Public Policy

  • December 10, 2023

    Trump Cancels Plan To Testify In NY Fraud Trial Defense

    Donald Trump abruptly canceled his plans to testify in his defense on Monday in the New York attorney general's civil fraud case, announcing the decision in a series of social media posts on the eve of his expected return to the Manhattan courtroom.

  • December 09, 2023

    Texas High Court Halts Order Granting Emergency Abortion

    The Texas Supreme Court hit pause late Friday on a lower-court ruling that granted a pregnant woman permission for an emergency abortion in a fast-moving case believed to be the first of its kind in decades.

  • December 08, 2023

    EU Policymakers Clear Way For Passing Of Landmark AI Act

    European Union policymakers on Friday reached an agreement on rules that would put guardrails on businesses' use of artificial intelligence, removing the final major barrier to the bloc enacting the world's first comprehensive law to tackle the potential risks posed by AI systems.

  • December 08, 2023

    Pa. Justices Reject Consolidation Of Future COVID Cases

    The Supreme Court of Pennsylvania on Friday held that an Allegheny County judge — one of few to rule in favor of businesses seeking insurance coverage for losses stemming from the COVID-19 pandemic — cannot consolidate all future pandemic cases against Erie Insurance Exchange in her courtroom, ruling that she exceeded her authority in doing so.

  • December 08, 2023

    Broadcaster Says No Actual Malice In 2020 Election Lies Case

    A conservative radio personality and the broadcasting company that hosts his show have urged Colorado's state appeals court to find that a defamation lawsuit brought by a former Dominion Voting Systems executive should be tossed, arguing the Dominion employee hadn't shown they knew the allegedly defamatory statements were false.

  • December 08, 2023

    How Immigration Can Fill Labor Gaps — A Series

    In Case You Missed It: In this three-part series, Law360 delves into how immigration restrictions are exacerbating labor shortages in the healthcare, hospitality and technology industries, and what changes are needed to overcome the gaps.

  • December 08, 2023

    New Drug Patent Proposal Sparks Worry Over Gov't Overstep

    The Biden administration's proposal to seize drug patents if the prices of the medicines are deemed unreasonable is expected to face significant legal pushback, and the potential effects on the pharmaceutical industry may not be what the administration had in mind, experts say.

  • December 08, 2023

    Calif. Privacy Board Wary Of Overbroad AI Regulations

    Staffers for California's privacy regulator faced tough questions from the five-member board at a hearing Friday on proposed plans for regulating technologies fueled by artificial intelligence, with some members expressing concerns that the proposed regulations may be overbroad and disconnected from consumer privacy rights.

  • December 08, 2023

    7th Circ. Takes Hard Look At CFPB Redlining Appeal

    The Consumer Financial Protection Bureau and a Chicago mortgage lender each faced a skeptical Seventh Circuit judge Friday as the appellate court weighed whether it should revive the agency's redlining lawsuit accusing the lender of unlawfully disparaging majority-Black neighborhoods.

  • December 08, 2023

    Foreign Ambassadors Urged To Counter Fla. Immigration Law

    Over 80 immigration rights organizations on Friday urged representatives of 12 foreign countries to speak out against a new Florida law that criminalizes transporting undocumented individuals into the state, warning their citizens could face detention, expulsion and, potentially, human rights violations.

  • December 08, 2023

    Solicitor General Urges Justices To Ax Social Media Laws

    U.S. Solicitor General Elizabeth B. Prelogar has called on the U.S. Supreme Court to strike down laws in Texas and Florida that bar social media platforms from banning users or removing content, saying the content moderation provisions violate the First Amendment.

  • December 08, 2023

    Advocacy Org Claims Feds Wrongly Redacting Refugee Docs

    The International Refugee Assistance Project urged the Washington, D.C., federal court on Friday to strike down a series of purported U.S. Citizenship and Immigration Services policies that allegedly bar the organization from accessing records critical to their efforts to obtain refugee status for their clients.

  • December 08, 2023

    ND Must Allow New Voting Map To Prevail In Suit, Tribes Say

    A federal judge is allowing two Native American tribes time to plead their case as to why an alternative version of a new state voting map should be used to correct Voting Rights Act violations should North Dakota lawmakers fail to meet a deadline requiring them to make the amendments themselves.

  • December 08, 2023

    Tribe Tells Fla. High Court Gaming Pact Is Constitutional

    Florida's Seminole Tribe on Friday defended state officials in a challenge to the legality of a 2021 pact allowing the tribe to receive online sports betting wagers, saying in a brief filed with the state Supreme Court that the agreement is consistent with the Indian Gaming Regulatory Act.

  • December 08, 2023

    Trade Court Says Fish Import Case Belongs In District Court

    The U.S. Court of International Trade ruled that it can't hear a Texas importer's allegations that the U.S. illegally blocked fish harvested off Antarctica, finding that claims against the international body regulating those waters belong in district court.

  • December 08, 2023

    EPA Awards $7M For Remediation Job Training Programs

    The U.S. Environmental Protection Agency is steering some $7 million in grants to more than a dozen entities around the country for workforce development programs that will recruit, train and place workers to boost economic opportunities and help remediate and revitalize contaminated brownfield sites.

  • December 08, 2023

    Pregnant Woman Proposes Class Suit Against Ky. Abortion Bans

    A woman who's eight weeks pregnant challenged Kentucky's abortion bans in state court Friday, alleging the restrictions violate her privacy and self-determination rights under the state constitution.

  • December 08, 2023

    ​​​​​​​Few Escape Roast From FCC Chair At DC Dinner

    Ripping from the craziest headlines of the last year, Federal Communications Commission Chair Jessica Rosenworcel took a lighthearted turn at the telecom bar's annual dinner in the nation's capital.

  • December 08, 2023

    Lawmakers Float Back Pay For Held-Up Military Nominees

    U.S. Sens. Mike Rounds, R-S.D., and Joe Manchin, D-W.Va., introduced a bill on Friday that would provide back pay to military officers whose promotions were delayed due to a months-long blockade made in protest of a Pentagon abortion policy.

  • December 08, 2023

    Carriers Object To Expanding Data Breach Notification Rule

    The three major telecommunications companies and their industry groups are rallying against the Federal Communications Commission's proposal on data breach notification, calling the agency's definition of what constitutes sensitive personal information overly broad.

  • December 08, 2023

    OCC Pressed For Details On Ex-Fintech Official's Hiring, Work

    House Republicans are calling on the Office of the Comptroller of the Currency to explain more about how it hired a now-former fintech official whose resume was apparently falsified and say what role, if any, he might have had in shaping recent policymaking at the agency.

  • December 08, 2023

    Ayahuasca Church Not Tax-Exempt, US Tells DC Circ.

    An Iowa church that used a federally illegal psychedelic in its rites was correctly denied tax-exempt status by the Internal Revenue Service and a district court, the federal government told the D.C. Circuit on Friday, saying the church was organized and operated primarily for a nonexempt, illegal purpose.

  • December 08, 2023

    NY Regulators OK Medical Pot Cos.' Pivot To Recreational

    New York cannabis regulators, in compliance with the terms of a recent legal settlement, approved a resolution Friday to let some medical marijuana businesses begin operating in the nascent adult-use cannabis market.

  • December 08, 2023

    Counties Seek Unified Front Against Broadband Permit Bill

    A group representing county governments wants local officials to band together against a GOP plan on Capitol Hill to reduce barriers to broadband deployment by revamping local permitting powers.

  • December 08, 2023

    SC Argues With 4th Circ. Over Right To Sue Under Medicaid

    A recently decided U.S. Supreme Court case that tailored the test for when private lawsuits can be filed under a federal health law took center stage Friday at the Fourth Circuit, where judges grappled with whether they must rethink a previous ruling preventing South Carolina from dropping a Medicaid provider pact it had with Planned Parenthood.

Expert Analysis

  • Reading The Fine Print On FDA's Prescription Drug Ad Rule

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    The U.S. Food and Drug Administration's new final rule regarding the disclosure of risks and side effects in ads for prescription drugs includes some broad and potentially subjective language, and some missed opportunities to address how traditional media formats have changed in recent years, say attorneys at Ropes & Gray.

  • Inside DOD's Final Commercial Products And Services Rule

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    The recently released final amendment of a Defense Federal Acquisition Regulation Supplement provision will help streamline negotiations over subcontracts that provide commercial products and services, but its failure to address certain key questions means government contractors must still await further guidance, say Alex Sarria and Connor Farrell at Miller & Chevalier.

  • What Banks Should Know About FDIC Assessment Rule

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    Max Bonici at Venable answers questions banking organizations may have about the Federal Deposit Insurance Corp.'s recent approval of a rule implementing a special assessment on banks to recoup costs associated with protecting uninsured depositors after the bank failures earlier this year, and highlights other considerations for uninsured deposits.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Green Tech And IP From Obama Through Biden: What's Next?

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    J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.

  • Aviation Watch: Pilots Face Mental Health Catch-22

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    The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.

  • Private Industry Is Taking The Lead On AI Governance

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    Although no mature body of law for artificial intelligence exists yet, businesses promoting responsible AI governance are responding in real time to real-world concerns about the risks of this emerging technology, instead of relying on regulators and lawmakers, whether driven by altruistic motivations, competitive concerns or regulatory tactics, says Chris Wlach at Huge.

  • The SEC's Cooled Down But Still Spicy Private Fund Rules

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    Timothy Spangler and Lindsay Trapp at Dechert consider recently finalized U.S. Securities and Exchange Commission rules, which significantly alter the scope of obligations private fund advisers must meet under the Investment Advisers Act, noting the absence of several contentious proposals and litigation that could result in implementation delays.

  • 5th Circ. Ruling Sets Bostock, Faith Exemption Up For Review

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    The Fifth Circuit's Braidwood v. Equal Employment Opportunity Commission decision could tee up U.S. Supreme Court review of whether employing an individual to whose protected class the employer objects infringes on the employer's religious beliefs, potentially narrowing LGBTQ worker protections from the high court's 2020 Bostock v. Clayton County decision, says Adam Grogan at Bell Law.

  • What US-Canada Critical Minerals Collab Means For Cos.

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    Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.

  • Expect CFPB Flex Over Large Nonbank Payment Cos.

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    A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • High Court's Chevron Review May Be A Crypto Game-Changer

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    The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.

  • What New DHS Cybersecurity Policy Means For Bid Protests

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    The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.

  • Alcohol's E-Commerce Spike Brings Regulatory Dilemmas

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    In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.

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