Public Policy

  • April 11, 2024

    Prosecutor Named In Ga. Lt. Gov. 2020 Fake Elector Probe

    Nearly two years after a judge disqualified Fulton County District Attorney Fani Willis from investigating Georgia Lieutenant Gov. Burt Jones over his alleged role in helping former President Donald Trump overturn the state's 2020 presidential election, a state prosecutor has been appointed to handle the case.

  • April 11, 2024

    FTC 'Hopeful' Merger Judges Can See Past Market Definition

    The Federal Trade Commission's top antitrust enforcer emphasized Thursday that the FTC and Justice Department's new merger guidelines could facilitate transaction challenges based solely on "direct" competitive effects, regardless of what market definition numbers indicate.

  • April 11, 2024

    Iowa Makes Illegal U.S. Reentry A State Crime

    Iowa Gov. Kim Reynolds has signed into law a bill that will let state police arrest individuals suspected of having entered the country illegally, raising the prospect of another legal battle over the federal government's jurisdiction over immigration affairs.

  • April 11, 2024

    FDA Commissioner Says Congress Must Act On Hemp, CBD

    The commissioner of the U.S. Food and Drug Administration said Thursday that the agency did not consider hemp-derived CBD safe enough to be sold lawfully as a dietary supplement, and urged Congress to create a new pathway to regulate the substance.

  • April 11, 2024

    Interior Dept. Finalizes Rule To Strengthen Endangered Species Act

    The U.S. Fish and Wildlife Service on Thursday announced a final rule it said is intended to increase participation in its voluntary conservation programs, but environmentalists slammed it as "a huge missed opportunity" to improve conditions for wildlife.

  • April 11, 2024

    Colo. Developer Sues Over Remodeling Impact Fees

    A Colorado developer has accused Pitkin County's Board of Commissioners in Colorado federal court of wrongfully charging impact fees on the remodel of a residential property.

  • April 11, 2024

    DOI Lowers Fees For Solar, Wind Projects On Public Lands

    The U.S. Department of the Interior unveiled finalized updates to its renewable energy regulations on Thursday that are aimed at promoting the development of solar and wind energy on public lands by lowering the associated fees.

  • April 11, 2024

    Drag Ban Opponents Defend Free Speech Stance To 5th Circ.

    A coalition of LGBTQ advocacy groups, performers and venues challenging a Lone Star State law widely seen as a ban on drag shows told the Fifth Circuit that the attorney general "ignores established precedent" in his defense of the legislation, which the groups said chills "inherently expressive" performances.

  • April 11, 2024

    CFPB, EU Say Teamwork 'Critical' As Fintech Bridges Atlantic

    The consumer protection watchdogs in Europe and the U.S. said Thursday that their ongoing dialogue has yielded three shared focuses — the expansion of technology firms' payment services, the use of artificial intelligence in consumer markets and buy now, pay later products.

  • April 11, 2024

    Odebrecht Exec Details Bribes To Ex-Ecuador Comptroller

    The former director of Odebrecht SA's operations in Ecuador told jurors Thursday that he paid millions in bribes to "Miami" — a code name for Ecuador's former comptroller — related to various infrastructure projects the Brazilian conglomerate was building in the country.

  • April 11, 2024

    Ga. Judge Tosses Immigrant Voting Rights Suit Mid-Trial

    As attorneys for the Georgia Secretary of State's office prepared to mount their defense Thursday against a lawsuit challenging the legality of how the state adds newly naturalized citizens to its voter rolls, an Atlanta federal judge instead announced she was dismissing the case mid-trial.

  • April 11, 2024

    Alaska Native Village Defends Donlin Gold Mine Approvals

    Alaska's Native Village of Crooked Creek threw its support behind the federal government in litigation brought by half a dozen tribes challenging its approvals for a massive open-pit gold mine along the Kuskokwim River in southwest Alaska, saying the project will bring meaningful improvements to Crooked Creek.

  • April 11, 2024

    Vineyard Wind Project Thoroughly Vetted, Feds Tell 1st Circ.

    The federal government on Thursday urged the First Circuit to uphold a Massachusetts federal judge's decision tossing a fishing group's challenge to the Vineyard Wind project, saying it was approved by the U.S. Department of the Interior after extensive analysis.

  • April 11, 2024

    Feds Agree To Settle Damages Over 2018 Migrant Separations

    The Biden administration is on track to settle two lawsuits from families that alleged serious harm from a Trump-era policy that resulted in children and parents being separated at the southern border, according to Arizona federal court filings.

  • April 11, 2024

    State Enforcers: Not Joining Fed Cases No Sign Of Opposition

    Several state enforcers said Thursday they choose which antitrust cases being brought by federal enforcers they join based on a number of factors, and it doesn't mean they are opposed to a case if they decide not to join.

  • April 11, 2024

    Prison Racial Gap Narrowing, No Thanks To Reforms, Study Says

    A wide range of changes to criminal sentencing laws that most states have adopted in the last two decades did not play a major role in the reduction of Black-white disparity in imprisonment seen between 2000 and 2020, according to a study released Thursday by the Council on Criminal Justice.

  • April 11, 2024

    1st Challenge To NLRB Structure Axed For Lack Of Standing

    A Washington, D.C., federal judge tossed a constitutional challenge to the National Labor Relations Board's structure filed by two Starbucks employees, ruling that the National Right to Work Legal Defense Foundation-represented baristas did not have standing to sue.

  • April 11, 2024

    NC Justices Hint Holtzman Vogel Immune In Defamation Case

    The North Carolina Supreme Court's Republican majority seems poised to reverse a Court of Appeals decision forcing Holtzman Vogel Baran Torchinsky & Josefiak PLLC to face voters' defamation claims, with one justice lamenting that revoking the law firm's privilege defense could upend decades of case law in the Tar Heel State.

  • April 11, 2024

    Colonial Oil Fined $2.8M For Violating Renewable Fuel Rules

    Colonial Oil Industries Inc. will pay a $2.8 million fine to resolve allegations it dodged federal renewable fuel mandates by selling 100 million gallons of diesel to marine vessels without buying required offset credits, according to a proposed settlement filed in Georgia federal court.

  • April 11, 2024

    DOL's Final OT Rule Incoming After Clearing OMB Review

    The U.S. Department of Labor might soon issue a final rule increasing salaries in order for workers to be considered overtime-exempt under the Fair Labor Standards Act, after a proposed rule cleared the White House's Office of Management and Budget.

  • April 11, 2024

    Medical Cannabis Ads Are Lawful In Miss., 5th Circ. Told

    A Mississippi medical marijuana dispensary is urging the Fifth Circuit to find that state regulations restricting cannabis advertising violate the First Amendment right to free speech, and that the state cannot hide behind the drug's federal illegality.

  • April 11, 2024

    Calif., NY And SD Judicial Nominees Advance To Full Senate

    Four judicial nominees were voted out of the Senate Judiciary Committee on Thursday, including one scrutinized for his affiliation with the National Asian Pacific American Bar Association and the group's position on hot button issues.

  • April 11, 2024

    OJ Simpson's Jury Was Sequestered. Why Not Trump's?

    Unlike jurors in the murder case of O.J. Simpson, the 12 Manhattanites picked to hear criminal charges against Donald Trump likely won't be sequestered during the trial — easing psychological and financial burdens but potentially exposing them to outside pressures.

  • April 11, 2024

    EPA Says Colo. Air Pollution Plan Approval Was Proper

    The U.S. Environmental Protection Agency on Wednesday urged the Tenth Circuit to uphold its approval of a Colorado air emissions permitting program, and said a green group's argument that the scheme contains too many exemptions for the oil and gas industry pollution is mistaken.

  • April 11, 2024

    Sen. Menendez's Wife Gets Own Bribery Trial

    A New York federal judge agreed on Thursday to give the wife of U.S. Sen. Robert Menendez her own trial in a sprawling case accusing the couple of accepting bribes for using the New Jersey Democrat's influence to further the interests of three businessmen.

Expert Analysis

  • Investment Advisers Should Prep For Money Laundering Regs

    Author Photo

    Investment advisers should prepare for a Financial Crimes Enforcement Network proposed rule that would significantly expand anti-money laundering and counter-financing of terrorism obligations by assessing illicit financing risks, and expect examiners to scrutinize unregistered advisers and those with certain foreign clients, say attorneys at Paul Weiss.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

    Author Photo

    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EU Inquiry Offers First Insight Into Foreign Subsidy Law

    Author Photo

    The European Commission's first in-depth investigation under the Foreign Subsidies Regulation into a public procurement process, and subsequent brief on regulatory trends, sheds light on the commission's approach to such cases, as well as jurisdictional, procedural and substantive issues under the regulation, says Matthew Hall at McGuireWoods.

  • What The NIL Negotiation Rules Injunction Means For NCAA

    Author Photo

    A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.

  • Md. May See Vigorous Resale Price Maintenance Enforcement

    Author Photo

    In Maryland, indications of a new focus on resale price maintenance agreements are significant because state prosecution in this area has been rare, particularly outside California, say attorneys at DLA Piper.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

    Author Photo

    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • Takeaways From EPA's New Methane Emission Rules

    Author Photo

    Attorneys at V&E examine two new Clean Air Act rules for the oil and gas industry, explaining how they expand methane and volatile organic compound emission reduction requirements and amplify U.S. Environmental Protection Agency enforcement risks.

  • Uncertainty Surrounds Patent Eligibility Restoration Bill

    Author Photo

    A recent U.S. Senate hearing regarding the Patent Eligibility Restoration Act, a bill that aims to overhaul patent eligibility law and establish clearer statutory exclusions, marks a pivotal moment in the ongoing patent eligibility debate, but the law’s fate remains uncertain as discussions continue, say attorneys at Marshall Gerstein.

  • CSA Case Could Shift Intrastate Commercial Cannabis

    Author Photo

    In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.

  • How AI May Be Used In Fintech Fraud — And Fraud Detection

    Author Photo

    Recent enforcement actions in the fintech and finance industries show that the government is increasingly pursuing fraud enabled by artificial intelligence — at the same time it’s using AI innovations to enforce regulations and investigate fraud, say attorneys at ArentFox Schiff.

  • Antitrust Enforcers' Views On Info Exchanges Are Evolving

    Author Photo

    As antitrust enforcers' views on information exchanges between competing companies have matured in response to technological advances, companies would do well to reconsider whether the exchanges in which they participate meet the most recent compliance benchmarks, say attorneys at Norton Rose.

  • Takeaways From Groundbreaking Data Transfer Order

    Author Photo

    A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.

  • Takeaways From NLRB Advice On 'Outside' Employment

    Author Photo

    Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.

  • FARA Enforcement May Soon Be In The Halls Of Higher Ed

    Author Photo

    Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.

  • What Recent Study Shows About AI's Promise For Legal Tasks

    Author Photo

    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

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!