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Public Policy

June 12, 2025
NJ Judge Clarifies Provisions Of New Affordable Housing Law

A New Jersey state judge has denied a bid from a coalition of 29 Garden State municipalities to block a number of provisions of a new affordable housing directive, but he provided clarity on some parts of the directive, and the coalition is calling the clarification a win.
June 12, 2025
Legal Noncitizens OK For Domicile Tax Break, SC Judge Says

A legally present couple from India showed intent to remain domiciled in their South Carolina home and therefore qualify for the property tax treatment granted for owner-occupied residences, an administrative judge ruled.
June 12, 2025
8th Circ. Stubs Out Challenge To FDA Menthol Vape Denial

The Eighth Circuit on Thursday threw out a challenge from SWT Global Supply Inc. to the U.S. Food and Drug Administration's denial of its application to market menthol-flavored e-cigarettes, saying the agency didn't arbitrarily or capriciously find that the company's sales plan failed to meet its standards for promoting public health.
June 12, 2025
Calif. Sues Trump Over 'Wildly Partisan' EV Waiver Repeal

The California attorney general and 10 other states sued the Trump administration in federal court Thursday minutes after President Donald Trump signed resolutions repealing California's Clean Air Act waiver that allowed the state to establish its own vehicle emissions standards, slamming the resolutions as unconstitutional, irrational and "wildly partisan."
June 12, 2025
DHS Tightens Rules On Info Disclosure, Medical Exam Validity

U.S. Citizenship and Immigration Services has issued two policy updates this week, one changing how the agency will disclose derogatory information when it intends to issue an adverse decision, and another reversing course on how long medical exams are valid.
June 12, 2025
Tribal Students Sue Feds Over Change To Financial Aid Policy

Two New York tribal members want a federal district court to block a decision by the U.S. Education Department to reverse course on its residence documentation policy for Indigenous students seeking financial aid, saying the agency offered no justification for the change that will prevent them from attending college.
June 12, 2025
Stranded Asylum-Seekers Sue Trump Over Border Closure

A proposed class of asylum-seekers stranded in Mexico has sued the Trump administration, arguing there is no legal basis to shut down the southern U.S. border to people who are entitled under U.S. law to apply for asylum when they arrive in the U.S. or at the border.
June 12, 2025
China Agrees To Loosen Rare Earth Restrictions, US Says

Chinese trade negotiators have agreed to lift export controls on rare earth elements in exchange for the U.S. walking back a campaign to revoke visas for Chinese students, according to statements by U.S. officials, which experts said leave key issues unresolved.
June 12, 2025
Philly Suburb Retirees Sue Ch. 9 Receiver Over Asset Sale

A committee of retired city employees sued the Chapter 9 receiver overseeing the city of Chester, Pennsylvania's municipal bankruptcy, arguing that by requiring water system assets be sold to a publicly owned entity, the receiver is forgoing private bids that could generate an extra $270 million for the city's creditors.聽
June 12, 2025
Harvard Researcher Held By ICE Over Specimens Released

A Harvard Medical School researcher and Russian national who has been detained by U.S. immigration authorities since聽February, when frog embryo specimens were found in her luggage at Logan Airport, was released from custody Thursday while she awaits trial on a smuggling charge.
June 12, 2025
Detroit Can't Block Sidewalk Hazard Suit, Mich. Justices Say

Detroit cannot claim immunity in a lawsuit over a man's injuries from tripping on a metal post embedded in a sidewalk, the Michigan Supreme Court said Wednesday, ruling that the protrusion constitutes a dangerous defect under state law.
June 12, 2025
Judiciary Committee Clears Squires For Full Senate Vote

The U.S. Senate Judiciary Committee approved former Goldman Sachs intellectual property attorney John Squires to serve as U.S. Patent and Trademark Office director on Thursday, putting his nomination in the hands of the full Senate.
June 12, 2025
Mass. Judge, On Stand, Denies Helping Immigrant Evade ICE

A Massachusetts judge accused of approving a plan to let a man elude immigration officers by letting him leave the court through a back door seven years ago testified Thursday that was not her intent when she granted a request to let him speak with an attorney in a courthouse lockup.
June 12, 2025
DOJ Sues NY Over Law Blocking ICE Arrests At Courthouses

The federal government slapped New York with a lawsuit Thursday challenging the state's policies that block immigration officials from arresting individuals near its state courthouses.
June 12, 2025
Former Secretary Of State Pompeo Joins Torridon Law In DC

Torridon Law PLLC announced Thursday that Mike Pompeo, who served as CIA director and secretary of state during the first Trump administration, has joined the firm in Washington, D.C.
June 12, 2025
Schumer Slams Delay In BEAD Funding As 'Shameful'

Senate Minority Leader Chuck Schumer, D-N.Y., blasted the Trump administration on the Senate floor Thursday for delaying the government's $42.5 billion broadband infrastructure program, saying it will harm New Yorkers who lack connectivity.
June 12, 2025
Pa. Panel Says Borough Didn't Break Law In Condemning Mall

A Pennsylvania appellate panel affirmed a decision backing the borough of West Mifflin's condemnation of a local mall, rejecting the property owner's argument that its due process rights were violated.
June 12, 2025
DOJ Picks Proceed Despite Worry Over Honoring Court Orders

Two nominations for top positions in聽the U.S. Department of Justice were voted out of committee on party lines on Thursday.
June 12, 2025
Approach The Bench: Judge Proctor On Civility, Civil Rules

R. David Proctor, chief judge of the Northern District of Alabama, is a leader within the federal judiciary. He's both assigned and presided over multidistrict litigation. He may write a nationwide rule governing third-party litigation funding. And he's gained internet fame for ordering two attorneys to eat lunch together.
June 12, 2025
Maine Gives 2 Years To Fight Tax Debt Biz Property Takings

Maine won't allow challenges to聽governmental takings of commercial real estate for nonpayment of property taxes after a statutory two-year period ends, under a bill signed by the governor.
June 12, 2025
Ex-Interior Secretary Salazar On 'Coming Home' To WilmerHale

Former U.S. Sen. Ken Salazar of Colorado, who served as secretary of the U.S. Department of the Interior during the Obama administration and most recently as ambassador to Mexico during the Biden administration, returned this month to WilmerHale's Denver office, which he founded in 2014.
June 12, 2025
Justices Say Habeas Claims Can't Be Added After Judgment

The U.S. Supreme Court on Thursday ruled that a prisoner may not add new claims to a habeas corpus petition once a final judgment is issued, cementing strict limits on repeat habeas filings prescribed by federal law.
June 12, 2025
Justices Grant Compensation Leeway To Late-Filing Vets

The U.S. Supreme Court ruled Thursday that the Barring Act's six-year statute of limitations for certain military-related claims does not apply to combat-related special compensation, a win for a proposed class of roughly 9,000 veterans who say they deserve additional pay despite filing late.
June 12, 2025
High Court Levels ADA Playing Field For Disabled Students

The U.S. Supreme Court on Thursday ruled students claiming disability discrimination in public schools should聽not face a higher standard of proof than聽plaintiffs in other Americans with Disabilities Act and Rehabilitation Act lawsuits.
June 12, 2025
Justices Limit FTCA Defense In FBI Raid Case

The U.S. Supreme Court on Thursday held that the Constitution's Supremacy Clause cannot shield the federal government from Federal Tort Claims Act suits, in the process reviving a Georgia woman's claim over an FBI raid aimed at a gang member but mistakenly carried out at her home.

Editor's Picks

Trump's Legal Battles

States, federal employee unions, various advocacy groups and several individuals have filed聽over 220聽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

5 Open Questions About FDA's AI-Assisted Review Plans

The U.S. Food and Drug Administration recently touted the completion of a generative artificial intelligence program for scientific reviewers and plans for agencywide deployment to speed up reviews of premarket applications, but there is considerable uncertainty surrounding the tools' ability to protect trade secrets, avoid bias and more, say attorneys at King & Spalding.
Bid Protest Spotlight: Jurisdiction, Price Range, Late-Is-Late

In this month's bid protest roundup, Thomas Lee at MoFo examines three May decisions from the U.S. Court of Federal Claims examining the court鈥檚 jurisdiction to rescind an executive order, the impact of agency error in establishing a competitive price range and application of the late-is-late rule to an electronic filing.
How Trump Administration's Antitrust Agenda Is Playing Out

Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.
Justices' Ruling Lowers Bar For Reverse Discrimination Suits

The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees 鈥� and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.
Fed's Crypto Guidance Yank Could Drive Innovation

The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.
DOE Grant Recipients Facing Termination Have Legal Options

Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.
Attacks On Judicial Independence Tend To Manifest In 3 Ways

Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
Loophole To Budget Bill's AI Rule May Complicate Tech Regs

An exception in the One Big Beautiful Bill Act that could allow state and local governments to develop ostensibly technology-neutral laws that nonetheless circumvent the bill鈥檚 ban on state artificial intelligence regulation could unintentionally create a more complex regulatory environment for technologies beyond AI, says Pooya Shoghi at Lee & Hayes.
A Look At Texas Corp. Law Changes Aimed At Dethroning Del.

Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
Prior Art Ruling Highlights Importance Of Detailed Elaboration

The U.S. Patent and Trademark Office's recent decision in Ecto World v. RAI Strategic Holdings shows that when there is a possibility for discretionary denial, and the examiner has potentially overlooked prior art, patent owners should elaborate on as many of the denial factors as possible, says Frank Bernstein at Squire Patton.
Dissecting House And Senate's Differing No-Tax-On-Tips Bills

Employers should understand how the House and Senate versions of no-tax-on-tips bills differ 鈥� including in the scope of related deductions and reporting requirements 鈥� to meet any new compliance obligations and communicate with their employees, say attorneys at Greenberg Traurig.
OCC's Digital Embrace Delivers Risk, Opportunity For Banks

As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.
High Court Birthright Case Could Reshape Judicial Power

Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump鈥檚 birthright citizenship executive order primarily focused on federal judges鈥� power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.
Justices Hand Agencies Broad Discretion In NEPA Review

By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
Remediation Still Reigns Despite DOJ's White Collar Shake-Up

Though the U.S. Department of Justice鈥檚 recently announced corporate enforcement policy changes adopt a softer tone acknowledging the risks of overregulation, the DOJ has not shifted its compliance and remediation expectations, which remain key to more favorable resolutions, say Jonny Frank, Michele Edwards and Chris Hoyle at StoneTurn.