Public Policy

  • October 06, 2026

    Cos. Say Trade Court Can Issue Nationwide Tariff Refunds

    The U.S. Court of International Trade has nationwide jurisdiction over matters involving trade laws, which should give it authority to order tariff refunds for importers that paid the unlawful duties whether or not they filed their own challenge at the trade court, businesses told the Federal Circuit.

  • October 06, 2026

    Higher-Ed Groups Say DHS Upended Student Internship Rules

    Higher-education organizations have accused the Trump administration of abruptly and unlawfully imposing new restrictions on experiential learning opportunities for international students, and couching its regulatory shift as "reminders" that threatened schools and officials with sanctions and prosecutions for noncompliance.

  • October 06, 2026

    Trump Allows Dyed Fuel In Highway Use, Defers Excise Taxes

    President Donald Trump signed an executive order to temporarily allow road vehicles to use dyed diesel fuel that is typically used by off-road vehicles and to defer applicable federal excise taxes, the White House said.

  • October 06, 2026

    Judge Backs Va. Tuition Pathway For Unauthorized Students

    A federal judge in Richmond rejected the Trump administration's bid to strike down Virginia laws allowing students who are unauthorized to be in the U.S. to pay in-state tuition at public universities, breaking with a Fifth Circuit ruling on Texas tuition rules and ruling that federal law doesn't preempt the state statutes.

  • October 06, 2026

    10th Circ. Says Courts Can Review Refugee Terminations

    A divided Tenth Circuit panel ruled that federal courts can review the government's finding that a refugee did not qualify for that status at the time of admission, finding that the threshold decision is nondiscretionary and thus not barred by a federal law restricting review of discretionary immigration decisions.

  • October 06, 2026

    EB-5 Center Says USCIS Delay Jeopardizes $82M Project

    An immigrant investor regional center in Florida and a company seeking to raise funds for a planned medical school in Naples, Florida, sued U.S. Citizenship and Immigration Services, claiming a delay in approval from the government is jeopardizing funding for the $82 million project.

  • October 06, 2026

    DC Circ. Not Sure Challenge To Border Wall Halt Still Has Legs

    The D.C. Circuit didn't seem convinced Monday morning it should breathe new life into a suit claiming that the Biden administration caused people legal injury and broke the law by not considering the environmental effects of reversing the Trump administration's border policies.

  • October 06, 2026

    WTO General Council Meeting Concludes Without Decisions

    A two-day meeting of the World Trade Organization General Council did not produce any concrete decisions on proposed reforms or other matters, including the currently lapsed moratorium on e-commerce duties, a spokesperson said Tuesday.

  • October 05, 2026

    Justices Fret Any Climate Tort Ruling Will Open Pandora's Box

    U.S. Supreme Court justices Monday pondered the risks of far-reaching fallout whether they allow or restrict burgeoning lawsuits targeting oil companies, acknowledging fears of near-limitless litigation but also struggling to distinguish climate torts from famous legal battles involving tobacco and opioids.

  • October 05, 2026

    Trump's Green Card Policy Shift Must Be Blocked, Groups Say

    A slew of families, workers, unions and immigrant rights groups asked a Massachusetts federal judge to block the Trump administration's new policies requiring green card applicants to leave the country, claiming Monday it's an unlawful departure from longstanding practice that unnecessarily disrupts applicants' lives.

  • October 05, 2026

    FCC Boots Call Provider From US Networks Over Robocalls

    The Federal Communications Commission has officially blocked a Denver-based voice call provider from operating in the United States because it never assuaged the agency's concerns about what it's going to do to stop illegal robocalls from being transmitted on its network.

  • October 05, 2026

    Boston Health Worker Says Firing Followed Fraud Concerns

    A former program director in Boston's health department says he was fired after refusing to enroll new clients until his concerns about fraud in a home visiting program were addressed, according to a lawsuit filed in Massachusetts state court.

  • October 05, 2026

    9th Circ. Says PREP Act Bars Pasadena COVID Policy Suit

    The Ninth Circuit on Monday refused to revive a Pasadena employee's suit challenging the city's COVID-19 safety policy for unvaccinated city employees, ruling that the city is immune from his claims under the Public Readiness and Emergency Preparedness Act.

  • October 05, 2026

    Detroit Nonprofit Can Pursue Claims Over $40M Theft

    Family members and associates of a former Detroit Riverfront Conservancy executive who was convicted of embezzling more than $40 million lost their bid on Monday to escape the nonprofit's Michigan state court suit seeking to claw back the ill-gotten gains.

  • October 05, 2026

    5th Circ. Hints CMS Medicare Advantage Rule May Violate APA

    A Fifth Circuit panel seemed hesitant to buy an argument that a rule from the Centers for Medicare & Medicaid Services dealing with Medicare Advantage plan overpayments went through proper rulemaking steps, asking Monday if the agency's argument that it can change its rationale "upends" rulemaking procedures.

  • October 05, 2026

    FinCEN Nixes Plans For Crypto Mixer, Wallet Reporting Rules

    The Financial Crimes Enforcement Network is moving to scrap two long-dormant proposals aimed at increasing anti-money laundering oversight of transactions involving self-hosted crypto wallets and anonymizing crypto "mixers," measures that had faced stiff industry resistance.  

  • October 05, 2026

    DOL Given Until Year End To Fix H-2A Farmworker Wage Rule

    A California federal court has ordered the U.S. Department of Labor to issue a replacement wage rule for temporary agricultural workers by year-end, rejecting the agency's request for up to six months and setting the existing unlawful rule to expire by the same deadline.

  • October 05, 2026

    DOJ, Google Differ On Ad Tech Fix Timing, Oversight

    The U.S. Department of Justice and Google offered disagreement Friday largely on relatively discreet points for the mandates meant to open up Google's advertising placement technology dominance, in a Virginia federal court filing where disputes centered heavily on how long the tech company has to implement changes and who'll monitor its compliance.

  • October 05, 2026

    Media Advocacy Groups Can't Join ABC Suit Against FCC

    A D.C. federal judge Monday denied two outside groups' bid to intervene in ABC's free speech suit against the Federal Communications Commission, saying they have not shown the network cannot adequately represent viewers' interests on its own.

  • October 05, 2026

    5th Circ. Wonders If Flock Cameras Align With 4th Amendment

    A Fifth Circuit panel on Monday pressed the federal government to explain how law enforcement's use of Flock cameras to track criminal suspects without obtaining a search warrant doesn't run afoul of the Fourth Amendment, questioning prosecutors' assertion that publicly observable movements enjoy no protections.

  • October 05, 2026

    CFTC Floats Framework For Crypto Cos. Offering Leverage

    The U.S. Commodity Futures Trading Commission on Monday unveiled plans for a framework governing leveraged crypto transactions, seeking feedback on a proposal that attempts to use the agency's existing authority to regulate a section of crypto markets in the absence of legislation.

  • October 05, 2026

    Afghan Allies Fear For Lives While Stuck In Immigration Limbo

    Under the Trump administration's travel and visa restrictions, Afghans who helped U.S. efforts against the Taliban and were promised a pathway to America face uncertainty about their survival and their chances of being reunited with family members. Nearly a year into the imposition of those restrictions, Law360 looks at how Afghans are coping.

  • October 05, 2026

    Justices Mull Courts' Authority To Hear Vets' Benefits Suit

    The U.S. Supreme Court on Monday appeared split on whether the Veterans' Judicial Review Act bars federal district courts from presiding over constitutional challenges to statutes affecting veterans' benefits, with justices questioning both sides' interpretation of the law's no-review clause.   

  • October 05, 2026

    Commercial Fishers Sue Over Red Snapper Catch Expansion

    A group of commercial fishing companies is challenging a new round of federal permits that allow Florida, Georgia and South Carolina to expand this year's recreational red snapper catch in D.C. federal court, claiming Monday that the permits would shrink the commercial share of the South Atlantic fishery in violation of federal law.

  • October 05, 2026

    OKX Files For Tokenized Stock Trading Under SEC Exemption

    OKX has notified the U.S. Securities and Exchange Commission of its plans to offer tokenized stock trading, becoming one of the first crypto exchanges to take advantage of the agency's closely watched innovation exemption.

Expert Analysis

  • Responding To State Packaging Law Uncertainty

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    As states roll out new packaging and recycling mandates, companies face expanding compliance duties and a growing wave of constitutional challenges that offer key lessons for managing regulatory risk, say attorneys at Crowell & Moring.

  • CMS Rule, DOJ Probes Deepen Gender Care Compliance Risk

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    The Centers for Medicare & Medicaid Services' final rule restricting Medicaid funding for hospitals that provide gender-affirming care is likely to face immediate litigation, but the CMS rulemaking is already working alongside U.S. Department of Justice's enforcement campaign to create operational risk for providers, say attorneys at Arnall Golden.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

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    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

  • How Trucking Cos. Can Tackle Risk From New DOJ Task Force

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    Trucking companies should audit their drivers’ credentials and address risk areas lest they attract the attention of the new Justice Department-led task force against the fraudulent licensing of immigrants as commercial truckers, which is turning former questions of administrative or regulatory noncompliance into matters for federal prosecution, say attorneys at RJO.

  • What To Expect From Colorado's New Artist Co. Structure

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    Colorado's newly established class of artist companies, or A-Corps, provides a useful structure for small-scale ventures, but challenges could arise for more complex business plans, and limitations on investor participation may limit widespread adoption, say attorneys at Armstrong Teasdale.

  • 2 Cases Shed Light On Invoking The 5th Before Congress

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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