Public Policy

  • October 29, 2024

    Ex-ComEd GC Calls Madigan's Interest In Law Firm 'Strange'

    A Jenner & Block LLP attorney and former Commonwealth Edison general counsel testified Tuesday that he found it "strange" to read ex-Illinois House Speaker Michael Madigan was interested in the granular details of the utility's negotiations with Chicago law firm Reyes Kurson. Madigan's counsel, however, appeared to suggest a confidant and co-defendant had name-dropped the speaker in 2016 without actually talking to him. 

  • October 29, 2024

    Philly Cops Lose Free Speech Suit Over Facebook Posts

    A group of active and former Philadelphia Police Department officers disciplined for inflammatory Facebook activity have lost their First Amendment lawsuit against the city, with a Pennsylvania federal judge ruling Tuesday that the city had the right to terminate officers for making racist, violent and otherwise offensive posts.

  • October 29, 2024

    Republic First Bank Discriminated Before It Failed, NJ Says

    New Jersey authorities said Tuesday that they have concluded that the former Republic First Bank redlined local communities of color in the state in the years before it failed, findings they have taken up with the bank's receiver, the Federal Deposit Insurance Corp.

  • October 29, 2024

    4th Circ. Quizzes Drugmaker Challenging W.Va. Abortion Law

    An attorney arguing that West Virginia is preempted by federal law from restricting access to an abortion medication faced skeptical questions Tuesday from two judges who suggested it's entirely normal for states to regulate the practice of medicine.

  • October 29, 2024

    6th Circ. Judge Rejects Flint Comparison In Benton Harbor

    A Sixth Circuit judge asked during oral arguments Tuesday if Michigan's government could have done more to monitor the response to lead contamination in a city's water supply, as another judge seemed to doubt that the allegations against the state rose to the level of constitutional violations.

  • October 29, 2024

    Ga. Court Says Apt. Must Face Shooting Death Suit

    The Georgia Court of Appeals affirmed a trial court ruling holding that an apartment complex company's attempt to waive its liability for third-party crimes in a lease agreement with a tenant who was shot and killed is void and unenforceable under Peach State law.

  • October 29, 2024

    Ex-Cleveland Councilman Can't Cut 6-Year Fraud Sentence

    An Ohio federal judge will not allow a former Cleveland city councilman to get out of jail on compassionate release, ruling the ex-politician "has never demonstrated any remorse for his criminal conduct" and should serve the remainder of his six-year fraud sentence.

  • October 29, 2024

    NBCU Wants Trump's Immunity Arguments Broadcast

    NBCUniversal is asking the D.C. federal court to provide a live feed of the "historic oral argument" over whether Donald Trump is immune from prosecution on charges that he conspired to overturn the results of the 2020 election.

  • October 29, 2024

    ND Riverbed Fight Has Been Festering For 50 Years, Court Told

    A Native American tribe and the U.S. Department of the Interior are asking a federal court to deny a more than yearlong extension request by North Dakota to respond to a bid for a judgment that declares the state has no mineral rights beneath a portion of the Missouri River.

  • October 29, 2024

    Beyond Abortion, 7 Ballot Questions Set To Shape Care

    While reproductive rights have led the healthcare debate this election season, voters across the country will shape state policies on a number of other hot issues, including a Medicaid work requirement and coverage for IVF. Law360 Healthcare Authority looks at seven ballot measures that go beyond abortion.

  • October 29, 2024

    BOEM Holds Gulf Of Maine Wind Lease Sale

    An offshore wind lease sale held Tuesday for the Gulf of Maine saw two provisional winners for four lease areas with the potential to power some 2.3 million homes, according to the Bureau of Ocean Energy Management.

  • October 29, 2024

    FERC Botched Pacific NW Pipeline Approval, 5th Circ. Told

    The Federal Energy Regulatory Commission was wrong to approve a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest, Washington and Oregon officials and environmental groups told the Fifth Circuit.

  • October 29, 2024

    FCC Denies Another Bid To Shelve Prison Phone Rate Caps

    The Federal Communications Commission has rejected another bid to delay new prison phone rate caps, this time from a company that sought a narrow hold while the FCC weighs its request to reconsider certain limitations on provider revenue.

  • October 29, 2024

    Feds Tell High Court To Deny Va.'s Bid To Revive Voter Purge

    The U.S. Supreme Court must leave in place a court order prohibiting Virginia from removing suspected noncitizens from its voting rolls this close to Election Day, the federal government and advocacy groups argued Tuesday, contending the risk of erroneously stripping eligible voters of their rights outweighs any purported harm to the state.

  • October 29, 2024

    ICE Accused Of Withholding $300M In Nixed Immigrant Bonds

    A New York resident hit the U.S. Immigration and Customs Enforcement with a proposed class action in New York federal court Tuesday, accusing the agency of systemically failing to return more than $300 million in bonds paid to secure the release of immigrants whose detention proceedings were later dismissed.

  • October 29, 2024

    Justice, Challenger Split On Backgrounds For The Bench

    Judge Patrick O'Grady, campaigning for the Michigan Supreme Court, says the current bench is sorely lacking the type of prior judicial experience he would bring. But sitting Justice Kyra Bolden argues the diversity of backgrounds among justices makes the court stronger.

  • October 29, 2024

    Ex-Development Director Asks 4th Circ. For Wage Ruling Redo

    A former development director for a North Carolina city urged the Fourth Circuit to rethink its opinion affirming the city's win on her unpaid overtime claims, saying it's not clear from the record that she was classified as exempt under the Fair Labor Standards Act.

  • October 29, 2024

    Mich. Top Court Won't Halt Ethics Claims Against Trump Allies

    Michigan's Supreme Court has refused to stop disciplinary proceedings against Sidney Powell and other lawyers who advanced former President Donald Trump's election fraud claims.

  • October 29, 2024

    Bannon Released From Prison As Election, NY Trial Loom

    Former President Donald Trump ally Steve Bannon was released from federal prison Tuesday after serving a four-month sentence for contempt of Congress, a week before Election Day and a month and a half ahead of his next criminal trial in New York.

  • October 29, 2024

    Pa. DA Says ATF's Pot Patients Ban Doesn't Fit With Bruen

    A Pennsylvania district attorney is urging a federal judge not to throw out his suit challenging a Bureau of Alcohol, Tobacco, Firearms and Explosives policy blocking medical cannabis patients from buying or owning firearms, saying the U.S. Supreme Court's recent precedent preempts the restriction.

  • October 29, 2024

    Court Closure Sought Over Taunts By Florida Gun Shop Owner

    The Connecticut Attorney General's Office urged a state judge to protect the identity of its investigator in filings and to close the courtroom during their testimony at trial in a lawsuit alleging a Florida company deceptively sold do-it-yourself gun kits, saying anonymity is needed because of the owner's online taunts.

  • October 29, 2024

    GOP Rep. Roy Opposes Efforts To Stop 'Judge Shopping'

    A Republican on the House Judiciary Committee is threatening to withhold support for legislation bolstering the operation of the federal courts if the Administrative Office of the Courts doesn't stop considering measures aimed at ending "judge shopping."

  • October 29, 2024

    PBM Group Federal Affairs VP Joins Akin In Lobbying Role

    A former Capitol Hill health policy advocate who worked in the U.S. Department of Health and Human Services and guided federal and state stakeholders through the implementation of the Affordable Care Act has joined Akin Gump Strauss Hauer & Feld LLP's lobbying team.

  • October 29, 2024

    UK, EU Finish Negotiations Over Antitrust Cooperation Pact

    The U.K. government announced Tuesday that it had concluded negotiations with the European Union on a deal to boost cooperation between British and European competition enforcement authorities.

  • October 29, 2024

    Senate Panel Targets 'Clever' Pharma Pricing

    The Senate Judiciary Committee on Tuesday railed against drugmakers and pharmacy benefit managers for allegedly causing the high cost of prescription drugs, arguing that "Big Pharma" has used anticompetitive tactics through patenting to fleece American patients.

Expert Analysis

  • Preparing For The NLRB's New Union Recognition Final Rule

    Author Photo

    The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.

  • Brownfield Questions Surround IRS Tax Credit Bonus

    Author Photo

    Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.

  • Law Firms Should Move From Reactive To Proactive Marketing

    Author Photo

    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Remedy May Be Google's Biggest Hurdle Yet In Antitrust Case

    Author Photo

    There are difficulties ahead in the remedies phase of the antitrust case against Google in District of Columbia federal court, including the search engine giant's scale advantage and the fast-moving nature of the tech industry, setting the stage for the most challenging of the proceedings so far, says Jonathan Rubin at MoginRubin.

  • 3 Ways To Limit Risks Of Black-Box AI In Financial Services

    Author Photo

    As regulators increasingly highlight the potential for artificial intelligence to make unfair consumer credit decisions, and require financial institutions to explain how these so-called black-box algorithms arrive at conclusions, companies should consider three key questions to reduce their regulatory risks from these tools, say Jeffrey Naimon and Caroline Stapleton at Orrick.

  • Energy And AI: Key Issues And Future Challenges

    Author Photo

    Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.

  • Opinion

    Transpo Board Should Broaden Ex Parte Rules Further

    Author Photo

    The Surface Transportation Board's 2018 ex parte rule reform was an important step in increasing agency engagement with stakeholders — but the board should build on that progress by expanding the windows for communications in informal rulemakings, encouraging more communications with staff, and making other changes, say Matthew Warren and Allison Davis at Sidley.

  • The Regulatory Headwinds Facing Lab-Developed Tests

    Author Photo

    Though the U.S. Food and Drug Administration's final rule regarding regulation of laboratory-developed tests outlines a four-year plan for ending enforcement discretion, and though this rule is currently being challenged in courts, manufacturers should heed compliance opportunities immediately as enforcement actions are already on the horizon, say attorneys at Kirkland & Ellis.

  • 3 High Court Rulings May Shape Health Org. Litigation Tactics

    Author Photo

    Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

    Author Photo

    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

    Author Photo

    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Why DOJ's Whistleblower Program May Have Limited Impact

    Author Photo

    The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.

  • CFPB's Earned Wage Access Rule Marks Regulatory Shift

    Author Photo

    The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

    Author Photo

    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Look For Flags On Expert Claims After Sunday Ticket Reversal

    Author Photo

    A California federal judge’s recent reversal of a jury’s $4.7 billion antitrust verdict in the NFL Sunday Ticket case indicates that litigants may be inclined to challenge expert testimony admissibility under Rule 702 of the Federal Rules of Evidence, and that judges may increasingly accept such challenges, say attorneys at Kutak Rock.

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!