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Public Policy

  • October 31, 2025

    Judge Questions ICE's Warrantless Arrests In ACLU Case

    After more than 12 hours of testimony, a federal judge appeared unconvinced by the government's position that U.S. Immigration and Customs Enforcement had done nothing wrong to warrant preliminary injunctive relief in a proposed class action alleging the agency is conducting warrantless arrests without determining probable cause.

  • October 31, 2025

    Monthly Merger Review Snapshot

    The Justice Department battled with state attorneys general trying to peek behind its controversial settlement clearing Hewlett Packard Enterprise's Juniper purchase, United Kingdom officials deepened their probe into Getty's proposed acquisition of Shutterstock and Pfizer cried foul when Novo Nordisk tried to swoop in over its Metsera purchase.

  • October 31, 2025

    Return Detainees For Suit Over ICE Facility, Judge Says

    Immigration detainees who were transported to Kansas the morning after they launched a proposed class action over allegedly inhumane conditions at the government's Broadview, Illinois, holding facility should be promptly returned to the Northern District of Illinois, a Chicago federal judge said Friday.

  • October 31, 2025

    Binance Founder Demands Warren Retract 'Defamatory' Claim

    The recently pardoned founder of crypto exchange Binance is demanding Sen. Elizabeth Warren, D-Mass., retract alleged misstatements criticizing the president's decision to grant clemency following reported business ties between Binance and the Trump family.

  • October 31, 2025

    9th Circ. Nixes Exemption To Bioengineered Food Label Rule

    The Ninth Circuit delivered a mixed ruling Friday in some food advocacy groups' challenge to federal food labeling regulations, affirming that the U.S. Department of Agriculture can use the term "bioengineered" over "GMO" or "genetically modified" but reversing an order exempting highly refined foods from receiving the bioengineered label.

  • October 31, 2025

    Reps Pan Plans To Pull Troops, Test Nuclear Weapons

    Republican and Democratic lawmakers in Congress urged the Trump administration to rethink decisions to pull some troops from Europe and restart nuclear weapons tests, with some calling them dangerous and uncoordinated moves.

  • October 31, 2025

    Community 'Anchors' Set Sights On More Connectivity Funds

    Advocates for school, library and healthcare connectivity said Friday they're optimistic about their public policy goals and, despite a few recent setbacks, are focused on making sure broadband funding continues to go toward community "anchors."

  • October 31, 2025

    Seattle Wins Injunction Against Trump's Anti-DEI Grant Terms

    A Washington federal judge shielded Seattle on Friday from a pair of Trump administration executive orders requiring federal grant recipients to cease diversity programming and refrain from using any of the money to "promote gender ideology," saying the city's legal challenge will likely succeed.

  • October 31, 2025

    Hawaii Judge Declares FDA's Mifepristone Regs Unlawful

    The U.S. Food and Drug Administration failed to sufficiently justify restrictions on the abortion drug mifepristone, a Hawaii federal judge ruled in an order declaring the restrictions unlawful under the Administrative Procedure Act.

  • October 31, 2025

    Up Next At High Court: Tariffs, Fugitives & Contractor Liability

    The U.S. Supreme Court will begin its November oral argument session Monday, during which the justices will consider President Donald Trump's authority to impose tariffs on foreign countries under an emergency statute, whether military contractors can be held liable for alleged breaches of contracts in war zones, and if there are time limits for litigants who want to vacate a void judgment. Here, Law360 breaks down the week's oral arguments.

  • October 31, 2025

    SEC Extends Fee Cap Compliance Dates After DC Circ. Ruling

    The U.S. Securities and Exchange Commission on Friday extended the compliance deadlines for new rules that will cap the fees that exchanges can charge investors and allow exchanges to quote stock prices in half-penny increments after the D.C. Circuit rejected calls to overturn the rules.

  • October 31, 2025

    Gov't Owes $330K In Fees For NSF Funding Fight, Court Told

    A higher education association seeks more than $330,000 in attorney fees and costs from the government after winning a ruling blocking the Trump administration from cutting certain National Science Foundation funding, according to a memorandum filed in Massachusetts federal court.

  • October 31, 2025

    Minn. Makes More Tribal Deals To Build 'Unique' Pot Market

    Minnesota has signed its fifth compact with a federally recognized tribe, allowing each one to issue licenses for eight cannabis retailers outside their respective reservations, as well as licenses to grow and manufacture the plant, with the Fond du Lac Band of Lake Superior Chippewa and the Leech Lake Band of Ojibwe the latest to reach deals.

  • October 31, 2025

    Trump Admin Must Keep SNAP Running, Federal Judges Say

    A Rhode Island federal judge Friday ordered the Trump administration to use contingency funds to sustain Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown, while a Boston federal judge gave the government until Monday to choose one of two paths to keep the program running to some degree.

  • October 31, 2025

    5th Circ. Rejects NLRB's New Remedies In Restaurant Case

    The Fifth Circuit in a published opinion Friday rejected the National Labor Relations Board's new remedial framework, saying the agency overstepped by ordering a restaurant owner to compensate workers for the foreseeable losses they suffered after their illegal firings.

  • October 31, 2025

    7th Circ. Says Ill. Judge Can't Be 'Supervisor' Of CBP Official

    The Seventh Circuit held Friday that an Illinois federal judge overstepped in requiring a top Border Patrol official leading the Trump administration's immigration enforcement surge in Chicago to appear before her every weekday ahead of a Nov. 5 preliminary injunction hearing, saying she put herself in the position of "an inquisitor rather than that of a neutral adjudicator."

  • October 31, 2025

    Sandisk Urges Fed. Circ. To Take On 'Settled Expectations'

    Sandisk Technologies Inc. has again told the Federal Circuit that the U.S. Patent and Trademark Office's denial of patent reviews based on the owner's "settled expectations" violates the law, asserting it's "now or never" for court action, since most decisions will no longer be explained.

  • October 31, 2025

    Judges See An Immigration Court Gutted From Inside

    Eight former immigration judges who spoke to Law360 say the rough treatment of the immigration courts in President Donald Trump's second term poses an unprecedented threat to judicial independence and is eroding immigrants' due process rights.

  • October 31, 2025

    Black Law Prof Wants High Court To Review Bias Suit Ruling

    A Black University of Michigan Law School professor has asked the U.S. Supreme Court to revive a lawsuit claiming she was disciplined because she had complained about racial discrimination, arguing that a federal appeals panel was too credulous of a dean's version of events.

  • October 31, 2025

    1st Circ. Refuses To Transfer FCC Prison Phone Rate Case

    The First Circuit declined Friday to move multidistrict litigation over prison phone rate caps to the Fifth Circuit, rejecting an argument from phone service providers.

  • October 31, 2025

    sa¹ú¼Ê´«Ã½ Union Sounds Alarm As Funding 'Approaches Zero'

    The Consumer Financial Protection Bureau's employee union warned that the agency is on the verge of running out of money and called for its acting Director Russell Vought to immediately request additional funds from the Federal Reserve.

  • October 31, 2025

    PVC Pipe Makers Say Price 'Conspiracy' Is 'Basic Economics'

    Polyvinyl chloride pipe manufacturers facing antitrust claims over 2020 price increases have told an Illinois federal judge the purchaser plaintiffs have failed to plausibly show there was a per se price-fixing conspiracy, so their suit should be dismissed.

  • October 31, 2025

    Ill. Judge Won't Stay Nationwide DEI Injunction For Appeal

    An Illinois federal judge has refused to pause his order blocking a requirement for federal grant recipients to certify that they don't operate programs that violate President Donald Trump's executive orders targeting diversity, equity and inclusion initiatives, saying his ruling was in line with a recent Supreme Court decision advising courts to limit nationwide injunctions.

  • October 31, 2025

    NJ Lawmaker Introduces Bill To Ban Kratom Extract

    A New Jersey state senator is looking to ban a kratom-derived compound, 7-hydroxymitragynine or 7-OH, which the U.S. Food and Drug Administration says should be highly restricted and is at the center of several proposed consumer class actions.

  • October 31, 2025

    Ed Dept. Pushing Millions Of Borrowers Into Default, Suit Says

    The secretary of the U.S. Department of Education and three major credit bureaus were hit with a proposed class action in Georgia federal court for allegedly forcing millions of student loan borrowers into delinquency and default due to operational failures in loan servicing after the COVID-19 deferment period ended earlier this year.

Expert Analysis

  • HSR Compliance Remains A Priority From Biden To Trump

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    Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.

  • Cos. Face EU, US Regulatory Tension On Many Fronts

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    When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.

  • How EU Is Tweaking Enviro Laws After US Trade Deal

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    While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.

  • The Consequences Of OCC's Pivot On Disparate Impact

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    The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.

  • FDA Transparency Plans Raise Investor Disclosure Red Flags

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    The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.

  • Rising USCIS Denials May Signal Reverse On Signature Policy

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    Increasingly, U.S. Citizenship and Immigration Services appears to be issuing denials and requests for evidence in cases where petitioners digitally affix handwritten signatures to paper-based petitions, upending a long-standing practice with potentially grave consequences for applicants, says Sherry Neal at Corporate Immigration.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • 2 Calif. Cases Could Reshape Future Of Trap-And-Trace Suits

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    A California federal judge's recent dismissal of two California Invasion of Privacy Act cases demonstrates an inherent contradiction in pen register and trap-and-trace claims, teeing up a Ninth Circuit appeal that could either breathe new life into such claims or put an end to them outright, says Matthew Pearson at Womble Bond.

  • How FDIC Appeals Plan Squares With Fed, OCC Processes

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    The Federal Deposit Insurance Corp.'s recent proposal to revise its appeals process merits a fresh comparison to the appeals systems of the Federal Reserve and Office of the Comptroller of the Currency, and would provide institutions with greater transparency and independence, say attorneys at Alston & Bird.

  • How GILTI Reform Affects M&A Golden Parachute Planning

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    Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.

  • SEC Rulemaking Radar: The Debut Of Atkins' 'New Day'

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    The U.S. Securities and Exchange Commission's regulatory flex agenda, published last week, demonstrates a clear return to appropriately tailored and mission-focused rulemaking, with potential new rules applicable to brokers, exchanges and trading, among others, say attorneys at Goodwin.

  • Restored Charging Project Funds Revive Hope For EV Market

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    While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

  • A Changing Playbook For Fighting Records Requests In Del.

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    The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.

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