Public Policy

  • February 24, 2024

    Up Next At High Court: Social Media Laws & Bump Stocks

    The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints, and a dispute over the federal government's authority to ban bump stocks.

  • February 23, 2024

    Vanderbilt, 3 Other Elite Schools Ink $166M Aid-Fixing Deals

    Vanderbilt University, Northwestern University, Dartmouth College and Rice University on Friday reached settlements totaling $166 million to resolve proposed antitrust class claims alleging that they and 13 other universities conspired to limit student aid.

  • February 23, 2024

    Trump Asks Court To Wait On 'Uncertain' $83M Carroll Award

    Donald Trump has asked a New York federal judge to hold off on forcing him to pay the $83.3 million he owes writer E. Jean Carroll for calling her a liar, a request that comes the same day he was hit with a $454 million bill in a separate case.

  • February 23, 2024

    CFPB Subjects Lender To Supervision In 1st Oversight Flex

    The Consumer Financial Protection Bureau said Friday that it has decided to require supervision for one of the nation's largest personal installment lenders, a move that marks the first time the agency has flexed its special risk-based oversight power over a company's objections.

  • February 23, 2024

    Russian Assets Seen As Key To Tipping The Scales For Ukraine

    The 500-plus sanctions the U.S. added against Russia and its enablers Friday will continue to make the Kremlin's war more costly, but experts say the key to a real sea change in Ukraine is giving it Russia's seized assets abroad.

  • February 23, 2024

    SEC Upholds Bar On Ex-RBC Rep Who Cashed Out $1M Error

    The U.S. Securities and Exchange Commission on Friday upheld a disciplinary action against a former RBC Capital Markets LLC representative who was accused of violating his industry's code of conduct when he converted $1 million that his firm accidentally deposited in his personal brokerage account.

  • February 23, 2024

    Gun Cos. Can't End New York AG's Ghost Gun Crisis Suit

    A New York federal judge Friday largely denied a dismissal bid by gun distributors accused by New York Attorney General Letitia James of selling gun parts that can be easily converted into "ghost guns" to customers without background checks, rejecting the distributors' argument that the state's claims infringe on the Second Amendment.

  • February 23, 2024

    Netflix, Hulu Don't Owe Franchise Fees, Calif. Panel Rules

    Netflix and Hulu have again beaten a proposed class action from a California city claiming the streaming providers should be regulated like cable companies and pay franchise fees to localities, with a state appeals court ruling the city had no right to private action under a 2006 statute.

  • February 23, 2024

    FCC To Again Start Collecting Broadcast Workforce Data

    The Federal Communications Commission has voted on party lines to start collecting workforce diversity data from the broadcast industry after a more than two-decade hiatus.

  • February 23, 2024

    Smirnov's Attys May Be Trying To Help Him Flee, Judge Says

    A California federal judge indicated Thursday that counsel for Alexander Smirnov, the former FBI informant charged with fabricating reports that President Joe Biden and his son took bribes from a Ukrainian company, are trying to get Smirnov released ahead of trial "likely to facilitate his absconding from the United States."

  • February 23, 2024

    SD Bill To Expand Native Voting Rights Put Off To Next Session

    A South Dakota bill aimed at expanding and protecting the voting rights of Native Americans was tabled on Friday when state lawmakers ran out of time to consider the legislation with questions lingering on how to craft its language to ensure compliance with state and federal voting rights laws.

  • February 23, 2024

    Wildlife, Paddling Groups Want To Join Clean Water Act Fight

    The National Wildlife Federation and American Whitewater are asking a Louisiana federal judge to let them join litigation over an updated Clean Water Act rule that expanded states' and tribes' ability to block projects such as pipelines and dams over water quality concerns, to ensure their interests are considered.

  • February 23, 2024

    FTC Rips H&R Block's 'Deceptive' Marketing, 'Coercive' Ploys

    The Federal Trade Commission filed an administrative complaint against H&R Block claiming the tax preparation company deceptively marketed some products as "free" and "coerced" people to pay for pricier products, the government agency announced Friday.

  • February 23, 2024

    Fla. Suit Says AP Helped Terrorists During Oct. 7 Attack

    A group of people who were present during the Oct. 7 attack in Israel have brought a Florida federal lawsuit against The Associated Press, alleging that the news organization aided terrorists during the incident by using coverage from freelance journalists connected to Hamas.

  • February 23, 2024

    Yes, Justices Mainly Use Arguments To Talk To Each Other

    U.S. Supreme Court Justice Sonia Sotomayor confirmed Friday a common complaint from attorneys who've argued in front of her and her eight colleagues: The justices are most definitely using their questions at oral arguments to talk to each other, not the lawyers.

  • February 23, 2024

    Cannabis Workers Say Co. Imposed Quotas, Didn't Pay Up

    California cannabis company Glass House Brands Inc. and a number of its subsidiaries were hit with a proposed class action suit Tuesday claiming it bilked workers out of sick pay, minimum wage and lunch breaks and that it illegally enforced quotas.

  • February 23, 2024

    CFTC Commissioner Dings Agency's Dodd-Frank 'Rollback'

    U.S. Commodity Futures Trading Commission member Christy Goldsmith Romero has criticized agency staff over a recent decision to give swap dealers a pass on complying with a certain Dodd-Frank-era regulation related to interest rate swap disclosures, saying the move threatens to undermine an important protection against conflicts of interest.

  • February 23, 2024

    The New BIPA? Attys Warn GIPA Is A 'Live Grenade'

    After notable appellate victories in biometric privacy cases, Illinois plaintiffs have seized upon a previously little-used law protecting workers' genetic privacy, leaving defense attorneys wondering if history will repeat itself and open companies to potentially explosive liability. 

  • February 23, 2024

    Over 150 Orgs Warn Biden Asylum Ban Would 'Stain' Legacy

    More than 150 organizations warned President Joe Biden that his administration was embracing policies that mirror those of former President Donald Trump, citing what they said has been a shift to cruel immigration policies from when Biden first took office.

  • February 23, 2024

    Oil Biz Gave Wells To Shell Co. To Skip Cleanup, Suit Says

    Oil and gas company HRM Resources has been accused in Colorado state court by landowners of fraudulently transferring roughly 200 oil and gas wells to a shell company that soon turned around and declared bankruptcy in order to dodge cleanup obligations.

  • February 23, 2024

    Gov.'s Romantic Ties To Top Court Pick May Spark Recusals

    Massachusetts Gov. Maura Healey's selection of a former romantic partner to serve on the state's Supreme Judicial Court could be grounds for the justice to recuse herself from certain cases, though those scenarios would be relatively rare, legal ethics experts told Law360.

  • February 23, 2024

    Chamber's Report Bemoans Biden's March-In Idea For Drug IP

    The most powerful business lobbying group in the U.S. said that although the country ranked at the top of its annual International IP Index, the Biden administration's efforts to potentially use patent laws to reduce the price of pharmaceuticals would jeopardize its place down the line.

  • February 23, 2024

    Colo. Judge Rejects Trump's Atty Fee Bid In Ballot DQ Suit

    A Colorado state judge has denied former President Donald Trump's bid for over $165,000 in attorney fees in a lawsuit seeking to bar him from the ballot in the upcoming presidential election, with the judge finding one of the dropped claims was not frivolous.

  • February 23, 2024

    DC Appeals Panel Receptive To Ex-DOJ Atty's Subpoena Fight

    A D.C. Court of Appeals panel on Friday appeared open to former U.S. Department of Justice attorney Jeffrey Clark's request that the court reconsider enforcing a subpoena from the D.C. bar's disciplinary counsel pursuing ethics charges against Clark for his alleged role in promoting Donald Trump's false election fraud narrative.

  • February 23, 2024

    NCAA Can't Enforce NIL Restrictions Amid Suit, Judge Rules

    A Tennessee federal judge on Friday granted a preliminary injunction preventing the NCAA from enforcing its ban on name, image and likeness compensation for athletes being recruited by institutions, allowing the schools to immediately offer NIL deals to recruits without punishment.

Expert Analysis

  • DC's Housing Tax Break Proposal: What's In It, What's Missing

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    Proposed Washington, D.C., rules implementing the Housing in Downtown Tax Abatement program — for commercial property owners who convert properties into residential housing — thoroughly explain the process for submitting an application, but do not provide sufficient detail regarding the actual dollar value of the abatements, says Daniel Miktus at Akerman.

  • What To Know About OCC Proposals For Bank Merger Review

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    The Office of the Comptroller of the Currency's proposed changes to the agency's bank merger review process could exacerbate industry concerns with long and unpredictable processing periods because the proposal is ambiguous with respect to how the OCC will view certain transactions, say attorneys at Simpson Thacher.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Cos. Must Know How NY, Federal LLC Disclosure Laws Differ

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    Though New York state's new LLC Transparency Act and the federal Corporate Transparency Act impose similar beneficial owner reporting obligations on limited liability companies, New York LLCs should study the important differences between the laws to ensure they are prepared to comply with both, say Abram Ellis, Olenka Burghardt and Jane Jho at Simpson Thacher.

  • Opinion

    Biden Admin's March-In Plan Would Hurt Medical Innovation

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    The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.

  • More Than Drugs At Stake In High Court's 'Blind Mule' Case

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    The U.S. Supreme Court's eventual decision in Diaz v. U.S., evaluating whether expert witnesses may testify that most defendants caught with drugs at the border know they are transporting drugs, could have implications for prosecuting everything from complex financial crimes to gun and drug cases, says Kenneth Notter at MoloLamken.

  • Why Fla. High Court Adopting Apex Doctrine Is Monumental

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    The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.

  • Why Biz Groups Disagree On Ending Chevron Deference

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    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

  • US-Chile Tax Treaty May Encourage Cross-Border Investors

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    Provisions in the recently effective U.S.-Chile bilateral income tax treaty should encourage business between the two countries, as they reduce U.S. withholding tax on investment income for Chilean taxpayers, exempt certain U.S. taxpayers from Chilean capital gains tax, and clarify U.S. foreign tax credit rules, say attorneys at Kramer Levin.

  • SEC Regs Give Banks Chance To Step Up Cyber Safety Game

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    Just as the Sarbanes-Oxley Act forced financial institutions to undertake best practices in recordkeeping, the U.S. Securities and Exchange Commission’s recently effective cybersecurity regulations stand to similarly drive those same enterprises to seek out and implement best practices in cybersecurity, to everyone's benefit, says James Gerber at SimSpace.

  • A Look Ahead For The Electric Vehicle Charging Industry

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    This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.

  • Opinion

    Oregon Law Would Compromise Management Service Orgs

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    If passed, a proposed Oregon law would materially limit physician corporate practice of medicine structures, causing significant disruption to the provision of medicine and hindering professional corporations' ability to focus on the clinical components of their practice, say Christina Bergeron and William Shefelman at Ropes & Gray.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • How DOD Can Improve Flexibility Under Proposed Cyber Rule

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    The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

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