Public Policy

  • August 14, 2024

    Sen. Durbin Slams DOD's Revocation Of 9/11 Plea Deal

    Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee and Senate majority whip, told U.S. Department of Defense Secretary Lloyd Austin on Wednesday he is "troubled" by the secretary's decision to revoke a plea deal for the accused masterminds of the Sept. 11, 2001, terrorist attacks.

  • August 14, 2024

    Streaming Cos. Ask FCC To Gauge Fixed Broadband Market

    Video streamers and other edge providers hope to make one thing clear as the Federal Communications Commission dissects competition in the high-speed internet space — the fixed broadband service market is still dominated by a few heavyweights and more should be done to assess how the addition of new competitors affects individual markets.

  • August 14, 2024

    1st Circ. Revives Vax Refusal Suit Against Beth Israel

    The First Circuit on Tuesday revived a suit against health facility system Beth Israel Lahey Health Inc. from an office manager who was fired over her refusal to be vaccinated against COVID-19, disagreeing with a lower court that said she hadn't shown a genuine religious belief meriting a vaccine exemption.

  • August 14, 2024

    4th Circ. Says T-Mobile Must Face 'Simply Prepaid' TM Fight

    The Fourth Circuit revived a Virginia-based telecommunications company's infringement suit against T-Mobile, ruling that Simply Wireless had done enough to show it was planning to revamp its "Simply Prepaid" branding and hadn't abandoned the trademark when T-Mobile began using it.

  • August 14, 2024

    11th Circ. 'Flunks' Ga. School District's Redistricting Appeal

    Georgia's second-largest school district "flunks" the standing tests to challenge a federal court's injunction blocking the use of an allegedly racially gerrymandered redistricting map it created, having purposefully withdrawn itself from litigation over the map, the Eleventh Circuit has ruled.

  • August 14, 2024

    Mobile Carriers Worry Anti-Robotext Rules Could Go Too Far

    Content-neutral text-blocking standards are not the way to go, a key wireless trade group has told the Federal Communications Commission, saying that stripping away the current industry standards in favor of nondiscriminatory ones would "open the floodgates to messages that consumers do not want."

  • August 14, 2024

    EU OKs Siemens' $3.8B Sale Of Innomotics To PE Firm KPS

    European Union antitrust enforcers signed off Wednesday on German tech conglomerate Siemens AG's plan to sell its Innomotics large motors and drives unit to New York City-based private equity firm KPS Capital Partners, finding that the deal, with an enterprise value of €3.5 billion ($3.9 billion), poses "limited" overlap concerns.

  • August 14, 2024

    Judge Blocks Missouri's Anti-ESG Rules, Handing SIFMA Win

    A Missouri federal judge found Wednesday that the state's anti-ESG rules for brokers and advisers violate the First Amendment and are preempted by federal laws, handing the Securities Industry and Financial Markets Association an early win in its suit against state officials.

  • August 14, 2024

    Israel Boycott Bid On Pittsburgh Ballot Draws Challenges

    A proposed ballot question calling for the city of Pittsburgh to boycott any work with or tax credits for entities that do business with or in Israel during its war in Gaza would be invalid because it violates state and federal laws, according to petitions filed in Pennsylvania state court by a Jewish organization, local clergy and the city controller.

  • August 14, 2024

    The Biggest Enviro Decisions Of 2024: Midyear Report

    2024 has already been one of the most consequential years for environmental law, and it's only half over. The U.S. Supreme Court issued groundbreaking administrative law decisions, while lower appeals courts resolved questions about California's right to promulgate its own vehicle emissions standards, among other rulings.

  • August 14, 2024

    Top Immigration Cases To Watch In The 2nd Half Of 2024

    The remainder of this year could see courts render decisions on President Joe Biden’s efforts to curb unlawful immigration, the legality of the Deferred Action for Childhood Arrivals program, and fresh challenges to immigration-related regulations. Here, Law360 looks at cases that could rock the immigration sphere in the latter half of the year.

  • August 14, 2024

    NY Judge Rejects Trump's 'Stale' Recusal Bid A 3rd Time

    The New York judge who presided over Donald Trump's hush money trial denied the former president's third attempt to remove him from the case ahead of sentencing, ruling that the motion was "nothing more than an attempt to air grievances."

  • August 13, 2024

    Anesthesia Co. Says FTC Lacks Authority To Bring 'Rollup' Suit

    U.S. Anesthesia Partners has told the Fifth Circuit the Federal Trade Commission lacks authority to bring its case directly in federal court without also filing an administrative case accusing the group of monopolizing the Texas anesthesiology market.

  • August 13, 2024

    Texas Judge Exits X's 'Boycott' Suit Against Ads Group, Unilever

    A Texas federal judge overseeing litigation filed by Elon Musk's X Corp. accusing the World Federation of Advertisers, Unilever and others of conspiring to withhold advertising revenue from the company recused himself from the case Tuesday, following news reports that he owns stock in Tesla, another Musk-owned company.

  • August 13, 2024

    TMX Affiliate Sues Pa. Regulator To Block Potential $52M Fine

    A Texas and Georgia-based affiliate of consumer lending company TMX Finance has sued the secretary of the Pennsylvania Department of Banking and Securities, challenging an order from the department that the company says seeks over $52 million in civil penalties over claims tied to loan agreements that allegedly carry interest rates as high as 720%.

  • August 13, 2024

    Chamber Defends Texas Home For CFPB Late-Fee Rule Suit

    The U.S. Chamber of Commerce and other trade associations battling the Consumer Financial Protection Bureau's $8 credit card late-fee rule told a Texas federal judge on Monday that the agency's latest bid to send the case to Washington, D.C., risks creating new rule challenge obstacles for local-level business groups and should be rejected.

  • August 13, 2024

    8th Circ. Finds ATF's Braced Pistol Rule Arbitrary, Capricious

    An Eighth Circuit panel has reversed an order denying a preliminary injunction to block enforcement of a Bureau of Alcohol, Tobacco, Firearms, and Explosives rule regulating pistols with stabilizing braces as short-barreled rifles, finding that aspects of the rule were arbitrary and capricious.

  • August 13, 2024

    CFPB Says Predatory Lenders Targeting Muslim Homebuyers

    The Consumer Financial Protection Bureau said Tuesday it found that an often predatory form of home financing, known as contracts for deed, has become increasingly prevalent in Muslim communities.

  • August 13, 2024

    FDIC Looks To Dodge Suit Over First Republic Bank's Rent

    The Federal Deposit Insurance Corp. urged a California federal court to toss a suit filed by a California landlord that once leased to First Republic Bank, arguing that federal law bars the suit because the FDIC is the bank's receiver.

  • August 13, 2024

    Google Says Search Ruling Irrelevant To Common Carrier Suit

    A recent ruling from a D.C. federal judge that declared Google a monopolist in the general search market has nothing to do with the Ohio attorney general's bid to designate the search engine as a common carrier, Google told an Ohio state court judge.

  • August 13, 2024

    No Cause To Revisit Maple Leaf Standard Yet, Fed. Circ. Says

    The Federal Circuit on Tuesday declined a solar industry group's push to review a decades-old, "breathtakingly deferential" precedent a panel invoked in a decision affirming the president's Trade Act authority to make existing solar safeguard tariffs more trade restrictive.

  • August 13, 2024

    FINRA Flags Potential Pitfalls As Members Wade Into Crypto

    The Financial Industry Regulatory Authority on Tuesday raised potential problem areas it has noticed related to members' dealings in crypto assets as part of a broader update on how the firms it oversees are wading into digital assets.

  • August 13, 2024

    DHS To Expedite Asylum Processing At Canadian Border

    The Biden administration is set to begin expediting asylum processing at the Northern border with Canada and limiting how long asylum seekers have to consult attorneys, U.S. Department of Homeland Security confirmed to Law360 on Tuesday.

  • August 13, 2024

    Houston Election Failures Traced To Ex-Employee's Dual Jobs

    A former employee of Harris County's now-defunct elections administrator's office is facing six felony charges in connection with botching his responsibility to allocate ballot paper to polling sites during the 2022 election, Harris County District Attorney Kim Ogg announced Tuesday.

  • August 13, 2024

    Missouri To Vote On Sports Betting Measure In November

    Voters in Missouri will decide whether to legalize sports betting in the Show-Me State this November, officials announced Tuesday, after years of stalled efforts by lawmakers and clamoring from the area's professional teams.

Expert Analysis

  • Series

    After Chevron: No Deference, No Difference For SEC Or CFTC

    Author Photo

    The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

    Author Photo

    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal

    Author Photo

    In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.

  • 3 Ways Agencies Will Keep Making Law After Chevron

    Author Photo

    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

    Author Photo

    In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.

  • Takeaways From New HHS Substance Use Disorder Info Rules

    Author Photo

    A new U.S. Department of Health and Human Services rule continues the agency's efforts to harmonize complex rules surrounding confidentiality provisions for substance use disorder patient records, though healthcare providers will need to remain mindful of different potentially applicable requirements and changes that their compliance structures may require, say attorneys at Ropes & Gray.

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

    Author Photo

    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • Opinion

    Reform NEPA To Speed Mining Permits, Clean Energy Shift

    Author Photo

    It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q2

    Author Photo

    The second quarter of 2024 in California, which saw efforts to expand consumer protection legislation and enforcement actions in areas of federal focus like medical debt and student loans, demonstrated that the state's role as a trendsetter in consumer financial protection will continue for the foreseeable future, say attorneys at Sheppard Mullin.

  • 6 PTAB Events To Know From The Last 6 Months

    Author Photo

    The first half of 2024 brought a flurry of Patent Trial and Appeal Board developments that should be considered in post-grant strategies, including proposed rules on discretionary denial and director review, and the first decisions of the Delegated Rehearing Panel, say attorneys at Fish & Richardson.

  • Key Takeaways From High Court's Substitute Expert Decision

    Author Photo

    The U.S. Supreme Court’s recent Smith v. Arizona decision, holding that the confrontation clause generally bars prosecutors’ use of a substitute expert witness at trial, will have the most impact in narcotics and violent crime cases, but creative defense lawyers may find it useful in white collar cases, too, say Joshua Naftalis and Melissa Kelley at Pallas Partners.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

    Author Photo

    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • How Generative AI May Aid Merger Clearance Process

    Author Photo

    Generative artificial intelligence capable of analyzing and searching large datasets stands to revolutionize the merger clearance process, including by significantly reducing the time and effort required to respond to Hart-Scott-Rodino second requests, say Kenneth Koch and Brian Blush at BDO USA.

  • Proposed Customer ID Rule Could Cost Investment Advisers

    Author Photo

    A rule recently proposed by FinCEN and the U.S. Securities and Exchange Commission to make financial advisers collect more customer information parallels an anti-money laundering and counterterrorism rule proposed this spring, but firms may face new compliance costs when implementing these screening programs, say attorneys at Lowenstein Sandler.

  • What Passage Of House Crypto Bill Could Mean For Industry

    Author Photo

    While the prospects of the Financial Innovation and Technology for the 21st Century Act, which recently passed the House in a bipartisan fashion, becoming law remain murky, the manner of its passage may give crypto markets a real cause for hope, say Neel Maitra and Dale Beggs at Dechert.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Public Policy archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!