Public Policy

  • March 20, 2026

    DOJ Rebuked Over Lack Of Candor For 'Imperious Client'

    A Florida federal judge has rebuked government attorneys for failing to be up-front about legal authority that contradicts their position in a habeas case, warning them not to let their "imperious client" get between them and their ethical obligations.

  • March 20, 2026

    Law Firm Trying To 'Overthrow' Ill. City's Counsel, Suit Says

    A Chicago suburb has sued the law firm Odelson Murphey Frazier & McGrath in Illinois state court, asking a Cook County judge to block its involvement in a federal lawsuit brought by a former city employee accusing the mayor of extortion and retaliation and in a dispute involving the Teamsters at the Illinois Labor Relations Board.

  • March 20, 2026

    White House Pushes Congress To Override State AI Laws

    The White House directed Congress to preempt "burdensome" state laws on artificial intelligence in a legislative framework released Friday.

  • March 20, 2026

    Court Indicates Dormant Commerce Applies To Adult-Use Pot

    A Rhode Island federal judge said Friday she was compelled to find that the U.S. Constitution's dormant commerce clause applied to federally unlawful recreational marijuana in a case challenging the state's plan for awarding retail cannabis licenses.

  • March 20, 2026

    US, Japan Agree To Develop Critical Mineral Trade Plan

    The U.S. and Japan have committed to working together to develop trade policies related to protecting supply chains of critical minerals and their downstream industries, U.S. Trade Representative Jamieson Greer announced.

  • March 20, 2026

    Schools Back Delay Of Hasty Trump Admissions Data Demand

    A Trump administration demand for years of college admissions data on race and sex, with just a few months' notice, has "created a perfect storm" for schools scrambling to comply, a coalition of academic organizations has told a Massachusetts federal judge in support of a bid to delay implementation of the new survey.

  • March 20, 2026

    NJ, Town Sue DHS To Stop Planned ICE Facility At Warehouse

    New Jersey and the Township of Roxbury sued U.S. Immigration and Customs Enforcement and the U.S. Department of Homeland Security on Friday, alleging the federal government unlawfully moved to convert a vacant warehouse into a massive immigration detention center while ignoring environmental law, local infrastructure limits and mandatory consultation requirements.

  • March 19, 2026

    Trump Admin. Hit With Class Action For Ending Yemen TPS

    Yemeni nationals who received temporary deportation protections in the U.S. due to an ongoing armed conflict in Yemen lodged a putative class action on Thursday in New York federal court to block the Trump administration's termination of their humanitarian relief.

  • March 19, 2026

    Ford, NJ Town Ink $3.4M Deal To Conclude Landfill Cleanup

    Ford Motor Co. and a New Jersey town have inked a $3.4 million deal with state and federal environmental regulators to conclude the remediation of a former iron mine that was later used as a landfill, according to filings Thursday in New Jersey federal court.

  • March 19, 2026

    Consumers' Research Objects To Latest FCC Fees

    The conservative group that sued the Federal Communications Commission to have the Universal Service Fund declared unlawful wants the agency to set the percentage that phone companies have to contribute next quarter at zero, arguing that the program is not legal.

  • March 19, 2026

    Amazon Unlawfully Taxes Exempt Baby Items In Fla., Suit Says

    Two Florida shoppers filed a proposed class action Thursday in Washington federal court accusing Amazon.com Inc. of overcharging customers by collecting sales tax on items that are supposed to be tax-free under Florida law, such as cribs, strollers, diapers and other products for toddlers and babies.

  • March 19, 2026

    HHS Can't Block Trans Care Under Kennedy Edict, Court Says

    A coalition of 21 states and the District of Columbia prevailed on Thursday in their challenge to a Trump administration move to cut access to gender-affirming care for minors when an Oregon federal judge agreed to void a policy statement from Health and Human Services Secretary Robert F. Kennedy Jr.

  • March 19, 2026

    Wash. Outlaws Face Coverings On ICE Agents, Other Officers

    Washington Gov. Bob Ferguson signed a pair of bills on Thursday, one banning U.S. Immigration and Customs Enforcement agents and other law enforcement officers from hiding their faces with masks, and another prohibiting impersonators from misusing badges and insignia.

  • March 19, 2026

    Courts Must Hold Anti-SLAPP Dismissal Hearings, Panel Rules

    A district court must hold a hearing when considering a special motion to dismiss under Colorado's anti-SLAPP law, the Colorado Court of Appeals held Thursday for the first time in sending a defamation lawsuit between parents back to the lower court.

  • March 19, 2026

    Ex-Judges Say Anthropic Case Doesn't Merit Court Deference

    Nearly 150 former judges are backing Anthropic's fight against its designation as a "supply chain risk" by the U.S. Department of Defense, telling the D.C. Circuit in an amicus brief that the judiciary shouldn't simply defer to the executive just because it invokes national security.

  • March 19, 2026

    FTC Head Touts Consumer Protection's 'Relative Simplicity'

    Federal Trade Commission Chairman Andrew Ferguson on Thursday promised to keep increasing the agency's focus on consumer protection, asserting in Washington, D.C., remarks that while antitrust enforcement remains a priority, consumer protection cases can come with faster and more meaningful relief for Americans.

  • March 19, 2026

    DOJ Antitrust Head Tells Staff: Don't Worry About Criticism

    The acting head of the U.S. Department of Justice Antitrust Division said Thursday that he pays no heed to criticism of the agency and tells staff to do the same, while asserting in Washington, D.C., remarks that there's no better time to come work for the DOJ.

  • March 19, 2026

    SEC Sued Over Proxy Exclusion Policy Change

    The U.S. Securities and Exchange Commission violated the Administrative Procedure Act by implementing "a new, de facto rubber-stamp process" for companies to exclude shareholder proposals from their annual proxy ballots, according to a Thursday suit filed by major shareholder groups.

  • March 19, 2026

    States Join Push To Revive EPA Climate Danger Finding

    A coalition of state and local governments on Thursday became the latest group to ask that the D.C. Circuit overrule the U.S. Environmental Protection Agency's rescission last month of its long-held position on the danger greenhouse gases pose to public health.

  • March 19, 2026

    MLB Deals With Polymarket, CFTC For Sports Market 'Integrity'

    Major League Baseball said Thursday that it has struck an exclusive licensing deal with Polymarket to bolster the brand and promote the "integrity" of the baseball-focused prediction markets on the platform, and separately reached a first-of-its-kind information-sharing agreement with the U.S. Commodity Futures Trading Commission.

  • March 19, 2026

    Fed. Circ. Rejects Last Challenge To Squires' Discretion

    The Federal Circuit on Thursday shot down Volkswagen's mandamus petition claiming that the U.S. Patent and Trademark Office director shouldn't have "unfettered discretion" to deny Patent Trial and Appeal Board challenges, closing the last of 14 related appeals.

  • March 19, 2026

    NYC, State Take On Latest Challenge To Rent Regulations

    New York and New York City separately urged a federal court this week to dismiss landlords' latest attempt to challenge 2019 changes to the state's rent stabilization laws, alleging the landlords' takings claims aren't ripe because they haven't made use of a hardship exemption yet.

  • March 19, 2026

    Colo. Appeals Court Clarifies, Limits Insurer Defense Rule

    An insurer is not required to provide a defense for an insured on claims "arguably" covered by the policy in the context of title insurance, the Colorado Court of Appeals held Thursday for the first time in ruling for an insurer in an insurance coverage dispute.

  • March 19, 2026

    USPTO Requires US-Registered Attys For Foreign Patent Apps

    The U.S. Patent and Trademark Office on Thursday finalized a rule requiring that foreign patent applicants and owners be represented by attorneys registered with the agency, saying other intellectual property offices have such a policy and arguing that the measure will help combat fraud.

  • March 19, 2026

    Senate Panel To Vote On Satellite Security Bills Next Week

    U.S. senators next week will consider sending to the floor two bills designed to beef up satellite security, one of which had already gained bipartisan backing in the U.S. House of Representatives during the last Congress.

Expert Analysis

  • Aerospace And Defense Law: Trends To Follow In 2026

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    Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.

  • Aviation Watch: Busy Skies, Tough Market For Airlines In 2026

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    After a turbulent year in the U.S. commercial aviation sector, demand for air travel and premium service shows no signs of slackening in 2026, with airlines facing the need to compete in a saturated market, while seeking opportunities for consolidation and pursuing other avenues to profitability, says Alan Hoffman, a retired attorney and aviation expert.

  • Viewing The Merger Landscape Through An HPE-Juniper Lens

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    If considerations beyond antitrust law were taken into account to determine whether Section 7 of the Clayton Act was violated in the Hewlett Packard Enterprise-Juniper Networks deal, then legal practitioners advocating deal clearance may now have to argue that deals should be justified by considerations not set forth in the merger guidelines, says Matthew Cantor of Shinder Cantor.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • Patent Eligibility Faces Widening Gap Between USPTO, Courts

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    The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

  • Keys To Effective Mental Health Mitigation In Sentencing

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    Instead of framing a defendant's mental health diagnoses as generalized grounds for leniency during sentencing, defense counsel should present them as objective clinical data that directly informs the risk assessment and rehabilitative questions judges are statutorily required to consider, say Joseph De Gregorio at JN Advisor and Richard Levitt at Levitt & Kaizer.

  • Key Policy Moves Are Powering Nuclear Growth

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    The past year has seen a shift toward strong federal support for new nuclear power generation, and both recent and anticipated policy developments are likely to encourage progress toward that goal — but making sure that this momentum continues may be the hard part, say attorneys at Balch & Bingham.

  • Rescheduling Cannabis Marks New Tax Era For Operators

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    As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • OCC Rulemaking May Clear Haze Around Trust Banks' Scope

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    A recent Office of the Comptroller of the Currency proposal at last eliminates uncertainty around whether national trust banks can engage in nonfiduciary activities, but it does not address which activities are permissible or whether a minimum amount of fiduciary activity is required, say attorneys at Davis Polk.

  • Expect Major Shifts In Patent And Trademark Policy This Year

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    New leadership and initiatives promise to bring consequential changes to the U.S. Patent and Trademark Office's practices in 2026, likely favoring patent allowance and issuance, as well as streamlining trademark processes, say attorneys at Knobbe Martens.

  • How FERC Is Shaping The Future Of Data Center Grid Use

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    Two recent orders from the Federal Energy Regulatory Commission affecting the PJM Interconnection and Southwest Power Pool regions offer the first glimpse into how FERC will address the challenges of balancing resource adequacy, grid reliability and fair cost allocation for expansions to accommodate artificial intelligence-driven data centers, say attorneys at Husch Blackwell.

  • Digital Assets May Be In For A Growth Spurt In 2026

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    All signs point to an acceleration in digital asset product and service innovation throughout 2026, and while questions of first impression still need to be addressed, some legal issues will be clarified, spurring developments namely on the tokenization and stablecoin fronts, say attorneys at Skadden.

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