Public Policy

October 21, 2025
FCC Urged To Rescind Pulling Of Equipment Testing Labs

Several entities linked to China urged the Federal Communications Commission to reconsider pulling their authorizations to run equipment testing labs in the U.S.
October 21, 2025
Mich. AG Can Step Into Fire Insurance Policy Challenge

The Michigan attorney general can intervene in a dispute over the constitutionality of the state's Fire Insurance Withholding Program, which allows participating municipalities to withhold part of a property owner's insurance payout until fire-damaged property is repaired, a federal court ruled.
October 21, 2025
DC Circ. Won't Pause La. LNG Terminal OK Amid FERC Fight

The D.C. Circuit has refused to pause the Federal Energy Regulatory Commission's approval of a massive liquefied natural gas export terminal in Louisiana while environmental groups and fishermen challenge the decision.
October 21, 2025
Chamber Survey Says Overhaul Doubled Merger Filing Burden

The U.S. Chamber of Commerce on Monday released the results of a small survey indicating that an overhaul of U.S. merger notification requirements, which it's challenging in court, has created a dramatic increase in the time spent by outside counsel and the costs associated with preparing transaction paperwork.
October 21, 2025
Pa. Senators Advance Bipartisan Cannabis Regulatory Bill

A Pennsylvania state Senate committee on Tuesday advanced a bill to create a new regulatory agency to oversee the state's medical marijuana program and market for hemp products.
October 21, 2025
2 Calif. Tribes Seek Early Win Against OK'd Casino Project

Two California Native American tribes and an environmental nonprofit are seeking a summary judgment win in their suit accusing the federal government of improperly approving another California tribe's casino project that they say hasn't been properly assessed for environmental impact.
October 21, 2025
Supreme Court Medina Ruling Erodes Public Health Networks

Healthcare advocates in more than a dozen states are bracing for Planned Parenthood's ouster from public benefit programs after a U.S. Supreme Court decision in June.
October 21, 2025
Bradley Arant Partner Confirmed For Alabama Federal Bench

The U.S. Senate voted 66-32 on Tuesday to confirm Harold D. Mooty III, a partner at Bradley Arant Boult Cummings LLP, as a U.S. district judge for the Northern District of Alabama.
October 20, 2025
USCIS Guidance Gives Scope Of New $100K H-1B Fee

The $100,000 fee requirement for H-1B visas that took effect last month applies to new H-1B petitions filed on behalf of applicants who are outside the United States, U.S. Citizenship and Immigration Services said Monday.
October 20, 2025
'Unacceptable': NC DOJ Rebuked For Repeat Rule Violations

A Raleigh, North Carolina, federal judge has sanctioned the state's Department of Justice, accusing one of its prosecutors of filing a frivolous motion in order to delay trial in an illegal detention lawsuit, while noting this isn't the first time the office has "tested the patience" of the federal judiciary.
October 20, 2025
States, DC Fight Feds' Bid To Cut Billions In OMB Grant Case

Twenty-three states and the District of Columbia have told a Massachusetts federal judge to hold onto their case challenging the Trump administration's use of "a single subclause" buried in a U.S. Office of Management and Budget regulation to shut off billions in federal grants.
October 20, 2025
NJ Asks If Experts Are Needed For Mental Defenses

New Jersey's Supreme Court on Monday heard arguments on whether expert testimony is needed to advance insanity or diminished capacity defenses in two murder cases, with defense attorneys and the American Civil Liberties Union arguing state lawmakers intended juries, with or without doctors, to evaluate evidence regarding state of mind.
October 20, 2025
Trump Picks State Justice, Ex-US Atty For La. Federal Bench

President Donald Trump announced on social media Monday his intent to nominate a Louisiana Supreme Court justice and a former acting U.S. attorney for the Western District of Louisiana to fill vacancies on the Bayou State's federal benches.
October 20, 2025
Judge Blocks DOD Schools' Gender, Sex And Race Book Ban

A Virginia federal judge said Monday that the U.S. Department of Defense school system must restore hundreds of books and lessons on race and gender that were pulled under the Trump administration, finding the removals likely violated students' First Amendment rights.
October 20, 2025
9th Circ. Judges Doubt DOD's 'Broad' Transgender Troop Ban

Two Ninth Circuit judges hearing an appeal Monday expressed doubts about the Trump administration's bid to vacate a preliminary injunction blocking the U.S. Department of Defense from treating gender dysphoria as a disqualifying medical condition, saying the "broad" new policy sweeps in undiagnosed individuals.
October 20, 2025
Drugmakers Say Conn. Law Illegally Extends Beyond State

A group of generic drug manufacturers has asked a Connecticut federal court to block the enforcement of a new price-control law against sales that occur outside of Connecticut, claiming that the law violates the U.S. Constitution.
October 20, 2025
Ill. Asks Justices To Keep National Guard Out Of Chicago

Illinois and the city of Chicago implored the U.S. Supreme Court on Monday to leave in place a federal judge's order temporarily barring the Trump administration from sending National Guard troops to the Windy City, arguing the evidence on the ground comes nowhere close to supporting the president's deployment order.
October 20, 2025
Trump Sending Guard To Portland Likely Legal, 9th Circ. Says

The Ninth Circuit recognized in a split panel decision on Monday that President Donald Trump likely acted within his statutory power when he called for Oregon National Guard members to be sent to Portland, granting the federal government's bid to stay a lower court order blocking the deployment as an appeal plays out.
October 20, 2025
OCC Chief Says Stablecoin Drain Wouldn't 'Happen Overnight'

A top U.S. banking regulator on Monday downplayed concerns that future growth in interest-earning payment stablecoins could bleed banks of deposits, saying any such shift would be gradual and closely watched by regulators, not a sudden shock to the system.
October 20, 2025
5G Broadcast Called Potential 'Force Multiplier' For Industry

Advocates of federal policies to support 5G Broadcast said the technology can help cellular networks by offloading technology that uses 5G to broadcast television, and other content is not "in competition with mobile networks" but a complement to them.
October 20, 2025
Tax Pros Seek Clarity In Energy Supplier Certification Rules

The U.S. Treasury Department should clarify how developers can demonstrate new supplier certification compliance for some clean energy tax credits retooled by the Republican budget law, practitioners said Monday, noting uncertainty over what information could suffice under new restrictions on certain foreign suppliers.
October 20, 2025
Judge Blocks Ohio Ban On NIL For High School Athletes

An Ohio judge on Monday opened the door to high school athletes in the state to begin receiving name, image and likeness compensation, granting a request by the mother of a star football player to immediately block a ban on such payments.
October 20, 2025
DA Willis' Subpoena Appeal On Hold After Testimony Deal

Georgia's highest court agreed Monday to put off hearing a fight over whether Fulton County District Attorney Fani Willis can be brought before a legislative committee investigating her handling of the election interference case against President Donald Trump after Willis agreed to appear before the lawmakers next month.
October 20, 2025
5th Circ. Affirms Fraud Conviction Of Failed Bank's Ex-CEO

A Fifth Circuit panel upheld the conviction of former First NBC Bank CEO Ashton J. Ryan Jr., who was sentenced to 14 years in prison and ordered to pay $215 million in restitution after a jury found him guilty of bank fraud and conspiracy related to the collapse of the Louisiana bank.
October 20, 2025
Lack Of Police Funding 'Catastrophic' For SD Tribe, Suit Says

A South Dakota tribe is asking for an order that would require the federal government to sufficiently fund its public safety resources, arguing that the United States' failure to treat law enforcement as a trust and treaty obligation continues to be catastrophic for it and its members.

Editor's Picks

Trump's Legal Battles

States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.

Expert Analysis

What EPA's Continued Defense Of PFAS Rule Means For Cos.

The U.S. Environmental Protection Agency's recent decision to continue defending a Biden-era rule designating two per- and polyfluoroalkyl substances as Superfund hazards may provide the EPA with significant authority over national PFAS cleanup policy — and spur further litigation by both government and private parties, say attorneys at Morgan Lewis.
6 Shifts In Trump Tax Law May Lend A Hand To M&A Strategy

Changes in the Trump administration's recent One Big Beautiful Bill Act stand to create a more favorable environment for mergers and acquisitions, including full bonus depreciation and an expanded code section, say attorneys at K&L Gates.
Trends In Post-Grant Practice Since USPTO Denial Guidance

Six months after the U.S. Patent and Trademark Office updated its guidance on discretionary denial of inter partes review and post-grant review, noteworthy trends in denial statistics have emerged, warranting a reassessment of strategies for parallel proceedings, says Andrew Ramos at Bayes.
Examining The Quietest EEOC Enforcement Year In A Decade

The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.
Transource Ruling Affirms FERC's Grid Planning Authority

The Third Circuit's recent decision in Transource Pennsylvania v. DeFrank, reversing a state agency's denial of an electric transmission facility permit, provides a check on states' ability to veto needed power projects, and is a resounding endorsement of the Federal Energy Regulatory Commission's regional transmission planning authority, say attorneys at Wilson Sonsini.
Assessing The Future Of The HIPAA Reproductive Health Rule

In light of a Texas federal court's recent decision to strike down a U.S. Department of Health and Human Services rule aimed to protect the privacy of patients seeking abortions and gender-affirming care, entities are at least temporarily relieved from compliance obligations, but tensions are likely to continue for the foreseeable future, says Liz Heddleston at Wood Rogers.
State Paid Leave Laws Are Changing Employer Obligations

A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.
How Crypto Embrace Will Affect Banks And Credit Unions

The second Trump administration has moved aggressively to promote crypto-friendly reforms and initiatives, and as the embrace of stablecoins and distributed ledger technology grows, community banks and credit unions should think strategically as to how they might use these innovations to best serve their customers, says Jay Spruill at Woods Rogers.
In NY, Long COVID (Tolling) Still Applies

A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.
Navigating The SEC's Evolving Foreign Private Issuer Regime

As the U.S. Securities and Exchange Commission reevaluates foreign private issuer eligibility, FPIs face not only incremental compliance costs but also a potential reshaping of listing strategies, capital access, enforcement exposure and global regulatory coordination, potential unintended effects that deserve further exploration, say attorneys at Simpson Thacher.
New Conn. Real Estate Laws Will Reshape Housing Landscape

With new legislation tackling Connecticut's real estate landscape, introducing critical new requirements and legal ambiguities that demand careful interpretation, legal counsel will have to navigate a significantly altered and more complex regulatory environment, say attorneys at Harris Beach.
USPTO Under Squires: A Look At The First Month

New U.S. Patent and Trademark Office Director John Squires' opening acts — substantive and symbolic — signal a posture that is more welcoming to technological improvements and focused on rebalancing the office's gatekeeping role, say attorneys at Seyfarth.
Iran Sanctions Snapback Raises Global Compliance Risks

The reimplementation of U.N. sanctions targeting Iran’s nuclear program, under a Security Council resolution's snapback mechanism, and related actions in Europe and the U.K., may change U.S. due diligence expectations and enforcement policies, particularly as they apply to non-U.S. businesses that do business with Iran, says John Sandage at Berliner Corcoran.
Hermes Bags Antitrust Win That Clarifies Luxury Tying Claims

A California federal court recently found that absent actual harm to competition in the market for ancillary products, Hermes may make access to the Birkin bag contingent on other purchases, establishing that selective sales tactics and scarcity do not automatically violate U.S. antitrust law, say attorneys at Holland & Knight.
Glimmers Of Clarity Appear Amid Open Banking Disarray

The Consumer Financial Protection Bureau's vacillation over data rights rules has created uncertainty, but a recent proposal is a strong signal that open banking regulations are here to stay, making now the ideal time for entities to take action to decrease compliance risk, says Adam Maarec at McGlinchey Stafford.