Public Policy

  • March 12, 2025

    11th Circ. Won't Revive Trans Kid's Parents' Suit Against School

    Two Eleventh Circuit judges faced off on the merits of the substantive due process test Wednesday in a lengthy ruling that declined to revive a suit claiming school officials violated parents' rights when they allowed a teenager to express their gender identity at school.

  • March 12, 2025

    EPA Puts 'Holy Grail Of Climate Change Religion' In Crosshairs

    The U.S. Environmental Protection Agency on Wednesday said it is reconsidering its 2009 finding that some greenhouse gases endanger humans' health and welfare — putting the fate of rules that sprang from that landmark conclusion into question.

  • March 12, 2025

    EPA Says Grant Termination Moots Climate Group's Challenge

    The U.S. Environmental Protection Agency told a D.C. federal judge Wednesday that its cancelation of $20 billion in grant funding for climate change projects renders moot Climate United Fund's claim that Citibank is illegally denying its disbursement requests.

  • March 12, 2025

    Law360 Cheat Sheet: Novartis' Fight Over Generic Entresto

    Novartis has led a wide-ranging litigation campaign to block generic versions of its bestselling cardiovascular drug Entresto that has involved multidistrict litigation, trips to several circuit courts and cases against the federal government. Here, Law360 breaks down how the various cases intersect and what's still playing out.

  • March 12, 2025

    Women Attys, AGs Urge Justices To Protect Provider Choice

    Women attorney groups and a group of state attorneys general urged the U.S. Supreme Court to reject South Carolina's attempt to stop Medicaid patients from seeing Planned Parenthood healthcare providers, saying in an amicus brief Wednesday that patients have a right to choose their healthcare providers and have a private right of action to enforce that right.

  • March 12, 2025

    'I Was Wrong': FTC Atty Flips On Cuts Delaying Amazon Trial

    The Federal Trade Commission abruptly backtracked on an in-house attorney's comments about "severe" resource constraints amid the government spending crackdown while urging a Washington federal judge to delay a consumer protection trial against Amazon, with the same attorney telling the court he was wrong in a letter filed hours after a Wednesday status conference.

  • March 12, 2025

    Trump Admin Seeks To End ACA Access For 'Dreamers'

    The U.S. Department of Health and Human Services on Wednesday proposed a regulation that would do away with the Biden administration's rule allowing recipients of Deferred Action for Childhood Arrivals to qualify for Affordable Care Act coverage.

  • March 12, 2025

    Insurance Pros Urge Calif. Lawmakers To Address Fire Risks

    Insurance experts in a committee hearing that largely summed up concerns following the Los Angeles fires urged California lawmakers on Wednesday to address rising physical risks, smoke damage complaints, and regulations meant to expand coverage access.

  • March 12, 2025

    SEC Answers Latham's Call To Free Up Private Capital

    Staff at the U.S. Securities and Exchange Commission issued guidance Wednesday that could allow accredited investors to self-certify their ability to participate in private securities offerings, a move that Latham & Watkins LLP said represents a "new era" for capital fundraising. 

  • March 12, 2025

    'Delete, Delete, Delete': DOGE-Linked Effort Launched At FCC

    The nation's telecom rules will get a makeover to "delete" a lot of requirements the Federal Communications Commission has determined are no longer needed under an effort launched Wednesday by FCC Chair Brendan Carr.

  • March 12, 2025

    Education Dept. Eyes Appeal After Teacher Grants Revived

    President Donald Trump's administration opened two lines of attack on a Boston federal judge's order temporarily reinstating $250 million in U.S. Department of Education grants for teacher training that were cut last month because of their ties to diversity, equity and inclusion efforts, filing an appeal with the First Circuit while also seeking an emergency stay.

  • March 12, 2025

    4th Circ. Won't Undo Health Data Access Order

    A Fourth Circuit panel issued a ruling Wednesday that affirmed a lower court's order requiring PointClickCare to allow Real Time Medical Systems to access patient data that it uses to provide nursing facilities with alerts for potential medical complications.

  • March 12, 2025

    Alaska Tribal Groups' Bid To Update Fish Harvesting Rule Fails

    A federal judge has said the National Marine Fisheries Service didn't violate the law by relying on 2004 and 2007 environmental impact statements to determine specifications for a final groundfish harvest rule for the Bering Sea and Aleutian Islands, rejecting two Alaskan tribal organizations' bid to vacate the rule.

  • March 12, 2025

    Trump Admin Drops Biden Bid To Unfreeze ACA Trans Rule

    The Trump administration asked the Fifth Circuit on Wednesday to dismiss its appeal, filed in July by the Biden administration, of a Texas federal judge's decision to halt a rule protecting access to gender-affirming healthcare.

  • March 12, 2025

    Catholic Bishops Take Refugee Funding Fight To DC Circ.

    The U.S. Conference of Catholic Bishops on Wednesday appealed a federal judge's refusal to require the State Department to reinstate refugee resettlement funding, an issue the lower court determined belongs in the U.S. Court of Federal Claims.

  • March 12, 2025

    HUD Rejects NC City's DEI-Incorporating Disaster Relief Plan

    The U.S. Department of Housing and Urban Development said it rejected a draft plan submitted by Asheville, North Carolina, outlining how the city would distribute $225 million in federal relief funds for hurricane recovery due to the plan's incorporation of "DEI criteria."

  • March 12, 2025

    House GOP Blocks Oversight Of DOGE Taxpayer Info Access

    House Ways and Means Committee Republicans rejected an attempt Wednesday by Democrats to force President Donald Trump's administration to hand over documents related to the Department of Government Efficiency's access to U.S. Treasury Department payment systems and confidential payment information.

  • March 12, 2025

    Live Nation Calls DOJ 'Delay Tactics' Claim 'Groundless'

    Live Nation Entertainment assailed the U.S. Department of Justice for claiming "out of the blue" that the company is slow-walking its discovery obligations in the government's New York federal court monopolization suit centered on the 2010 purchase of Ticketmaster.

  • March 12, 2025

    Justices Face Renewed Calls To Nix Mass. Wind Farm Permits

    Fishing industry groups have asked the U.S. Supreme Court to undo federal approvals of the Vineyard Wind project off the Massachusetts coast, less than two months after the justices declined to consider another legal challenge by project opponents.

  • March 12, 2025

    Senate Confirms Trump's Pick For DOL Deputy Leader

    The U.S. Senate on Wednesday in a party-line vote confirmed President Donald Trump's nominee for deputy labor secretary, the second-in-command of the U.S. Department of Labor.

  • March 12, 2025

    Texas Urges Court Not To Let DuPont Out Of PFAS Lawsuit

    Chemical companies DuPont and Corteva are leaning on a "fraudulent transfer scheme" in order to exit a lawsuit accusing them of making and selling forever chemicals despite knowing about their toxic nature, the state of Texas said Tuesday, urging a federal court not to give them the out.

  • March 12, 2025

    Canada Announces Steel, Aluminum Retaliatory Tariffs On US

    Canada will impose CA$29.8 billion ($20.7 billion) in retaliatory tariffs in response to the 25% rates that President Donald Trump has levied on all steel and aluminum imports, a senior Canadian government official announced on Wednesday.

  • March 12, 2025

    Final Google Fixes Keep Apple Payments, DOJ Tells DC Circ.

    The U.S. Department of Justice doubled down on its arguments against permitting Apple to intervene in the upcoming remedies phase of its Google search monopoly lawsuit, arguing that the newly submitted final version of its sought fixes show Apple would keep getting payments it wants protected.

  • March 12, 2025

    Judge Narrows Injunction In Florida Migrant Transport Case

    A Florida federal judge narrowed a statewide injunction blocking a state law that criminalizes the transportation of unauthorized immigrants, saying the injunction should apply only to the plaintiffs who have established standing in the case.

  • March 12, 2025

    Judge Blocks Order Limiting Perkins Coie Government Access

    A D.C. federal judge on Wednesday halted enforcement of the Trump administration's executive order against law firm Perkins Coie LLP that cited issues including its representation of Hillary Clinton during her 2016 presidential run, calling the order "viewpoint discrimination, plain and simple."

Expert Analysis

  • Rethinking 'No Comment' For Clients Facing Public Crises

    Author Photo

    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Reading The Tea Leaves On Mexico, Canada And China Tariffs

    Author Photo

    It's still unclear whether the delay in the imposition of U.S. tariffs on Canadian and Mexican imports will result in negotiated resolutions or a full-on trade war, but the outcome may hinge on continuing negotiations and the Trump administration's possible plans for tariff revenues, say attorneys at Eversheds Sutherland.

  • DOJ Memos Likely To Increase Mandatory Minimum Charges

    Author Photo

    In line with previous administrations’ pingpong approach to sentencing policy, new U.S. Department of Justice leadership recently rescinded Biden-era memos on charging decisions, cabining prosecutorial discretion and likely leading to more mandatory minimum sentences, say attorneys at Arnold & Porter.

  • A Closer Look At FDX's New Role As Banking Standard-Setter

    Author Photo

    Should the new Consumer Financial Protection Bureau let ​​​​​​​stand the decision empowering Financial Data Exchange as an industry standard-setter, it will be a significant step toward broader financial data-sharing, but its success will depend on industry adoption, regulatory oversight and consumer confidence, say attorneys at Clark Hill.

  • Opinion

    High Court Must Acknowledge US History Of Anti-Trans Laws

    Author Photo

    Despite Justice Amy Coney Barrett's claim to the contrary during oral arguments in U.S. v. Skrmetti, U.S. governments at every level have systematically discriminated against transgender people, and the U.S. Supreme Court must consider this historical context in upcoming cases about transgender issues, says Paisley Currah at the City University of New York.

  • What To Expect In Crypto Banking After SEC Nixed Guidance

    Author Photo

    With the U.S. Securities and Exchange Commission recently rescinding its controversial cryptocurrency accounting guidance, the industry's focus will turn to the potentially significant hurdle to crypto banking posed by the federal banking regulators, say attorneys at Duane Morris.

  • Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy

    Author Photo

    A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.

  • Fund Names Rule FAQs Leave Some Interpretative Uncertainty

    Author Photo

    Although recently released FAQs clarify many specific points of the 2023 expansion to the Investment Company Act's fund names rule, important questions remain about how U.S. Securities and Exchange Commission staff will interpret other key terms when the end-of-year compliance date arrives, say attorneys at Dechert.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

    Author Photo

    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Justices' Certiorari Denial Leaves Interstate Tax Questions

    Author Photo

    Since the U.S. Supreme Court recently declined to review a Philadelphia resident’s claim that her Delaware state income taxes should be credited against her city wage tax liabilities, constitutional questions about state and local tax distinctions linger, and some states may continue to apply Supreme Court precedent differently, say attorneys at Dentons.

  • The Fate Of Biden-Era Clinical Study Guidance Under Trump

    Author Photo

    Draft guidance about the study of sex and gender differences in medical product development issued by the outgoing Biden administration currently faces significant uncertainty and litigation potential due to the Trump administration's executive orders and other actions, say attorneys at Arnold & Porter.

  • Biden-Era M&A Data Shows Continuity, Not Revolution

    Author Photo

    While the federal antitrust agencies under former President Joe Biden made broad claims about increasing merger enforcement activity, the data tells a different story, with key claims under Biden coming in at the lowest levels in decades, say attorneys at Covington.

  • What Travis Hill's Vision For FDIC Could Portend For Banks

    Author Photo

    If selected to lead the Federal Deposit Insurance Corp. in a permanent capacity, acting Chairman Travis Hill is likely to prioritize removing barriers to innovation and institution-level growth, emphasizing the idea that eliminating rules, relaxing standards and reducing scrutiny will reinvigorate the industry, say attorneys at Mitchell Sandler.

  • 10 Issues To Watch In Aerospace And Defense Contracting

    Author Photo

    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.

  • Will Independent Federal Agencies Remain Independent?

    Author Photo

    For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.

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!