Public Policy

  • March 04, 2026

    Supreme Court Rejects NJ Immunity Defense In NY, Pa. Suits

    The U.S. Supreme Court ruled Wednesday that New Jersey cannot shield its public transit system from personal injury lawsuits by out-of-state plaintiffs under the doctrine of sovereign immunity.

  • March 03, 2026

    OCC Clears Faster Merger, Licensing Path For Smaller Banks

    The Office of the Comptroller of the Currency on Tuesday expanded fast-track merger review and licensing pathways for banks under $30 billion in assets, its latest move to advance the Trump administration's deregulatory push for so-called community banks.

  • March 03, 2026

    Trump Plan To Reopen Coal Plant Is Illegal, Wash. AG Says

    Washington state's attorney general and five environmental watchdogs are challenging the Trump administration's effort to reopen a decommissioned coal power plant in Chehalis, Washington, arguing that the U.S. Department of Energy lacks the authority to force the plant back into operation.

  • March 03, 2026

    Squires' Restrictions On Conflicts May Have Little Effect

    U.S. Patent and Trademark Office Director John Squires has barred patent examiners from evaluating ​applications for companies where they have any financial interest, rather than a former $15,000 cap, but attorneys raised concerns that the scope of his changes is small, and there are no consequences for not complying.

  • March 03, 2026

    EPA Fights Fluoridated Water IQ Risk Finding At 9th Circ.

    The U.S. Environmental Protection Agency urged the Ninth Circuit on Tuesday to reverse a ruling that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ, arguing that the trial judge improperly held his ruling in abeyance for years to await more scientific evidence.

  • March 03, 2026

    FCC Asks If Int'l Regulatory Barriers To Space Biz Are Fair

    The Federal Communications Commission is wondering if other countries are treating U.S. satellite companies with the same equality that the United States has shown to satellite entrants from other nations and whether the agency ought to do something to level the playing field.

  • March 03, 2026

    Split 9th Circ. Tells EPA To Review Cadmium's Species Impact

    The U.S. Environmental Protection Agency must analyze how its revised water quality standards for cadmium would affect endangered species, a split Ninth Circuit ruled Tuesday, upholding a conservation organization's victory in a lawsuit over the agency's guidance tripling the levels of the heavy metal allowed in U.S. waters.

  • March 03, 2026

    Tunnel Funding Freeze Fight Is In Wrong Court, 2nd Circ. Told

    New York and New Jersey's federal lawsuit challenging a freeze on Gateway Tunnel funding must be dismissed because it falls within the exclusive jurisdiction of the U.S. Court of Federal Claims, the U.S. Department of Transportation argued to the Second Circuit on Tuesday.

  • March 03, 2026

    New Whistleblower Program Adds 'Bit More Stick,' DOJ Says

    The U.S. Department of Justice Antitrust Division's new whistleblower rewards program partnership with the U.S. Postal Service doesn't displace the leniency program by which companies disclose potential price-fixing and other antitrust violations, a DOJ official said Tuesday in Washington, D.C., but it is an important complement.

  • March 03, 2026

    7th Circ. Expedites Bank Appeal Of Ill. Swipe-Fee Law

    The Seventh Circuit granted banking and credit union trade groups' bid to fast-track their appeal over the Illinois Interchange Fee Prohibition Act after they asked to schedule the case for a decision before the law banning swipe fees on tax and tip payments takes effect July 1.

  • March 03, 2026

    Dems Want Investigation Into DHS Location Data Buys

    Dozens of Democratic lawmakers on Tuesday asked a federal watchdog to investigate whether the U.S. Department of Homeland Security restarted a program to buy location data on Americans without warrants.

  • March 03, 2026

    XAI Presses Judge To Block California's AI Disclosure Law

    XAI has told a California federal judge that the state had fallen short of its obligations to inform the court and the company if it planned to institute any enforcement actions when responding to a court order, with xAI reiterating its request for the court to block a law that would require data used to train artificial intelligence be disclosed.

  • March 03, 2026

    Judge Says Accounts Of DOJ And FEMA 'Completely Different'

    A California federal judge overseeing a lawsuit by federal worker unions, local governments and nonprofits challenging Trump administration layoffs expressed deep frustration Tuesday after a U.S. Department of Justice attorney contradicted a senior Federal Emergency Management Agency official's sworn declaration in the case.

  • March 03, 2026

    Iran War Has Oil & Gas Dealmakers Holding Their Breath

    Oil and gas dealmakers are cautiously optimistic they can ride out any immediate energy market volatility caused by the U.S. and Israel-Iran war, but the potential for disrupted transactions will grow if the conflict drags on, or continues to provoke Middle East neighbors.

  • March 03, 2026

    Iridium Challenges 'Spectrum Hoarder' Ligado's SkyTerra Plan

    Iridium has urged the Federal Communications Commission to reject Ligado Networks' push for a carveout from licensing rules to allow AST to build a new satellite constellation in the L-band airwaves, saying it could interfere with other users.

  • March 03, 2026

    Fla. House Passes Land Use Bill With Local Preemptions

    The Florida House on Tuesday passed a bill weakening local government control over land use law with steps that its sponsor said are necessary to address a housing affordability crisis but that critics decried as a handout to developers.

  • March 03, 2026

    House OKs Effort To Ease Broadband Builds On Federal Land

    The U.S. House voted Tuesday to direct land management agencies to study how they can ease the process for allowing broadband infrastructure to run through public lands.

  • March 03, 2026

    Apple Asks 9th Circ. To Rethink Part Of App Store Injunction

    Apple asked the Ninth Circuit to reconsider part of a panel decision that largely affirmed an injunction in the case being brought by Epic Games Inc. that blocked the tech giant from charging developers "prohibitive" commissions on iPhone app purchases made outside its payment systems.

  • March 03, 2026

    Mass. Sheriff Must Face Pot Extortion Charges

    A federal judge on Tuesday denied a request by a Massachusetts sheriff to toss charges that he used his position to obtain pre-initial public offering shares in a cannabis dispensary and a refund when their value dropped.

  • March 03, 2026

    Ex-FDA Leaders Rebut Contraception Rollbacks At 3rd Circ.

    Former FDA commissioners argued that Trump-era religious exemptions for birth control coverage jeopardize public health and distort medical science, in an animus brief filed Monday with the Third Circuit.

  • March 03, 2026

    NC Town Must Face Firefighter's Retaliation, Free Speech Suit

    A former part-time fire chief who accused a North Carolina town of terminating him after he sought to improve firefighter pay and benefits can proceed with his retaliation lawsuit, as a North Carolina federal court said it's too early to know if his ex-employer is immune from the suit.

  • March 03, 2026

    Conn. Beats Challenge To Open Carry Ban, Handgun Limits

    Two gun owners and an Idaho-based nonprofit lack standing to sue a Connecticut prosecutor in an effort to invalidate the state's open carry ban and its three-per-month limitation on handgun purchases, a federal judge has ruled.

  • March 03, 2026

    Wash., Cities Say Pandemic Eviction Moratoria Suit Is Too Late

    Washington and a host of municipal governments throughout the state urged a federal court to toss landlords' suit challenging several pandemic-era eviction moratoria, arguing the claims are barred by a three-year statute of limitations.

  • March 03, 2026

    GOP Pushes For DHS Funding Amid War With Iran

    Republicans are putting pressure on Democrats to support funding for the U.S. Department of Homeland Security as the U.S. and Israel-Iran war continues.

  • March 03, 2026

    5th Circ. Unsure Grid Hookup Request Cap Hurts States

    A Fifth Circuit panel appeared skeptical that Louisiana and Mississippi utility regulators deserve an exemption from the cap on the number of electricity generation projects in a regional grid operator's interconnection request queue, asking Tuesday if any state had previously enjoyed a waiver.

Expert Analysis

  • Radiation Standard Shift Might Add Complications For Cos.

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    In keeping with the Trump administration's focus on nuclear energy, the U.S. Department of Energy recently announced that it will eliminate the "as low as reasonably achievable" radiation protection standard for agency practices and regulations — but it is far from clear that this change will benefit the nuclear power industry, say attorneys at K&L Gates.

  • Bipartisan Enforcement Is Rising In Consumer Finance

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    Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.

  • How Attorneys Can Navigate Shifts In Financing Landscape

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    Direct government investment in companies in strategic sectors is expected to continue this year, with legal practitioners facing increased demands to navigate hybrid capital structures, evolving regulatory considerations and the alignment of financing terms with long-term business and strategic objectives, say attorneys at Skadden.

  • A Primer On Law Enforcement Self-Defense Doctrine

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    In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.

  • Ramped Up Psychedelic Production Carries Opportunity, Risk

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    Kimberly Chew at Husch Blackwell discusses the key legal implications of the U.S. Drug Enforcement Administration's recent dramatic increases in the production quotas for a range of psychedelic substances, offering guidance on compliance, risk management and strategic opportunities for practitioners navigating this rapidly evolving landscape.

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • New Biotech Nat'l Security Controls May Have Blunted Impact

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    While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • Takeaways From The DOJ Fraud Section's 2025 Year In Review

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    Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.

  • New State Regs On PFAS In Products Complicate Compliance

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    The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.

  • Bid Protest Data Contradicts Claims That System Is Inefficient

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    Recently released data debunks the narrative that the federal procurement system is overwhelmed by excessive or meritless bid protests, revealing instead that the process is healthy and functioning as intended, says Joshua Duvall at Duvy Law.

  • Opinion

    Congress Should Lead On AI Policy, Not The States

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    There needs to be some limits on how far federal agencies go in regulating artificial intelligence systems, but Congress must not abdicate its responsibility and cede control over this interstate market to state and local officials, say Kevin Frazier at the University of Texas School of Law and Adam Thierer at the R Street Institute.

  • Breaking Down Expense Allocation In Mixed-Use Properties

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    Rapid increases in condominium fees and special assessments, driven by multiple factors such as rising insurance costs and expanded safety requirements, are contributing to increased litigation, so equitable expense allocation in mixed-use properties requires adherence to the governing documents, says Mike Walden at FTI Consulting.

  • Opinion

    Minn. Can Still Bring State Charges In Absence Of Fed Action

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    After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.

  • 4 Lessons From FTC's Successful Bid To Block Edwards Deal

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    The Federal Trade Commission's recent victory in blocking Edwards Lifesciences' acquisition of JenaValve offers key insights for deals in life sciences and beyond, including considerations around nonprice dimensions and clear skies provisions, say attorneys at Orrick.

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