Public Policy

  • October 01, 2025

    States, Businesses Push Justices To Extend Tariff Arguments

    The dozen states, several small businesses and Illinois toymakers that challenged President Donald Trump's emergency tariffs filed a joint motion Wednesday requesting more time to better represent their different claims for oral arguments at the U.S. Supreme Court in November.

  • October 01, 2025

    FCC Sets Furlough Plan In Motion With Government Shutdown

    The Federal Communications Commission's staff halted most regular operations Wednesday as Congress failed to reach a deal to continue funding agencies after the end of the government's fiscal year.

  • October 01, 2025

    Trump Unlawfully Fired Dem Member Of STB, Suit Alleges

    A recently fired Democratic member of the Surface Transportation Board sued President Donald Trump in federal court Wednesday, alleging that he was unlawfully removed from his position and should be allowed to serve the rest of his term.

  • October 01, 2025

    White House Issues New NEPA Guidance To Federal Agencies

    The White House Council on Environmental Quality has released guidance for federal agencies that are working to update their National Environmental Policy Act guidelines.

  • October 01, 2025

    Muscogee Citizen Fights Okla. Tax Ruling In Supreme Court

    A member of the Muscogee Creek Nation is asking the U.S. Supreme Court to overturn an Oklahoma high court ruling that denied her tax-exempt status, arguing the dispute involves an important question of taxing jurisdiction in tribal lands that broke a long line of precedent.

  • October 01, 2025

    USPTO Lays Off Employees, Closes Rocky Mountain Office

    The U.S. Patent and Trademark Office laid off some employees Wednesday as part of a reduction-in-force that's affecting around 1% of the agency's workforce, making the move on the first day of the government shutdown, according to sources familiar with the plans.

  • October 01, 2025

    Ohio Says Norfolk Southern Fully Liable In Derailment Suit

    Ohio is asking a federal judge to find Norfolk Southern Corp. fully liable for pollution stemming from the 2023 East Palestine train derailment, saying the court should find that each railcar is a separate source of pollution under state law and assess penalties accordingly.

  • October 01, 2025

    Fed. Bill Would Let Judges Be Sued Over Repeat Offenders

    A federal lawmaker from North Carolina has proposed a bill to create a pathway for crime victims and their families to sue judges found to have acted with "intentional disregard for public safety" by releasing individuals convicted of violent crime who go on to re-offend.

  • October 01, 2025

    4th Circ. Won't Rehear Consultancy's $5M SBA Loan Suit

    The Fourth Circuit declined to reconsider a global consultancy and risk management company's lawsuit against the U.S. Small Business Administration in which the consultant argued its $5 million loan was eligible for COVID-19 debt relief.

  • October 01, 2025

    Va. Biz Group Calls Charter, Cox Tie-Up Good For Consumers

    The Virginia Chamber of Commerce urged the Federal Communications Commission to approve the planned $34.5 billion merger of cable giants Charter and Cox, saying it would be good for consumers as the companies cut costs through scale.

  • October 01, 2025

    Groups Seek Block On Use Of IRS, SSA Data For Deportations

    A coalition of immigrant advocacy groups has asked a Massachusetts federal judge to block the government from the "unfettered" use of Internal Revenue Service and Social Security Administration data to identify and target millions of people for deportation.

  • October 01, 2025

    NLRB Nominee Pledges To Resist Pressure From Trump

    One of President Donald Trump's nominees to serve on the National Labor Relations Board said at a U.S. Senate confirmation hearing Wednesday that he would resist a directive from the president to rule for Amazon or SpaceX in a dispute with their workers.

  • October 01, 2025

    Peru Says Mining Co. Can't Revive $417M Penalty Claim

    Peru is resisting an Arizona-based mining company's bid to annul a decision by international arbiters who found they lacked jurisdiction over $417 million in penalties and interest the country imposed for unpaid royalties, saying the company is wrong to claim the issue was improperly ignored.

  • October 01, 2025

    Calif. Joins NY In Letting Labor Agency Fill In For NLRB

    California has become the latest state to empower its labor board to step in when the federal labor board cannot, joining New York on a path that has been praised by unions, maligned by management and challenged by the National Labor Relations Board.

  • October 01, 2025

    Ex-Immigration Judge, DOJ Settle Bias Suit

    The U.S. Department of Justice and a former immigration judge agreed Wednesday to settle a lawsuit in Florida federal court alleging she was denied a hardship transfer and reasonable accommodation due to her gender and age.

  • October 01, 2025

    Va. Prosecutor Indicting Comey Tapped For Full US Atty Role

    The interim U.S. attorney for the Eastern District of Virginia, who is bringing charges against former FBI Director James Comey, has been tapped by President Donald Trump for the full-term role.

  • October 01, 2025

    4th Circ. Nixes Cannabis Entrepreneur's Rehearing Bid

    The Fourth Circuit on Tuesday rejected a California cannabis entrepreneur's request for an en banc rehearing of her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program.

  • October 01, 2025

    Trump's Bid To Cut NY Anti-Terror Funds Paused For Now

    A Manhattan federal judge on Wednesday temporarily blocked the Trump administration's cut of $34 million to protect New York's massive transit system from terrorism, crediting the state attorney general's allegation that the White House unlawfully tied the grant to immigration policy.

  • October 01, 2025

    E-Verify System Goes Down As Gov't Shutdown Takes Hold

    The federal E-Verify system that employers must use to check people's eligibility to work in the U.S. went down Wednesday morning as a result of the government shutdown, while federal immigration courts are anticipated to keep operating.

  • October 01, 2025

    Pick For Del.'s 3rd Circ. Seat Advances Despite Few State Ties

    Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit, who is currently serving in the White House Counsel's Office and has come under scrutiny for her lack of ties to the state, had her nomination voted out of committee along party lines Wednesday.

  • October 01, 2025

    High Court Lets Fed's Cook Keep Job For Now

    The U.S. Supreme Court said Wednesday that it will wait to hear oral arguments early next year before ruling on President Donald Trump's bid to immediately oust Federal Reserve Gov. Lisa Cook, a move that will allow her to remain on the job in the meantime.

  • September 30, 2025

    Feds Press 2nd Circ. To Nix Students' Removal Challenges

    The Trump administration on Tuesday urged the Second Circuit to reverse lower courts' findings that led to the release of two college students who say they were wrongly detained by immigration officials for expressing pro-Palestinian views, attacking the notion that they're able to bring habeas corpus challenges to their detention. 

  • September 30, 2025

    Google Ad Tech Judge Says Court Order Is 'Elephant In Room'

    A Virginia federal judge again wondered Tuesday how far she must go to address Google's advertising placement technology monopolies, asking if a breakup is needed since, no matter what happens, the company will be under a court order banning efforts to put its thumb on the scales of competition.

  • September 30, 2025

    Full 5th Circ. To Revisit Trump Use Of Wartime Removal Law

    The Fifth Circuit on Tuesday ordered all of its judges to revisit a split decision that found President Donald Trump's proclamation invoking the 1798 Alien Enemies Act to deport alleged Venezuelan gang members to be likely unlawful.

  • September 30, 2025

    DOJ Sues LA Sheriff's Department Over Delayed Gun Permits

    The U.S. Department of Justice on Tuesday accused the Los Angeles County Sheriff's Department of infringing Californians' Second Amendment rights, days after the DOJ announced a new office focused on affirmative litigation against local governments and private entities that interfere with federal policies.

Expert Analysis

  • Opinion

    Aviation Watch: Liability Lessons From 737 Max Blowout

    Author Photo

    The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.

  • Genius Act Sets Stablecoin Standards — Without Regulation E

    Author Photo

    While the Genius Act expressly requires payment stablecoin issuers to be treated as financial institutions for purposes of the Bank Secrecy Act, it is notably silent as to whether they are to be treated as such under the Electronic Fund Transfer Act, as implemented by Regulation E, says Tom Witherspoon at Stinson.

  • Breaking Down The Proposed Hemp Bill

    Author Photo

    A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.

  • Opinion

    Sometimes Int'l Competition Should Trump Antitrust Concerns

    Author Photo

    The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.

  • Divest Order Shows How Security Fears Extend CFIUS Scope

    Author Photo

    A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.

  • Art Market Must Prepare For More AML Scrutiny

    Author Photo

    Calls for art market regulation continue to grow, as evidenced by a recently introduced bill that would subject it to the Bank Secrecy Act’s anti-money laundering requirements, so participants should consider adopting basic, risk-based controls, says Jane Levine at The ArtRisk Group.

  • NY Tax Talk: ALJ Vacancy, Online Sales, Budget

    Author Photo

    Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.

  • Series

    Quilting Makes Me A Better Lawyer

    Author Photo

    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • Lessons Learned 3 Years After First CCPA Enforcement Action

    Author Photo

    Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.

  • Utility Agency Suits May Rise As Calif. Justices Nix Deference

    Author Photo

    A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

    Author Photo

    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • How Tariffs Can Affect Event Studies In Securities Litigation

    Author Photo

    When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.

  • A Look At Robinson-Patman Enforcement In The MLM Industry

    Author Photo

    The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.

  • A Former PTAB Judge Weighs The End Of Remote Hearings

    Author Photo

    Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.

  • How Proposed FAA Rule May Streamline Drone Operations

    Author Photo

    The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.

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.