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Public Policy

October 26, 2026
Feds Say States Lack Standing To Sue Over HHS Vax Overhaul

The Trump administration is again asking a California federal judge to toss a coalition of states' lawsuit challenging its decision to cut vaccine recommendations for children, arguing that the states cannot show harm that gives them standing to sue.
October 26, 2026
Kalshi Sues Louisiana Over 'Threat' To Its Sports Contracts

Kalshi filed preemptive litigation against Louisiana state officials and entities saying their actions and statements deeming prediction market activities unlicensed gambling means it's facing "a threat of irreparable harm, leaving [it] with no choice to protect its commercial interests and those of its users except to bring this suit."
October 26, 2026
Conn. Justice Insists PTSD A 'Physical' Injury In Comp Case

A Connecticut Supreme Court justice told counsel for the town of East Hartford on Monday that post-traumatic stress disorder is a physical injury, even though it is not observable with X-rays and other medical detection methods, and it is "nonsense" to suggest otherwise amid workers' compensation litigation.
October 26, 2026
Colo. AI Rules Face Calls For Longer Compliance Window

Business groups across the tech, banking and other industries pushed Colorado's attorney general Monday to revisit his proposed rules for the use of artificial intelligence to make consequential decisions and to fuel chatbots in order to address concerns such as their potential conflict with existing laws and the tight window for implementation.
October 26, 2026
DOJ Says US Can Ax NAACP Suit Over X.AI Pollution

The federal government continued to argue that it can dismiss a NAACP citizen suit alleging X.AI Corp. unlawfully installed dozens of polluting gas turbines to power a data center days after a Mississippi federal judge found no support for such an assertion.
October 26, 2026
Wash. Foster Home Abuse Claims Not Covered, Insurer Says

A boys group home operator isn't entitled to coverage for claims stemming from abuse alleged by former residents of the Washington state facility, an insurer told a federal court, saying the facility is not listed under an endorsement that restricts bodily injury coverage to specific locations.
October 26, 2026
Tribal Legal Group Sues To Halt Calif. Archives' Shutdown

California Indian Legal Services is asking a district court to block the federal government's planned closure of a national archives facility in San Bruno that will relocate Indigenous records so they can be digitized and rehoused, arguing that its clients and tribes have relied on the site for more than 50 years.
October 26, 2026
South Carolina AG Backs FCC's Prison Phone Jamming Plan

South Carolina's attorney general wrote to the chief of the Federal Communications Commission to support a proposal that would allow prisons to jam the signals of contraband cellphones.
October 26, 2026
Mozambicans Can Stay Anonymous In $4.7B Ex-Im LNG Fight

A group of Mozambicans can use pseudonyms in their challenge of a $4.7 billion Export-Import Bank of the U.S. loan to a natural gas project in Mozambique, a D.C. federal judge ruled, granting them protection they say they need from violent government retaliation.
October 26, 2026
11th Circ. Nixes Challenge To Ga. Campaign Finance Law

The Eleventh Circuit on Monday shut down a political action committee's lawsuit alleging a state campaign finance law unlawfully favored a rival to its preferred gubernatorial candidate, Georgia Secretary of State Brad Raffensperger, concluding that the end of Raffensperger's campaign nullified the case.
October 26, 2026
Immigrant Detainees Say ICE Is Defying Clean Facility Order

A certified class of detainees held in a U.S. Immigration and Customs Enforcement facility in the Mojave Desert asked a California federal court again to enforce its preliminary injunction requiring humane conditions and independent monitoring.
October 26, 2026
In 2/3 Generics Cases, Mylan Execs Allowed To Revoke 5th

A Connecticut federal judge carved a different path Friday for two later generic-drug price-fixing cases from state attorneys general, allowing Mylan executives to revoke their previous invocation of the Fifth Amendment unimpeded, after previously allowing the enforcers to challenge that revocation in the first case set for trial.
October 26, 2026
Farmworker Seeks Higher Atty Fees, Citing 9th Circ. Ruling

A farmworker and a union urged a Washington federal court to increase a previous attorney fee award to nearly $430,000 following a recent Ninth Circuit decision in their favor, arguing they are entitled to more fees due to their success in challenging the federal government's agricultural wage survey methodology.
October 26, 2026
Order Restoring Park Signage 'Flawed,' Feds Tell 1st Circ.

The Trump administration has urged the First Circuit to vacate a "deeply flawed" ruling requiring it to restore signage addressing climate change, slavery and the history of Indigenous peoples at dozens of National Park Service-managed sites.
October 26, 2026
Whistleblower 'Gold Rush' Might Strain DOJ, Experts Warn

A new federal program offering cash for tips that result in criminal fraud charges is poised to set off a whistleblower "gold rush" that could uncover more fraudsters, but might also invite a high number of low-quality claims that burden businesses and strain limited U.S. Department of Justice resources, experts say.
October 26, 2026
First Liberty Founder Gets 15 Years For Ponzi Scheme

A Georgia federal judge sentenced First Liberty Building & Loan LLC founder Brant Frost IV to 15 years in prison Monday, about six months after prosecutors charged him with running a Ponzi scheme that bilked investors out of $140 million.
October 26, 2026
Treasury Seeks To Expand Curbs On AI And Biotech Deals

The U.S. Treasury Department is looking to expand its security program for foreign-based investments to cover new technologies and countries of concern, proposing rules that would prohibit certain investments in artificial intelligence and biotechnologies while also creating new exceptions for the program.
October 26, 2026
After Litigation, Ayahuasca Church Gets DEA Registration

After years of litigating against federal regulators, an Iowa church has reached an agreement with the U.S. Drug Enforcement Administration to lawfully use the psychedelic ayahuasca for religious purposes, the church's attorneys announced Monday.
October 26, 2026
FCC Asked To Combine Study Areas For 4 Iowa Telecoms

Four Iowa local exchange carriers will be joined into one corporate entity, and they have asked the Federal Communications Commission to sign off on the combination of their coverage areas for purposes of federal aid.
October 26, 2026
Refugees Fight DHS Green Card Freeze, Termination Rule

Refugee advocacy organizations on Monday challenged the federal government's hold on processing refugees' green card applications and a rule allowing swifter revocation of refugee status, saying the Trump administration is departing from long-standing practice.
October 26, 2026
Ex-Prosecutors Start Group Targeting Corruption, ICE Abuses

A new group led by former federal prosecutors claims the rule of law "is on life support" because the Trump administration's U.S. Department of Justice has fallen down on the job, and says it will investigate alleged political corruption to build the cases the DOJ "would have brought in ordinary times."
October 26, 2026
Latham Adds California Privacy Agency's Enforcement Chief

Latham & Watkins LLP announced Monday that it has brought on the head of enforcement for California's Privacy Protection Agency, who previously steered numerous high-profile enforcement actions related to state consumer privacy laws, to bolster its privacy and cyber practice.
October 26, 2026
Judge Keeps Mont. Tribal River Water Rights Challenge Alive

A federal district judge says the Department of the Interior and the Blackfeet Tribe cannot dodge a challenge to a Milk River water-rights settlement, but is allowing the Montana Indigenous nation to formally join the case, saying a modification to the agreement would affect its already-guaranteed interests.
October 26, 2026
NBA Strikes Prediction Market Deals With CFTC, Platforms

The NBA announced partnerships with Kalshi and Polymarket on Monday alongside an agreement with the U.S. Commodity Futures Trading Commission to shield the integrity of its games as its ties to prediction market platforms deepen amid fierce legal battles.
October 26, 2026
Trump Plans To Nominate SC Governor's Counsel To Bench

President Donald Trump plans to nominate William Grayson Lambert, chief legal counsel for South Carolina Gov. Henry McMaster, for a judgeship on the District of South Carolina.

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

2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.
The Future Of PCAOB Enforcement After Post-Jarkesy Win

While the Public Company Accounting Oversight Board recently defeated procedural and structural challenges to its enforcement program in D.C. federal court, it's unclear what claims and sanctions the PCAOB can bring against respondents — and whether it's interested in instituting disciplinary proceedings generally, says Mike Plotnick at King & Spalding.
Tort Liability When AI Goes Rogue: Negligence Theory

If reasonable care in the use of artificial intelligence agents cannot eliminate the risk of third-party harm, then AI companies and users of AI agents must consider whether negligence theory provides an adequate framework for assessing harm caused by agents that go rogue, says Donald Hawthorne at Carter Ledyard.
DC Circ. Ruling Clarifies Standards For Buy America Waivers

The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.
How Senate-Passed Bill May Reshape NCAA Antitrust Liability

With the U.S. Senate's recent passage of the Protect College Sports Act, practitioners should not wait for the U.S. House of Representatives' approval to prepare for shifts in potential antitrust protections, compensation, media rights deals and conference mergers, say attorneys at Norton Rose.
Uniting BSA, Sanctions Compliance As Treasury Targets Iran

The past 18 months of Treasury Department policies demonstrate expectations that financial institutions not merely obey sanctions against Iran, but also help expose how it moves money, making it essential that banks eliminate silos between their Bank Secrecy Act and sanctions compliance teams for an integrated response, says Jonathan Harrington at Bradley Arant.
Digging Into Dems' Letter On Subpoena Secrecy Demands

Lawmakers’ recent letter arguing that federal agencies’ use of boilerplate nondisclosure language in subpoenas pressures recipients into silence may lead to a significant overhaul of the current framework, but in the meantime, companies should review their rights and options, say attorneys at Crowell & Moring.
How Bank Lobby's Suit Tests OCC's Crypto Charter Powers

The Independent Community Bankers of America’s recent lawsuit challenging the Office of the Comptroller of the Currency’s ability to charter cryptocurrency companies marks another chapter in the struggle over the appropriate regulatory framework for digital assets, while raising a classic administrative law question at its most basic level, say attorneys at Ballard Spahr.
4 Steps For Cos. Amid Russia Sanctions Law Uncertainty

Russian companies, their U.S. subsidiaries and businesses with Russian commercial relationships should take concrete steps to determine their exposure under ambiguous provisions of legislation that recently expanded the scope of U.S. sanctions, notwithstanding an Oct. 16 executive order waiving most of its restrictions, say attorneys at Wilk Auslander.
New Calif. Law Ties Finance Contracts To State Licensing

Under a California law taking effect in 2028, commercial financing licensing requirements have been substantially expanded — meaning that fintechs relying on limited regulatory enforcement will face risk from their own borrowers, who could use licensing failures to resist repayment, say attorneys at Husch Blackwell.
3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.
How FCC Robocall Rules Reshape TCPA Opt-Out Compliance

The Federal Communications Commission's recent changes to its Telephone Consumer Protection Act rules may simplify how businesses process consumer opt outs for robocalls and robotexts, but they also introduce nuances to the opt-out process that may be challenging to operationalize, say attorneys at Hunton.
5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.
Managing Employer Risk Under Calif.'s No Robo Bosses Law

California's No Robo Bosses Act marks the state's first statutory limit on using artificial intelligence in employee discipline and termination decisions, creating exposure for employers through its corroboration and notice requirements, burden-shifting framework, and potential reach under the Private Attorneys General Act, say attorneys at Reed Smith.
IRS Rule May Put Private Schools' Exempt Status At Risk

In light of recently proposed Treasury regulations that would narrow the options for diversifying student communities, private schools should reexamine how race enters their admissions, financial aid and student programs or risk losing tax-exempt status, say attorneys at Atkinson Andelson.