Public Policy

  • September 01, 2026

    DC Circ. Reinstates Bergdahl Court-Martial Conviction

    The D.C. Circuit ruled Tuesday that a district court judge lacked jurisdiction to vacate Bowe Bergdahl's 2017 court-martial conviction for desertion, finding that only military appellate courts can directly overturn court-martial judgments and reversing a summary judgment decision that voided the conviction.

  • September 01, 2026

    High Court Case Looms Over State Climate Superfund Fights

    A federal judge has dealt a blow to the viability of state climate change Superfund laws, although experts say the ruling may ultimately be marginalized by a looming U.S. Supreme Court decision on the future of climate tort litigation against fossil fuel companies.

  • September 01, 2026

    NJ Gov. Renews Judicial Advisory Panel With 5 Newcomers

    New Jersey Gov. Mikie Sherrill expanded and reshaped the state's Judicial Advisory Panel on Monday, issuing an executive order that adds an eighth seat on the panel and replaces four of its longtime members, including three former state Supreme Court justices who had served under previous administrations, with new appointees.

  • September 01, 2026

    DirecTV Says Emergency Alert Symbols Are A Hard Sell

    The Federal Communications Commission's heart was in the right place when it floated the idea of requiring emergency alerts to include visual symbols, but satellite television providers just aren't set up to display those symbols, DirecTV has told the agency.

  • September 01, 2026

    Enviro Groups Sue Forest Service To Halt Logging Project

    Environmental groups led by the Center for Biological Diversity launched a legal challenge in Washington federal court Monday to the U.S. Forest Service's approval of a logging project in the Methow Valley, saying the project would diminish old-growth forests and imperil Northern spotted owls and bull trout.

  • September 01, 2026

    Lumen Beats $1.4B Pension Swap Suit

    A Colorado federal judge on Tuesday ruled in favor of Lumen Technologies in a class action regarding $1.4 billion in pension obligations transferred to a risky insurance company, saying that plan participants could not show they suffered a current cognizable harm of loss of protections and the threat of impending injury was unconvincing.

  • September 01, 2026

    Abbott, Paxton Feud Over Authority To Settle With Feds

    Texas Gov. Greg Abbott told a Texas federal court that he, as the state's "chief executive officer," must sign off on a potential settlement with the federal government over a border barrier dispute, feuding with his state's attorney general.

  • September 01, 2026

    Unified, Industry Orgs. Again Push Justices On PTAB Policies

    Unified Patents, Clearing House Payments subsidiary Askeladden and a series of industry groups have continued pressing the U.S. Supreme Court to accept petitions addressing the U.S. Patent and Trademark Office's patent review authority, this time in a case brought by Tesla.

  • September 01, 2026

    Treatment Centers Cited Over Unpaid Work By Patients

    Massachusetts' attorney general on Tuesday announced a first-of-its-kind citation of over $1 million against a faith-based substance use treatment program for allegedly having hundreds of participants perform unpaid work, including landscaping and moving, for businesses.

  • September 01, 2026

    Colo. Panel Mulls Enviro Groups' Challenge To Emission Rule

    Environmental advocacy groups urged a Colorado appellate court to revive their challenge to a state agency's rule on emissions monitoring, arguing Tuesday that the rule allows most polluters to escape certain monitoring requirements by paying a fee, while the judges focused counsel on questions of statutory interpretation.

  • September 01, 2026

    Noncitizens Sue DHS Over 'Fine Everyone Policy'

    Five noncitizens have filed a proposed class action accusing the U.S. Department of Homeland Security of illegally fining noncitizens who enter the U.S. without authorization, issuing the fines retroactively and far from the border in violation of a narrowly drafted charging provision in the 2025 federal budget reconciliation law. 

  • September 01, 2026

    HHS Seeks 9th Circ. Review Of Tribal Opioid Clinic Order

    The U.S. Department of Health and Human Services has appealed to the Ninth Circuit for a review of a lower court order requiring the HHS' Indian Health Service to fund a Pechanga Band of Indians' opioid treatment facility.

  • September 01, 2026

    4 Mass. Rulings You May Have Missed In August

    Three fertility doctors defeated claims they violated a nonsolicitation agreement, while a consulting company failed in its effort to amend a four-year-old contract suit that has already been extensively litigated, among other notable Massachusetts state court rulings in August.

  • September 01, 2026

    Foreign Air Carriers To Challenge FCC Altimeters Order

    The International Air Transport Association is challenging a Federal Communications Commission order requiring aircraft serving the United States to upgrade their radio altimeters but limits reimbursements to domestic carriers.

  • September 01, 2026

    Teachers Union Wants In On CDL Data Fight

    The American Federation of Teachers is seeking to enter a lawsuit challenging the Trump administration's bid to obtain a database containing information on 17 million commercial driver's license holders, telling a Virginia federal court Tuesday that the 24 states bringing the suit don't adequately represent the interests of the union.

  • September 01, 2026

    SEC Plans To Bless Transfer Agents' Blockchain Use

    The U.S. Securities and Exchange Commission is promising sweeping changes to the rules governing transfer agents for the first time in 40 years, issuing a proposal Tuesday that would, among other things, allow agents to utilize the blockchain in tracking securities ownership. 

  • September 01, 2026

    NLRB Urges Full DC Circ. To Respect Its Policy Views

    The National Labor Relations Board urged the full D.C. Circuit on Tuesday to rethink a recent panel decision limiting the court's regard for the agency's legal positions in a vigorous defense of the board's policymaking power after the U.S. Supreme Court scrapped a sweeping deference doctrine.

  • September 01, 2026

    Split 9th Circ. Rejects Biden-Era Entry Rule

    A now-expired Biden-era rule limiting asylum eligibility for noncitizens entering from the southern border ran afoul of the Immigration and Nationality Act, the Ninth Circuit ruled, noting the INA allows noncitizens to seek asylum regardless of how they entered.

  • September 01, 2026

    Machine Guns, Silencers Aren't Protected By 2nd Amendment

    A self-described "alt-right" conservative podcaster cannot have his firearms convictions overturned because a federal law banning machine guns does not violate his Second Amendment rights, the Third Circuit ruled Tuesday.

  • September 01, 2026

    Monthly Merger Review Snapshot

    Paramount Skydance and Warner Bros. Discovery pressured state attorneys general challenging their merger to settle, the Federal Trade Commission successfully challenged a construction adhesives tie-up, state officials waded in against the NextEra-Dominion transaction, and Union Pacific Corp. and Norfolk Southern Corp. defended their combination under review by federal regulators.

  • September 01, 2026

    Congress Approves Bill Delaying Hemp Ban One Month

    The U.S. House of Representatives gave final approval Tuesday to a stopgap spending bill which includes language to delay implementation of a federal ban on products containing hemp-derived THC by one month.

  • September 01, 2026

    3 Things To Know: Texas Judge Halts Abortion Drug Suit

    A Texas federal judge has paused a lawsuit challenging the U.S. Food and Drug Administration's approval of abortion medication mifepristone until after the agency has conducted a safety review of the drug. Law360 Healthcare Authority has what you need to know about that order and the legal landscape.

  • September 01, 2026

    Blumenthal Probes Claims USPS Defied Ballot Mail Orders

    Sen. Richard Blumenthal of Connecticut, the top Democrat on the Senate investigations subcommittee, questioned the postmaster general on Tuesday on claims that the U.S. Postal Service defied a court order by continuing to implement the president's executive order restricting vote-by-mail.

  • September 01, 2026

    Approach The Bench: Judge Rodriguez On The Uses Of AI

    Today, Judge Xavier Rodriguez is known as an expert in electronic discovery and a proponent of artificial intelligence, but his interest was piqued before he joined the bench of the Western District of Texas in 2003, when he was still a lawyer and the methods for sifting through electronically stored information were still primitive.

  • September 01, 2026

    Cozen Affiliate Adds 4 From Closed McDermott Shop

    More former staff members of McDermott Will & Schulte's shuttered healthcare lobbying and consulting shop in Washington, D.C., have landed new roles, with Cozen O'Connor Public Strategies announcing Tuesday it hired a four-person team from there.

Expert Analysis

  • Immigration Order Raises Customer ID Stakes For Banks

    Author Photo

    Following a recently issued immigration-related executive order, financial institutions should expect and prepare for increased scrutiny of customer due diligence and identification, suspicious activity monitoring, and consumer lending, as well as accompanying supervisory shifts and rising fair lending risks, says Douglas Weissinger at Butler Snow.

  • Trade Secret Practice Tips From The 1st Half Of 2026

    Author Photo

    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • High Court Rulings Could Alter Agency Strategy For Cos.

    Author Photo

    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • How CME Suit May Reshape CFTC's Crypto Derivatives Rules

    Author Photo

    CME Group's recent lawsuit over the U.S. Commodity Futures Trading Commission's approval of a Kalshi application to offer a bitcoin perpetual contract as a futures product could have cascading consequences for crypto derivatives regulation, highlighting why policy ambitions do not override statutory text or substitute for reasoned decision-making, says attorney Tamara de Silva.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

    Author Photo

    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • NEPA Reforms Can Fix Permitting Without Weakening Review

    Author Photo

    Recent National Environmental Policy Act reforms, in tandem with a Senate bill proposing faster permitting reviews and greater agency coordination, mark a long overdue move toward more efficient energy and infrastructure permitting that does not sacrifice environmental assessment, say attorneys at GableGotwals.

  • 2 Microsoft Matters Could Help Shape AI Antitrust Outlook

    Author Photo

    A pending federal court case and investigation focusing on Microsoft's allegedly anticompetitive conduct in the deployment of artificial intelligence tools are testing whether antitrust law can distinguish ordinary competition to supply the AI ecosystem from conduct that distorts how that competition unfolds, says Kylie Kim at Massey & Gail.

  • Preparing For Next Congress With Eye On Investigation Risk

    Author Photo

    Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

    Author Photo

    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

    Author Photo

    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • The Debanking Minefield: Navigating Fair Access In 2026

    Author Photo

    Federal regulators' recent elimination of reputational risk from bank supervision, alongside a growing patchwork of state fair access laws, is reshaping how banks make account and service decisions and ushering in a new compliance era requiring individualized, objective and risk-based access determinations, say attorneys at Spencer Fane.

  • Carbon Health Settlement Highlights Why Evidence Is Key

    Author Photo

    The California Attorney General's Office's first-of-its-kind settlement with Carbon Health, imposing penalties for alleged corporate practice of medicine violations, shows that friendly professional corporation challenges usually hinge not on the parties' management services agreement, but on whether the operational record matches it, says Ben Dubin at VC Expert Services.

  • What PE Practitioners Need To Know About New Del. ABC Act

    Author Photo

    Delaware's new Assignment for the Benefit of Creditors statute represents a structural shift in how companies backed by private equity can be wound down and provides a more streamlined tool for managing sponsor liability without the public visibility of a bankruptcy proceeding, says Evelyn Meltzer at Troutman Pepper.

  • How To Brace For A Potential Democratic Oversight Push

    Author Photo

    With the possibility of a shift in congressional control after the November midterm elections, companies and their general counsel should prepare now by mapping oversight exposure, reviewing government interactions, preserving records and developing coordinated communications strategies, say attorneys at Hogan Lovells.

  • Opinion

    Labor Contract Bill Would Introduce Sweeping Risks For Cos.

    Author Photo

    The House-approved Faster Labor Contracts Act would force rapid first-contract bargaining, subject businesses to binding arbitration over key workplace terms, and create major uncertainty for nonunion companies, making it crucial for employers to assess their exposure and mitigate the risks now, say attorneys at FBT Gibbons.

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.