Public Policy

  • January 27, 2026

    Fed. Circ. Snubs Google's 'Settled Expectations' Challenge

    The Federal Circuit on Tuesday turned down Google's challenge to the U.S. Patent and Trademark Office's policy of denying patent reviews based on the owner's "settled expectations," marking the latest failed case disputing the agency's changes to the Patent Trial and Appeal Board.

  • January 27, 2026

    8th Circ. Won't Reinstate ICE Injunction In Minneapolis

    An Eighth Circuit panel has refused to reinstate a lower court's injunction barring federal immigration agents from retaliating against peaceful protesters in Minneapolis, ruling that it is unlikely to survive an appeal from the Trump administration.

  • January 27, 2026

    Minn. Judge Summons ICE Head For Contempt Hearing

    U.S. Immigration and Customs Enforcement's acting director Todd Lyons must personally appear in Minnesota federal district court to face a contempt hearing, a judge ruled, after ICE failed to release a detained Ecuadorian citizen.

  • January 27, 2026

    Reporting Duty Doesn't Nix Whistleblower Status, Court Finds

    Massachusetts' top appellate court ruled Tuesday that a former employee of a Boston community college was entitled to whistleblower protections for reporting that the college had not told the U.S. Department of Education about an alleged sexual assault, even though he shared in the reporting responsibility.

  • January 26, 2026

    First Native American Justice In Wash. Won't Seek Reelection

    Washington Supreme Court Justice Raquel Montoya-Lewis, the first Native American to win statewide office in the Evergreen state, announced Monday that she wouldn't seek reelection to the high court this year and would instead step down at the end of 2026 to focus on writing books and teaching.

  • January 26, 2026

    Senate Antitrust Chair Flags Concerns In Netflix-Warner Deal

    Netflix's proposed $82.7 billion purchase of Warner Bros. Discovery's studios and HBO streaming businesses risks being a "killer non-acquisition," Sen. Mike Lee has reportedly told the media giants' chief executives, expressing concern that a likely lengthy merger review could leave Warner Bros. in a weakened state.

  • January 26, 2026

    11th Circ. Won't Expedite Bid To Halt CFPB Energy Loan Rule

    The Eleventh Circuit declined Monday to fast-track an appeal aimed at halting a new Consumer Financial Protection Bureau rule on clean-energy home improvement loans, rebuffing the rule's trade group challenger as the agency separately defended the Biden-era measure.

  • January 26, 2026

    Minn. Refugees Sue Trump Admin Over 'Warrantless' Arrests

    Refugees living in Minnesota have filed a proposed class action urging a federal court to block the U.S. Department of Homeland Security from targeting them and other lawfully admitted refugees in the state with warrantless arrests and unauthorized detentions.

  • January 26, 2026

    Denver Faces Lawsuit Over Flavored Tobacco Ban

    A trade group representing 125 small business owners and manufacturers in Colorado's vaping industry has told a Colorado state court that an ordinance passed by the city banning the sale of flavored tobacco products is unconstitutional.

  • January 26, 2026

    Southern Glazer's Wants To Compare FTC Case To Kroger

    Southern Glazer's Wine and Spirits LLC urged a California federal judge Friday to give it key material from the Federal Trade Commission's successful challenge to the Kroger-Albertsons merger, sparring with the FTC on arguments that the agency is contradicting itself in a price discrimination lawsuit.

  • January 26, 2026

    Minn. Judge Probes Limits Of ICE Enforcement Actions

    A Minnesota federal judge on Monday considered whether to preliminarily block the Trump administration from sending thousands of immigration enforcement officers to the state, questioning if the surge is a coercive federal act in violation of state sovereignty.

  • January 26, 2026

    Long Island Town Says Cannabis Law Doesn't Preempt Zoning

    A Long Island town has told a New York intermediate appellate court that the state's cannabis law cannot preempt localities from enforcing their zoning policies when it comes to allowing where marijuana stores can be located.

  • January 26, 2026

    2 GOP Lawmakers Urge Justices To End Birthright Citizenship

    A pair of Republican lawmakers is backing President Donald Trump's push for the U.S. Supreme Court to end birthright citizenship, filing an amicus brief Friday claiming that the Fourteenth Amendment doesn't automatically grant citizenship to all children born on U.S. soil.

  • January 26, 2026

    DOJ Can't Sue Mich. To Stop 'Hypothetical' Climate Claims

    A Michigan federal judge ruled on Saturday that the U.S. Department of Justice cannot preemptively block the state from filing climate-related claims against the fossil fuel industry, adding there's no precedent for such a move being allowed in the long history of state litigation against national industry groups.

  • January 26, 2026

    Truck Makers Say Calif. Delaying 'Clean Trucks Pact' Fight

    Heavy-duty truck manufacturers on Monday accused California officials of trying to delay litigation over a 2023 agreement that would saddle manufacturers with stringent state emissions standards and stiff penalties for noncompliance in the coming years.

  • January 26, 2026

    IP Notebook: Nutcracker Suit, Copyright Termination, Playboy

    This edition of Law360's overview of emerging copyright and trademark trends delves into a Fifth Circuit decision that tests the territorial boundaries of copyright law, and a dispute over "stream-ripping" on YouTube that has artificial intelligence companies weighing in.

  • January 26, 2026

    Citadel Securities Lobbies SEC For $119M CAT Fee Refund

    Citadel Securities is pressing for the return of $119 million it argues was unlawfully collected to fund a key market surveillance database known as the consolidated audit trail, telling the U.S. Securities and Exchange Commission the collection of the fees violated an Eleventh Circuit decision.

  • January 26, 2026

    Colo. High Court Says Xcel's Immunity Bid Went Too Far

    A Colorado regulatory agency lacked the authority to approve a tariff limiting Xcel Energy's liability from a man's personal injury claim, the Colorado Supreme Court held Monday in a ruling that also rejected an appellate court's finding that the tariff does not extend to non-Xcel customers.

  • January 26, 2026

    8th Circ. Rejects DOJ Bid For Minn. Church Protest Warrants

    An Eighth Circuit panel denied the Trump administration's push to secure arrest warrants for five people it accused of unlawfully disrupting a church service to protest immigration enforcement operations in Minneapolis after a federal judge refused to issue them.

  • January 26, 2026

    Tribe, Enviro Groups Look To Vacate Alaska Gold Mine Permit

    Conservation groups and an Alaskan tribe are seeking to void a U.S. Army Corps of Engineers permit to expand gold mining operations at the headwaters of the Johnson River, arguing that the agency violated a slew of environmental laws regarding potential effects to Cook Inlet beluga whales.

  • January 26, 2026

    Justices' FCC Review Could Reshape IRS Penalty Disputes

    The U.S. Supreme Court's upcoming review of a pair of cases questioning the validity of the Federal Communications Commission's penalty authority could have ripple effects that further delineate the Internal Revenue Service's authority to impose penalties.

  • January 26, 2026

    Google Targets Publishers' Ad Tech Claims

    Google asked a New York federal judge to cut out a wide swath of antitrust claims from multidistrict litigation targeting its advertising placement technology dominance, assailing in separate briefs allegations from a class of website publishers and from the Daily Mail and Gannett.

  • January 26, 2026

    Fed. Gov't Refiles Suit Demanding Ga. Voting List

    A federal judge in Macon, Georgia, cited lack of jurisdiction Friday as he tossed a lawsuit by the Trump administration demanding the state hand over an unredacted voter registration list, prompting the federal government to refile the suit in Atlanta.

  • January 26, 2026

    3rd Circ. Finds NJ Officials Shielded From COVID Deaths Suit

    A proposed class action on behalf of the families of roughly 10,000 nursing home residents who died early in the COVID-19 pandemic cannot proceed against New Jersey officials over their response, the Third Circuit has ruled, finding the officials are protected through qualified immunity.

  • January 26, 2026

    Sens. Offer Crypto Bill Amendments As Storm Delays Markup

    The Senate Agriculture Committee said Monday that it will postpone its markup of a bill to regulate crypto markets to Thursday in light of the weekend's winter storm, while Democrats submitted proposals to insert ethics language and ensure appointments to the U.S. Commodity Futures Trading Commission.

Expert Analysis

  • Navigating A Sea Change In Rent Algorithm Regulation

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    The U.S. Department of Justice's proposed settlement of the RealPage lawsuit represents a pivotal moment in the regulation of algorithmic rent-setting, restraining use of these tools amid a growing trend of regulatory limits on use of algorithmic data and methodologies in establishing housing rental prices. say attorneys at Wilson Elser.

  • Tariffs And Trade Volatility Drove 2025 Bankruptcy Wave

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    The Trump administration's tariff regime has reshaped the commercial restructuring landscape this year, with an increased number of bankruptcy filings showing how tariffs are influencing first‑day narratives, debtor-in-possession terms and case strategies, say attorneys at Thompson Hine.

  • Insuring Equality: 3 Tips To Preserve Coverage For DEI Claims

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    Directors and officers and employment practices liability are key coverages for policyholders to review as potentially responsive to the emerging liability threat of Trump's executive orders targeting corporate diversity, equity and inclusion policies and practices, says Micah Skidmore at Haynes Boone.

  • Perspectives

    Justice Requires Excluding Manner Of Death As Evidence

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    A recent report showing that the unstandardized and subjective U.S. system of medicolegal death investigations contributes to unjust convictions should prompt courts and lawmakers to reject manner of death testimony in favor of more transparent and testable forensic evidence, say Peter Neufeld and Isabelle Cohn at the Innocence Project.

  • The SEC Whistleblower Program A Year Into 2nd Trump Admin

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    The U.S. Securities and Exchange Commission's whistleblower program continues to operate as designed, but its internal cadence, scrutiny of claims and operational structure reflect a period of recalibration, with precision mattering more than ever, say attorneys Scott Silver and David Chase.

  • Autonomous Vehicle Liability Trends To Watch In 2026

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    With autonomous vehicles increasingly making their own decisions, the liability landscape for AVs has changed over the past year — highlighting a number of important issues that companies and practitioners should keep a close eye on in 2026, says Farid Yaghoubtil at Downtown LA Law Group.

  • Key Crypto Class Action Trends And Rulings In 2025

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    As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, according to Justin Donoho at Duane Morris.

  • New Russia Energy Sanctions Add Compliance Complexity

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    Recent U.S. and U.K. designations of Russian oil companies and related entities, as well as a new sanctions package from EU, mark a significant escalation in restrictions on the Russian energy industry and add a new layer of regulatory complications for companies operating in the global energy sector, say attorneys at Simpson Thacher.

  • 6 Laws For Calif. Employers To Know In 2026

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    California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.

  • How New SEC Policies Shift Shareholder Proposal Landscape

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    U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.

  • NBA, MLB Betting Indictments: Slam Dunks Or Strikeouts?

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    Recent fraud charges against bettors, NBA players and MLB pitchers raise questions about what the government will need to prove to prosecute individuals involved in placing bets based on nonpublic information, and it could be a tough sell to juries, say attorneys at Ford O'Brien.

  • Tracking The Evolution Of AI Insurance Regulation In 2025

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    As artificial intelligence continues to transform the insurance industry, including underwriting, pricing, claims processing and customer engagement, state regulators, led by the National Association of Insurance Commissioners, are increasing oversight to ensure that innovation does not outpace consumer protections, say attorneys at Fenwick.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation

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    On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.

  • Prepping For 2026 Shifts In Calif. Workplace Safety Rules

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    California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.

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