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Public Policy
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July 01, 2025
Senate Passes Budget Bill, Rebuking National Injunctions
The Senate voted 51-50 on Tuesday to pass the budget reconciliation bill, including various provisions that seek to greatly restrict the use of nationwide injunctions, which Republicans heavily criticized after district courts repeatedly stalled parts of President Donald Trump's agenda with the legal maneuver.
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July 01, 2025
ND, Tribes Spar Over High Court Order In 8th Circ. Voting Row
Two Indigenous tribes and North Dakota's secretary of state are feuding in the Eighth Circuit about how much weight a recent U.S. Supreme Court ruling that found a Planned Parenthood patient doesn't have a private right to sue South Carolina carries over a bid to rehear a voting rights dispute.
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June 30, 2025
Newsom Signs CEQA Reform, Aiming To Ease Housing Crisis
California Gov. Gavin Newsom on Monday evening signed into law two bills overhauling the state's landmark environmental law to knock down hurdles to new development in an effort to address the state's ongoing housing shortage.
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June 30, 2025
Trump Tariff Challenge Belongs In Trade Court, Groups Argue
The America First Legal Foundation and Coalition for a Prosperous America on Monday backed the federal government in an appeal brought by toy makers challenging President Donald Trump's emergency tariffs, arguing that the lower court should've never issued an injunction because the dispute belongs in the U.S. Court of International Trade.
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June 30, 2025
Trump And Paramount In 'Advanced' Talks To Settle $20B Suit
President Donald Trump and CBS News' parent Paramount Global asked a Texas federal court on Monday to pause Trump's $20 billion lawsuit accusing the news company of deceptively doctoring a "60 Minutes" interview with former Vice President Kamala Harris, saying the parties are engaged in "advanced" settlement talks.
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June 30, 2025
DOJ Seeks Permanent Block On LA's Sanctuary City Policies
The Trump administration filed suit Monday in California federal court seeking to permanently block the city of Los Angeles from enforcing policies it alleges unconstitutionally obstruct federal immigration enforcement, citing pushback during recent U.S. Immigration and Customs Enforcement arrest operations.
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June 30, 2025
Tillis, Senate IP Leader, Announces Retirement
The U.S. Senate's leader on intellectual property issues, Sen. Thom Tillis, R-N.C., has announced his retirement shortly after coming out against the Republicans' spending bill, with blowback from President Donald Trump.
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June 30, 2025
Detainees Say Alien Enemies Act Meant For 'Large Scale' War
A group of Venezuelans facing deportation over accusations of gang affiliation told the Fifth Circuit on Monday that the nation's founders didn't intend for a rarely invoked 1798 law to be used for anything other than "large-scale" war.
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June 30, 2025
Conn. Expects Corporate Tax Changes To Raise Almost $350M
Connecticut will make changes to corporate taxes that are projected to raise nearly $350 million over two years — largely from repealing the state's $2.5 million cap on tax increases for some combined unitary taxpayers — under the 2026-27 budget signed Monday by the governor.
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June 30, 2025
DOL Plans To Nix H-2A Farmworker Organizing Protections
The Trump administration is planning to roll back a Biden-era rule that protected seasonal farmworkers on H-2A visas from facing retaliation for workplace organizing, with the U.S. Department of Labor announcing its intent to rescind the contentious 2024 rule Monday.
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June 30, 2025
FCC To Screen Regulatory Offenses For Criminal Liability
The Federal Communications Commission has outlined criteria to decide when regulatory offenses should lead to criminal liability, responding to a White House executive order issued to federal agencies in May.
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June 30, 2025
Texas Panel Says Suit Challenging Abortion Travel Is Unripe
A split Texas appeals court panel found Monday that several anti-abortion groups lack standing to sue the city of San Antonio for allegedly earmarking money to pay for out-of-state abortion travel, saying the money had not gone out yet and the groups' claims were not ripe.
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June 30, 2025
Judge Urges DOJ, Assa Abloy To Reach Deal On Extension
A D.C. federal court urged the U.S. Department of Justice and Assa Abloy on Monday to reach an agreement over a request from Fortune Brands Home & Security to extend a supply agreement that was part of a 2023 merger settlement.
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June 30, 2025
Vaping Interests Can't Pause New NC E-Cigarette Law
North Carolina officials can proceed with enforcing a law that could prevent the sale of many types of e-cigarettes, a federal judge ruled, rejecting industry arguments that the law runs afoul of the U.S. Constitution's supremacy clause by having state officials enforce federal tobacco law.
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June 30, 2025
FCC Delays Deadlines To Cap Prison Phone Rates
The Federal Communications Commission on Monday temporarily waived compliance deadlines for its contested new prison phone rate caps until April 2027.
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June 30, 2025
Feds Defend Authority To End NY Congestion Pricing Deal
The U.S. Department of Transportation has told a Manhattan federal judge that courts cannot handcuff it to now-disfavored policies of earlier administrations, while New York transportation agencies maintain that the federal government is grasping at illusory legal arguments to justify trying to shut down congestion pricing.
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June 30, 2025
Meta Gets Court To Pause Its Challenge To FTC Privacy Order
A D.C. federal judge has agreed to pause Meta's constitutional challenge to the Federal Trade Commission's effort to block the company from monetizing children's data, giving other courts hearing separate cases time to weigh in on the commission's structure and an injunction requested by the company before ruling on dismissal.
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June 30, 2025
Alaskan Tribe Found Immune In Residents' Casino Fight
A federal judge has found that the Native Village of Eklutna is a required party in a lawsuit by Anchorage residents who oppose the construction of a 58,000-square-foot casino, but has simultaneously ruled the tribe can't be joined in the litigation due to its sovereign immunity.
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June 30, 2025
Md. Judge Presses DOJ On Baby Deportation Plans
A Maryland federal judge ordered expedited briefing Monday amid an amended bid to block President Donald Trump's birthright citizenship executive order after questioning whether the administration can start deporting babies before a nationwide injunction expires in late July.
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June 30, 2025
Miami-Dade Fights Effort To Block 'Alligator Alcatraz'
Miami-Dade County on Monday urged a Florida federal judge to deny environmental groups' request for an injunction blocking the U.S. Department of Homeland Security's plan for the construction of a migrant detention center dubbed "Alligator Alcatraz" in the Everglades, arguing they have no basis for blocking the plan.
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June 30, 2025
Justices Won't Disturb 10th Circ. Oklahoma PBM Law Ruling
The U.S. Supreme Court on Monday declined to hear the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a recently enacted law regulating pharmacy benefit managers were preempted by federal benefits laws and Medicare Part D, cementing an industry group's win in the case.
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June 30, 2025
DOJ Says Over 300 Charged In $14.6B Healthcare Fraud Sting
A healthcare fraud operation conducted by federal and state law enforcement groups netted more than 300 defendants in a slew of schemes amounting to $14.6 billion in potential false claims, the Justice Department announced Monday.
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June 30, 2025
Canada Removing Digital Tax To Salvage US Trade Talks
Canada has agreed to roll back its 3% digital services tax just ahead of Monday's first payment deadline in order to continue trade negotiations with the U.S., Canadian Prime Minister Mark Carney announced Sunday evening.
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June 30, 2025
Fintech Group Goes To Bat For CFPB's Open Banking Rule
A top fintech trade group has fired back in defense of a Biden-era open banking rule that bank groups and the Consumer Financial Protection Bureau want struck down in Kentucky federal court, accusing them of twisting the law in a flawed effort to kill off the regulation.
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June 30, 2025
Top State & Local Tax Cases Of 2025: Midyear Report
From the U.S. Supreme Court ruling in favor of a group of Catholic charities seeking an unemployment tax exemption to the New York Supreme Court ruling on the state's rule governing the application of P.L. 86-272, it's been a busy first half of the year for state and local tax. Here, Law360 looks at some of the top state and local tax cases of the past six months.
Expert Analysis
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What Disparate Impact Order Means For Insurers' AI Use
A recent executive order seeking to bar disparate impact theory conveys a meaningful policy shift, but does not alter the legal status of federal antidiscrimination law or enforceability of state laws, such as those holding insurers accountable for using artificial intelligence in a nondiscriminatory matter, say attorneys at Eversheds Sutherland.
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Choosing A Road To Autonomous Vehicle Compliance
As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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Evolving Federal Rules Pose Further Obstacles To NY LLC Act
Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.
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The Risks Of Trump's Plan To Fast-Track Deregulation
A recent memorandum issued by President Donald Trump directing the repeal of so-called unlawful regulations, and instructing that agencies invoke the good cause exception under the Administrative Procedure Act, signals a potentially far-reaching deregulatory strategy under the guise of legal compliance, say attorneys at GableGotwals.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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Action Steps To Prepare For Ramped-Up Export Enforcement
In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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DOJ Signals Major Shift In White Collar Enforcement Priorities
In a speech on Monday, an official outlined key revisions to the U.S. Department of Justice’s voluntary self-disclosure, corporate monitorship and whistleblower program policies, marking a meaningful change in the white collar enforcement landscape, and offering companies clearer incentives and guardrails, say attorneys at McGuireWoods.
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Understanding Compliance Concerns With NY Severance Bill
New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.
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What New Study Means For Recycling Compliance In Calif.
Companies must review the California recycling agency's new study to understand its criteria for assessing claims of product and packaging recyclability under a law that takes effect next year, and then decide whether the risks of making such claims in the state outweigh the benefits, say attorneys at Keller & Heckman.
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Mergers Face Steeper Slopes In State Antitrust Reviews
The New York Supreme Court's recent summary judgment in New York v. Intermountain Management, blocking the acquisition and shuttering of a ski mountain in the Syracuse area, underscores the growing trend among state antitrust enforcers to scrutinize and challenge anticompetitive conduct under state laws, say attorneys at Robins Kaplan.
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Opinion
The IRS Shouldn't Go To War Over Harvard's Tax Exemption
If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.
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Balancing Deep-Sea Mining Executive Order, Int'l Agreements
President Donald Trump's recent executive order directing exploration and exploitation of deep-sea mineral resources appears to conflict with the evolving international framework regulating such activities, so companies and investors should proceed with care and keep possible future legal challenges in mind, say attorneys at Dentons.
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CFTC Memos Clarify When 'Sorry' Still Gets You Subpoenaed
A pair of Commodity Futures Trading Commission advisories released in February and April open a new path to self-reporting but emphasize that serious breaches still warrant a trip to the penalty box, prompting firms to weigh whether — and how — to disclose potential violations in the future, say attorneys at Pryor Cashman.