Public Policy

  • May 18, 2026

    NYT Attacks Pentagon's Media Escort Policy In New Suit

    The New York Times filed a second lawsuit in D.C. federal court on Monday challenging the Department of Defense's interim policy requiring reporters to be accompanied by an official escort while on Pentagon premises, arguing that it revives vacated prohibitions on newsgathering that were already found to be unconstitutional.

  • May 18, 2026

    Native, Enviro Groups Challenge Calif. Oil Pipeline Waiver

    California's Department of Forestry and Fire Protection granted safety regulation waivers without proper review, allowing Sable Offshore Corp. to restart operations of a Santa Barbara oil pipeline system a decade after a catastrophic oil spill, environmental and Native American organizations said in a suit removed to federal court.

  • May 18, 2026

    Seattle YMCA Biased Against Workers Of Color, Suit Claims

    Three former YMCA of Greater Seattle employees sued the nonprofit in Washington state court Friday, claiming the organization's leadership "treated workers of color differently and more harshly than white employees with respect to discipline, leave use, scrutiny, and termination."

  • May 18, 2026

    Wyoming Prosecutor Confirmed Despite Misconduct Rebuke

    Just a few days ago, federal judges tossed nine criminal indictments after President Donald Trump's pick to lead the U.S. attorney's office of Wyoming was accused of prosecutorial misconduct. On Monday evening, he was confirmed to permanently lead the office.

  • May 18, 2026

    Aspiring Ga. Justices Flagged For Possible Ethics Violations

    A pair of plaintiffs attorneys running to unseat Republican-appointed justices on the Georgia Supreme Court in Tuesday's election may have violated state ethics rules, an oversight commission said Sunday in public statements after securing an Eleventh Circuit ruling.

  • May 18, 2026

    DOJ Charges Bring More Complications For Key Bridge Ship

    Recent federal criminal charges over Baltimore's Francis Scott Key Bridge disaster have created new risks for operators of the cargo ship at the center of the wreck, potentially upending a civil trial that's set to start next month to determine the scope of damages for victims' families and other injured claimants.

  • May 18, 2026

    Squires, Stewart Zero In On PTAB's Burden Of Proof At Panel

    The leaders of the U.S. Patent and Trademark Office on Monday asked intellectual property experts to wade into debates over the Patent Trial and Appeal Board, focusing in part on whether switching to a stricter burden of proof would address disparate outcomes between the board and district court.

  • May 18, 2026

    House Ag Leaders Urge Trump To Fill Bipartisan CFTC Seats

    Leaders of the House agriculture committee are jointly urging President Donald Trump to nominate bipartisan candidates to the U.S. Commodity Futures Trading Commission to serve alongside lone Republican Chairman Michael Selig.

  • May 18, 2026

    5th Circ. Revives Stabbing Victim's Suit Over Officer's Delay

    The Fifth Circuit, in a published opinion issued Monday, revived a civil lawsuit from a Texas woman claiming a federal probation officer did not take steps necessary to protect her from her ex-boyfriend who ultimately stabbed her, leaving her with near full-body paralysis.

  • May 18, 2026

    EPA, Flint Plaintiffs Clash Over Facts After Bellwether Trial

    Residents of Flint, Michigan, and the federal government have offered sharply different accounts of the U.S. Environmental Protection Agency's role in the city's water crisis in hundreds of pages of proposed findings submitted after a bellwether bench trial that lasted more than a month and ended in March. 

  • May 18, 2026

    Volvo Inks $197M Emissions Deal With Calif. Regulators

    Volvo Group North America has agreed to pay roughly $197 million to resolve allegations the automaker violated California's emissions and certification standards, according to an announcement made Monday by the California Air Resources Board.

  • May 18, 2026

    Online Directory Wrongfully Listed Cell Numbers, Suit Says

    An online directory operator published thousands of residents' cellphone numbers without their consent, exposing them to scams, harassment and identity theft, according to a proposed class action filed in Colorado state court Monday.

  • May 18, 2026

    Half The Nation's Bar Apps Could Remove Rape Questions

    By next year, it's possible that about half of U.S. jurisdictions will have amended character and fitness questions to avoid dredging up aspiring lawyers' sexual trauma. But while advocates hail the reforms as progress, concerns linger about the patchwork this could create across the country.

  • May 18, 2026

    DOD Says Chipmaker Belongs On Chinese Military List

    The U.S. Department of Defense has said it has "substantial" evidence to back labeling Yangtze Memory Technologies Co. a Chinese military company because its products have military applications, urging a D.C. federal judge to reject the chipmaker's lawsuit challenging the label.

  • May 18, 2026

    EPA Rejects Hawaii's Haze Plan, Keeping Oil-Fired Plants Open

    The Trump administration has rejected Hawaii's plan to comply with national emission standards to limit regional haze, repeating a novel argument that the closure of a fossil fuel-fired power plant as part of the plan appears to be unconstitutional.

  • May 18, 2026

    Feds Say TerrAscend Owes Back $8M Tax Refund

    Multistate cannabis operator TerrAscend erroneously received more than $8 million in tax refunds that should never have been issued because of a federal law that bars traffickers in controlled substances from taking business deductions, the U.S. government said in a new lawsuit.

  • May 18, 2026

    Feds Say BIA Ruling Doesn't Undercut Quick Removal Policies

    The Trump administration told the D.C. Circuit that a recent precedential Board of Immigration Appeals ruling interpreting the meaning of "arrival" and "arrived" should have no bearing on its policies seeking to increase the number of expedited removals.

  • May 18, 2026

    Exxon Tells 9th Circ. Calif.'s Plastic Suit Belongs In Fed. Court

    The state of California's claim that Exxon Mobil Corp. is responsible for plastic pollution belongs in federal court, the petroleum giant told a Ninth Circuit panel during a hearing on Monday, arguing that federal courts have admiralty jurisdiction because the litigation targets pollution in navigable waters, among other alleged injuries.

  • May 18, 2026

    Calif. AG Previews Live Nation Remedies At Democratic Forum

    California Attorney General Rob Bonta, one of the state attorneys general in a coalition of states that recently won a jury verdict finding Live Nation illegally established a monopoly over the live music industry, said Monday the next step is a structural overhaul of the conglomerate.

  • May 18, 2026

    AT&T Seeks FCC's OK To Change Covered Routers

    AT&T is asking the Federal Communications Commission to greenlight hardware changes to foreign-made routers, which the agency recently placed on the covered list, arguing the artificial intelligence boom has created a shortage that makes getting replacements difficult.

  • May 18, 2026

    Fla. Court Tosses Pricing Suit Against Textbook Publishers

    A Florida court tossed a qui tam action alleging that McGraw Hill and another educational publisher billed Sunshine State schools for educational materials at disparate costs in violation of the "best pricing" statute, ruling that the law only applies to interstate sales. 

  • May 18, 2026

    NC Says Open-Court Gun Review Didn't Prevent Fair Trial

    A North Carolina trial court did not violate state rules when it allowed jurors, at their request, to view in open court a weapon in connection with a case against a man accused of gun and drug charges, state lawyers have told the North Carolina Supreme Court.

  • May 18, 2026

    Ex-Detainees Say NC Sheriff Withholding Data In ECourts Row

    Counsel for a putative class of individuals who allege they were wrongfully arrested or detained due to glitches in the state's electronic court system told a North Carolina federal court during a Monday hearing that a county sheriff's office is delaying the release of its own records.

  • May 18, 2026

    Pa. High Court Snapshot: Wegmans, PennDot Top May Lineup

    The Pennsylvania Supreme Court's May session begins Tuesday with an argument whether the state's Department of Transportation can be sued over a tree branch that fell onto a state road, even though the tree itself was growing from Southeastern Pennsylvania Transportation Authority property.

  • May 18, 2026

    Debate Ramps Up Over Prison Cellphone Jamming

    Two GOP lawmakers say the Federal Communications Commission isn't moving fast enough to complete a rule that would effectively let state prisons and jails jam contraband cellphones, but industry pushback remains strong.

Expert Analysis

  • Ch. 11 Ruling Raises Bar For Avoiding Default Interest

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    Following a New York bankruptcy court's recent decision in 33 Mako, solvent debtors may find it significantly harder to avoid paying contractual default interest to oversecured lenders under Section 506(b) of the Bankruptcy Code, say attorneys at Benesch.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • What Jury Holdouts Can Teach Trial Lawyers About Strategy

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    Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

  • 'Mobile' Sources For On-Site Generation May Be A Risky Bet

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    The U.S. Environmental Protection Agency is considering treating large on-site generators used at data centers as mobile rather than stationary sources under the Clean Air Act, a significant policy change that would leave developers that adopt this solution at risk of regulatory reversals, say attorneys at Ballard Spahr.

  • AI Investment Advice May Fail Investor Protection Rules

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    Based on an ongoing study of artificial intelligence platforms' investment advice given to retail investors, direct access to AI may not yield recommendations for typical households that are suitable under relevant securities rules, raising new and important issues in the regulation of financial markets, says Bruce Carlin at Rice University.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • AG Watch: Reconciling 2 Maryland Data Privacy Statutes

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    In-house counsel should map the interplay between the Maryland Online Data Privacy Act's strictly necessary standard to deliver a requested service, and the Protection From Predatory Pricing Act's exemption of consent-based pricing within loyalty programs, before the state attorney general begins enforcement on the latter in October, says Erek Barron at Mintz.

  • EPA Listing Signals New Scrutiny Of Drugs In Drinking Water

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    The recent publication of the U.S. Environmental Protection Agency's latest draft drinking water contaminant list highlights pharmaceuticals as a category of concern, marking the start of a process that could shape future research priorities, monitoring requirements, and federal and state actions, say attorneys at Morgan Lewis.

  • New Cuba Sanctions Raise Risks For Foreign Banks, Cos.

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    President Donald Trump's bold move leveling secondary sanctions against Cuba expands enforcement risk for foreign banks and companies with no U.S. nexus, signaling that non-U.S. businesses should reassess related transactions, counterparties and exposure as regulators test this broader authority, say attorneys at Troutman.

  • SEC Clarifies 'Baby Shelf' Restrictions For Small Cos.

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    For smaller public companies looking to access the capital markets, the so-called baby shelf requirements can be a significant limitation, but recent guidance from the U.S. Securities and Exchange Commission helps to alleviate the effect of subsequent baby shelf restrictions on an at-the-market facility, say attorneys at Faegre Drinker.

  • Nexstar Offers A Cautionary Tale On State-Level Deal Scrutiny

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    State-enforcement challenges to the $6.2 billion Nexstar-Tegna merger remind legal practitioners that federal approval isn't always sufficient to deliver certainty on closing, integration and timetable assumptions, says Brett Story at Britehorn Securities.

  • How 'Bundling' Enforcement Is Parsing Efficiency, Access

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    Recent antitrust enforcement actions have taken a selective view of companies' bundling of products or services — challenging it when it shuts out rivals, but tolerating it when it creates efficient scale — making the real test now less about lower prices than about whether competition is being blocked, says attorney Alan Kusinitz.

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