Public Policy

  • January 22, 2026

    Supplement Cos. Challenge FDA Health Claim Denials

    A group of health supplement companies hit the U.S. Food and Drug Administration with a suit in D.C. federal court Wednesday alleging regulators wrongly denied them approval to make over 100 distinct claims concerning the health benefits of their products.

  • January 22, 2026

    Judge Recommends Toss Of Ex-Deputy's Political Firing Suit

    A Georgia federal judge has recommended tossing a former metropolitan Atlanta deputy sheriff's suit alleging he was forced to resign because he supported the sheriff's 2024 election opponent, while also urging sanctions against the deputy's attorney for citing nonexistent cases and misstating the law.

  • January 22, 2026

    Fla. Must Provide Everglades Detention Center Funding Docs

    A state judge on Thursday ordered the Florida Division of Emergency Management to fulfill a records request from an environmental group related to a federal grant that funded an immigration detention center in the Everglades.

  • January 22, 2026

    Judge Expands Block On Trump's Grant Restrictions

    A Washington federal judge agreed to broaden a preliminary injunction against the Trump administration over its political restrictions for using over $12 billion worth of federal grants, expanding the block to cover additional plaintiffs who were added to the suit.

  • January 22, 2026

    Feds Given More Time To Revisit School Grant Cancellations

    A Washington federal judge agreed Thursday to extend a deadline for the Trump administration to make fresh determinations as to 138 public school mental health grants that the court has found were illegally canceled, but admonished the federal government for previously understating how long those reassessments would take.   

  • January 22, 2026

    Trump Calls For Prosecution Of Jack Smith Post-Hearing

    Shortly after former special counsel Jack Smith gave his first public congressional testimony on the Trump cases, in which he warned the rule of law should not be taken for granted, President Donald Trump said he should be prosecuted.

  • January 22, 2026

    5th Circ. Appears Divided On President's Alien Enemies Power

    The full Fifth Circuit appeared divided Thursday on whether President Donald Trump can label any threat an "invasion" or "predatory incursion" under the 1798 Alien Enemies Act, with judges split between giving the president broad deference and those doubtful the courts have only a limited role.

  • January 22, 2026

    Meta Fights Late Data Request In Instagram Addiction Suit

    Meta Platforms has told a judge that Massachusetts' attorney general should not be allowed to fill what the company said are holes in the state's Instagram addiction lawsuit with a late subpoena for records from two of its own health agencies.

  • January 22, 2026

    Ill. Judge Dismisses Suit Over Federal Agents' Use Of Force

    An Illinois federal judge has allowed plaintiffs accusing immigration officials of using excessive force to voluntarily end their case, but first disbanded the class of media and peaceful protesters she'd certified late last year.

  • January 22, 2026

    Drugmakers May Dodge Disgorgement In States' Antitrust Suit

    A Connecticut federal judge probed the limits of his equitable powers Thursday in a sprawling generic drug antitrust enforcement action, expressing doubt that he could order the drugmaker defendants to hand over their profits while also awarding multiplied damages and imposing civil penalties.

  • January 22, 2026

    As Lawmakers Scrutinize Costs, Insurers Point To Hospitals

    Facing a barrage of questions from lawmakers on Capitol Hill about rising costs, the heads of the biggest health insurance companies in the U.S. sought to blame providers and other parts of a complex industry.

  • January 22, 2026

    FERC Commissioners Back Fed-State Push For PJM Changes

    The Federal Energy Regulatory Commission on Thursday backed plans from the Trump administration, state governors and PJM Interconnection to address escalating power prices amid data center-fueled increases in electricity demand, and encouraged the nation's largest grid operator to promptly submit policy proposals.

  • January 22, 2026

    Judge Severs Tax Charges From Ex-Rep's Foreign Agent Case

    A former Florida congressman will get to contest tax charges against him separately from a criminal indictment alleging he and a political consultant failed to register as foreign agents while lobbying on behalf of Venezuela's state oil company, a federal judge ruled.

  • January 22, 2026

    Digital Services Taxes May Give Leverage In US Trade Deals

    As President Donald Trump and his administration continue to negotiate with trading partners seeking to lower tariff rates, countries with digital services taxes could find those measures build some leverage with U.S. negotiators aiming to eliminate them. 

  • January 22, 2026

    UN Committee Floats Draft For Taxing Cross-Border Services

    Negotiators at the United Nations released a draft of potential cross-border measures that could eventually appear in a multilateral treaty to help countries tax the income of remote corporations that currently fall outside traditional taxation rules.

  • January 22, 2026

    USPTO Re-Ups Agreement With Major IP Offices Through 2029

    The U.S. Patent and Trademark Office has extended the Patent Prosecution Highway pilot program with four other intellectual property offices, which expedites review of patent applications that have been allowed in another country, for another three years.

  • January 22, 2026

    Md. Judge Keeps Ship Manager Liability Shield Bid Alive

    A Maryland federal judge on Thursday allowed the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge to press ahead, for now, with its request to invoke a nearly two-centuries-old maritime law to limit its liability for the 2024 wreck.

  • January 22, 2026

    Pa. Justices Say Judge's Partisan Posts Warrant Suspension

    Pennsylvania's highest court has adopted a balancing test for restricting a sitting judge's free speech outside the context of an election and, in doing so, affirmed the suspension of a state court judge who it said damaged the court's appearance of impartiality by making political posts on social media.

  • January 22, 2026

    AGs Target Investor Advocacy Group As 'Climate Cartel'

    A group of state attorneys general led by Florida Attorney General James Uthmeier issued a warning letter Wednesday to climate advocacy organization Ceres claiming concerns about violations of antitrust and consumer protection laws.

  • January 22, 2026

    Trump Sues JPMorgan For $5B Over Account Closures

    President Donald Trump on Thursday sued JPMorgan Chase in Florida state court for at least $5 billion in damages, alleging it unlawfully "debanked" him and an array of his business ventures shortly after the end of his first term.

  • January 22, 2026

    NCAA Tells 4th Circ. Appeal Of Eligibility Ruling Should Go On

    The NCAA has urged the Fourth Circuit to keep hearing its appeal of a preliminary injunction letting four West Virginia University football players compete in a season that is now over, arguing that similar challenges to its eligibility rules are inevitable.

  • January 22, 2026

    Washington Drops $9M Climate Fund Suit Against NOAA

    Washington state dropped its lawsuit against the U.S. Department of Commerce after a federal judge temporarily blocked the Trump administration from withholding more than $9 million meant to shore up the state's resiliency to climate change.

  • January 22, 2026

    EEOC Chair Decries 'Fearmongering' Amid Guidance Repeal

    The Republican members of the U.S. Equal Employment Opportunity Commission voted Thursday to retract comprehensive harassment guidelines issued during the Biden administration after the agency's chair panned warnings from Democrats and civil rights advocates that the move erodes key worker protections.

  • January 21, 2026

    NJ Justices Wrestle With Cases Complicated By ICE Custody

    The New Jersey Supreme Court wondered Wednesday how to manage case flow when detained or deported defendants are prevented by U.S. Immigration and Customs Enforcement from attending their proceedings, lamenting the difficult choice of options including letting matters languish, conducting criminal trials virtually or issuing bench warrants that could complicate immigration cases.

  • January 21, 2026

    Lawyer Testifies Goldstein Dodged $500K Poker Repayment

    A former employee at Thomas Goldstein's law firm recounted in court Wednesday that a U.S. Internal Revenue Service levy was placed on the SCOTUSblog founder's accounts, while a lawyer at another firm said Goldstein dodged repaying him for money invested in his poker-playing exploits.

Expert Analysis

  • Regulatory Uncertainty Ahead For Organ Transplant System

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    Pending court cases against a Centers for Medicare and Medicaid Services final rule that introduced a competition-centric model for assessing organ procurement organizations' performance will significantly influence the path forward for such organizations and transplant hospitals, say attorneys at Crowell & Moring.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • What Texas Can Learn From La. About CO2 Well Primacy

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    The U.S. Environmental Protection Agency's granting Texas primary authority over wells used to inject carbon dioxide into deep rock formations is a significant step forward for carbon capture and storage projects in the state — but Louisiana's experience after it was granted primacy offers a cautionary tale, say attorneys at Phelps Dunbar.

  • How Payments Law Landscape Will Evolve In 2026

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    After a year of change across the payments landscape, financial services providers should expect more innovation and the pushing of regulatory boundaries, but should stay mindful that state regulators and litigation will continue to challenge the status quo, say attorneys at Troutman.

  • Opinion

    It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs

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    The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.

  • Opportunities Amid The Challenges Of Trump's BIS Shake-Up

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    The Trump administration’s continuing overhaul of the Bureau of Industry and Security has created enormous practical challenges for export compliance, but it potentially also offers a once-in-a-generation opening to advocate for simplifying and rationalizing U.S. export controls, say attorneys at Gibson Dunn.

  • How SEC Civil Penalties Became Arbitrary: The Data

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    Data regarding how the U.S. Securities and Exchange Commission has adhered to its own civil penalty rules over the past 20 years reveals that awards are no longer determined in accordance with the guidelines imposed on the SEC by the securities laws, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills, but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

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    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

  • OCC's New Fee Clearance Shows Further Ease Around Crypto

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    The Office of the Comptroller of the Currency's recent holding that banks can use crypto-assets to pay certain blockchain network fees shows that the OCC is further warming to the idea that organizations are using new methods to do "the very old business of banking," say attorneys at Jones Day.

  • How SEC Civil Penalties Became Arbitrary: The Framework

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    An examination of how the U.S. Securities and Exchange Commission has recently applied guidelines governing the imposition of monetary penalties in enforcement actions shows that civil penalty awards in many cases are inconsistent with the rules established to structure them, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Opinion

    Faulty Legal Assumptions Obscure Police Self-Defense Law

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    As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.

  • Why 2026 Could Be A Bright Year For US Solar

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    2025 was a record-setting year for utility-scale solar power deployment in the U.S., a trend that shows no signs of abating, so the question for 2026 is whether permitting, interconnection, and state and federal policies will allow the industry to grow fast enough to meet demand, say attorneys at Beveridge & Diamond.

  • 2026 Int'l Arbitration Trends: Tariffs Drive Transformation

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    In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.

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