Public Policy

  • February 29, 2024

    Discover Deal Prompts Dems To Seek Bank Merger Revamp

    Rep. Maxine Waters, D-Calif., the top Democrat on the House Financial Services Committee, and 15 other House Democrats are calling on federal bank regulators and the U.S. Department of Justice to quickly crack down on mergers in the wake of Capital One's recently announced $35.3 billion deal to acquire Discover Financial Services.

  • February 29, 2024

    9th Circ. Says Fight Over COVID-19 Misinformation Law Moot

    The Ninth Circuit on Thursday unanimously dismissed as moot two consolidated appeals by doctors who challenged as unconstitutional California's since-repealed statute deeming it "unprofessional conduct" to spread COVID-19 misinformation to patients under their care, noting that the statute's repeal means there is no longer any live controversy.

  • February 29, 2024

    Calendar Co. Says Feds Trying To Nix Evidence They Spoiled

    A calendar company challenging a tariff classification for its planners has told the U.S. Court of International Trade it found the government's bid to strike part of the company's opposition brief ironic given a recent discovery that the government tampered with samples of the company's products, and in a way that supports the company.

  • February 29, 2024

    NC Says Court Blocked From Philip Morris Franchise Tax Spat

    The North Carolina Department of Revenue urged the state Supreme Court to uphold a loss for Philip Morris in the agency's fight to fetch more than $300,000 in franchise tax from the tobacco giant, arguing that state law forbids an administrative court to contemplate the constitutionality of tax law.

  • February 29, 2024

    Offshore Well Closings Need More Enforcement, Groups Say

    The federal government needs to create new regulations aimed at ensuring the prompt environmentally responsible decommissioning of offshore oil and gas wells and platforms, green groups said Thursday.

  • February 29, 2024

    Colo. Panel Says Well Owners' Appeal Belongs In Water Court

    Two Colorado well owners can't bring a county district court lawsuit challenging a well permitting decision by the state water engineer because those issues are "water matters" that belong in a special water court, an appellate panel ruled Thursday.

  • February 29, 2024

    Feds Say High Court Ruling Irrelevant To Razor Wire Fight

    The Biden administration told the Fifth Circuit on Thursday that the U.S. Supreme Court's recent ruling rejecting its sovereign-immunity defense in Fair Credit Reporting Act litigation "sheds no light" on its fight with Texas over concertina razor-wire barriers the Lone Star State has erected along the U.S-Mexico border.

  • February 29, 2024

    NY Tabs Equinor, Orsted Projects For Offshore Wind Deals

    New York officials on Thursday awarded power contracts to offshore wind projects being developed by Equinor and an Orsted-Eversource partnership, the first contracts awarded under a revised bidding process aimed at combating macroeconomic headwinds buffeting U.S. offshore wind development.

  • February 29, 2024

    Mich. Judge Floats Sanctions If Doc Review Wastes Her Time

    A Michigan federal judge on Thursday warned attorneys for a water engineering firm accused of prolonging lead exposure in the Flint water crisis not to waste her time by improperly withholding unprotected documents related to its public relations strategy around the case.

  • February 29, 2024

    Feds Want To Ask Trump Jurors If 2020 Election Was 'Stolen'

    Florida federal prosecutors want to ask potential jurors in Donald Trump's classified documents case if they believe the 2020 election was "stolen" and if they hold opinions about how the FBI executed a highly publicized search warrant at his Mar-a-Lago resort.

  • February 29, 2024

    Monthly Merger Review Snapshot

    The Federal Trade Commission challenged Kroger's $24.6 billion bid for Albertsons, Microsoft and the FTC battled over plans to lay off nearly 2,000 video game workers amid the Activision merger fight, and the alliance of ESPN, Fox and Warner Bros. Discovery drew its first challenger.

  • February 29, 2024

    Senate Confirms First Woman To Be Top IRS Attorney

    The U.S. Senate on Thursday confirmed a former director at EY who previously served as associate chief counsel, international, at the Internal Revenue Service to be the agency's chief counsel, making her the first woman to be confirmed for the role.

  • February 29, 2024

    NJ Panel Says Ex-City Prosecutor Not Eligible For Pension

    A former municipal prosecutor was not a city employee but a professional service provider, a New Jersey appellate panel held Thursday, stripping him of seven years of pension participation and credits.

  • February 29, 2024

    Wis. Tribe, Homeowners Hit Cranberry Farms With CWA Suit

    A homeowner association and the Lac Courte Oreilles Band of the Lake Superior Chippewa claim two cranberry farms are unlawfully discharging excess phosphorus into a northwest Wisconsin lake and contributing to pollution harming its popular sport fishery and other natural resources.

  • February 29, 2024

    Colo. House OKs Multistate Online Insurance Tax Filing

    Colorado would require insurance companies to pay certain taxes through a multistate third-party online application approved by the state Division of Insurance under legislation passed by the state House of Representatives.

  • February 29, 2024

    Asking For Salary History Banned In Columbus, Ohio

    Employers in Columbus, Ohio, will no longer be able to ask job applicants about their salary history under a law set to take effect Friday.

  • February 29, 2024

    Texas Judge Bars State's Migrant Arrest Law During Litigation

    A Texas federal judge on Thursday slammed the brakes on a Texas law that would allow the state to arrest and deport migrants, ruling that states can't exercise immigration enforcement power without federal permission.

  • February 29, 2024

    CFPB Takes Aim At 'Steering' In Credit Card Comparison Tools

    The Consumer Financial Protection Bureau on Thursday fired a shot across the bow of websites and apps that let consumers comparison-shop for credit cards, warning in new guidance that paid-placement rankings and other forms of preferential "steering" can run afoul of federal law.

  • February 28, 2024

    FTC Not Backing Down In Kids' Privacy Arena, Chair Says

    The Federal Trade Commission is focused on using all its tools to crack down on social media platforms that are "manipulating" users' data and harming children, including by continuing to take aggressive enforcement action and exploring the possibility of crafting new regulations to curb online "commercial surveillance" practices, the agency's chair said Wednesday. 

  • February 28, 2024

    Ariz. AG Says RealPage, Landlords Use Algo To Fix Rent Prices

    Arizona's attorney general on Wednesday filed an antitrust suit in state court against RealPage and several landlords over an alleged conspiracy to illegally raise rents for hundreds of thousands of renters by using the software company's algorithms to quell competition.

  • February 28, 2024

    Sioux Phone Authority Keeps Calling For FCC Telecom Status

    The Cheyenne River Sioux Tribe Telephone Authority has once again asked the Federal Communications Commission to recognize it as an "eligible telecommunications carrier," saying several tribal groups, as well as the South Dakota Public Utilities Commission, support its bid for agency recognition.

  • February 28, 2024

    Judge Asks When Feds Will Consider Climate In Oil Leases

    A D.C. federal judge on Wednesday voiced frustration at the Bureau of Land Management's inability to account for the total impact of carbon emissions from six western oil and gas leases, but cautioned that previous circuit courts have upheld federal agencies' reluctance to block projects based on climate change predictions.

  • February 28, 2024

    SEC Taps Agency Vet To Lead Adviser, Fund Rulemaking Unit

    The U.S. Securities and Exchange Commission announced Wednesday that an agency veteran currently serving as deputy director of the examinations division will be the new head of its investment management division, which oversees the regulation of investment advisers, mutual funds and certain private fund operators.

  • February 28, 2024

    'Lawyer Cat' Judge, Texas Attys Seek Seats On New Courts

    The state court judge behind 2021's viral "lawyer cat" video along with several prominent Houston attorneys have submitted bids for appointment to the Lone Star State's newest courts, according to records obtained by Law360. Here's a look at some of the attorneys who have thrown their names in the running for the new appointments.

  • February 28, 2024

    Marcum CPA Sues To Stop SEC's 'Unprecedented' In-House Case

    A certified public accountant and Marcum LLP engagement partner has sued the U.S. Securities and Exchange Commission in New York federal court, seeking to block its administrative case against him by arguing his constitutional rights are being violated by an "entirely unprecedented" enforcement action.

Expert Analysis

  • Opinion

    NY Shouldn't Pair 421-a Restoration And Good Cause Eviction

    Author Photo

    The good cause eviction system of rent control should not be imposed in New York, nor should its legislation be tied to renewal of the 421-a tax abatement program, which New York City desperately needs, says Alexander Lycoyannis at Holland & Knight.

  • Opinion

    OFAC Should Loosen Restrictions On Arbitration Services

    Author Photo

    The Office of Foreign Assets Control regulations should be amended so that U.S. persons can provide arbitration services to sanctioned parties — this would help align OFAC policy with broader U.S. arbitration policy, promote efficiency, and effectively address related geopolitical and regulatory challenges, says Javier Coronado Diaz at Diaz Reus.

  • Proposed RCRA Regs For PFAS: What Cos. Must Know

    Author Photo

    Two rules recently proposed by the U.S. Environmental Protection Agency would lead to more per- and polyfluoroalkyl substances being regulated under the Resource Conservation and Recovery Act, and would increase the frequency and scope of corrective action — so affected industries should prepare for more significant cleanup efforts, say attorneys at Alston & Bird.

  • 7 Common Myths About Lateral Partner Moves

    Author Photo

    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Basics Of Bank Regulators' Push For Discount Window Use

    Author Photo

    As the Federal Reserve and Office of the Comptroller of the Currency emphasize short-term liquidity risk management as central to preventing spring 2023-style bank collapses, banks should carefully tune into regulators’ remarks encouraging use of the Fed’s discount window, which some policymakers identify as a key component in the evolution of liquidity regulation and backstop lending, say attorneys at Arnold & Porter.

  • Proposed Hydrogen Tax Credit Regs May Be Legally Flawed

    Author Photo

    While the recently proposed regulations for the new clean hydrogen production tax credit have been lauded by some in the environmental community, it is unclear whether they are sufficiently grounded in law, result from valid rulemaking processes, or accord with other administrative law principles, say Hunter Johnston and Steven Dixon at Steptoe.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

    Author Photo

    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • How Broker-Dealers Can Prepare For New Remote Work Rules

    Author Photo

    Securities regulators recently expanded broker-dealers' ability to permit flexible remote working arrangements through the introduction of residential supervisory locations, a welcome change that better allows broker-dealers to attract and retain talent, say attorneys at King & Spalding.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

    Author Photo

    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Opinion

    Compassionate Release Grants Needed Now More Than Ever

    Author Photo

    After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.

  • Communication Is Key As CFPB Updates Appeals Process

    Author Photo

    Though a recently updated Consumer Financial Protection Bureau rule expands financial institutions' abilities to appeal supervisory decisions, creating strong relationships and open communication channels with CFPB examiners may help resolve disputes faster than the more cumbersome formal process, says Jason McElroy at Saul Ewing.

  • Considerations For Disclosing AI Use In SEC Filings

    Author Photo

    Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.

  • Unpacking The New Russia Sanctions And Export Controls

    Author Photo

    Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.

  • Args In APA Case Amplify Justices' Focus On Agency Power

    Author Photo

    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

    Author Photo

    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
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!