Public Policy

  • 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.

  • September 18, 2026

    Attys 'Itching' To Join Congressional Probes Of Trump Admin

    Efforts to recruit high-powered lawyers to Capitol Hill to potentially lead congressional committee probes into the various dealings of President Donald Trump's administration are gaining momentum as Democrats push to retake control of Congress in the quickly approaching midterm elections.

  • September 18, 2026

    Trump Admin Faces New Suit Over Public Charge Rule

    The Trump administration has been hit with another lawsuit in New York federal court challenging its new rule giving immigration officers wider discretion to deny noncitizens a green card if they're found to likely become a "public charge."

  • September 18, 2026

    Hotel Chelsea Renovation Dispute Headed For Trial

    A New York federal judge set a November trial date in a $100 million lawsuit accusing New York City of halting construction on six years of renovations to the historic Hotel Chelsea after a tenant upset over the work asked city officials to check if the property needed a permit.

  • September 18, 2026

    Colo. Defends Recycling Law From Wholesalers' Challenge

    Colorado's top environmental regulator urged a federal judge to reject a wholesalers group's bid to block a state recycling program, arguing it is unlikely to win on any of its five constitutional claims and has not shown it will suffer harm that cannot be addressed later on.

  • September 18, 2026

    Chief US District Judge In SC To Take Senior Status Oct. 1

    Chief U.S. District Judge Timothy Cain of the District of South Carolina has informed the president that he will be taking semiretired status on Oct. 1, according to an update posted Friday by the federal judiciary.

  • September 18, 2026

    FCC OKs Swedish Lawnmower Robots Amid Foreign Ban

    For the first time since banning all foreign-made robots from being imported into the country, the Federal Communications Commission is making an exception for certain Swedish-made robotic lawnmowers.

  • September 18, 2026

    Hartford Unit Must Defend Tax Lien Cos. In 'Eviction' Case

    An Illinois federal judge said a Hartford unit must defend tax lien purchasing companies from class actions alleging the companies profited from an unconstitutional tax sale process, rejecting the insurer's arguments that the underlying property owners did not allege they were wrongfully evicted.

  • September 18, 2026

    TerrAscend Says Feds Sued Fake Co. In $8M Clawback Suit

    Multistate cannabis operator TerrAscend USA Inc. asked a New Jersey federal court to throw out the federal government's suit seeking to claw back an $8 million tax refund, saying the government sued a nonexistent entity and even if it substituted the correct one, the suit still wouldn't belong in New Jersey.

Expert Analysis

  • EPA Guidance May Simplify On-Site Power For Data Centers

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    At a moment when wait times to connect large loads to the electric grid can stretch into years, two recent U.S. Environmental Protection Agency guidance documents seek to make it easier for data center developers to set up on-site power generation — but much will depend on how quickly states and localities update their own rules, say attorneys at Alston & Bird.

  • Fed's Capital Rule Proposal Could Help Banks Stay Mutual

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    The Federal Reserve Board's recent proposal to comprehensively rewrite its capital rule and reduce procedural requirements for mutual holding companies would support community banking by allowing mutual institutions new ways to fund growth without converting to stock form, say attorneys at Nutter.

  • 8(a) Firms Face New Risks From Pass-Through Arrangements

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    ​Prime contractors and subcontractors with pass-through arrangements involving the Small Business Administration's 8(a) business development program should ensure they are prepared for heightened litigation risks created by the administration’s use of False Claims Act whistleblowers to target fraud in diversity, equity and inclusion programs, say attorneys at RJO.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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