Public Policy

June 10, 2025
Ayahuasca Church Brings Religious Use Case To DC Circ.

An Iowa church that seeks to use a psychedelic drug in its rites filed a petition Monday with the D.C. Circuit seeking to compel federal drug enforcers to process an application for a religious exemption to the Controlled Substances Act, which has been pending for over six years.
June 10, 2025
SEC's Investment Management Chief Greiner To Leave Agency

U.S. Securities and Exchange Commission veteran Natasha Vij Greiner is stepping down as the director of the agency's investment management division, ending a nearly 24-year career serving the SEC in multiple roles, regulators announced Tuesday.
June 10, 2025
Judge Postpones Sentencing For Menendez Bribery Witness

A Manhattan federal judge has delayed the sentencing date for an associate of former Sen. Bob Menendez who had pled guilty to bribery charges and testified against the former lawmaker, who himself was convicted by a jury in July and sentenced to 11 years in prison.
June 10, 2025
Nev. Pension Plan Urges 9th Circ. To Ax DOJ Military Bias Suit

Pension credits bought by military service members aren't an accrued benefit under the Uniformed Services Employment and Reemployment Rights Act, Nevada's public employee retirement system argued, urging the Ninth Circuit not to revive the U.S. Department of Justice's suit alleging the state and system overcharged employees for the credits.
June 10, 2025
Ex-Con Attorney Sues Bondi To Restore Gun Rights

A Connecticut attorney who served prison time for a tax offense has sued federal and state officials to demand the restoration of his right to possess firearms and ammunition, arguing that the prohibition on that right is unconstitutional as applied to him.
June 10, 2025
Flagging Could Reduce ID Crimes, Tax Chiefs And Cos. Say

Flagging suspicious behaviors, like bank accounts receiving multiple tax refund deposits in a matter of days, could help reduce identity-based crimes, a public-private partnership with top tax officials from five countries including the U.S. reported Tuesday.
June 10, 2025
Amazon Worker Says Military Class Ruling Needs Reopening

The U.S. Supreme Court declined to weigh in on a case that would have had an impact on a former Amazon employee's request for class status in her military leave suit, the worker told a New York federal court, saying it should reopen her suit and approve class treatment.
June 10, 2025
DC Judge Halts New ID Rules For Sponsors Of Migrant Kids

A D.C. federal judge slammed the brakes on the Office of Refugee Resettlement's new documentation requirements for potential sponsors to unaccompanied migrant children, saying it is "substantially likely" that the agency acted arbitrarily and capriciously by not sufficiently justifying the changes.
June 10, 2025
2nd Texas Judge Bars Trump's Wartime Removals For Good

President Donald Trump's proclamation invoking the 1798 Alien Enemies Act suffered another legal setback, with a second Texas federal judge finding that the executive order failed to establish an invasion or predatory incursion by Venezuelan gang Tren de Aragua.
June 10, 2025
Wis. Judge Can't Wield Immunity For Obstructing ICE, DOJ Says

The U.S. Department of Justice has urged a Wisconsin federal judge to reject a state court judge's argument that judicial immunity blocks her prosecution for allegedly obstructing an ICE arrest at a Milwaukee courthouse, saying that while judges may be immune from civil liability for official acts, they are not shielded from prosecution for supposedly criminal conduct.
June 10, 2025
Drug Cos. Face Persistent Scrutiny Over Physician Kickbacks

Drugmakers continue to become ensnared in — and settle — investigations into illegal payments to healthcare providers for participating in sham speaker programs. These payments raise ethical questions about patient harm and whether settlements, such as Pfizer's and Gilead's earlier this year, are seen as a cost of doing business.
June 10, 2025
No Millionaire Exodus Over UK Tax Reform, Report Says

Millionaires are not leaving the U.K. in large numbers because of the burden of high taxes, according to a report published Tuesday by campaign groups.
June 10, 2025
DHL British Unit On Hook For £3M In Duties, Court Says

A tax tribunal did not err when it upheld HM Revenue & Custom's decision to deny about £3 million ($4 million) in duty relief to cargo aircraft operated by DHL's British affiliate, a U.K. court said, dismissing the company's appeal.
June 10, 2025
Blue States Back Harvard In $2.2B Funding Freeze Fight

A coalition of 20 states and the District of Columbia filed a brief supporting Harvard University's bid for a pretrial win in its challenge to the Trump administration's move to freeze $2.2 billion in funds, telling a Massachusetts federal judge that the president's attacks on universities are "an attack on the states themselves."
June 10, 2025
EU Adds Kenya To Financial Crime Risk List, Removes UAE

The European Union on Tuesday designated 10 countries, including Kenya and Monaco, as high-risk jurisdictions for anti-money laundering and terrorist financing while removing eight countries, including the United Arab Emirates and the Philippines.
June 09, 2025
Bedoya Exits FTC, But Keeps Up Legal Fight Against Trump

Alvaro M. Bedoya, one of two Democratic Federal Trade Commission members fired by President Donald Trump, gave notice Monday of his formal resignation in order to pursue other work, but emphasized that he is not dropping his lawsuit against the president.
June 09, 2025
Squires Dodges Trump Questions, Emphasizes AI For Backlog

The Trump administration's nominee for U.S. Patent and Trademark Office director avoided answering whether Joe Biden won the 2020 election, how to describe defendants in the Jan. 6, 2021, attack on the U.S. Capitol and whether he would follow an illegal directive from the president, along with addressing concerns about USPTO resources and artificial intelligence in post-hearing responses to senators.
June 09, 2025
Judge Rebukes Navy Vet's Counsel In VA Malpractice Trial

A Washington federal judge narrowed the scope of a Navy veteran's medical malpractice case against the federal government on Monday, chiding her counsel for trying to change a years-old expert opinion on the eve of a long-awaited bench trial and "wasting" time on unnecessary questioning.
June 09, 2025
OCC Rebuffs State Bankers' Call To Rescind Preemption Rules

The Office of the Comptroller of the Currency said Monday that it is standing by its regulations that purport to exempt banks it oversees from a swath of state-law limitations, swatting down a request from state regulators that want these rules overturned.
June 09, 2025
Unions Win Injunction In OPM, DOGE Privacy Suit

A New York federal judge on Monday granted a preliminary injunction bid against the U.S. Office of Personnel Management in a lawsuit accusing it of unlawfully disclosing employees' personal information to the Department of Government Efficiency, saying OPM granted broad access to the information despite there being no "credible need."
June 09, 2025
Trump Executive Order Revamps US Cybersecurity Policy

President Donald Trump has moved to "reprioritize" the nation's cybersecurity efforts by issuing an executive order scrapping the provisions of prior directives issued by the past two Democratic administrations while focusing on measures such as mandating more secure software development and the latest encryption protocols.
June 09, 2025
Newsom Sues Trump Over 'Illegal' National Guard Deployment

California Gov. Gavin Newsom sued President Donald Trump on Monday over the administration's "illegal" takeover of the state's National Guard unit in response to protests in Los Angeles sparked by federal immigration raids, saying the move exceeded "the bounds of lawful executive authority."
June 09, 2025
SEC's Atkins Floats 'Innovation Exemption' For Crypto

U.S. Securities and Exchange Commission Chair Paul Atkins said Monday that he's directed agency staff to mull rulemaking that would protect developers of decentralized finance platforms and enable registered firms to interact with their "DeFi" systems, including through a potential "innovation exemption" framework.
June 09, 2025
Colo. Justices Spell Out Burden Of Proof For Gov't Immunity

The Colorado Supreme Court on Monday articulated for the first time the burden of proof required in tort cases against public entities, ruling that a woman's slip-and-fall claims failed to eclipse Jefferson County's immunity under a state law.
June 09, 2025
CFPB Will Move Ahead With Rest Of Calif. Debt Relief Suit

The Consumer Financial Protection Bureau told a California federal court on Monday that its new Trump-appointed leadership has decided to proceed with a debt relief services enforcement lawsuit that was paused after control of the agency changed hands in February.

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

The State Of Play For Bank Merger Act Applications

Both the Office of the Comptroller of the Currency's recent reversal of changes to its bank merger policies and the Federal Deposit Insurance Corp.'s rescission of its 2024 statement may be relevant for all banks considering a transaction, as responsibility for review depends on the identity of the parties and the transaction structure, say attorneys at Davis Polk.
Del. Corporate Law Rework May Not Stem M&A Challenges

While Delaware's S.B. 21 introduced significant changes regarding controllers and conflicted transactions by limiting what counts as a controlling stake and improving safe harbors, which would seem to narrow the opportunities to challenge a transaction as conflicted, plaintiffs bringing shareholder derivative claims may merely become more resourceful in asserting them, say attorneys at Debevoise.
State AG Focus On Single-Firm Conduct Is Gaining Traction

Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states’ aggressive posture, says Steve Vieux at Bartko Pavia.
What Parity Rule Freeze Means For Plan Sponsors

In light of a District of Columbia federal court’s recent decision to stay litigation challenging a Mental Health Parity and Addiction Equity Act final rule, as well as federal agencies' subsequent decision to hold off on enforcement, attorneys at Morgan Lewis discuss the statute’s evolution and what plan sponsors and participants can expect going forward.
Max Pressure On Iran May Raise Secondary Sanctions Risk

New sanctions designations announced June 6 are the latest in a slew of actions the administration has taken to put pressure on Iran’s military programs and petroleum exports that will likely increase non-U.S. businesses’ secondary sanctions risk, says John Sandage at Berliner Corcoran.
Platforms Face Liability Shift Under Anti-Revenge Porn Law

The federal Take It Down Act, signed into law last month, aims to combat deepfake pornography with criminal penalties for individual wrongdoers, but the notice and takedown provisions change the broad protections provided by Section 230 of the Communications Decency Act in ways that directly affect platform providers, say attorneys at Troutman.
4 Midyear Employer Actions To Reinforce Compliance

The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.
CFPB's Guidance Withdrawal Deepens Industry Uncertainty

Following the Consumer Financial Protection Bureau's recent withdrawal of dozens of guidance documents in a post-Chevron world, financial services providers are left to make their own determinations about the complex issues addressed in the now-revoked materials, presenting a significant compliance burden, say attorneys at Bradley Arant.
Justices Widen Gap Between Federal, Calif. Enviro Reviews

While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
SEC Signals Opening For Private Fund Investment Reform

At SEC Speaks in late May, the U.S. Securities and Exchange Commission made clear that it's considering allowing registered funds of private funds to be offered broadly to true retail investors, meaning existing funds should review their disclosures focusing on conflicts of interest, liquidity and fees, say attorneys at Stradley Ronon.
CIPA May Not Be Necessary To Protect Ad Tech Plaintiffs

A California bill designed to protect businesses from advertising technology claims under the California Invasion of Privacy Act by amending the act retroactively has been highly contested by various consumer advocacy groups, but other existing law may sufficiently protect any plaintiff who suffers actual harm from such tech, says Justin Donoho at Duane Morris.
Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity

Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.
What FCA Liability Looks Like In The Cybersecurity Realm

Two recent settlements highlight how whistleblowers and the U.S. Department of Justice have been utilizing the False Claims Act to allege fraud predicated on violations of cybersecurity standards — timely lessons given new bipartisan legislation introducing potential FCA liability for artificial intelligence use, say attorneys Rachel Rose and Julie Bracker.
'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms

Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.