The U.S. Supreme Court is poised to hear arguments Wednesday over who can sue under the decades-old Video Privacy Protection Act in a dispute that experts say is likely to hinge on the approach the justices take to squaring the statute's original intent with the capabilities of modern tracking technologies.
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THURSDAY, OCTOBER 15, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

What To Watch As Justices Weigh Video Privacy Law's Scope

By Allison Grande

The U.S. Supreme Court is poised to hear arguments Wednesday over who can sue under the decades-old Video Privacy Protection Act in a dispute that experts say is likely to hinge on the approach the justices take to squaring the statute's original intent with the capabilities of modern tracking technologies.

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High Court To Consider DOGE FOIA Dispute

By Katie Buehler

The U.S. Supreme Court announced Tuesday it will review the D.C. Circuit's decision to greenlight limited discovery aimed at determining whether the Department of Government Efficiency is an agency subject to the Freedom of Information Act.

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Justices Won't Eye 'Weaponized' Sanctions Of Election Attys

By Jeff Overley

Despite outrage among Ninth Circuit conservatives, the U.S. Supreme Court declined Tuesday to scrutinize six-figure sanctions of lawyers who challenged Arizona election protocols, leaving intact discipline designed to "send a message."

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DOJ Cites Privacy Concerns In Rejecting NM Epstein Files Bid

By Courtney Bublé

The U.S. Department of Justice has rebuffed the state of New Mexico's request for the unredacted Jeffrey Epstein files for its investigation into possible crimes at Epstein's Zorro Ranch, saying it would hinder law enforcement operations.

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Pa. High Court Snapshot: Jail Bargaining, Energy Land Tiffs

By Matthew Santoni

The Pennsylvania Supreme Court will consider whether a referendum banning solitary confinement at the Allegheny County Jail had to be bargained with the jail's union when the court sits in Pittsburgh starting Wednesday.

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Sotomayor Warns Gov't On Double Jeopardy In Migrant's Case

By Britain Eakin

U.S. Supreme Court Justice Sonia Sotomayor cautioned the government on Tuesday about charging a deported Mexican national twice for the crime of being found in the U.S. after having been removed, saying constitutional problems plagued the government's treatment of the man.

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DOJ's Revised Powers For LA's Essayli Questioned By Judge

By Craig Clough

A federal judge appeared skeptical Tuesday that the Justice Department's revised delegation of authority to Los Angeles' top federal prosecutor, Bill Essayli, complies with a recent Ninth Circuit ruling, repeatedly asking whether the changes meaningfully restrict his powers.

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BANKING & SECURITIES

Analysis

CFTC Outlines Creative Path To Crypto Oversight

By Aislinn Keely

The U.S. Commodity Futures Trading Commission is employing a creative use of a Dodd-Frank Act provision to fashion itself a form of authority over crypto spot markets after the Clarity Act failed to move forward, an effort that experts say will draw industry applause and state scrutiny.

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ENERGY & ENVIRONMENTAL

Trump Admin Tests Permit Bill In Seeking Offshore Wind Redo

By Keith Goldberg

The Trump administration wants to redo the approval of a wind project off the shores of Rhode Island, home to one of the architects of a U.S. Senate permitting bill who has warned that continued anti-wind and solar moves by the administration could derail the bipartisan bill.

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DC Circ. Mulls Whether EPA Can Set Waiver Post-Deadline

By Nadia Dreid

The D.C. Circuit is set to decide if the Environmental Protection Agency is allowed to go back and change the amount of renewable fuel that gas-producing companies have to make in a given year after the deadline for doing so has passed.

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Colo. Panel Probes Challenge To Large-Scale Feedlot Permit

By Rachel Konieczny

The Colorado Court of Appeals challenged environmental groups' opposition to a permit allowing large-scale animal feeding facilities to operate without certain monitoring requirements, but pressed counsel for both parties on Tuesday on the permit's purpose amid potential pollution to the state's waterways.

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MEDIA & ENTERTAINMENT

FCC Using 'Excuses' To Threaten Licenses, ABC Says

By Christopher Cole

ABC told a D.C. federal court the Federal Communications Commission has effectively admitted that a probe of its parent Disney's hiring practices could not justify threatening eight of the network's TV stations' licenses with an early renewal proceeding.

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DOJ Investigating White House TV Pool For Halting Coverage

By Aneeta Mathur-Ashton

The U.S. Department of Justice has said it is investigating whether the White House television press pool's decision to halt coverage of President Donald Trump last month violated antitrust law.

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TRANSPORTATION & INFRASTRUCTURE

Norfolk Southern Wants Out Of East Palestine Derailment Suit

By Mike Curley

Norfolk Southern Corp. is asking an Ohio federal judge to throw out the East Palestine City School District Board of Education's latest complaint over the 2023 train derailment, saying the claims that the derailment cost the board tax money cannot stand up to court standards.

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SPORTS & BETTING

Judge Halts Tree Clearing In Trump DC Golf Course Plan

By Jared Foretek

A Washington, D.C., federal judge Tuesday ordered the Trump administration not to fell any more trees on a public golf course it's seeking to rebuild, days after the government cleared over 400 trees from the park.

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Wash. School District Defends Trans Policy At High Court

By Alex Lawson

A Washington state school district rebuked a suit challenging its permissive transgender athlete policies Tuesday, telling the U.S. Supreme Court that the legal fight is not nearly ripe enough for high court scrutiny. 

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REAL ESTATE

High Court Won't Hear NYC Loft-Conversion Petition

By Isaac Monterose

The U.S. Supreme Court on Tuesday declined to review a decision from New York's highest court determining that New York City fees for converting artist lofts into residential units are legally enforceable.

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EMPLOYMENT & BENEFITS

Laid-Off Workers Can't Sue Amid Board Appeal, Feds Say

By MJ Koo

The federal government asked a Maryland federal court to throw out a suit brought by more than 300 former federal workers who say their agency layoffs were politically motivated, arguing the workers must pursue their claims through an administrative process before heading to court.

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Drug Tests Don't Trigger Weingarten Rights, NLRB Attys Say

By Emily Brill

Workers don't have the right to consult a union representative before taking an employer-mandated drug test, National Labor Relations Board prosecutors said, asking the board to rule that the so-called Weingarten right isn't available in the context of drug and alcohol testing.

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Feds' Mich. SNAP Records Fight Paused Pending Calif. Ruling

By Rae Ann Varona

A Michigan federal judge Tuesday paused the Trump administration's lawsuit that seeks to force Michigan into handing over certain Supplemental Nutrition Assistance Program applicant records, saying a California federal court overseeing the same "core legal issue" in a lawsuit filed by Michigan and other states should rule first.

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COMPETITION

Judge Rejects Updated AG Bid To Join RealPage Deal Talks

By Nate Beck

A Tennessee federal judge said he would consider objections from state attorneys general to terms of a possible settlement in multidistrict litigation over alleged price-fixing enabled by RealPage software, despite rejecting a renewed move by the states to intervene in the negotiations.

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CYBERSECURITY & PRIVACY

High Court Won't Review Student's Suit Over Phone Search

By Mike Curley

The U.S. Supreme Court on Tuesday denied certiorari to a teenager who alleges his constitutional rights were violated when his school principal searched his phone on suspicion that he had nude photos of another student.

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GOP Texts Not Intrusive Enough For Privacy Suit

By Aneeta Mathur-Ashton

A Pennsylvania federal judge has permanently tossed a man's proposed class action accusing the National Republican Congressional Committee of spamming him with texts asking for donations, saying he could have taken several FCC-approved steps to stop them himself.

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CONSUMER PROTECTION

Justices Won't Review Ohio's Out-Of-State Wine Sales Law

By Matthew Perlman

The U.S. Supreme Court refused on Tuesday to review a Sixth Circuit ruling that found Ohio's law banning the shipment of wine to consumers in the state by out-of-state retailers is unconstitutional.

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NYC Pushes Back On Bid To Block Municipal Grocery Stores

By Matthew Perlman

The New York City government urged a federal court not to block plans to open city-owned grocery stores in each of the five boroughs, saying the program is needed to combat hunger as New Yorkers face high inflation and cuts to federal nutrition assistance.

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PERSONAL INJURY & MEDICAL MALPRACTICE

GKN Isn't Covered For Toxic Chemical Emergency, Court Told

By Danielle Ferguson

A Chubb unit told a Texas federal court Tuesday that a pollution exclusion bars coverage to GKN Aerospace Transparency Systems Inc. for underlying lawsuits and a civil investigation stemming from the overheating of a storage tank in California that led to toxic emissions and the evacuation of thousands of residents.  

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AEROSPACE & DEFENSE

DOD, SBA Ink Small Biz. Industrial Base Agreement

By Ganesh Setty

The U.S. Small Business Administration said it has inked a new deal with the U.S. Department of Defense that will help small businesses operating within the defense industrial base to access additional capital.

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INTERNATIONAL TRADE

Trade Court Backs Commerce On Solar Module Duty Scope

By Dylan Moroses

The U.S. Department of Commerce properly determined an importer's solar-powered charging modules should be subject to countervailing and antidumping duties on Chinese solar cell products, according to an opinion published Tuesday by the U.S. Court of International Trade.

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TAX

IRS Worker Claims Defamation By Tribal Tax Credit Promoter

By Zak Kostro

An energy company accused of selling fraudulent tax shelters marketed as tribal tax credits retaliated against an IRS employee after she flagged the company's promotion of the credits, engaging in a defamatory campaign to discredit her and interfering with her employment, she told a D.C. Superior Court.

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IMMIGRATION

DHS Finalizes Rule Ending Automatic Work Permit Extensions

By Britain Eakin

The U.S. Department of Homeland Security on Tuesday finalized a rule ending automatic extensions for individuals with expiring work permits who have filed renewal applications, rejecting public feedback that it will cause noncitizens to lose work authorization.

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DHS Cuts Refugees' Time To Fight Termination To 10 Days

By Elaine Briseño

The U.S. Department of Homeland Security on Tuesday announced an interim final rule that shrinks the window refugees have to contest termination of their status from 30 to 10 days, arguing the shift will help combat national security risks.

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ICE Hit With Class Action Over Detainees' Seized Property

By Jared Foretek

Former ICE detainees are accusing the agency in a new class action of routinely keeping passports, work permits, driver's licenses and other belongings seized in detentions long after their owners have been released, alleging that the "de facto policy" has cost jobs, housing and the ability to move freely.

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Feds Propose More Scrutiny For Visa Extension Petitions

By Tom Lotshaw

U.S. Citizenship and Immigration Services said it wants to eliminate a regulation that directed it to give deference to previous eligibility determinations for nonimmigrant foreign workers when it considers petitions to extend their authorizations.

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San Antonio Sues To Block New ICE Detention Center

By Isaac Monterose

The city of San Antonio sued the U.S. Department of Homeland Security and its U.S. Immigration and Customs Enforcement agency Tuesday to stop the government from going forward with its "unlawful" plans to convert a 639,595-square-foot commercial warehouse into a 1,500-bed immigration detention facility.

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WHITE COLLAR

Indicted Ex-Housing Boss Pleads 5th In Bond Fracas

By Brian Steele

The indicted former leader of two Connecticut housing authorities invoked his Fifth Amendment right against self-incrimination Tuesday during a civil hearing in state court that sought to bar him from using his home to secure a $500,000 federal appearance bond.

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TELECOMMUNICATIONS

FCC OKs 14 More 'Rip And Replace' Extensions

By Aneeta Mathur-Ashton

The Federal Communications Commission has granted petitions from 14 telecommunications companies asking for extensions to finish projects to "rip and replace" foreign-produced network equipment the agency deems untrustworthy.

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Cruz Contends E-Rate Costs Inflated By Consulting Fees

By Christopher Cole

Sen. Ted Cruz, R-Texas, issued a report Tuesday claiming the E-Rate program's costs have ballooned over time due to layers of bureaucracy and outside consulting work for local organizations that use the federal broadband subsidy.

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CANNABIS

Justices Decline Review Of Gun Ban For Cannabis Felony

By Parker Quinlan

The U.S. Supreme Court on Tuesday declined to review whether a Tenth Circuit ban on gun ownership for people convicted of nonviolent felony offenses conflicts with the high court's ruling earlier this year striking down gun regulations for drug users.

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EXPERT ANALYSIS

Mo. Official's Indictment Tests Limits Of Federal Bribery Laws

The recent bribery charges filed against a Missouri county executive raise questions about whether field-clearing conversations and job offers between rival candidates can rise to the level of illegal quid pro quos, potentially muddying the line between politics as usual and the federal bribery statutes, say attorneys at ArentFox Schiff.

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Bank Regulators' New Risk Guidance Offers More Flexibility

Newly proposed interagency guidance on banks’ third-party risk management would shift rigid compliance frameworks to a principles-based, risk-proportionate approach, potentially creating new opportunities for bank-fintech partnerships and giving smaller institutions a clearer path to innovation, say attorneys at Davis Wright.

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What To Know As State 'Neural Data' Privacy Laws Emerge

Attorneys at Goodwin discuss new state laws aimed at regulating consumer data generated from nervous system activity, explain why neurotechnology is attracting state and federal legislators’ attention, and highlight the compliance obligations that industry players should address now.

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NY Severance Rules Persist Despite McLaren Macomb Threat

Despite recent calls to overturn the National Labor Relations Board's decision in McLaren Macomb, New York's robust regulation will remain intact, limiting practitioners' ability to offer nonsupervisory employees severance agreements with confidentiality and nondisclosure provisions, says Matthew Berman at Valli Kane.

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Battles Over Murky Mineral Rights Stymie Pa. Energy Projects

Legal wrangling over a recently passed Pennsylvania law could affect billions of dollars of mineral royalty payments, the status of subsurface property rights in the state and the ability of the Legislature to pass retroactive legislation that affects those rights, say attorneys at Flaster Greenberg.

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LEGAL INDUSTRY

Watchdog Wants Probe Of Trump Press Secretary's Atty Claim

By Jack Karp

A nonprofit government watchdog on Wednesday asked the State Bar of California to investigate whether the new White House press secretary has claimed to be an attorney without being licensed to practice law.

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Ex-BigLaw Atty Wants Firm Docs For Insider Trading Defense

By Carolyn Muyskens

A former BigLaw associate accused of insider trading is seeking records from ex-employers Sidley Austin LLP, Latham & Watkins LLP and Goodwin Procter LLP to help fight charges that he tipped others about nonpublic deals the firms were working on.

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Quinn Emanuel Seeks Arbitration Of $1.7M Fee Dispute

By Caroline Simson

Quinn Emanuel Urquhart & Sullivan LLP is urging a California federal court to order an entrepreneur to arbitrate malpractice claims stemming from the firm's representation of her in a sexual harassment claim against a technology investor as it seeks to collect more than $1.7 million in unpaid fees.

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Baker Botts Atty Seeks $3.4M In Fees After Defamation Suit

By Madison Arnold

A Baker Botts LLP patent attorney has moved for almost $3.4 million in attorney fees and expenses in a defamation suit an inventor brought against her that was dismissed.

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Fox Rothschild Beats Daycare's Malicious Prosecution Suit

By George Woolston

A New Jersey state court dismissed an adult daycare company's suit against Fox Rothschild LLP and one of its attorneys related to their prosecution of a fraudulent loan lawsuit that led to a $65,000 sanction against the firm, according to a court order.

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DLA Piper Accused Of Malpractice In Investor's Soccer Deals

By Bonnie Eslinger

American businessman John Textor has filed a legal malpractice suit in Florida against DLA Piper over the firm's representation in connection with an investment vehicle he created to acquire soccer clubs in the United Kingdom and other countries, claiming his damages could exceed hundreds of millions of dollars.

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LAW FIRMS IN TODAY'S NEWS

Adams & Reese

Allen Matkins

Archie Lamb & Associates

ArentFox Schiff

Armstrong Teasdale

Avyno Law

Bailey & Glasser

Baker & Hostetler

Baker Botts

Baker Donelson

Barrack Rodos

Barrett & Farahany

Bell Nunnally

Bernkopf Goodman

Blank Rome

BoiesBattin

Bradley Arant

Cafferty Clobes

Carney Badley

Clark Hill

Cleary Gottlieb

Clement & Murphy

Cohen Milstein

Consumer Law Group

Cotchett Pitre

Cozen O'Connor

Criden & Love

Crowell & Moring

DLA Piper

Davis Polk

Davis Wright Tremaine

DiCello Levitt

Dickie McCamey

Dimond Kaplan

Dynamis LLP

Edelson PC

Eiseman Levine

Enenstein Pham

Flaster Greenberg

Fox Rothschild

Franco Environmental Law

Frazer PLC

Gallagher Evelius

Gallivan White

Gibson Dunn

Goodwin Procter

Gordon Rees

Grunfeld Desiderio

Gustafson Gluek

Hagens Berman

Hall Estill

Hartley LLP

Hausfeld LLP

Haynes Boone

Herzfeld Suetholz

Holtzman Vogel

Hughes Hubbard

Israel David LLC

K&L Gates

Kaplan Kirsch

Kilpatrick Townsend

Kirkland & Ellis

Korein Tillery

Kozyak Tropin

Latham & Watkins

Law Office of Ryan J. Villa

Levin Sedran

Lewin & Lewin

Lieff Cabraser

Lockridge Grindal

Loughlin Law PC

Lowell & Associates

Lowey Dannenberg

Lundy Beldecos

Martin G. Weinberg PC

Mayer Brown

McCarter & English

McDonald Hopkins

McGuireWoods

Metaverse Law

Morgan Lewis

Nason Yeager

Norton Rose

O'Melveny & Myers

Ogletree Deakins

Orrick Herrington

Parker Daniels Kibort

Peifer Hanson

Peiffer Wolf

Pender & Coward

Proskauer Rose

Pullman & Comley

Quinn Emanuel

Reid & Riege

Reinhardt Wendorf

Robins Kaplan

Rose Kallor

SML Avvocati

Salahi PC

Schneider Wallace

Scott&Scott

Sherrard Roe

Shook Hardy

Shuman Glenn

Sidley Austin

Simmons Sweeney

Sims Funk

Skadden Arps

Smith Krivoshey

Spears Manning

Spector Roseman

Spragens Law

Steckler Wayne

Stranch Jennings

Strauss Borrelli

Sullivan & Cromwell

Terrell Marshall

Thurman Legal

Valli Kane

Wachtell Lipton

Weil Gotshal

Wexler Boley

Wilkinson Stekloff

Williams & Connolly

Willkie Farr

Winston Taylor

Woodrow & Peluso

Zimmerman Reed

COMPANIES IN TODAY'S NEWS

Actelion Ltd.

Alliance Defending Freedom

Amazon.com Inc.

America First Policy Institute

American Civil Liberties Union

American Fuel & Petrochemical Manufacturers

American Medical Association Inc.

Ameris Bancorp

Anadarko Petroleum Corp.

Ares Management Corp.

BH Management Services LLC

Baylor University

Burke Inc.

Cable News Network Inc.

Camden Property Trust

Cato Institute

Center for Biological Diversity Inc.

Citizens for Responsibility & Ethics in Washington

Cottrell Inc.

Democracy Forward Foundation

Duquesne Light Co.

EQT Corp.

Equity Residential

Food & Water Watch

GKN PLC

GameChange Solar LP

GardaWorld Federal Services LLC

GardaWorld Security Corp.

HPC Industrial

Highmark Residential LLC

International Finance Corp.

International Game Technology PLC

International Refugee Assistance Project

Johnson & Johnson

LinkedIn Corp.

Meta Platforms Inc.

Mid America Apartment Communities Inc.

National Republican Congressional Committee

National Rifle Association of America

New York City Economic Development Corp.

Norfolk Southern Corp.

Occidental Petroleum Corp.

Olympus Energy LLC

Pacific Legal Foundation

Paramount Global

Permira

Point Broadband LLC

RealPage Inc.

Shamrock Foods Co.

Southwest Bancorp, Inc.

St. Johns River Water Management District

Starbucks Corp.

State Bar of California

State Bar of Michigan

The Bozzuto Group Inc.

The Florida Bar

Union Telephone Co.

United Auto Workers

Universal Service Administrative Co.

Viaero Wireless

Vineyard Wind LLC

eBay Inc.

iRobot Corporation

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Ocean Energy Management

City of New York

Colorado Attorney General's Office

Colorado Department of Public Health and Environment

Commodity Futures Trading Commission

Equal Employment Opportunity Commission

Executive Office of the President

Federal Bureau of Investigation

Federal Communications Commission

Federal Deposit Insurance Corp.

Federal Reserve System

Federal Trade Commission

Internal Revenue Service

Michigan Department of Health and Human Services

National Capital Planning Commission

National Credit Union Administration

National Labor Relations Board

National Park Service

New Mexico Attorney General's Office

New Mexico Department of Justice

New York Department of Financial Services

Office of the Comptroller of the Currency

Ohio Attorney General's Office

Pennsylvania Public Utility Commission

Pennsylvania Supreme Court

Small Business Administration

U.S. Attorney's Office

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of Massachusetts

U.S. Citizenship and Immigration Services

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Agriculture

U.S. Department of Commerce

U.S. Department of Defense

U.S. Department of Education

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of State

U.S. Department of the Interior

U.S. Department of the Treasury

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Maryland

U.S. District Court for the District of Massachusetts

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Middle District of Tennessee

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Michigan

U.S. District Court for the Western District of Missouri

U.S. District Court for the Western District of Texas

U.S. General Services Administration

U.S. Immigration and Customs Enforcement

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the Northern District of Ohio

World Bank Group