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Public Policy
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July 08, 2025
FCC Should Kill Verizon-UScellular Deal, Trade Group Says
The Rural Wireless Association is not a fan of T-Mobile, Verizon and AT&T's plan to split UScellular between themselves — particularly when it comes to Verizon picking up a hefty share of the phone and internet company's spectrum, the trade group has told the FCC.
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July 08, 2025
Split 9th Circ. Axes Illegal Reentry-After-Removal Conviction
A split Ninth Circuit on Tuesday undid a Dominican man's conviction for unlawfully re-entering the U.S. after previously being removed, saying the federal government failed to prove he ever escaped border agents' surveillance near the U.S.-Mexico border.
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July 08, 2025
Breaking Down Stewart's Nonstop Discretionary Denial Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart inundated the patent community in May and June with dozens of rulings altering the landscape of discretionary denials at the Patent Trial and Appeal Board. Here, Law360 goes through what you should know.
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July 08, 2025
Fla. Distorted Detention Center Construction, Group Says
An environmental nonprofit claimed in Florida federal court filings Tuesday it has evidence additional land in the Everglades is being used to construct a federal immigration detention center, alleging a misrepresentation from Florida officials that the camp is built on the footprint of an existing airport structure.
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July 08, 2025
Conn. AG Hits Ticket Marketplace With 1st Data Privacy Fine
An online ticket marketplace has become the first to be handed a monetary penalty under Connecticut's comprehensive data privacy law, with the state's attorney general announcing a settlement Tuesday that will require the company to pay $85,000 and maintain consumer rights request metrics to resolve claims that it failed to fix several alleged privacy notice deficiencies.
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July 08, 2025
Baltimore Police Want Out Of Md. Hemp Cos.' Suit
The Baltimore Police Department wants out of a lawsuit filed by hemp businesses and buyers seeking to upend a Maryland law that would require retailers to get recreational cannabis licenses to buy and sell hemp products, arguing that the department isn't responsible for the legislation.
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July 08, 2025
Insurer Fights ACA Loss, Citing Justices' Trans Care Ruling
Premera Blue Cross urged a Washington federal court to rethink an early win it granted against the insurer over its coverage policy for gender dysphoria surgery, arguing the U.S. Supreme Court's recent decision in U.S. v. Skrmetti is dispositive of a sex discrimination claim in the case.
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July 08, 2025
Macy's Says McLaughlin Ruling Backs Axing DOL's ERISA Suit
Macy's has once again asked an Ohio federal judge to slash a U.S. Department of Labor lawsuit claiming the retail company discriminated against tobacco users by charging them an extra fee through its health insurance plan, this time leaning on the U.S. Supreme Court's recent McLaughlin ruling to argue no new lawsuit is required to push aside agency rulemaking.
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July 08, 2025
Chinese Man Arrested Over COVID Data Theft, Law Firm Hack
Federal agents have arrested a Chinese citizen to face criminal charges for his alleged role in the Microsoft "HAFNIUM" cyberattack in which the People's Republic of China allegedly directed him and a co-conspirator to hack email accounts at a law firm and a Texas university to steal crucial COVID-19 vaccine information.
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July 08, 2025
Puerto Rico Bond Suit Doesn't Belong In Conn., Insurers Say
The insurers of billions in bonds issued by the Puerto Rico Sales Tax Financing Corp. say a Connecticut federal judge can't hear a proposed class action accusing them of failing to pay bondholders the full value of their investments after a 2016 bankruptcy default.
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July 08, 2025
Pot Smell May Be Hemp So No Probable Cause, 4th Circ. Told
A North Carolina man urged the Fourth Circuit on Monday to revive his challenge of a police officer's search of his car based on the smell of marijuana, saying the government is wrongly asserting the search was legal because there are legal forms of hemp with an indistinguishable odor.Â
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July 08, 2025
Trump, Iowa AG Back Florida's Push To Enforce Migrant Law
The Trump administration, the state of Iowa and the Immigration Reform Law Institute told the Eleventh Circuit they support Florida's push to enforce a law criminalizing the entry of unauthorized immigrants into the state, arguing the law isn't preempted by federal statutes.Â
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July 08, 2025
Trump Declares 50% Copper Tariff, Floats 200% Pharma Tariff
President Donald Trump announced Tuesday that he will impose a new 50% tariff on copper imported into the U.S., while also raising the possibility of imposing a 200% tariff on pharmaceuticals.
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July 08, 2025
Crypto Groups Back Developer's Money Transmitter Challenge
A coalition of crypto industry groups voiced their support for a challenge seeking to protect software developers from catching criminal cases over others' use of their creations, telling the Texas federal judge overseeing the case that the U.S. government has recently taken "an unprecedented, sweeping interpretation" of money transmission statutes.
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July 08, 2025
Judge Tosses Pot Convict's Gun Rights Case
A Maine federal judge on Tuesday dismissed a suit from a man convicted of trafficking cannabis who alleged that his Second Amendment rights were being violated, finding that policies barring felons from gun ownership have been consistent with the country's history.
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July 08, 2025
8th Circ. Strikes Down FTC's Click-To-Cancel Rule
An Eighth Circuit panel on Tuesday vacated the Federal Trade Commission's planned "click-to-cancel" rule, which would have required companies to allow customers to ditch their subscriptions with a single click, finding that the commission did not follow the proper procedures once a judge determined the rule change would cost over $100 million.Â
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July 08, 2025
Chicago Nabs Early Win In City Workers' Genetic Bias Suit
The city of Chicago defeated allegations that the genetic information of two employees was taken when their spouses took part in a wellness program, with an Illinois federal judge finding that evidence does not back the claims that detailed information was disclosed in violation of federal law.
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July 08, 2025
Mich. Judge Certifies Edenville Dam Flood Victim Classes
A Michigan claims court judge has certified classes of businesses and residents affected by flooding from the collapse of a hydroelectric dam, ahead of a January trial to determine if state agencies are liable for the disaster.Â
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July 08, 2025
States Back Enviro Orgs. Bid To Block EPA's Halt Of $3B Grant
A group of Democratic attorneys general on Monday told a D.C. federal district court that the U.S. Environmental Protection Agency's decision to terminate environmental justice grants deprives vulnerable communities of funding "necessary to achieve a healthy environment."
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July 08, 2025
DHS Faces New Suit Over Protected Status Terminations
An immigration rights group hit the U.S. Department of Homeland Security with another Administrative Procedure Act lawsuit in California federal court on Monday, challenging its abrupt termination of temporary protection for over 60,000 immigrants from Honduras, Nicaragua and Nepal who've sought refuge from environmental and political crises in their home countries.
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July 08, 2025
Feds Fight Class Injunction Bid In Birthright Citizenship Row
The Trump administration Monday opposed two immigration advocacy groups' bid to block President Donald Trump's birthright citizenship executive order for a proposed nationwide class, saying the groups were essentially seeking a universal injunction that the U.S. Supreme Court had recently rejected.
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July 08, 2025
Trump Tariff Fights Put Spotlight On Major Questions Doctrine
Challenges to President Donald Trump's global tariffs have brought renewed attention to the U.S. Supreme Court's major questions doctrine, including observations that lower courts have so far inconsistently applied this approach when scrutinizing a range of agency actions.
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July 08, 2025
Kansas Extends STAR Bonds To Continue Chiefs, Royals Talks
Kansas lawmakers have approved a one-year extension of the state's Sales Tax and Revenue bonds while the Missouri-based Kansas City Chiefs and Kansas City Royals continue talks with officials about migrating to Kansas.
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July 08, 2025
Biosimilars Industry Group Backs Interchangeability Bill
The current law on how biosimilars are deemed interchangeable or not with their name-brand biologic equivalents has led to public confusion over how safe biosimilars are, a coalition of healthcare industry groups told lawmakers in a letter Monday.
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July 08, 2025
Judge Halts Plan To Slash AmeriCorps Workforce, Funding
A Maryland federal judge determined that the Trump administration must reinstate hundreds of AmeriCorps employees and restore $400 million in funding and grants to nonprofits, saying public interest and a balance of equities favor a preliminary injunction.
Editor's Picks
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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
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New Laws Show How States Are Checking AI Developers
Recent state consumer protection legislation shows Utah, Colorado and Texas are primed to impose controls on artificial intelligence, and exemplifies the states' unwillingness to accord strong deference to developers and deployers of AI tools, say attorneys at Polsinelli.
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Nev. Steps Up Efforts To Attract Incorporations With New Law
Recent amendments to Nevada corporate law, which will narrow controlling stockholders’ liability, streamline mergers and allow companies to opt out of jury trials, show the interstate competition to attract new and reincorporating companies is still heating up, say attorneys at Simpson Thacher.
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Birthright Opinions Reveal Views On Rule 23(b)(2) Relief
The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Plan For Increased HSR Info Sharing With Wash. Antitrust Law
Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.
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Federal Construction Considerations Amid Policy Overhaul
The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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3rd-Party Audit Tactics To Improve Export Control Compliance
Companies should take a strategic approach to third-party audits in response to the Trump administration's ramp-up of export control enforcement with steps that strengthen their ability to identify the control weaknesses of distributors, dealers and resellers, say Michael Huneke at Hughes Hubbard, and John Rademacher and Abby Williams at Secretariat Advisors.
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A Look At Trump Admin's Shifting Strategies To Curtail ÃÛÌÒÊÓÆµ
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Evading DOJ Crosshairs As Data Security Open Season Starts
As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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How Trump Admin Treasury Policies Are Reaching Banks
The Treasury Department has emerged as an important facilitator of the Trump administration's financial policies affecting banks, which are now facing deregulation domestically and the use of international economic authorities in cross-border trade and investment, say attorneys at Davis Polk.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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FTC Focus: Enforcers Study AI Innovation And Entrenchment
The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.