Public Policy

  • February 16, 2024

    ​​4th Circ. Revives COVID Benefits Class Action Against BofA

    The Fourth Circuit on Friday resurrected a proposed class action brought by a recipient of government COVID-19 assistance that alleges Bank of America didn't protect his unemployment benefits, reasoning the bank account was subject to a federal law that guards government benefits.

  • February 16, 2024

    Inmate Suicides Linked To Federal Prison Bureau's Failures

    Federal prisons have for years been plagued by "a multitude of operational failures" that have resulted in inmates dying, many of them by suicide, a federal watchdog has found.

  • February 16, 2024

    Voters Urge Keeping Trump Off Ill. Ballot As Primary Looms

    Illinois voters told a Cook County judge Friday she should issue an order that Donald Trump can't appear on the state's March primary and subsequent general election ballots, arguing an elections board should have been empowered to remove Trump even if he didn't "knowingly" lie about his eligibility. 

  • February 16, 2024

    Switchblade Seller Sues Atty Over Police Raid Advice

    An online switchblade seller in Colorado has accused his former attorney of failing to tell him he could sue the government to try to recover inventory taken during a law enforcement raid involving state and federal authorities.

  • February 16, 2024

    EU Launches First In-Depth Foreign Subsidy Probe

    The European Commission is launching an investigation into whether state assistance gave a Chinese train manufacturer a leg up in its bid for a Bulgarian government contract, the authority's first investigation under the European Union's new foreign subsidies regulation.

  • February 16, 2024

    Split Court Won't Stop Philly Ban On 3D-Printed Gun Parts

    Philadelphia can keep an ordinance banning the 3D printing and assembly of gun parts into so-called "ghost guns," after a split Commonwealth Court of Pennsylvania said Friday that the state law preempting local firearm regulations didn't extend to incomplete firearm components.

  • February 16, 2024

    Fired Hospital Worker Can't Keep Fighting PTO Denial

    A maintenance worker who lost an administrative case alleging his ex-employer owed him money for unused paid time off when he was fired cannot try again to get a judgment in state court against the hospital where he worked or Michigan labor regulators, an appellate panel has found.

  • February 16, 2024

    Florida Loses Wetland Permitting Authority In D.C. Court Case

    A D.C. judge has stripped Florida of its federally delegated authority to permit wetlands development, ruling that U.S. environmental regulators failed to analyze the impact of their decision on endangered and threatened species and handing a victory to conservation groups challenging the program.

  • February 16, 2024

    Gov't Wants More Alaskan Native Reps On Subsistence Board

    The U.S. government has plans to strengthen Alaskan Native tribal representation on its Federal Subsistence Board, saying the U.S. Department of the Interior and the U.S. Department of Agriculture have proposed a new rule to add board members with personal experience of subsistence living in rural Alaska.

  • February 16, 2024

    NCAA, Hoopster Settle Dispute Over Betting Suspension

    The NCAA has settled a lawsuit brought by a Rutgers University basketball player who sued the organization earlier this month over claims it was trying to make him live out a punishment for sports betting violations that he had already served while a student-athlete at Iowa State University.

  • February 16, 2024

    Ex-FBI Field Boss Gets 28 Months For Foreign Payouts

    A former FBI field office supervisor was sentenced Friday to 28 months in prison for failing to disclose a $225,000 payment that he received from a former Albanian intelligence official while overseeing counterintelligence matters at the bureau.

  • February 16, 2024

    Feds Tell 1st Circ. Mass. Wind Farm Approval Was Sound

    The federal government has said a Massachusetts federal judge properly dumped a challenge lodged by commercial fishing groups seeking to upend federal approvals of the Vineyard Wind project, telling the First Circuit that the record shows federal agencies thoroughly studied the project's potential impacts.

  • February 16, 2024

    FTC Seeing Success After Merger Setbacks

    After the Federal Trade Commission suffered stinging setbacks in challenges to deals by Meta Platforms Inc. and Microsoft, the agency has started to turn things around with several transactions dropped in the face of challenges and a pair of court rulings reinforcing its approach to merger enforcement.

  • February 16, 2024

    Ape Farm Says Ga. Officials Monkeying With $300M Bond Deal

    The company behind a proposed — and highly controversial — 1.75 million-square-foot monkey rearing facility in southwest Georgia has taken its fight against local officials to federal court, accusing a development authority of trying amid public outcry to back out of a $300 million bond deal to finance the project.

  • February 16, 2024

    NJ Comptroller Gets Win In Suit Seeking To Block Subpoena

    A federal judge on Thursday tossed a suit from the CEO of a police training company alleging a subpoena from the New Jersey Office of the State Comptroller, or OSC, for his video testimony was retaliatory, ruling that the federal suit makes the same arguments that were already rejected in state court.

  • February 16, 2024

    Ex-DOJ Antitrust Director Named CFTC Whistleblower Head

    The Commodity Futures Trading Commission announced that the former acting litigation director of the U.S. Department of Justice's Antitrust Division was appointed director of its whistleblower office.

  • February 16, 2024

    House Lawmakers Unveil $66.3B Military, Border Bill

    A bipartisan group of U.S. House of Representatives lawmakers introduced legislation on Friday that would provide $66.32 billion to support Ukraine, Israel and Taiwan, as well as enact border reforms.

  • February 16, 2024

    Green Card Approvals Sink To All Time Low

    The United States' green card approval rate hit a historic low amid visa caps, with only 3% of those with pending green card applications on track to receive permanent residency in fiscal year 2024, the Cato Institute reported Thursday.

  • February 16, 2024

    2nd Circ. Shows How To Shut Down ERISA Self-Dealing Suits

    A recent Second Circuit decision affirming Goldman Sachs' win in a class action that took aim at proprietary funds in the bank's 401(k) plan provides an employer-side "road map" for staving off or defeating legal challenges to allegedly subpar in-house investment options, attorneys say.

  • February 16, 2024

    Ex-Ill. Senator Admits Campaign Fund Misuse After Trial

    A former Illinois state senator has admitted using campaign funds to buy trucks and recreational vehicles, pleading guilty to all counts after a three-day bench trial.

  • February 16, 2024

    Medtronic Urges 8th Circ. To Undo Transfer Pricing Ruling

    Medical device company Medtronic asked the Eighth Circuit on Friday to overturn a decision rejecting its pricing method for licensing intellectual property to its Puerto Rican affiliate, saying in the long-running case that Medtronic hadn't used the intercompany arrangement to underreport its income.

  • February 16, 2024

    White House Slams 'Cruel, Islamophobic Attacks' On Judicial Nom

    The White House on Friday mounted a defense of Adeel Mangi, a nominee to serve on the Third Circuit, who would be the first Muslim federal appeals court judge if confirmed and has come under vast attacks from Republican senators.

  • February 16, 2024

    Law Firms Call For Federal Courts To Favor Virtual Testimony

    A group of class action law firms and a Harvard Law School professor asked an advisory committee earlier this week to change federal court rules to prefer live virtual testimony over recorded deposition video for witnesses who can't appear in person in court.

  • February 16, 2024

    Pa. Man Who Beheaded Father Charged With Targeting Judge

    A Philadelphia-area man who allegedly shot his father and displayed his decapitated head on YouTube faces additional terrorism charges after investigators found he had made videos calling for violence against a federal judge and other government officials.

  • February 16, 2024

    Trump Owes $355M For Fraud That 'Shocks The Conscience'

    A New York state judge on Friday found Donald Trump, his adult sons, his companies and longtime executives liable for a decadelong valuation fraud conspiracy, ordering the defendants to disgorge $364 million in ill-gotten gains to the state, plus interest, with the former president on the hook for the lion's share.

Expert Analysis

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q4

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    New York's banking and financial sector saw a number of notable regulatory and legislative changes in the final quarter of 2023, including guidance on climate risks and heightened cybersecurity protocols issued by the New York State Department of Financial Services, as well as final revisions to virtual currency listings in the state, say attorneys at WilmerHale.

  • What FTC CARS Rule Means For Auto Dealers And Lenders

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    A newly finalized Federal Trade Commission rule is aimed at changing how auto dealers interact with customers in the financing process, but will likely also affect banks and finance companies — and consequences for lenders and servicers have been amplified by recent Consumer Financial Protection Bureau enforcement actions, say attorneys at Morgan Lewis.

  • Bill Could Pave Path To 'Safer' Banking For Cannabis Industry

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    The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, which was recently passed by a U.S. Senate committee, creates potential for financial inclusion of legally operating cannabis businesses and could promote recognition of the disconnect between federal laws and services unavailable to the industry, says Mark Bell at Stinson.

  • 4 Questions On Groundbreaking New Foreign Bribery Law

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    The recently enacted Foreign Extortion Prevention Act will significantly alter the anti-corruption landscape under U.S. law by allowing prosecutors to pursue foreign officials for soliciting or accepting bribes, but it’s not yet clear how the statute will be used and by whom, say attorneys at K&L Gates.

  • How Data Brokers Can Prep For Calif. Delete Act Compliance

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    As California Delete Act obligations approach in late January, data brokers should proactively assess and scrutinize their compliance with the act, taking proactive measures to mitigate potential risks associated with noncompliance, say Goli Mahdavi and Gabrielle Harwell at BCLP.

  • Why CFTC Whistleblowers Are Crucial To Crypto Regulation

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    The U.S. Commodity Futures Trading Commission's whistleblower program has proven to be a key tool in the U.S.' efforts to police cryptocurrency, but a funding issue shows that it has become a victim of its own success, says Stephen Kohn at Kohn Kohn.

  • Healthcare Industry Must Prepare For Greater AI Regulation

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    Healthcare entities that use even basic machine-based systems should pay close attention to a recent executive order and a proposed bill, both of which focus on artificial intelligence safety and security, and signal the government's intent to establish a regulatory framework for AI-enabled technology, says Kristen Petry at Spencer Fane.

  • How 4 State AGs Are Shaping Data Privacy Compliance

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    As the landscape of state data privacy laws continues to grow across the nation, understanding how state attorneys general — such as in California, Colorado, Connecticut and Virginia — are thinking about these laws is critical to begin forecasting how enforcement will play out, say Michelle Kallen and Daniel Echeverri at Jenner & Block.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • DOD's Proposed Cyber Rule: What Contractors Must Know

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    A review of the U.S. Department of Defense's recently published Cybersecurity Maturity Model Certification proposed rule, requiring independent third-party cybersecurity assessments for many defense contractors, suggests that there will be a competitive advantage to prompt demonstration of full compliance with the rule, says Robert Metzger at Rogers Joseph.

  • Securities Class Actions Show No Signs of Slowing In 2024

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    Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.

  • Justice O'Connor Was Architect of ERISA's Lasting Success

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    U.S. Supreme Court Justice Sandra Day O'Connor laid the foundations of Employee Retirement Income Security Act jurisprudence, defining a default standard of review, preemption rules and the act's interplay with employment law, through opinions that are still instructive as ERISA approaches its 50th anniversary, says José Jara at Fox Rothschild.

  • Consider A Key Insurance Tool For Environmental M&A Deals

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    Transactional liability insurance can be a useful risk allocation tool for completing mergers and acquisitions in the renewable energy and climate and clean technology sectors, though policies must be structured carefully to achieve maximum coverage, say Joseph Castelluccio and Paul de Bernier at Mayer Brown.

  • ESG Concerns Can No Longer Be Ignored In 2024

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    While the long wait for the U.S. Securities and Exchange Commission's ESG rule continues, government attention to regulations, increased litigation efforts and shareholder resolutions seeking transparency highlight the importance of placing an emphasis on ESG considerations, say attorneys at Wollmuth Maher.

  • 2 FCPA Settlements Illuminate Self-Disclosure, Disgorgement

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    Two of last year’s Foreign Corrupt Practices Act settlements — with biomedical company Lifecore and mining company Corsa Coal — suggest that the government will be much more flexible in negotiating disgorgement amounts if an entity voluntarily self-discloses misconduct, say Michael Gilbert and Lucas Amodio at Sheppard Mullin.

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