Public Policy

  • May 23, 2024

    House Members Approve Closing Delta-8 Hemp 'Loophole'

    A U.S. House of Representatives committee on Thursday approved a major change to the statutory definition of hemp and hemp products — which would effectively rewrite national hemp policy if it became law — in the next version of the federal Farm Bill.

  • May 23, 2024

    ACLU Follows DOJ In Bid To Block Okla. Immigration Law

    The American Civil Liberties Union on Thursday filed a lawsuit challenging an Oklahoma law criminalizing the presence of undocumented immigrants in the state, mirroring a similar suit the U.S. Department of Justice filed the day prior.

  • May 23, 2024

    White House Pushes Back On GOP's Nominee Complaints

    Sen. Rick Scott, R-Fla., is withholding his go-ahead for a nominee to serve as a U.S. district judge in the Southern District of Florida, alleging that the White House did not work with him. The White House says otherwise.

  • May 23, 2024

    Proposal To Expand PTAB Practitioners Divides Atty Groups

    Patent lawyers and others have chimed in on proposed plans from the U.S. Patent and Trademark Office that would potentially "designate nonregistered practitioners" to litigate at the Patent Trial and Appeal Board, with some urging the agency to let nonpatent lawyers argue there, while others warn it could "dilute the importance of the registration process."

  • May 23, 2024

    Alaskan Youth Sue State Over $43B Natural Gas Project

    A group of children is suing Alaska to stop a $43 billion liquefied natural gas project, alleging the endeavor violates their rights under the state constitution to a climate system capable of sustaining human life, liberty and dignity.

  • May 23, 2024

    House Panel Pushes AM Radio Bill Forward

    Lawmakers on both sides of the aisle came together to bump a popular proposal to prevent automakers from removing AM radios from their vehicles through to the full committee, with the bill sailing through markup Thursday morning.

  • May 23, 2024

    22 States Seek To Defend EPA Heavy-Duty Truck GHG Rule

    A coalition of 22 Democrat-led states and four cities moved to intervene on Thursday in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emission standards for heavy-duty vehicles, arguing that vacating the rule would lead to direct injuries to state lands and resources.

  • May 23, 2024

    Feds Agree To Clean, Close Dump Site For Tribal Nations

    The U.S. Environmental Protection Agency has reached an agreement with the Bureau of Indian Affairs to properly clean and shut down a 70-year-old solid waste dump site on tribal lands in northern Arizona, saying federal law requirements for its closure haven't been followed since 1997.

  • May 23, 2024

    White House Says 1st Circ. Judge Didn't Aid Daughter's Nom

    The White House said Thursday that a First Circuit judge played no part in his daughter's nomination to the appeals court, and plans to retire if she's confirmed.

  • May 23, 2024

    Thomas Sees No Role For Courts In Election Map Fights

    While his Supreme Court colleagues sparred over evidence standards Thursday in a 6-3 decision rejecting claims that South Carolina's congressional map diluted the power of Black voters, Justice Clarence Thomas wrote a solo opinion to argue the country's founders never intended courts to referee election map fights.

  • May 23, 2024

    FCC Aims To Reduce Risk From China-Controlled Test Labs

    The Federal Communications Commission pushed Thursday for new rules to prevent foreign adversaries, mainly the Chinese Communist Party, from playing a role in testing and certifying communications equipment in the U.S. market.

  • May 23, 2024

    Ill. Justices OK $28M Tax Value Appeal Without Payment

    A power company's property in Illinois was not required to pay disputed property taxes before appealing a valuation, the Illinois Supreme Court affirmed Thursday, upholding a reduction in the assessment of about $28 million.

  • May 23, 2024

    FERC Cements 1-Year Window For State, Tribal Water Permits

    The Federal Energy Regulatory Commission on Thursday said it will give states and tribes one year to act on water quality certificate requests from developers of any energy project seeking agency approval, the maximum amount of time allowed under the Clean Water Act.

  • May 23, 2024

    NC GOP Wants 'Citizen-Only' Voting Question On Ballots

    North Carolina Republicans on Thursday pushed to amend the state constitution to clarify that only U.S. citizens may vote in the state.

  • May 23, 2024

    Enforcers Want To Know Where Roll-Ups Are Happening

    The Federal Trade Commission and U.S. Department of Justice are asking for help finding industries where serial acquisitions and roll-up strategies are being used, building on a probe of the healthcare sector launched earlier this year.

  • May 23, 2024

    Conn. To Expand Paid Sick Leave To Smaller Businesses

    More employees in Connecticut will soon become eligible for paid sick leave after the state's governor gave his blessing on a bill that expands the state's time-off requirements to include smaller businesses.

  • May 23, 2024

    Length A 'Red Herring' In Black Student's Hair Bias Case

    A Black Texas high school student claiming his Houston-area district is discriminating against him for wearing his hair in locs told a Galveston judge Thursday the district forces students to choose a religion if they want to style their hair outside the district's dress code, as he fought off multiple dismissal bids.

  • May 23, 2024

    Ga. Judge Says Disorderly Law 'Likely Survives' Challenge

    A federal judge has declined to grant a Georgia man's request to block enforcement of the disorderly conduct ordinance he was arrested under in 2021, finding the law "likely survives" a constitutional challenge to its alleged limits on free speech rights.

  • May 23, 2024

    Commerce Must Rethink German Steel Duties A 4th Time

    The U.S. Department of Commerce failed a third time to convince the trade court that its assessment of a German steel company's energy costs is correct, with the court ordering it to once again rethink duties on the company's exports.

  • May 23, 2024

    AT&T Stands To Gain Billions From 4.9 GHz, Report Says

    A group representing Verizon and T-Mobile is renewing its effort to stop AT&T-affiliate FirstNet from gaining further control of the 4.9 gigahertz public safety band, this time arguing that AT&T stands to gain over $3 billion worth of spectrum if the Federal Communications Commission extends FirstNet's authority.

  • May 23, 2024

    Senate Chairs Seek Info On Trump Meeting With Oil Cos.

    The chairs of the Senate's tax and budget committees said Thursday that they were investigating a meeting with former President Donald Trump, oil and energy companies, a trade association where Trump reportedly sought $1 billion in exchange for policy favors.

  • May 23, 2024

    Ex-Staffer Of Fulton DA Testifies On Fund Misuse Allegations

    A former program manager under Fulton County District Attorney Fani Willis told a Georgia state legislative committee Thursday that she was banished to a file room and her work life was made a "hell" after she reported alleged misuse of federal grant funds.

  • May 23, 2024

    Biden Renominates NLRB Chair, Taps Republican For Vacancy

    President Joe Biden on Thursday announced he intends to renominate Lauren McFerran to continue serving as chair of the National Labor Relations Board, while also tapping a Seyfarth Shaw LLP partner to fill a long-vacant Republican seat on the board.

  • May 23, 2024

    Man Behind NH Primary Deepfake Faces Charges, FCC Fines

    The Democratic consultant accused of making robocalls with a cloned voice of President Joe Biden discouraging voters from taking part in the New Hampshire primary faces a state indictment on 13 felony voter suppression charges and $6 million in potential federal fines.

  • May 23, 2024

    DOL Says 11th Circ. 'Alone' In ERISA Internal Remedy Stance

    The U.S. Department of Labor urged the Eleventh Circuit to reinstate a lawsuit from former seafood company workers who claimed their employee stock ownership plan was overcharged in a $92 million deal, saying they didn't jump the gun by suing instead of pursuing claims internally.

Expert Analysis

  • Manufacturers Should Pay Attention To 'Right-To-Repair' Laws

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    Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.

  • Opinion

    Viral Deepfakes Of Taylor Swift Highlight Need For Regulation

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    As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.

  • Opinion

    Time To Fix NYC's Broken Property Assessment System

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    A New York appellate court's decision to revive Tax Equity Now New York v. City of New York may force the city to revamp its outdated and unfair real estate tax assessment system, which could be fixed with a couple of simple changes, says Seth Feldman at Romer Debbas.

  • New Federal Bill Would Drastically Alter Privacy Landscape

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    While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.

  • How Cos. Can Comply With New PFAS Superfund Rule

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    The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.

  • How EB-5 Regional Centers Can Prepare For USCIS Audits

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    In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.

  • Social Media Free Speech Issues Are Trending At High Court

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    The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.

  • Opinion

    CFPB Could, And Should, Revise Open Banking Rulemaking

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    In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.

  • How Cos. Can Protect IP In Light Of FTC Noncompete Rule

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    While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.

  • Understanding The IRC's Excessive Refund Claim Penalty

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    Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.

  • Why RWI Insurers Should Consider Excluding PFAS

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    As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Don't Fall On That Hill: Keys To Testifying Before Congress

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    Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.

  • Takeaways From FDIC's Spring Supervisory Highlights

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    The Federal Deposit Insurance Corp.'s spring 2024 consumer compliance supervisory report found that relatively few institutions had significant consumer compliance issues last year, but the common thread among those that did were inadequacies or failures in disclosures to consumers, says Matthew Hanaghan at Nutter.

  • Online Portal Helps Fortify Feds' Unfair Health Practices Fight

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    The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.

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