Public Policy

  • April 09, 2024

    Crowell & Moring Hires Senior Health Atty From Capitol Hill

    Crowell & Moring LLP has hired a health care attorney from the U.S. House of Representatives who most recently served as a senior counsel in that body's Committee on Energy & Commerce, the firm announced Tuesday.

  • April 09, 2024

    California Can Set Own Emissions Standards, DC Circ. Says

    The D.C. Circuit on Tuesday upheld the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, rejecting challenges filed by red states and industry groups.

  • April 09, 2024

    EPA Finalizes Rule Cutting Cancer-Causing Emissions

    The U.S. Environmental Protection Agency on Tuesday finalized restrictions on cancer-causing emissions including ethylene oxide and chloroprene from chemical plants that the agency says will reduce nearby vulnerable populations' risk of cancer and other health problems.

  • April 08, 2024

    Republicans Mobilize Against CFPB's Card Late-Fee Rule

    The top Republican on the U.S. Senate Banking Committee introduced a legislative measure Monday to repeal the Consumer Financial Protection Bureau's $8 late-fee standard for credit cards, the latest in a heated campaign to take down the industry-opposed rule.

  • April 08, 2024

    Feds Tell Justices Trump's Immunity Bid Would Upset Framers

    Former President Donald Trump's claim to absolute presidential immunity from criminal charges related to official acts contradicts the text and intent of the U.S. Constitution and would've been "anathema" to the document's framers, special counsel John L. "Jack" Smith told the U.S. Supreme Court late Monday.

  • April 08, 2024

    7th Circ. Won't Demolish Obama Center Approval

    Federal agencies properly reviewed the environmental impacts of building the Obama Presidential Center in Chicago's Jackson Park, the Seventh Circuit ruled Monday, once again rejecting opponents' attempts to stop construction of the campus set to open in 2026.

  • April 08, 2024

    Dallas Says Strip Clubs Are Trying To Bypass 5th Circ. Ruling

    The city of Dallas told a Texas federal court Friday that a lawsuit by XTC Cabaret Inc. and other strip clubs is nothing but an attempt to circumvent a recent Fifth Circuit decision that upheld the city's ordinance barring "sexually oriented businesses" from operating between 2 a.m. and 6 a.m.

  • April 08, 2024

    Idaho Land Deal Would Sustain Legacy Of Pollution, Tribes Say

    A group of Idaho tribes is urging the Ninth Circuit to uphold a lower court ruling granting a partial win in their challenge to a land transfer for a fertilizer plant's expansion, arguing that if allowed to go forward, it would continue a decadeslong legacy of contamination for their communities.

  • April 08, 2024

    Attys Have Duty To Defend Judges, ABA President Says

    The American Bar Association's president on Monday warned that attacks on judges and the U.S. court system have skyrocketed in recent years and urged lawyers to stand up for the judicial process by defending judges who are unjustly criticized.

  • April 08, 2024

    NRA, LaPierre, Execs Seek To Ax $6M Misconduct Verdict

    The National Rifle Association, its longtime CEO Wayne LaPierre and two other executives asked a New York judge to throw out a Manhattan jury's verdict that they improperly used donor money, among other misconduct, and owe the gun rights group a total of $6.4 million.

  • April 08, 2024

    Small-College Association Approves Transgender Athlete Ban

    Transgender women athletes will not be allowed to compete in women's sports at institutions under the umbrella of the National Association of Intercollegiate Athletics, the first known nationwide college sports organization to enact an across-the-board ban, according to a policy approved Monday.

  • April 08, 2024

    FCC Seeks To Stop Abusers From Tracking Connected Cars

    The Federal Communications Commission is seeking input on how to prevent connected-car technologies from being used to stalk and harass targets of domestic abuse.

  • April 08, 2024

    11th Circ. Wants To Brief Standing In DHS Parole Policy Suits

    The Eleventh Circuit on Monday directed Florida and the federal government to offer their perspectives on whether a recent U.S. Supreme Court decision reviving the Biden administration's immigration enforcement priorities bears on the state's ability to mount a legal challenge to the administration's migrant parole programs.

  • April 08, 2024

    Ex-Venezuelan General Gets Prison Time For Helping Leftists

    A former Venezuelan general was sentenced to more than 21 years in federal prison Monday in New York federal court after previously pleading guilty to providing firearms and support in order to help the Revolutionary Armed Forces of Colombia ship cocaine to the U.S.

  • April 08, 2024

    Credit Reporters Falling Short On Trafficking Rule, CFPB Says

    The Consumer Financial Protection Bureau said Monday that its examiners have been seeing problems in the credit reporting industry with the accuracy and integrity of information that companies are relaying about consumers, including violations of certain recent protections for human trafficking survivors.

  • April 08, 2024

    FTC's Slaughter Defends International Cooperation

    Several federal agency leaders said Monday they are working across the government to help boost competition, as Federal Trade Commissioner Rebecca Kelly Slaughter touted the importance of cooperation on competition issues at home and abroad.

  • April 08, 2024

    Mich. Judge Not Persuaded Wineries' Agritourism Is Speech

    A Michigan federal judge has found a local ban on wineries hosting weddings is not a commercial speech restriction despite the advertising potential of such events, again trimming a contentious zoning dispute ahead of trial. 

  • April 08, 2024

    High Court Creating DEI Headwinds, Colo. AG Says

    Colorado Attorney General Phil Weiser said Monday that the state's major losses last year in cases involving gay rights and prosecuting threatening speech were part of what he views as a trend at the U.S. Supreme Court of hampering efforts to increase diversity, equity and inclusion.

  • April 08, 2024

    La. Drug Caps Conflict With Federal Law, AbbVie Says

    Drugmaker AbbVie is asking a Louisiana federal judge to grant its summary judgment motion and block new state-level pharmaceutical caps for the federal 340B drug discount program, calling the state's competing summary judgment motion arguments "legally and factually wrong."

  • April 08, 2024

    Texas Says Block Of Migrant Law Doesn't Bear On Buoy Fight

    Texas has told a federal judge that a Fifth Circuit ruling blocking a controversial Texas migrant arrest law has no bearing on whether the Biden administration can enforce an 1848 treaty to make the state move a floating border barrier.

  • April 08, 2024

    McConnell Expresses Support For TikTok Divestiture Bill

    Senate Minority Leader Mitch McConnell, R-Ky., on Monday stressed the need for the House-passed bill to clamp down on TikTok, citing vast national security concerns.

  • April 08, 2024

    No Tax Cuts Or Hikes In Va. Budget, Youngkin Now Says

    Virginia would have neither tax cuts nor tax increases in the next biennial budget under an updated plan released Monday by Gov. Glenn Youngkin, who said he knew he must compromise with the Democratic-run General Assembly.

  • April 08, 2024

    DirecTV Questions FCC Legal Authority For New Rules

    DirecTV said the Federal Communications Commission is relying on a faulty interpretation of the Communications Act to justify imposing rules that would block early termination fees for satellite service and require rebates for TV program blackouts during carriage disputes.

  • April 08, 2024

    GOP Candidates Jump Into NJ Ballot Design Fray

    Four Republicans running for Congress in New Jersey filed a state lawsuit Monday seeking to compel the state's 21 county clerks to discard the "county line" ballot and use the "office block" ballot that a federal judge has mandated for Democrats in the June 4 primary.

  • April 08, 2024

    DOI Sued Over Absent Western Gray Wolf Protections

    Ten environmental groups have slapped the U.S. Department of the Interior with a complaint in Montana federal court challenging the agency's finding that gray wolves in the Western U.S. do not warrant listing as an endangered or threatened species under the Endangered Species Act.

Expert Analysis

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EU Inquiry Offers First Insight Into Foreign Subsidy Law

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    The European Commission's first in-depth investigation under the Foreign Subsidies Regulation into a public procurement process, and subsequent brief on regulatory trends, sheds light on the commission's approach to such cases, as well as jurisdictional, procedural and substantive issues under the regulation, says Matthew Hall at McGuireWoods.

  • What The NIL Negotiation Rules Injunction Means For NCAA

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    A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.

  • Md. May See Vigorous Resale Price Maintenance Enforcement

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    In Maryland, indications of a new focus on resale price maintenance agreements are significant because state prosecution in this area has been rare, particularly outside California, say attorneys at DLA Piper.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • Takeaways From EPA's New Methane Emission Rules

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    Attorneys at V&E examine two new Clean Air Act rules for the oil and gas industry, explaining how they expand methane and volatile organic compound emission reduction requirements and amplify U.S. Environmental Protection Agency enforcement risks.

  • Uncertainty Surrounds Patent Eligibility Restoration Bill

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    A recent U.S. Senate hearing regarding the Patent Eligibility Restoration Act, a bill that aims to overhaul patent eligibility law and establish clearer statutory exclusions, marks a pivotal moment in the ongoing patent eligibility debate, but the law’s fate remains uncertain as discussions continue, say attorneys at Marshall Gerstein.

  • CSA Case Could Shift Intrastate Commercial Cannabis

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    In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.

  • How AI May Be Used In Fintech Fraud — And Fraud Detection

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    Recent enforcement actions in the fintech and finance industries show that the government is increasingly pursuing fraud enabled by artificial intelligence — at the same time it’s using AI innovations to enforce regulations and investigate fraud, say attorneys at ArentFox Schiff.

  • Antitrust Enforcers' Views On Info Exchanges Are Evolving

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    As antitrust enforcers' views on information exchanges between competing companies have matured in response to technological advances, companies would do well to reconsider whether the exchanges in which they participate meet the most recent compliance benchmarks, say attorneys at Norton Rose.

  • Takeaways From Groundbreaking Data Transfer Order

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    A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.

  • Takeaways From NLRB Advice On 'Outside' Employment

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    Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.

  • FARA Enforcement May Soon Be In The Halls Of Higher Ed

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    Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • How FinCEN Proposal Expands RE Transaction Obligations

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    Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.

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