Public Policy

  • February 21, 2024

    Justices Reject Ga.'s Bid To Retry Man Acquitted Of Murder

    The U.S. Supreme Court on Wednesday blocked Georgia's attempt to again prosecute an accused murderer whose trial ended in contradictory verdicts, finding that "an acquittal is an acquittal" regardless of a simultaneous guilty verdict for the same offense.

  • February 21, 2024

    Miner Barnhill Vet Among Biden's Latest Judicial Picks

    President Joe Biden announced five judicial nominees on Wednesday to serve on the Seventh Circuit as well as on district courts in Illinois, Arizona and the District of Columbia.

  • February 21, 2024

    White House Acts To Shore Up Cybersecurity At US Ports

    The Biden administration on Wednesday moved to boost cybersecurity at U.S. ports, announcing a series of actions that include new proposed rules to establish minimum data security safeguards and an executive order requiring transportation vessels and facilities to report cyber incidents.

  • February 20, 2024

    Liberal Justices Hint Chevron Deference Hanging By A Thread

    In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.

  • February 20, 2024

    US Small Businesses Have Most To Lose From Digital Duties

    The possible demise of an international moratorium on tariffs for digital products, including software and media downloads, could cut into small businesses' profits and create compliance burdens for the companies that survive.

  • February 20, 2024

    Chicago Sues Oil Giants, Alleging Climate Change Deception

    The city of Chicago hit BP, Chevron, ConocoPhillips, ExxonMobil, Shell and the oil and gas industry's largest trade association with a lawsuit Tuesday, alleging their involvement in a decadeslong "campaign of deception" to increase consumption of fossil fuels to boost profits, despite their knowledge that their products cause environmental harm.

  • February 20, 2024

    NM Fire Victims Sue FEMA Over Compensation Delays

    Ten New Mexico residents with property damaged by the Hermit's Peak/Calf Canyon Fire sued the Federal Emergency Management Agency in federal court Friday, saying FEMA is not processing their claims in a timely manner, in violation of an assistance measure Congress passed for victims of the wildfire.

  • February 20, 2024

    DirecTV Slams Studies Showing No 12 GHz Interference

    DirecTV is defending its supremacy in the 12 gigahertz band, pushing back against analysis showing that terrestrial 5G use of the band wouldn't lead to interference in a new filing with the Federal Communications Commission.

  • February 20, 2024

    Groups, Scholars Back Tribes In High Court Healthcare Bid

    A coalition of Native American and Alaskan Native healthcare boards and nonprofits are asking the U.S. Supreme Court to uphold rulings that ordered the federal government to reimburse two tribes millions in administrative healthcare costs, arguing that the obligation is deeply rooted in the trust relationship between the United States and its Indigenous nations.

  • February 20, 2024

    Calif. Tribe Looks To Undo Tobacco Noncompliance Listing

    The Twenty-Nine Palms of Mission Indians is suing the U.S. government in California federal court over its decision to place the tribe on a "non-compliant list" under a law that targets illegal tobacco trafficking, arguing that its operations comply with all applicable state laws.

  • February 20, 2024

    Judge Says He'll Mull $10M Fine For Racist Robocaller

    An Idaho white supremacist has been found liable by a Montana federal court for sending out thousands of racist robocalls in an attempt to sway public opinion against Black and Jewish political candidates, with a fine that could top $10 million to follow.

  • February 20, 2024

    US Chamber Urges 6th Circ. To Ax FirstEnergy Class Cert.

    The U.S. Chamber of Commerce, former U.S. Securities and Exchange Commission officials and others have urged the Sixth Circuit to reverse class certification in a case accusing FirstEnergy Corp. of committing securities fraud in connection with a multimillion-dollar bribe made to a convicted politician.

  • February 20, 2024

    Fla. Gaming Pact Not Allowed Under Federal Law, Expert Says

    A Miami law school adjunct professor supporting a pair of casinos seeking to undo the Seminole Tribe of Florida's gaming agreement authorizing online sports betting has urged the U.S. Supreme Court to hear the establishments' case or reverse a lower court decision, saying the pact violates the Indian Gaming Regulatory Act.

  • February 20, 2024

    FinCEN Details Owner Data Access Rules For Small Banks

    The U.S. Treasury Department's Financial Crimes Enforcement Network on Tuesday released a compliance guide for small financial firms on accessing and safeguarding company ownership information that their customers are required to report under recently implemented rules.

  • February 20, 2024

    FCC Urged To Revisit Caps On Duplicate FM Broadcasts

    Musicians and small radio stations are pressuring the Federal Communications Commission to reinstate limits scrapped three years ago on FM stations airing duplicate content, but face pushback from the broadcast lobby.

  • February 20, 2024

    11th Circ. Tosses Appeal Of Bid-Rigging Indictment

    The Eleventh Circuit on Tuesday found that a concrete executive has to wait until after he's tried to contest his indictment by a remotely convened grand jury during the pandemic on charges of allegedly fixing prices and rigging bids for ready-mix concrete in Georgia.

  • February 20, 2024

    Tribes, Enviro Orgs Can Join Fight Over Tongass Protections

    An Alaska federal judge said a coalition of tribes, conservation groups, fishers and tourism businesses can join litigation to help defend a challenged Biden administration rule that reinstated roadless area protections for some 9 million acres of the vast Tongass National Forest.

  • February 20, 2024

    5th Circ. Seeks Texas Justices' Input On LNG Permit Fight

    The Fifth Circuit has yanked its prior ruling that scrapped an emissions permit issued by Texas environmental regulators for a proposed liquefied natural gas terminal, saying it wants the state's Supreme Court to weigh in on how to define the best available pollution control technology under Texas law.

  • February 20, 2024

    Restoration Architect Says Visa Denial Ignored Evidence

    A Colombian restoration architect who wants to address the affordable housing shortage in the U.S., accused immigration officials in Florida federal court of disregarding more than 1,000 pages of evidence in denying him a national interest waiver for a visa.

  • February 20, 2024

    Ex-OCC Fintech Chief Won Over Top Brass Despite Red Flags

    The Office of the Comptroller of the Currency's onetime fintech chief who seemingly fabricated his professional background appears to have sailed through the hiring process at the agency, according to internal OCC communications obtained by Law360.

  • February 20, 2024

    Crypto-Friendly Atty Challenges Warren For Senate Seat

    An attorney known for his pro-crypto views and criticism of the U.S. Securities and Exchange Commission announced on Tuesday a campaign to unseat incumbent and crypto critic Sen. Elizabeth Warren in the Massachusetts senatorial race.

  • February 20, 2024

    Wealthy Nations Want Consensus Voting At UN Tax Group

    The United Nations General Assembly's committee for drafting the rules and goals of an international tax convention should make decisions by consensus rather than following the assembly's simple majority voting rules, governments from wealthy countries said Tuesday.

  • February 20, 2024

    WTO Says Revised Duties On Spanish Olives Still Out Of Line

    The World Trade Organization called on the U.S. to fix revised countervailing duties on Spanish olives, ruling Tuesday that the duties are still not in compliance with its 2021 decision rejecting the investigation that resulted in the tariffs.

  • February 20, 2024

    Fluoride Trial Judge Mulls 'Mixed' IQ Evidence In Closings

    A California federal judge questioned the EPA and environmental groups on studies linking fluoride exposure to lower IQs during bench trial closing arguments Tuesday, observing that there's a clear dose-response relationship at high levels of fluoride exposure, but at low levels, "the evidence is mixed — we've got evidence going both ways."

  • February 20, 2024

    Skipped Hearing Sinks Conn. Pot Store Fight, Court Told  

    A lawsuit seeking to revoke the approval of a cannabis retail permit in Stamford, Connecticut, cannot proceed because a coalition of anti-pot taxpayers followed the wrong process by skipping a public hearing and suing instead, the city's counsel told a state judge during an oral argument on Tuesday.

Expert Analysis

  • Reverse Merger Tips For Biotechs After SEC's Recent Actions

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    Several recent U.S. Securities and Exchange Commission developments could limit the viability of reverse mergers for biotech companies, and will require additional creativity and analysis for private companies looking to go public, say attorneys at Orrick.

  • CFPB's Proposed Overdraft Rule Evokes A Dickensian Tale

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    The Consumer Financial Protection Bureau's new proposed rule, declaring overdraft credit to be under Truth In Lending Act protection, creates tension between vigorous agency action and judicial concerns about administrative overreach that calls to mind Charles Dickens' "A Tale of Two Cities," say Eric Mogilnicki and David Stein at Covington.

  • Opinion

    Aviation Watch: Navigating The Air Traffic Control Crisis

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    After a recent Federal Aviation Administration report identified significant deficiencies in air traffic control staffing, equipment and funding that compromise U.S. aviation safety, it is vital that the FAA act to limit the volume of traffic to what air traffic control can safely manage with available resources, says Alan Hoffman, a retired attorney and aviation expert.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Opinion

    Stakeholder Amici Should Be Heard In Russian Trade Case

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    Although the U.S. Court of International Trade recently rejected U.S. Steel's amicus brief in NLMK Pennsylvania v. U.S., other industry stakeholders should seek to appear — and the court should allow it because additional perspectives will lead to a more informed ruling, say attorneys Jeffrey Shapiro and Michael Andrews.

  • Opinion

    Proposed Rule Misses The Mark On Improving MDLs

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    The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.

  • Parsing Treasury's Proposed Clean Hydrogen Tax Credit Rules

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    Regulations recently proposed by the IRS and the U.S. Department of the Treasury concerning two types of tax credits for clean hydrogen production facilities should resolve many of the most pressing questions around qualification for the credits — albeit in a relatively stringent manner, say attorneys at Morgan Lewis.

  • What Businesses Should Know About NJ Privacy Bill

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    New Jersey’s recently passed comprehensive privacy bill S.B. 332 presents businesses with a nuanced framework and compliance obligations, including opt-in consent requirements for sensitive data, with recommendations for businesses to organize data, review consent requirements and more, says Trisha Sircar at Katten.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • What Cos. Can Learn From 2023 Export Enforcement Report

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    A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.

  • What EU And UK Corp. Corruption Reform Means For US Cos.

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    Legislative developments in the U.K. and European Union have signaled that the prosecution of fraud and corruption is becoming a greater priority, and large U.S. companies with a global presence should view them as an opportunity to create and revise their global compliance programs, say attorneys at DLA Piper.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • What's In NY's Draft Guidance On AI Use In Insurance

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    Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.

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