Public Policy

  • September 10, 2026

    1st Circ. Keeps USPS Ballot Mail Rule Blocked For Midterms

    The First Circuit on Thursday rejected a request from the U.S. Postal Service to lift a Massachusetts federal judge's order blocking new mail ballot requirements that the appellate court said would create "chaos and widespread disenfranchisement" just weeks before the November midterm elections.

  • September 10, 2026

    Indiana Justices Probe Timing Of Religious Abortion Suit

    Indiana justices sharply questioned both sides Thursday as they wrestled with whether the state's religious freedom law can be used to protect the abortion rights of Jewish women, repeatedly asking whether the case had developed enough to warrant a ruling.

  • September 10, 2026

    EU Seeks Input On Aligning VAT Rules With Circular Economy

    The European Union wants to revise the value-added tax system to promote circular business models intended to be more environmentally friendly, the Taxation and Customs Union said Thursday.

  • September 10, 2026

    Mass. Panel Says Liquor Board Can Tailor Licensing Penalty

    A Massachusetts appellate court held Thursday that revoking a wholesale alcohol supplier's license for violating common ownership rules was not mandatory, finding that state law gives regulators leeway to impose a lesser punishment. 

  • September 10, 2026

    Mass. Judge Sanctioned Over Handling Of ICE At Courthouse

    Massachusetts' highest court on Thursday sanctioned a judge over her handling of a case involving a defendant wanted by immigration agents in 2018, an incident that led to federal charges that were dismissed after the judge agreed to a disciplinary process.

  • September 10, 2026

    Canada Mulls Canned Vegetable Import Quota For US, Others

    Imports of canned vegetables from the U.S. into Canada may be subject to a broader tariff rate quota after a Canadian tribunal found the American products are among those harming Canada's domestic industry following a surge in such imports in 2025.

  • September 10, 2026

    Neb. Tax Board Upholds $1.8M Value Of Apartment Complex

    The Nebraska tax commission said a local assessor correctly valued a 48-unit apartment complex at $1.8 million, after rejecting arguments from its owner that the condition of the building and the market for rentals warranted a reduction.

  • September 10, 2026

    Mich. Panel Keeps 2 Detroit-Area Candidates Off The Ballot

    A Michigan appeals court has upheld an order removing two employees of a city outside Detroit from the ballot in the November election, rejecting the city's argument that a charter provision requiring municipal employees to resign before running for elected office violates the First Amendment. 

  • September 10, 2026

    FCC Ordered To Answer Petition In Discounted Ads Fight

    The Fourth Circuit has ordered the Federal Communications Commission to answer a petition from a group of Democratic candidates seeking to block an agency action that extended discounted television and radio advertising rates to committees that buy spots in coordination with political candidates.

  • September 10, 2026

    Tax Due On Leased Part Of City Parking, Minn. Court Says

    The portions of a parking ramp owned by the city of Duluth but leased to a for-profit hotel are subject to property taxation, the Minnesota Tax Court ruled, rejecting an appeal by the city.

  • September 10, 2026

    Cannabis Equipment OK For Tax Break, Colo. Dept. Says

    Numerous items of equipment used by a company in the cultivation and manufacturing of cannabis products are eligible for Colorado sales and use tax breaks for manufacturing and agricultural operations, the state Department of Revenue said.

  • September 10, 2026

    High Court Bars Mo. From Using GOP Map In Midterms

    Missouri cannot use a newly drawn congressional map that favors Republicans in the midterms, the U.S. Supreme Court ruled Thursday when it stayed a federal judge's order that would've required state election officials to use the challenged map despite the Missouri Supreme Court deeming it invalid without voter approval.

  • September 09, 2026

    Fla. AG Sues Netflix Over 'Bait-And-Switch' Data Harvesting

    Florida has become the second state to sue Netflix over its purported harvesting of personal data from children and families, alleging that the streaming provider engaged in a "bait-and-switch" when it leveraged subscribers' personal information to fuel its advertising despite promising to be a "safe respite" from these practices. 

  • September 09, 2026

    Sugar Buyers Want Paul Weiss DQ'd From Price-Fixing MDL

    Hershey, J.M. Smucker and other food makers urged a Minnesota federal judge Tuesday to disqualify Paul Weiss Rifkind Wharton & Garrison LLP from representing Domino Foods in sugar price-fixing multidistrict litigation, arguing the firm is conflicted out because it saw their confidential sugar-purchasing data when it was being considered as plaintiffs' counsel.

  • September 09, 2026

    NM Again Hauls Meta To Trial, This Time Over Privacy

    The state of New Mexico told a jury Wednesday that Facebook flagrantly misrepresented its privacy practices, including the one that let Cambridge Analytica harvest the data of 87 million mostly nonconsenting users, as the state goes to trial against the company for the third time in seven months.

  • September 09, 2026

    21 States Want Changes To Endangered Species Act Blocked

    California, Massachusetts, Washington and 18 other states on Wednesday filed a pair of suits challenging the Trump administration's recent changes to how the Endangered Species Act is implemented, claiming that the rules drastically weaken safeguards for the most vulnerable species and were rolled out unlawfully.

  • September 09, 2026

    Conn. Regulator GC Admonished To Abide By Records Law

    The Connecticut Freedom of Information Commission admonished the general counsel for the state's utility regulator on Wednesday, warning attorney Scott Muska to properly handle public records requests according to state law.

  • September 09, 2026

    9th Circ. Deems NCAA's 5-Year Rule Injunction Appeals Moot

    A Ninth Circuit panel on Wednesday tossed the NCAA's appeals of court orders barring it from enforcing its five-year rule to sideline two football players from the 2025 season, finding the cases are moot because the "clock has run out" on the season and the athletes' collegiate careers have wrapped.

  • September 09, 2026

    Crypto Org. Taps Prelogar To Back CFTC's Side In Perps Fight

    A crypto policy group advocating for perpetual derivatives markets hired former U.S. Solicitor General Elizabeth Prelogar to pen a brief backing the U.S. Commodity Futures Trading Commission's approval of bitcoin perpetual contracts as the agency fights a challenge from the Chicago Mercantile Exchange.

  • September 09, 2026

    DC Circ. Denies Bid To Force FCC Action On News Policy

    A D.C. Circuit panel declined Wednesday to compel the Federal Communications Commission to respond to a petition seeking a repeal of its news distortion policy, saying the petitioners failed to establish that they have no other adequate means to seek relief.

  • September 09, 2026

    Trump Admin Floats Barring Many Noncitizens From Census

    The Trump administration on Wednesday proposed changes to how people will be counted in the 2030 census to exclude noncitizens who don't have green cards from the headcount and remove questions on race, ethnicity and sexual orientation.

  • September 09, 2026

    Conn. Farmers Can't Point To Hemp Law Injury, Judge Says

    Connecticut hemp farmers and processors failed to overturn state laws that cracked down on the sale of intoxicating hemp products, after a federal judge ruled that they failed to show how they were concretely harmed by statutes that do not directly regulate cultivation.

  • September 09, 2026

    Texas Court Finds Most Of O'Rourke Fundraising Appeal Moot

    A Texas appellate court in a split decision found that onetime presidential hopeful Beto O'Rourke's challenge to a court order blocking fundraising for state Democrats is moot and separately ruled that a Tarrant County, Texas, court has jurisdiction over the case.

  • September 09, 2026

    Pa. Ch. 7 Judge Pans NJ AG In Remanding 'Ghost Gun' Suit

    A Pennsylvania federal bankruptcy judge says an alleged seller of "ghost gun" kits improperly tried to remove a civil suit filed by the New Jersey Attorney General's office to his court, but chided the AG for assuming that her lawsuit was immune from the automatic bankruptcy stay.

  • September 09, 2026

    Mo. Voters Ask High Court To Sort Out 'Irreconcilable' Rulings

    Voters opposed to Missouri's newly drawn congressional map that favors Republicans in the midterms asked the U.S. Supreme Court on Wednesday to lift a federal judge's order requiring state election officials to use the challenged map, which the Missouri Supreme Court deemed invalid without voter approval.

Expert Analysis

  • How New Counter-Drone Rule Will Reshape Event Security

    Author Photo

    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • How Home Infusion Providers Can Adapt To Enrollment Pause

    Author Photo

    Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

    Author Photo

    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • NYDFS Swedbank Order Offers Lessons On Candor

    Author Photo

    The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.

  • 3 Rulings Show High Court's Transnational Litigation Stance

    Author Photo

    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Managing Data Center Power Issues, Public Pushback

    Author Photo

    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • California FAIR Plan Is Outgrowing Last-Resort Role

    Author Photo

    With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

  • Data Center Risks Include Schedules, Supply Chain, Labor

    Author Photo

    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

    Author Photo

    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

    Author Photo

    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

    Author Photo

    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

    Author Photo

    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • A New Era Of Scrutiny For China-Linked Pharma Deals

    Author Photo

    As Congress considers bipartisan legislation that would heighten regulatory scrutiny for life sciences deals involving Chinese biotech entities, companies should reassess the risks and due diligence requirements that will come with using heavily China-dependent pipelines, says Jen Maki at Ankura.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

    Author Photo

    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

    Author Photo

    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

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.