Public Policy

  • May 21, 2024

    Texas Oil Co. Sues To Challenge Colo. Regulators' $23M Fine

    A Texas oil and gas company accused Colorado regulators of failing to properly serve violation notices and imposing an "excessive" $23.2 million fine contrary to the rights set forth in the state and U.S. constitutions, in a complaint filed in Colorado state court.

  • May 21, 2024

    Paul Hastings' FDA Chair Departs For Arnold & Porter

    The chair of the U.S. Food and Drug Administration practice at Paul Hastings LLP has left for Arnold & Porter Kaye Scholer LLP just a few months after joining Paul Hastings, the firm said Tuesday.

  • May 20, 2024

    Law On Indian Country Jurisdiction Still Unsettled, Tulsa Says

    Officials of Tulsa, Oklahoma, have asked a federal district court to deny an intervention bid by the United States in a tribal challenge over criminal jurisdiction, saying that as an alternative, the lawsuit should be paused pending the outcome of a state case in which the governor's brother is fighting a speeding ticket.

  • May 20, 2024

    Judge Assails Trump Witness After Manhattan DA Rests Case

    The Manhattan district attorney's office on Monday rested its case in the criminal trial of former President Donald Trump on 34 counts of falsifying business records, while a Davidoff Hutcher & Citron LLP attorney and witness found himself on the wrong side of New York Supreme Court Justice Juan Merchan.

  • May 20, 2024

    Crypto Groups Move To Ditch 'Irrational' SEC Dealer Rule

    A pair of crypto industry groups suing the U.S. Securities and Exchange Commission over its expansion of the dealer definition have asked a Texas federal judge to grant them a win in the suit and cut down the "unexplained and irrational rulemaking" they claim violated the rulemaking process.

  • May 20, 2024

    Colo. Gov. Voices 'Reservations' In Signing AI Bias Bill

    Colorado's governor has approved the nation's first framework to clamp down on algorithmic discrimination in certain artificial intelligence technologies, although he expressed several "reservations" about the measure that he urged the Legislature to address before the law takes effect in 2026. 

  • May 20, 2024

    Idaho, Micron Defend 'Bad Faith' Patent Law At Fed. Circ.

    The state of Idaho and Micron Technology Inc. have told the Federal Circuit that Idaho's law barring "bad faith" allegations of patent infringement is constitutional, defending a lower court's ruling that Longhorn IP must pay an $8 million bond under the law.

  • May 20, 2024

    DOJ Says Google Ad Tech Case About Coercion, Not Dealing

    The U.S. Department of Justice urged a Virginia federal judge Friday to preserve its case accusing Google of monopolizing key digital advertising technology, arguing the search giant is misconstruing a case that is really about forcing customers to use its ad exchanges, not about who the company does business with.

  • May 20, 2024

    House Advances Bill To Limit Some Patent Office Fines

    A bill that would create a "good faith exception" to certain fines from the U.S. Patent and Trademark Office has unanimously passed through the House's Judiciary Committee.

  • May 20, 2024

    Transparency Act Violates Constitution, Groups Tell 11th Circ.

    The Corporate Transparency Act's reporting requirements violate the Fifth Amendment's protection against self-incrimination and other constitutional provisions, libertarian think tank Cato Institute and others said Monday in urging the Eleventh Circuit to uphold an Alabama district court's ruling against the law.

  • May 20, 2024

    Mich. Town Hit With $5M Suit Over Weed Dispensary Flip-Flop

    A marijuana retail store developer has sued a Michigan township in federal court, alleging the township violated the state's zoning enabling act and cost it more than $5 million by unconstitutionally blocking its special-use permit to develop a dispensary after initially greenlighting the development.

  • May 20, 2024

    NC License Law Didn't Violate 1st Amendment, 4th Circ. Finds

    The Fourth Circuit held on Monday that North Carolina's licensing requirements for surveyors don't violate the free speech rights of a drone pilot who sought to create maps for customers, with the court finding the state regulation is backed by sound public interests.

  • May 20, 2024

    Biden Admin Can't Escape Immigrants' Selective Vetting Suit

    A group of Muslim immigrants left in limbo while their applications for naturalization undergo indefinite and what they claim is "extreme vetting" are entitled to their day in court, a Washington federal district judge said Monday in rejecting the Biden administration's bid to end the case for lack of subject matter jurisdiction.

  • May 20, 2024

    Cops Say Challenge To NJ City Pot Policy Is State Matter

    A pair of former Jersey City, New Jersey, cops who sued city officials alleging they were wrongfully terminated for their off-duty use of regulated cannabis have asserted that the city improperly moved the matter to federal court and that the case belongs under state jurisdiction.

  • May 20, 2024

    Ski Resorts Can't Dodge Safety Duties, Colo. Justices Rule

    Colorado ski resorts can't use waivers to free themselves from liability for failing to follow state ski safety laws, the state Supreme Court ruled Monday, concluding that allowing ski resorts to escape such liability would frustrate lawmakers' intent.

  • May 20, 2024

    Investor Group Wants Slowdown On Del. Corporation Law Bill

    Critics of a fast-tracked proposal to amend Delaware's General Corporation Law to give controlling stockholders wider influence or vetoes over some board decisions are urging the state's bar association to tap the brakes, following a Chancery Court decision striking down a Moelis & Co. stockholder agreement as flouting existing law.

  • May 20, 2024

    HOA Pecks At Chickens-As-Pets Theory In NC Appeal

    A North Carolina couple's 60-plus chickens aren't household pets, a local homeowners association has told the state's top court in seeking to reinstate a $31,500 judgment in its favor that was upended last month by a three-judge panel in the lower appeals court.

  • May 20, 2024

    FTC Says Albertsons Execs Deleted Texts In Kroger Case

    Kroger and the Federal Trade Commission are at each other's throats over discovery in the agency's in-house challenge to the grocery giant's $25 billion merger with Albertsons and in district court, with the grocers accusing the agency of "running out the clock" and the FTC accusing the grocers of deleting text messages.

  • May 20, 2024

    4th Circ. Says 'Gargantuan' NC Beach Home Meets Zoning Regs

    A 15,000-square-foot oceanfront vacation home with 24 bedrooms, 25 bathrooms and a swimming pool in North Carolina's Currituck County complies with state and county zoning requirements, the Fourth Circuit ruled in a published opinion.

  • May 20, 2024

    6th Circ. Won't Revive Challenge To $39B Student Debt Relief

    A pair of libertarian think tanks cannot revive their lawsuit challenging the Biden administration's plan to wipe out $39 billion in student loan debt, the Sixth Circuit ruled Friday, saying the groups haven't shown the government's plan puts them at a disadvantage to recruit indebted lawyers and other employees.

  • May 20, 2024

    Texas' Naive Witness 'Unacceptable' In Google Ad Tech Suit

    A judge overseeing a Texas-led lawsuit accusing Google of anti-competitive conduct in the display advertising market has ordered the attorneys general bringing the litigation to provide an adequate witness who can speak to certain facts about the investigation, calling their failure to do so "puzzling and unacceptable."

  • May 20, 2024

    FCC Told Ad Disclosure Rule Would Violate APA, Free Speech

    Broadcasters are continuing their push to get the Federal Communications Commission to drop the potential inclusion of some political ads and public service announcements from proposed foreign disclosure rules, this time saying that the rule would violate the First Amendment.

  • May 20, 2024

    Kepler Backs SpaceX Push To Revamp 'Big LEO' Band

    Satellite tech company Kepler Communications Inc. has urged the Federal Communications Commission to move forward with a potential new sharing framework for the "Big LEO" band as recently proposed by SpaceX.

  • May 20, 2024

    10th Circ. Oral Args. Poised To Shape NM Pollution Coverage

    The Tenth Circuit said there were "good arguments on both sides" of an appeal at oral arguments Monday over whether absolute pollution exclusions doomed a New Mexico property owner's quest for defense coverage of underlying contamination litigation, in a case that could set the tone for insurance battles in the state.

  • May 20, 2024

    Family Sues Feds For Fatal Shooting On Reservation

    The family of a Tohono O'odham Nation man who was shot and killed by U.S. Border Patrol agents is suing the federal government and the agents involved for wrongful death, alleging that his calm demeanor was greeted with a hail of gunfire.

Expert Analysis

  • CFPB Reality Check: Video Game Cash Is Still Money

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    The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • 5 Takeaways From FDA's Biosimilars Promotion Guidance

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    New draft guidance from the U.S. Food and Drug Administration expands upon other recent efforts to clarify expectations for biosimilar and interchangeable labeling, highlighting a number of potential missteps that could draw attention from regulators, say attorneys at Arnold & Porter.

  • The Legal Issues Raised In Minn. Rate Exportation Opt-Out Bill

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    A recent Minnesota House bill would amend state law by opting out of the federal interest rate preemption and introduce several legal gray areas if passed, including issues regarding loan location, rates on credit card loans and values of state charters, says Karen Grandstrand at Fredrikson & Byron.

  • Rebuttal

    Time For Congress To Let Qualified Older Pilots Keep Flying

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    While a previous Law360 guest article affirmed the current law requiring airline pilots to retire at age 65, the facts suggest that the pilots, their unions, the airlines and the flying public will all benefit if Congress allows experienced, medically qualified aviators to stay in the cockpit, say Allen Baker and Bo Ellis at Let Experienced Pilots Fly.

  • Does Expert Testimony Aid Preliminary IPR Responses?

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    Dechert attorneys analyze six years of patent owners' preliminary responses to inter partes review petitions to determine whether the elimination of the presumption favoring the petitioner as to preinstitution testimonial evidence affected the usefulness of expert testimony in responses.

  • Fostering Employee Retention Amid Shaky DEI Landscape

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    Ongoing challenges to the legality of corporate diversity, equity and inclusion programs are complicating efforts to use DEI as an employee retention tool, but with the right strategic approach employers can continue to recruit and retain diverse talent — even after the FTC’s ban on noncompetes, says Ally Coll at the Purple Method.

  • Are Concessions In FDA's Lab-Developed Tests Rule Enough?

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    Although the U.S. Food and Drug Administration's new policy for laboratory-developed tests included major strategic concessions to help balance patient safety, access and diagnostic innovation, the new rule may well face significant legal challenges in court, say Dominick DiSabatino and Audrey Mercer at Sheppard Mullin.

  • 5 Climate Change Regulatory Issues Insurers Should Follow

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    The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

  • How New Rule Would Change CFIUS Enforcement Powers

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    Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.

  • What's Extraordinary About Challenges To SEC Climate Rule

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    A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.

  • 8 Questions To Ask Before Final CISA Breach Reporting Rule

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    The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • Key Priorities In FDIC Report On Resolving Big Bank Failures

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    The Federal Deposit Insurance Corp.'s report last month on the resolvability of large financial institutions contains little new information, but it does reiterate key policy priorities, including the agency's desire to enhance loss-absorbing capacity through long-term debt requirements and preference for single-point-of-entry resolution strategies, say attorneys at Freshfields.

  • Best Practices For Space Security In Our Connected World

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    NASA's recently published space security guide is another indication that cyber-resilience has become a global theme for the space and satellite sector, as well as a useful reference for companies and organizations reviewing their cybersecurity frameworks or looking to partner with the U.S. agency, says Hayley Blyth at Bird & Bird.

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