Public Policy

  • October 16, 2025

    Fed. Circ. Affirms Dismissal Of Nev. Tribe's $208M Breach Suit

    The Federal Circuit on Thursday said it won't overturn a Court of Federal Claims' decision to dismiss the Winnemucca Indian Colony's $208 million breach of trust allegations against the Bureau of Indian Affairs, saying the Nevada tribe failed to identify a substantive source of law that requires compensation.

  • October 16, 2025

    USPTO Says Fed. Circ. Should Skip 'Settled Expectations' Case

    The U.S. Patent and Trademark Office wants the Federal Circuit to reject a challenge to the way the agency has denied review of patents based on the owner's "settled expectations," saying Thursday it has full discretion on whether to review patents or not.

  • October 16, 2025

    Venezuelans Seek Path To Contest Alien Enemies Act Labels

    Attorneys for Venezuelans flown on U.S. government flights to El Salvador and then transferred from the CECOT prison there to Venezuela have renewed their motion for a preliminary injunction that would order the government to provide them with an avenue to challenge their Alien Enemies Act designations.

  • October 16, 2025

    Fla. Asks Justices To Halt Calif., Wash. Truck Licensing Lapses

    Florida has taken steps to sue California and Washington in the U.S. Supreme Court, alleging the Democratic-led states have flouted federal law by allowing unauthorized immigrants to obtain commercial drivers licenses to haul big rigs cross-country, endangering motorists and causing "mayhem" on roadways.

  • October 16, 2025

    4th Circ. Says No Recourse For Men Imprisoned Extra Year

    The Fourth Circuit said there could be no recourse in federal court for two inmates who spent an extra year in prison because of Virginia Attorney General Jason Miyares' incorrect interpretation of a state law that granted the men enough credits for good behavior to be released in 2022.

  • October 16, 2025

    Judge Shields Migrants From ICE After Courthouse Arrests

    A California federal judge on Thursday barred U.S. Immigration and Customs Enforcement from detaining two asylum-seeking mothers without notice and a hearing, ruling the agency's courthouse arrest tactics likely violate due process.

  • October 16, 2025

    Mass. Seasonal Community Leaders Plug Real Estate Tax Bills

    Massachusetts locations designated as seasonal communities would have new revenue options, including a local-option real estate transfer tax, to fund affordable housing efforts under legislation pitched by local leaders to a legislative panel.

  • October 16, 2025

    Ex-Trump Aide Bolton Indicted Over Classified Info Handling

    John Bolton, the former national security adviser to President Donald Trump, was indicted Thursday by a Maryland federal grand jury on charges related to the handling of classified information.

  • October 16, 2025

    High Court's FCC Broadcast Rulings Criticized As 'Outdated'

    A think tank called for overturning two U.S. Supreme Court rulings from decades ago that gave the Federal Communications Commission authority to regulate broadcast speech, saying the decisions don't match the realities of today's economy.

  • October 16, 2025

    States Battle Trump Admin To Recover Solar Program Funds

    Attorneys general from across the country are suing the Trump administration for allegedly violating the Constitution and federal law by canceling a $7 billion program providing solar equipment to low-income households.

  • October 16, 2025

    Ga. Agencies Seek Toss Of Mom's Child Support Policy Suit

    Three state agencies sued by a Georgia mother over an allegedly unconstitutional child support policy asked a federal judge to dismiss the suit, arguing it is barred by the Eleventh Amendment and the doctrine of sovereign immunity.

  • October 16, 2025

    Fed's Barr Calls For Rules To Plug 'Gaps' In Stablecoin Bill

    Federal Reserve Board Governor Michael Barr said Thursday that the success of the recently passed legislative framework for stablecoins is dependent on federal banking agencies and state regulators coordinating to "fill in important gaps" that could threaten consumer protection and the stability of the banking system.

  • October 16, 2025

    Judge Rejects Bid To DQ Wash. Atty In Her County Bias Suit

    A Seattle federal judge won't bar an attorney from representing herself in a racial discrimination lawsuit accusing a Washington county of sidelining her from hearing certain cases during her tenure as a part-time judge, rejecting the defense's claims of a conflict of interest.  

  • October 16, 2025

    Justices Urged To Hear Mich. Tax Foreclosure Case

    A property owner has asked the U.S. Supreme Court to weigh in on her case alleging a Michigan county improperly kept the excess proceeds of her tax-foreclosed home sale, arguing the justices should settle a conflict among circuits and calling the state's process to claim such proceeds too restrictive.

  • October 16, 2025

    NLRB Says Fed. Law Preempts Calif.'s Labor Board Fill-In Law

    The National Labor Relations Board claimed that newly enacted legislation to expand California's state labor board's powers was preempted by the National Labor Relations Act, in a complaint filed in California federal court. 

  • October 16, 2025

    Many NY Trial Judges Elevated In Secret, Report Finds

    Hundreds of New York state judges are permanently elevated to top trial courts via a secretive appointment process, according to a report released Thursday.

  • October 16, 2025

    Trump Taps V&E's Swett As New FERC Chair

    President Donald Trump will appoint Vinson & Elkins LLP energy regulatory counsel Laura Swett as chair of the Federal Energy Regulatory Commission, the White House confirmed to Law360 Thursday.

  • October 16, 2025

    Ex-Paralegal Says She Was Scapegoat For NC City Atty

    A former paralegal in a North Carolina city attorney's office said she was falsely accused of misusing city resources on her boss's behalf and was not given a fair shot to clear her name, which has allegedly damaged her reputation and made it difficult to find a new job.

  • October 16, 2025

    Mass. Board Reduces Condo Value For Its Street Proximity

    A Massachusetts condominium unit with a desirable view was overvalued by a local assessor, a state panel said, agreeing with the owner that its location close to a street was a detriment to its value.

  • October 16, 2025

    Mass. Tax Board Reduces Condo's Fair Cash Value

    A Massachusetts condominium's value should be lowered because the trust that owns the property proved that the property was less updated and smaller compared with similar properties, the state tax board ruled. 

  • October 16, 2025

    Firm's Case Against GILTI Regs Can Proceed, DC Judge Says

    An Israeli law firm's suit alleging that U.S. Department of the Treasury regulations regarding overseas income create disproportionate burdens for small entities may continue, a D.C. federal judge said, though dismissing a parallel claim brought by an individual attorney.

  • October 16, 2025

    Ill. Judge Tosses Law Firm's $36M Pandemic Loan Fraud Suit

    An Illinois federal judge dismissed a Michigan law firm's $36 million whistleblower suit against dozens of automotive dealerships, ruling that the information underpinning its claims of pandemic loan fraud was already publicly available.

  • October 16, 2025

    US Attorney Nominations For Missouri And Indiana Advance

    The Senate Judiciary Committee voted to approve, along party lines, two U.S. attorney nominees for Missouri and Indiana on Thursday.

  • October 15, 2025

    Vought Aims To Close CFPB Within '2 Or 3 Months'

    White House budget chief Russell Vought said Wednesday that he wants to shutter the Consumer Financial Protection Bureau and expects to succeed in the next few months, despite the Trump administration's claims in court that the agency is just being downsized.

  • October 15, 2025

    Top Del. Judge Details Views On Willful Infringement Issues

    A lawsuit cannot provide an accused infringer with the notice needed for a patent owner to allege indirect and willful infringement, and enhanced infringement demands aren't subject to dismissal motions, Delaware's top judge has ruled.

Expert Analysis

  • A Reminder Of The Limits Of The SEC's Crypto Thaw

    Author Photo

    As the U.S. Securities and Exchange Commission's regulatory thaw has opened up new possibilities for tokenization projects, the Ninth Circuit's recent decision in SEC v. Barry that certain fractional interests are investment contracts, and thus securities, illustrates that guardrails remain via the Howey test, say attorneys at Skadden.

  • Genius Act Poses Strategic Hurdles For Community Banks

    Author Photo

    ​​​​​​​The pace of change in digital asset policy, including the recent arrival of the Genius Act, suggests that strategic planning should be a near-term priority for community banks, with careful attention to customer relationships, regulatory developments and the local communities they serve, say attorneys at Jones Walker.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

    Author Photo

    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

  • Considerations For Cos. Amid Wave Of CFPB Vacatur Bids

    Author Photo

    As some entities look to vacate prior voluntary agreements with the Consumer Financial Protection Bureau, there are several considerations companies should take into account before seeking to vacate their settlements in the current legal and regulatory environment, says Jasmine Jean-Louis at Goodwin.

  • 7 Document Review Concepts New Attorneys Need To Know

    Author Photo

    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

  • Reports Of Chemical Safety Board's Demise Are Premature

    Author Photo

    Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.

  • FTC Actions Highlight New Noncompete Enforcement Strategy

    Author Photo

    Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.

  • Ruling On Labor Peace Law Marks Shift For Cannabis Cos.

    Author Photo

    Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.

  • Deference Ruling Could Close The FAR Loophole

    Author Photo

    A recent U.S. Court of Federal Claims decision may close a loophole in the Federal Acquisition Regulation that allows agencies to circumvent the Trade Agreements Act, significantly affecting federal pharmaceutical procurements and increasing protests related to certain Buy American Act waivers, say attorneys at Polsinelli.

  • Senate Bill Could Overhaul Digital Asset Market Structure

    Author Photo

    The Senate Banking Committee's draft Responsible Financial Innovation Act would not only clarify the roles and responsibilities of financial institutions engaging in digital asset activities but also impose new compliance regimes, reporting requirements and risk management protocols, say attorneys at Troutman.

  • How Trump's Space Order May Ease Industry's Growth

    Author Photo

    President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.

  • A Look At 2 Reinvigorated DOL Compliance Programs

    Author Photo

    As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

  • Opinion

    Congress Must Resolve PSLRA Issue For Section 11 Litigants

    Author Photo

    By establishing a uniform judgment reduction credit for all defendants in cases involving Section 11 of the Securities Act, Congress could remove unnecessary statutory ambiguity from the Private Securities Litigation Reform Act and enable litigants to price potential settlements with greater certainty, say attorneys at Sidley.

  • Stablecoin Committee Promotes Uniformity But May Fall Short

    Author Photo

    While the Genius Act's establishment of the Stablecoin Certification Review Committee will provide private stablecoin issuers with more consistent standards, fragmentation remains due to the disparate regulatory approaches taken by different states, say attorneys at Morgan Lewis.

  • FTC's Reseller Suit Highlights Larger Ticket Platform Issues

    Author Photo

    Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.

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.