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Public Policy

March 31, 2026
Nonprofit Says Colo. County Jail Censors Incoming Mail

Weld County, Colorado, officials have mail policies that unconstitutionally prevent a nonprofit from sending educational and outreach materials to people incarcerated at the county's jail, the nonprofit alleged Tuesday in Colorado federal court.
March 31, 2026
7th Circ. Scolds Ex-Judge For Citing Fake Cases In Brief

A Seventh Circuit panel admonished an attorney and former chief federal immigration judge for submitting a brief citing two nonexistent cases and a false quotation, saying while such errors can be "tell-tale signs" of AI hallucinations, her denial she used AI is "plausible" and the court won't consider further sanctions.
March 31, 2026
Blumenthal Presses DHS Chief To Scrap ICE Warrant Memo

Sen. Richard Blumenthal, D-Conn., a top Democrat on the Senate Homeland Security and Government Affairs Committee, is looking for assurances from the newly installed secretary of the U.S. Department of Homeland Security, Markwayne Mullin, that he will honor his apparent pledge to rescind a policy that allows immigration agents to enter private property without a judicial warrant.
March 31, 2026
Cruz, Dems Rip FCC's Staff-Level OK Of $6.2B Nexstar Deal

Sen. Ted Cruz, R-Texas, joined Senate Democrats to attack the Federal Communications Commission's decision to approve the planned $6.2 billion tie-up of broadcast chains Nexstar and Tegna at the staff level without a vote by the regulatory body.
March 31, 2026
Mich. Judge OKs Bias Training For Healthcare Workers

A Michigan judge has upheld a state requirement that healthcare professionals undergo implicit bias training to obtain or renew their licenses, finding the mandate was within the state licensing bureau's power.
March 31, 2026
Protest Targets Noem-Approved $641M Border Barrier Deal

U.S. Customs and Border Protection violated federal contracting law when it awarded a $641 million contract to construct waterborne barriers in the Rio Grande Valley without conducting a competitive bidding process, a joint venture told the U.S. Government Accountability Office on Monday.
March 31, 2026
DC Circ. Clears Maritime Commission's Refusal-To-Deal Rule

A D.C. Circuit panel sided Tuesday with the Federal Maritime Commission as it defended a regulation governing how it will consider whether an ocean shipping company unreasonably refused to deal with would-be shippers, rejecting a trade group challenge and concluding the agency rightly baked rate analysis into its considerations.
March 31, 2026
Transpo Tracker: Congestion Pricing Survives, EV Rule At Risk

In our inaugural Law360 Transportation Tracker, a New York district court walloped the Trump administration's effort to cancel Manhattan's congestion pricing, the federal government continued its assault on California's vehicle emissions regulations, and Boeing investors scored class certification in 737 Max-related securities fraud litigation.
March 31, 2026
Feds Ask 1st Circ. To Nix 'Slapdash' 3rd Country Notice Order

A Massachusetts federal judge overstepped his authority in ordering the U.S. Department of Homeland Security to provide deportees being sent to so-called "third" countries where they have no prior ties an opportunity to challenge their destinations, the Trump administration told the First Circuit.
March 31, 2026
Next-Gen TV Switch Must Happen Soon, Lawmakers Say

More than 90 lawmakers called on the Federal Communications Commission to advance next-generation TV by setting a timeline for the switch to the latest broadcast standard.
March 31, 2026
Squires Ends TikTok IP Challenges For Not Listing Foreign Ties

U.S. Patent and Trademark Office Director John Squires has terminated Patent Trial and Appeal Board challenges to seven Cellspin Soft patents that TikTok has argued were invalid, saying TikTok didn't list all the interested parties in the case, particularly those outside the U.S.
March 31, 2026
Public Health Groups Challenge EPA's Mercury Limits Repeal

The American Academy of Pediatrics and more than a dozen environmental and public health groups are calling on the D.C. Circuit to vacate the U.S. Environmental Protection Agency's repeal of Biden-era limits on mercury and air toxins, saying the move will jeopardize children's health across the country.
March 31, 2026
Judge Further Delays Trump Admin's College Data Demand

A Massachusetts federal judge on Tuesday again pushed off a deadline for public colleges in 17 states to provide seven years of detailed admissions data to the U.S. Department of Education, as two organizations representing private schools seek to join a legal challenge to the new survey.
March 31, 2026
11th Circ. Won't Revisit Order Keeping Migrant Facility Open

The Eleventh Circuit on Tuesday denied a request from environmental nonprofits to allow a lower court's order halting operations of a Florida immigrant detention facility, saying in a split decision that new issues were improperly raised for the first time.
March 31, 2026
US Bipartisan Bill Will Extend Key Tribal Housing Program

U.S. lawmakers have proposed bipartisan legislation that will update and extend the key law for tribal housing support through 2032, arguing that for too long Indigenous communities have gone without the resources they need to build and maintain affordable housing.
March 31, 2026
Pot Opponents Seek To Block CMS Hemp Benefit Program

A coalition of anti-cannabis activists is suing federal health regulators to block a program designed to reimburse Medicare beneficiaries for the use of federally legal hemp products that have small amounts of THC.
March 31, 2026
Tariff Refunds On Liquidated Goods To Come, Customs Says

U.S. Customs and Border Protection will enable refunds for imports already liquidated that were subject to tariffs struck down by the U.S. Supreme Court, but that functionality still requires more time to develop, according to an official's declaration filed Tuesday in the U.S. Court of International Trade.
March 31, 2026
OCC Scraps Recovery Planning Standards For Big Banks

The Office of the Comptroller of the Currency said Tuesday that it is dropping its requirements for large banks to keep contingency plans for handling severe financial stress scenarios, finalizing the withdrawal of guidelines that date back to the Obama administration.
March 31, 2026
Feds Ask For Early Win In Hookless Cactus FOIA Suit

The U.S. Fish and Wildlife Service and the U.S. Department of the Interior have asked a federal judge for an early win in a conservation nonprofit's suit over withheld records about a proposed rule to remove the Colorado hookless cactus from the endangered species list.
March 31, 2026
70+ Republicans Ask Justices To Review NY Gun Liability Law

More than 70 Republican lawmakers from both the House and Senate have urged the U.S. Supreme Court to review an appellate court decision that upheld New York state's public nuisance statute, which allows lawsuits against gun manufacturers that cause public harm.
March 31, 2026
NC Attys Oppose DOJ Interference In State Ethics Complaints

A group of North Carolina lawyers is opposing the U.S. Department of Justice's proposed rule allowing the attorney general to review state-level ethics complaints against the department's attorneys, saying such a change would undercut the Tar Heel State's ability to regulate government lawyers.
March 31, 2026
Wash. Gov. Signs Bills Expanding Powers Of State AG

Washington Gov. Bob Ferguson has signed two bills requested by the office of the state attorney general, including one aimed at enhancing its ability to demand document production and testimony in civil matters, allowing prosecutors to seek documents from elected officials and law enforcement agencies.
March 31, 2026
Atlanta, Ex-IG Freed From Lobbyist's Bank Subpoena Suit

A Georgia federal judge freed the city of Atlanta and its former inspector general from a lobbyist and city contractor's suit accusing them of illegally issuing subpoenas for the lobbyist's bank records to bolster a frivolous corruption probe.
March 31, 2026
Admin Says Apple Had Own Reasons To Ax ICE Tracking App

The Trump administration told a D.C. federal court that an app maker cannot support his claims that the administration coerced Apple to remove an app letting users report sightings of immigration enforcement authorities, noting Apple had independent authority to do so.
March 31, 2026
US Blames Brazil, Turkey For Sinking E-Commerce Duty Deal

The Office of the U.S. Trade Representative said an extension of a 28-year prohibition on e-commerce duties at the World Trade Organization was blocked by just two of the 166 members — Brazil and Turkey — and criticized the broader ministerial conference as disappointing.

Expert Analysis

4 Lessons From FTC's Successful Bid To Block Edwards Deal

The Federal Trade Commission's recent victory in blocking Edwards Lifesciences' acquisition of JenaValve offers key insights for deals in life sciences and beyond, including considerations around nonprice dimensions and clear skies provisions, say attorneys at Orrick.
Limiting Worker Surveillance Risks Amid AI Regulatory Shifts

With workplace surveillance tools becoming increasingly common and a recent executive order aiming to preempt state-level artificial intelligence enforcement, companies may feel encouraged to expand AI monitoring, but the legal exposure associated with these tools remains, say attorneys at MoFo.
Can OCC State Banking Law Preemption Survive The Courts?

While two December proposals from the Office of the Comptroller of the Currency seek to foreclose pending consumer litigation against national banks related to residential mortgage lending, it's unclear whether this aggressive approach will withstand judicial scrutiny under the U.S. Supreme Court's 2024 rulings in Cantero and Loper Bright, say attorneys at Davis Wright.
How Selig May Approach CFTC Agricultural Enforcement

As the U.S. Commodity Futures Trading Commission begins a new chapter under recently confirmed Chairman Michael Selig's leadership, a look back at the agency's actions in agricultural markets over the past six years sheds light on what may lie ahead for enforcement in the area, say attorneys at Latham.
Assessing Factors Behind Biosimilar Uptake And Competition

As biosimilar uptake remains uneven and questions linger over whether the Biologics Price Competition and Innovation Act can deliver robust competition between biologics and biosimilars, a case study of Humira and its biosimilars illustrates how many factors, including payor reimbursement and formulary strategy, collectively shape competitive dynamics, say analysts at Analysis Group.
State Of Insurance: Q4 Notes From Illinois

In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.
How 3 CFTC Letters Overhauled Digital Asset Guidance

The U.S. Commodity Futures Trading Commission recently issued three letters providing guidance for the use of digital assets in derivatives markets, clarifying the applicability of CFTC regulations across numerous areas of digital asset activities and leading to the development of standards to allow market participants to post digital assets as collateral, say attorneys at Morgan Lewis.
NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.
Ruling Helps Clarify FERC's Post-Jarkesy Enforcement Power

A North Carolina federal court's recent ruling in American Efficient v. Federal Energy Regulatory Commission may be a step in providing clarity on FERC's enforcement authority under the Federal Power Act in the wake of the U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy, say attorneys at Sidley.
Series

The Biz Court Digest: Dispatches From Utah's Newest Court

While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.
Aerospace And Defense Law: Trends To Follow In 2026

Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.
Aviation Watch: Busy Skies, Tough Market For Airlines In 2026

After a turbulent year in the U.S. commercial aviation sector, demand for air travel and premium service shows no signs of slackening in 2026, with airlines facing the need to compete in a saturated market, while seeking opportunities for consolidation and pursuing other avenues to profitability, says Alan Hoffman, a retired attorney and aviation expert.
Viewing The Merger Landscape Through An HPE-Juniper Lens

If considerations beyond antitrust law were taken into account to determine whether Section 7 of the Clayton Act was violated in the Hewlett Packard Enterprise-Juniper Networks deal, then legal practitioners advocating deal clearance may now have to argue that deals should be justified by considerations not set forth in the merger guidelines, says Matthew Cantor of Shinder Cantor.
4 Quick Emotional Resets For Lawyers With Conflict Fatigue

Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.
3 Key Ohio Financial Services Developments From 2025

Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.