Public Policy

  • September 03, 2026

    11th Circ. Won't Toss Grouper Catch Limit Over Council Defect

    An Eleventh Circuit panel Thursday agreed the structure of a regional fishery management council runs afoul of the U.S. Constitution's appointments clause, but refused to throw out a challenged rule that reduced catch limits for gag grouper in the Gulf of Mexico.

  • September 03, 2026

    Baltimore Says Kratom Sellers Hid Addictive Qualities

    The city of Baltimore is suing three kratom product distributors, alleging they violate city law by advertising kratom as having therapeutic qualities it doesn't possess, while downplaying or hiding its addictive nature.

  • September 03, 2026

    Wireless Tower Group Urges FCC To Back GPS Alternatives

    Wireless tower builders have asked the Federal Communications Commission to consider new rules that will promote the development of new positioning, navigation and timing technologies that can complement GPS technology.

  • September 03, 2026

    EU Moves To Ease Armenia Tariffs After Russian Restrictions

    The European Parliament's International Trade Committee on Thursday advanced a measure that would remove ad valorem duties on a swath of Armenian products to provide aid to the country in the wake of Russian trade restrictions.

  • September 03, 2026

    IRS Moves To Strip Schools' Tax Exemptions Over DEI Policies

    As many as 18,000 private schools that enact racially based diversity and inclusion policies could lose their federal tax exemptions under a proposed rule released by the Internal Revenue Service on Thursday.

  • September 02, 2026

    Split 9th Circ. Curbs Foreign Asset Forfeiture Without Control

    A split Ninth Circuit panel Wednesday held that courts must determine that they have, at the very least, constructive control over a foreign defendant's property to establish jurisdiction in a forfeiture case, pointing to the Fifth Amendment's due process clause.

  • September 02, 2026

    Tribal Students Achieve A Win In Financial Aid Policy Suit

    A New York federal judge has ruled in favor of two Saint Regis Mohawk Tribe students in their suit against the U.S. Department of Education over its policy requiring documentation from Indigenous students of permanent residency in the United States to be eligible for financial aid.

  • September 02, 2026

    Trump's Latest Birthright Order Flouts High Court, Judge Says

    A Maryland federal judge ruled Wednesday that President Donald Trump's latest attempt to curtail birthright citizenship cannot be applied to a certified class of children, saying the U.S. Supreme Court already decided that the children were citizens once born.

  • September 02, 2026

    USPTO Policies Spur Reps To Float Conditions On Fee Power

    Several lawmakers expressed concern at a hearing Wednesday about recent U.S. Patent and Trademark Office policies, including increased denials of patent reviews, and questioned if Congress should respond by putting conditions on the office's power to set its own fees.

  • September 02, 2026

    GOP Bill Would Alter CFPB Funding, Curb Enforcement

    Two high-ranking Republican U.S. representatives have formally introduced legislation that would put the Consumer Financial Protection Bureau through the regular congressional appropriations process and establish a dedicated inspector general, among other changes.

  • September 02, 2026

    VLSI Presses Court For Full Anonymous Report In Intel Row

    VLSI has urged a D.C. federal court to force the U.S. Patent and Trademark Office to release an unredacted version of a report alleging a connection between Intel and a company that successfully challenged a VLSI patent at issue in a multibillion-dollar infringement case.

  • September 02, 2026

    Online Embedders May Like 5th Circ.'s Pivot On Server Test

    The Fifth Circuit last week rejected a 2007 copyright test that publishers have long criticized, but attorneys say the court's replacement may still leave news aggregators and apps that embed third-party content in a strong position while putting more pressure on rights holders to restrict content they don't want embedded elsewhere.

  • September 02, 2026

    FCC Backs Alaska Telecom GCI's Plan To Serve 10K More

    Improvements in broadband infrastructure mean that Alaskan telecom GCI Holdings will be able to provide hybrid fiber-cellular service to 10,000 more people in the state, the telecom has told the Federal Communications Commission.

  • September 02, 2026

    Public Access Gets Win In Ex-Fla. GOP Chair's Records Case

    A Florida appellate court ruled Wednesday in favor of public access to investigative records involving the former chairman of the Sunshine State's Republican Party, finding that only legislators can create exemptions under the state's Public Records Act. 

  • September 02, 2026

    NOAA Fisheries Lays Out Priorities For Trump Seafood Order

    The National Oceanic and Atmospheric Administration's fisheries division announced several dozen priorities to boost the U.S. seafood industry Wednesday, prompting one environmental group to call it a "depraved laundry list" of ways the Trump administration is willing to sacrifice ocean life.

  • September 02, 2026

    FCC Staff Are Making Big Decisions, But The Tactic Isn't New

    When an arm of the Federal Communications Commission that deals with broadcast competition waived one of the country's signature media ownership rules without a full FCC vote this year, it wasn't the first time agency staff had been entrusted with a major decision by the FCC's politically appointed chair.

  • September 02, 2026

    House Rejects Amendment To Fix Court At 9 Justices

    The House failed to pass a proposed constitutional amendment on Wednesday that would keep the number of U.S. Supreme Court justices at nine.

  • September 02, 2026

    Migrant Advocates Can't Revive El Salvador Deal Challenge

    A D.C. federal judge once again shot down a challenge to the Trump administration's agreement with El Salvador that sent hundreds of detained noncitizens to the CECOT terror prison, ruling that the immigrant advocates challenging the deal had failed to show how their requested relief could redress the alleged harms.

  • September 02, 2026

    States Sue To Block Medicaid Ban On Youth Gender Care

    Twenty state attorneys general on Wednesday challenged the Trump administration's plan to halt Medicaid funding for minors' gender-affirming care, alleging the move would violate federal law and usurp congressional power over government spending.

  • September 02, 2026

    DOJ Backs OpenAI, Microsoft Fair Use Defense In NYT IP Case

    The federal government is weighing in on the sprawling copyright litigation against OpenAI Inc. and Microsoft Corp. in New York federal court brought by The New York Times and others, telling the judge that using copyrighted texts to train generative tools shouldn't expose developers to broad infringement liability.

  • September 02, 2026

    AT&T Asks To Cut Copper-Based VoIP Service In 20 States

    AT&T is continuing with its plans to end its legacy copper-line telephone service across the United States, asking the Federal Communications Commission for permission to cut services that rely on copper wires in certain areas in 20 states.

  • September 02, 2026

    Trump Foreign Equipment Order Perplexes Power Cos.

    The U.S. power industry is scrambling to make sense of President Donald Trump's sweeping executive order restricting imports of equipment used for the electricity grid, and attorneys say complying with the directive could ultimately make projects more expensive and take them longer to build.

  • September 02, 2026

    Colo. Says Semiautomatic Gun Law Is Constitutional

    Colorado officials urged a federal judge to not block the enforcement of a new state law restricting ownership of certain semiautomatic firearms, contending the law is constitutional and complies with recent Supreme Court precedent.

  • September 02, 2026

    14 Cos. Banned From US Networks Over Robocall Violations

    More than a dozen voice service providers have been booted from U.S. networks after failing to follow Federal Communications Commission rules aimed at staunching the barrage of robocalls that assault Americans' phones every day.

  • September 02, 2026

    FCC Floats 'Scorecard' To Deal With Robocall Deluge

    As the flood of robocalls continues, Federal Communications Commission leaders are considering a "scorecard" to let consumers rate their voice service providers as to how effectively they are blocking unwanted calls.

Expert Analysis

  • What NERC Reliability Guideline Means For Large Loads

    Author Photo

    The North American Electric Reliability Corporation's new reliability guideline — which addresses issues associated with large loads like data centers, cryptocurrency mining facilities and factories — is nonbinding, but hints at possible future expansion of reliability obligations for large load owners, operators, developers and equipment providers, say attorneys at Morgan Lewis.

  • How A Novel NY Law Fits Into The AI Legal Landscape For Ads

    Author Photo

    An amendment to New York's General Business Law requiring disclosures when advertisements use performers generated by artificial intelligence arrives at a moment of rapid transformation in the marketing ecosystem and indicates that advertisers should take a proactive approach grounded in transparency, contractual protections and alignment across legal and creative teams, say attorneys at Manatt.

  • Texas Rule Change Could Speed Trucking Case Dismissals

    Author Photo

    The Texas Supreme Court's recent comprehensive amendments to Rule 166a, governing summary judgment procedure and standards in Texas state courts, will fundamentally reshape dispositive motion practice, permitting defendants in trucking cases to weaponize the rule against unwitting plaintiffs, and requiring more aggressive early discovery efforts, say attorneys at Hamilton Wingo.

  • Opinion

    Current Consumer Protection Laws Can Fit Agentic Commerce

    Author Photo

    While agentic commerce — artificial intelligence that searches, compares and makes purchases for customers — doesn't warrant a new consumer protection regime, it will require companies to design compliance into their products from the outset and challenge regulators to consistently apply existing laws, says Katherine Adkins at Affirm.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

    Author Photo

    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

    Author Photo

    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • California Antitrust Bill Raises New Risks For Dealmakers

    Author Photo

    A pending California bill would turn the state attorney general's office into a more powerful antitrust enforcer, introducing a host of implications for dealmakers beyond whether deals close, such as deal certainty and risk allocation, say attorneys at Baker Botts.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

    Author Photo

    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • What Fed's Fast Track To Account Access Means For Fintechs

    Author Photo

    Fintechs, stablecoin issuers and other nonbank entities should assess eligibility, compliance demands and operational limits ahead of the Federal Reserve's potential finalization of a payment account framework proposing a faster path to direct access to key payment rails, says Stephen Aschettino at Fox Rothschild.

  • FTC Focus: Calibrating Biden-Era Issues In 2026's 1st Half

    Author Photo

    In the first half of 2026, Federal Trade Commission actions have redefined which of the previous administration's theories it views as legally sustainable, institutionally worthwhile and consistent with a more restrained conception, including a pivot from rulemaking to case-specific noncompete enforcement this spring, say attorneys at Proskauer.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

    Author Photo

    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Why Ultra-Processed Foods May Be The Next Big Mass Tort

    Author Photo

    With multiple federal lawsuits filed already this year over the alleged harms caused by ultra-processed foods, and policymakers targeting UPFs for increasingly strict regulation, the sector exhibits the same structural characteristics identified historically in major mass torts, say Ruth Levy at Womble Bond and Elizabeth Epes at Financial Asset Recovery Analytics.

  • Class Actions Have Entered The Fight Over Prediction Markets

    Author Photo

    While disputes brought by states over the regulation of prediction markets have claimed most of the headlines, class actions brought by ordinary citizens, particularly in Kentucky and Massachusetts, represent another avenue to challenge the legality of the prediction markets themselves, says Laura Chiu at DarrowEverett.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

    Author Photo

    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • HHS Enforcement Restructuring Signals Compliance Risks

    Author Photo

    The U.S. Department of Health and Human Services' recent restructuring of its Office for Civil Rights suggests that, while Health Insurance Portability and Accountability Act enforcement remains central, its priorities have expanded to encompass civil rights, conscience and religious freedom, and data and cybersecurity issues, say attorneys at King & Spalding.

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.