-Exempt Bond Program For Infrastructure

    Arizona property owners may form special districts to issue tax-exempt bonds to fund public infrastructure under a program that has been launched pursuant to legislation passed in June, Gov. Katie Hobbs announced.

  • September 18, 2026

    Fed. Circ. Clears Commerce's Argentine Oil Pipe Levies

    The U.S. Department of Commerce didn't double count certain oil and gas pipe produced in the U.S. in order to substantiate a petition for an antidumping investigation into such goods from Argentina that eventually resulted in a duty order, a Federal Circuit panel affirmed Friday.

  • September 18, 2026

    Mass. Court Upholds Troopers' Firings Under Vax Order

    Massachusetts' intermediate appellate court on Friday affirmed the firings of 13 state police troopers who failed to get COVID-19 vaccinations in 2021, finding that disciplinary decisions were not subject to an arbitration clause in their union contract.

  • September 18, 2026

    3rd Circ. Refuses To Pause Daniel's Law Cases Amid Appeal

    The Third Circuit on Friday refused to pause discovery in consolidated litigation accusing data brokers of violating New Jersey's judicial privacy statute, known as Daniel's Law, while it considers a First Amendment challenge to the statute.

  • September 18, 2026

    4th Circ. Weighs DEA Power To Classify HHC Schedule I

    A Fourth Circuit panel Friday appeared skeptical of the rationale the U.S. Drug Enforcement Administration used to justify designating hexahydrocannabinol, or HHC, a psychoactive compound synthesized from hemp extracts, as a Schedule I substance.

  • September 18, 2026

    NJ Flags Possible Unauthorized ICE Activity At Warehouse

    New Jersey and a local township told a federal court that they are investigating reports of U.S. Immigration and Customs Enforcement using a 470,000-square-foot warehouse as a detention center, which would violate a court order.

  • September 18, 2026

    Spokeo Says Conn. Privacy Law Targets Protected Speech

    A "first-of-its-kind" law allowing consumers to delete any online profile that contains their personal information singles out companies that publish publicly available material and imposes "draconian penalties" for speech, Spokeo Inc. and a slew of other people-search platforms said in a federal lawsuit against Connecticut's attorney general.

Expert Analysis

  • DOJ China Container Indictments Signal Global Cartel Risk

    Author Photo

    The U.S. Department of Justice's recent announcement that it had indicted Chinese manufacturers for conspiring to drive up the price of shipping containers sold in the U.S. illustrates the Antitrust Division's interest in pursuing overseas cartel conduct, especially in China, signaling that multinational companies with employees abroad should strengthen antitrust compliance to avoid running afoul of U.S. national security policy, say attorneys at Squire Patton.

  • More Cos. Will Copy SpaceX's Shareholder Proposal Opt-Out

    Author Photo

    For more than 80 years, the shareholder proposal looked like a federal right guaranteed to all public company investors, but after SpaceX opted out before its recent initial public offering, other companies are likely to follow, says Mohsen Manesh at the University of Oregon School of Law.

  • How DOJ Is Approaching Monitorship After Signaling Limits

    Author Photo

    As the U.S. Department of Justice keeps more monitors in place than expected, a look at the matters in which prosecutors are maintaining oversight reveals the sort of companies enforcers might trust to self-remediate, and also those that may receive independent supervision, say attorneys at Kendall Brill.

  • Opinion

    DHS' World Cup Influencer Warning Overreads Visa Law

    Author Photo

    The U.S. Department of Homeland Security’s reported position that foreign influencers covering the 2026 World Cup need work visas if their content is monetized runs contrary to both legislative intent and long-standing precedent that structure the visa inquiry around labor market substitution, says Jun Li at Reid & Wise.

  • 3 Steps For Banks As Section 1071 Rule Finally Becomes Final

    Author Photo

    Some community banks and other lenders will get some breathing room in the final Section 1071 rule exempting them from small business lending reporting duties, but other reporting institutions should update applications, systems and staff training ahead of the 2028 compliance date, says Memrie Fortenberry at Jones Walker.

  • Why DOE Isn't Phasing Out Appliance Efficiency Regs

    Author Photo

    While the U.S. Department of Energy recently acted on President Donald Trump's 2025 executive order requiring it to consider sunsetting many energy regulations, the DOE has not proposed phasing out efficiency standards for appliances and industrial equipment — but it could pursue other approaches to ease such requirements, say attorneys at HWG.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

    Author Photo

    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Class Actions At The Circuit Courts: June Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

    Author Photo

    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Takeaways From 1st Del. Ruling Applying Moelis Amendments

    Author Photo

    Delaware corporations should carefully review contractual arrangements and governance documents following the Court of Chancery's recent enforcement of a non-Delaware forum selection clause in a CEO's employment agreement under 2024 amendments to the state's General Corporation Law, say attorneys at Morgan Lewis.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

    Author Photo

    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

    Author Photo

    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

    Author Photo

    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

    Author Photo

    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • Constructing AI Compliance Plans As State Laws Diverge

    Author Photo

    With Colorado, Connecticut and the federal government recently announcing wildly different approaches to artificial intelligence regulation, creating a workable compliance program means addressing overlapping obligations using shared systems rather than separate silos, say attorneys at Ogletree.

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.