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Public Policy

  • October 02, 2025

    Comey's 1st Task: Decoding A Cryptic Indictment

    The criminal indictment of James B. Comey is unusually sparse for such a high-profile matter, leaving open questions for the ex-FBI director to probe that could shed more light on how the government intends to prove its case and create potential lines of attack for the defense, experts say.

  • October 02, 2025

    Court Warned Of Harm From Delaying Medical Device Merger

    A D.C. federal court refused to pause the Federal Trade Commission's case challenging Edwards Lifesciences Corp.'s planned acquisition of JenaValve Technology Inc. during the government shutdown after the companies argued that "time is of the essence" for a new lifesaving medical device.

  • October 02, 2025

    Arnold & Porter Bolsters DC Team With Energy Policy Adviser

    Arnold & Porter Kaye Scholer LLP has hired the former executive director of government affairs for the Americas and of U.S. federal relations at Air Products, an industrial gas company that works with clients in a range of industries, the firm announced Wednesday.

  • October 02, 2025

    Feds, Mont. Tribe Dispute $325K Law Enforcement Contract

    The Interior Department and the Northern Cheyenne Tribe are both asking for summary judgment wins in a dispute over law enforcement funding after the tribe accused the U.S. government of failing to provide it with adequate services to maintain programs on its 440,000-acre Montana reservation.

  • October 02, 2025

    Calif. Law Updates Rules For Tax-Defaulted Property Sales

    California has enacted a measure conforming the process of selling tax-defaulted property to a 2023 U.S. Supreme Court decision finding Minnesota violated the Fifth Amendment by keeping proceeds from a foreclosure sale that exceeded a tax debt.

  • October 02, 2025

    Snapshot: Delaware Expands Scope Of Anti-SLAPP Law

    Delaware's governor recently signed into law expanded protections against lawsuits meant to discourage public participation and speech, including broadening whose speech is protected and requiring those who do file such suits to possibly pay attorney fees and damages.

  • October 02, 2025

    Wis. Bill Seeks Awards For Tax Tip-Offs In Construction Biz

    Wisconsin would authorize monetary awards for people who provide information to the state Department of Revenue about construction industry employers believed to be violating state tax laws under a bill introduced in the state Assembly.

  • October 01, 2025

    States Say DOJ Can't Tie Victim Service Funds To Immigration

    Several state attorneys general sued the U.S. Department of Justice in Rhode Island federal court Wednesday over new restrictions prohibiting them from using federal funding that supports crime victims to provide services to "removable aliens," in violation of the Administrative Procedure Act and the U.S. Constitution's spending clause.

  • October 01, 2025

    FTC Halts Fraud Complaints, Spam Call Help Amid Shutdown

    The Federal Trade Commission said Wednesday that none of its mechanisms for reporting fraud, including identity theft, will be available to consumers while the federal government is shut down, nor will the National Do Not Call Registry be operational for consumers or telemarketers.

  • October 01, 2025

    Ga. High Court Says State Can Kill Right Of Way Contracts

    Georgia can cancel right of way contracts with broadband providers any time it wants — and so can the broadband providers, the Supreme Court of Georgia has ruled in a decision hearkening back to a century-old precedent that says contracts with no end date can be canceled whenever.

  • October 01, 2025

    SEC Gives Crypto Custody Nod To State Trust Companies

    The U.S. Securities and Exchange Commission staff has assured registered investment advisers and certain fund issuers they won't risk an enforcement action by using state trust companies as cryptocurrency custodians in a move that some praised as widening access to more crypto-savvy custody options and others decried as an erosion of custody rules.

  • October 01, 2025

    Trump Taps Federal Immigration Judge As Next Wash. US Atty

    Federal Immigration Judge Charles Neil Floyd has reportedly been selected by President Donald Trump as the next U.S. attorney for the Western District of Washington.

  • October 01, 2025

    Contractors Must Record Shutdown-Related Losses, Attys Say

    Government contractors risk losing money due to the shutdown in Washington, D.C., and experts told Law360 that contractors must be diligent about documenting the costs they incur for project delays, stop-work orders and other interruptions to their work.

  • October 01, 2025

    Captive Audience Ban Meets Starkly Different Fate In Calif., Ill.

    A California federal judge preliminarily blocked a new state law that prohibits employers from holding so-called captive audience meetings on Tuesday, the same day that an Illinois federal judge tossed a lawsuit challenging a similar state law in the Prairie State.

  • October 01, 2025

    USPTO Tells Fed. Circ. To Reject Ineligibility Rule Petition

    The U.S. Patent and Trademark Office has urged the Federal Circuit to reject a software company's argument that the office violated due process by rejecting challenges to patents a court has found ineligible, saying that decision is entirely in the office's discretion.

  • October 01, 2025

    Economist Says Google's Ad Tech Fix Enough To Boost Rivals

    Google's expert economics witness urged a Virginia federal judge Wednesday not to break up the search giant's advertising placement technology business, arguing the company's counterproposal would free up rivals without the "market reengineering" threatened by the Justice Department's proposed remedies.

  • October 01, 2025

    Squires Jumps Right Into Patent Eligibility Reform

    U.S. Patent and Trademark Office Director John Squires used his first week at the agency to make bold statements about what should be eligible for patenting, with patent owners celebrating his support of diagnostics, crypto and machine learning technologies.

  • October 01, 2025

    Ex-CFTC Enforcement Head, DOJ Veteran Joins Jones Day

    Jones Day has hired a former director of the U.S. Commodity Futures Trading Commission's Division of Enforcement who is also a nearly two-decade alumnus of the U.S. Department of Justice.

  • October 01, 2025

    Wash. Appeals Panel Reopens Teachers' Pension Interest Suit

    A Washington state appeals court unanimously revived a class action claim that accuses a state pension agency of unlawfully skimming interest from teachers' retirement accounts, holding that a lower court was wrong to decide that it couldn't take up the matter.

  • October 01, 2025

    Denver, Poll Worker Settle Firing Over Jon Stewart Show Talk

    A woman who claimed she was fired by the Denver Clerk and Recorder's Office after appearing on Jon Stewart's TV show in 2022 reached a settlement with the city.

  • October 01, 2025

    US, Copper Co. Ask 9th Circ. To Spike Land Transfer Appeal

    The U.S. government and a copper company have asked the Ninth Circuit to dismiss conservation groups' and an Apache tribe's appeal of an Arizona federal judge's decision to uphold a federal law authorizing a land exchange.

  • October 01, 2025

    Here's How The SEC Survived 2 Prior Shutdowns

    The U.S. Securities and Exchange Commission sent home 90% of its staff Wednesday, including the bulk of its enforcement division, as the agency braces for a shutdown of uncertain length by drawing on lessons from two prior long-running impasses in the past 12 years.

  • October 01, 2025

    Trump Withdraws Nomination Of Quintenz For CFTC Chair

    President Donald Trump has withdrawn his nomination of Brian Quintenz to lead the U.S. Commodity Futures Trading Commission, following a delay at the president's request of a Senate committee vote on the nomination and Quintenz's public feud with crypto exchange founders Tyler and Cameron Winklevoss.

  • October 01, 2025

    ÃÛÌÒÊÓÆµ 'Will Continue Operations' As Gov't Shutdown Hits

    The Consumer Financial Protection Bureau has told its staff to expect business as usual amid the government shutdown that began Wednesday, assuring them that operations, pay and benefits will continue uninterrupted, according to an internal email obtained by Law360.

  • October 01, 2025

    DC Circ. Deems FERC-Approved Pipeline Rates Unjustly High

    The D.C. Circuit wiped out FERC's approval of fuel rates charged by a Kinder Morgan unit's pipeline following an expansion project, saying the agency unfairly saddled gas producer Antero Resources Corp. with higher rates than other pipeline customers.

Expert Analysis

  • How Trump's Space Order May Ease Industry's Growth

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    President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.

  • A Look At 2 Reinvigorated DOL Compliance Programs

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    As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

  • Opinion

    Congress Must Resolve PSLRA Issue For Section 11 Litigants

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    By establishing a uniform judgment reduction credit for all defendants in cases involving Section 11 of the Securities Act, Congress could remove unnecessary statutory ambiguity from the Private Securities Litigation Reform Act and enable litigants to price potential settlements with greater certainty, say attorneys at Sidley.

  • Stablecoin Committee Promotes Uniformity But May Fall Short

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    While the Genius Act's establishment of the Stablecoin Certification Review Committee will provide private stablecoin issuers with more consistent standards, fragmentation remains due to the disparate regulatory approaches taken by different states, say attorneys at Morgan Lewis.

  • FTC's Reseller Suit Highlights Larger Ticket Platform Issues

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    Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Parsing Trump Admin's First 6 Months Of SEC Enforcement

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    The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.

  • HSR Compliance Remains A Priority From Biden To Trump

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    Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.

  • Cos. Face EU, US Regulatory Tension On Many Fronts

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    When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.

  • How EU Is Tweaking Enviro Laws After US Trade Deal

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    While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.

  • The Consequences Of OCC's Pivot On Disparate Impact

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    The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.

  • FDA Transparency Plans Raise Investor Disclosure Red Flags

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    The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.

  • Rising USCIS Denials May Signal Reverse On Signature Policy

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    Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • 2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits

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    A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.

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