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Public Policy
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April 21, 2026
Justices Look Split In 7th Amendment Feud Over FCC Fines
Several U.S. Supreme Court justices seemed convinced Tuesday that Federal Communications Commission fines are nonbinding unless enforced and don't deprive alleged rule violators of the right to a jury trial, but some colleagues still questioned whether the parties sanctioned by the agency have a meaningful chance of facing a jury.
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April 21, 2026
7th Circ. Says Fed Laws Don't Preempt Wis. Vape Sale Ban
The Seventh Circuit declined Tuesday to revive vaping interest groups' bid to halt enforcement of a Wisconsin law banning sales of e-cigarettes that aren't approved by the U.S. Food and Drug Administration, finding federal law doesn't preempt the state's authority to regulate the marketing and sales of tobacco products.
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April 21, 2026
Copyright Head Touts 6,000 Registrations Of Human-AI Works
The U.S. Copyright Office has issued more than 6,000 registrations for works that incorporate artificial intelligence-generated materials and follow the agency's guidance for combined human-made and AI-created works, U.S. Copyright Office leader Shira Perlmutter said Tuesday.
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April 21, 2026
Fla. AG Backs Bal Harbour Shops Owner In Live Local Dispute
Florida's Office of the Attorney General has asked a state court for permission to file an amicus brief supporting developer Bal Harbour Shops LLC's suit against a municipality that rejected the developer's application for a mixed-use project that would have included homes, a hotel and a retail area.
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April 21, 2026
Arkansas' Second Attempt At Age Verification Law Blocked
Tech trade group NetChoice has won another battle in its war against age verification laws, convincing an Arkansas federal court to again block a state law that would restrict minors' ability to use social media.
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April 21, 2026
Congress Rallies More For Bills On Copyrights Than Patents
There have been more intellectual property bills floated in Congress that are supportive of copyright rights than patent rights, according to a new report looking at how lawmakers treat the IP system.
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April 21, 2026
US Lawmakers Float Path For Fintech Fed Accounts
Two federal lawmakers from California introduced a bipartisan bill on Tuesday that would create a path for nonbank fintechs to directly access the Federal Reserve's payment rails in the hopes of reducing bank fees and delays for consumers using payment apps.
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April 21, 2026
Board Says Opposition To Gangs Not Enough For Asylum
Disapproval of criminal gangs or opposition to them is not enough to establish a protected political opinion for asylum purposes, the Board of Immigration Appeals ruled on Tuesday, affirming an immigration judge's denial of an El Salvadoran woman's application.
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April 21, 2026
Feds Say Arctic Lease Sale For Oil Drilling Begins In June
The U.S. Department of the Interior's Bureau of Land Management has announced that it will hold an oil and gas lease sale on the 1.56-million-acre Coastal Plain of the Arctic National Wildlife Refuge, saying the bid opening for tracts will take place June 5.
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April 21, 2026
Watchdog Says Ex-Fla. Rep Used Straw Donors For Campaign
A Washington, D.C.-based watchdog organization accused former Florida Rep. Sheila Cherfilus-McCormick of improperly funding her 2022 reelection bid to the U.S. House of Representatives, saying she orchestrated a complex straw donor scheme to funnel $725,000 in Haitian "dark money" into her campaign.
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April 21, 2026
NM Couple Plead Guilty To Selling Vietnam Jewelry As Navajo
A New Mexico husband and wife have admitted in North Carolina federal court to importing counterfeit Native American jewelry from Vietnam and marketing it to U.S. buyers as genuine handmade Navajo pieces, according to federal prosecutors and court documents.
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April 21, 2026
Squires Hints At New 'Holistic' Decision On PTAB Discretion
U.S. Patent and Trademark Office Director John Squires previewed at a conference Tuesday an imminent "comprehensive decision" that will articulate current policy on discretionary factors that inform the viability of Patent Trial and Appeal Board challenges, saying he's seeking "predictability" for the PTAB.
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April 21, 2026
Bills Sinking 'Texas Two-Step' Ch. 11 Cases Reintroduced
Members of Congress have reintroduced bipartisan legislation meant to deter so-called Texas two-step Chapter 11s, a controversial maneuver companies have used to address mass tort liabilities in bankruptcy.
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April 21, 2026
Defendant Says Rx Software Was Guide For Docs, Not Fraud
A man accused of swindling Medicare out of nearly half a billion dollars was simply trying to make it easier for doctors to navigate labyrinthine Medicare regulations to get orthotic braces approved for their patients, his attorney told jurors in Florida federal court Tuesday.
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April 21, 2026
Pesticide Study Admin Says Ex-Worker's Suit Is A 'Do-Over'
Counsel for a former administrative adviser in a national pesticide safety study organization named in an ex-worker's wrongful firing lawsuit urged a North Carolina federal court Tuesday to dismiss the matter, arguing the adviser is immune from constitutional claims that have already been litigated elsewhere.
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April 21, 2026
Colo. Judge Narrowly Expands ICE Subpoena Block
A Colorado state judge narrowly expanded a June order that enjoined Colorado's governor from directing the state's Labor Department employees to respond to federal immigration enforcement subpoenas, ruling Tuesday that the order includes a March 13 subpoena by the U.S. Department of Homeland Security.
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April 21, 2026
Judge Backs Release Of Family Held After Colo. Protest Attack
A Texas federal magistrate judge has recommended that the wife and children of an Egyptian man accused of attacking pro-Israel demonstrators be released from immigration detention, finding that their more than 10-month detention has violated the family's due process rights.
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April 21, 2026
Feds Say Gov. Doesn't Control Immigration Center Conditions
Immigration officials said a California federal court should toss a proposed class action from inmates alleging intolerable living conditions in a Mojave Desert processing center because the plaintiffs have sued the wrong defendants.
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April 21, 2026
Colo. Republicans Say Late Ruling Forces Semi-Open Primary
The Colorado Republican Party has asked a federal judge to issue an emergency temporary restraining order allowing the party to ban unaffiliated voters from participating in its upcoming primary election after the court last month found a supermajority requirement to opt out of the primary was unconstitutional.
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April 21, 2026
11th Circ. Says Builders Can't Block Biden-Era Labor Mandate
An association of builders failed to show it would succeed on its claims challenging a Biden-era executive order requiring labor agreements for all federal contracts exceeding $35 million, the Eleventh Circuit ruled, affirming a federal court's decision rejecting the group's request for an injunction.
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April 21, 2026
House Panel Votes To Gut Corporate Transparency Act
A House finance committee advanced a bill Tuesday that would defang the Corporate Transparency Act by exempting all domestically owned companies from compliance, codifying a limitation already implemented by the U.S. Department of the Treasury.
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April 21, 2026
Feds Say Pot Foes Lack Standing To Stop CMS Hemp Program
Federal health regulators have told a D.C. federal judge that anti-pot advocates' attempt to block a program to ease access for Medicare beneficiaries to federally legal hemp products that have small amounts of THC was not bolstered by the addition of a pharmaceutical company as a co-plaintiff.
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April 21, 2026
Calif. Says City Skirted Duties After Tribal Remains Found At Site
California has accused a southern city in the state of failing to conduct further environmental review after Native American remains were discovered at a luxury home development site, saying the city improperly let certain construction activities continue.
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April 21, 2026
Suit Says DOJ Voter Data Checks Could Trigger Purges
Voting rights advocates sued the U.S. Department of Justice on Tuesday over its bid to acquire states' unredacted voter information to cross-check voter rolls against immigration databases, warning that the effort could enable purges of naturalized citizens who are eligible to vote.
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April 21, 2026
11th Circ. Mulls Septic Permit Ban In Fla. Manatee Dispute
The Eleventh Circuit on Tuesday considered vacating an injunction requiring Florida environmental regulators to temporarily stop issuing new septic tank permits over concerns for the well-being of manatees, with one judge appearing concerned that the ban didn't do enough to address pollution.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Crypto Trading App Statement Advances SEC's New Direction
While the U.S. Securities and Exchange Commission's staff statement from last week carving out an exemption from broker-dealer registration for crypto-trading apps isn't a formal or permanent rule, it's the clearest signal yet of a quickly emerging coherent regulatory framework for digital assets, says Stephen Aschettino at Fox Rothschild.
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How Cos. Can Prep For Conn. Data Privacy Amendments
Effective July 1, 2026, amendments to the Connecticut Data Privacy Act narrow the safe harbor for data used by banks, insurance companies and other financial services businesses, highlighting how state regulators plan to focus on how companies handle sensitive data and honor the data rights of the state's residents, say attorneys at Day Pitney.
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E-Discovery Quarterly: Recent Rulings On ESI Control
Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.
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Record Penalty Sets Stage For FinCEN Whistleblower Awards
The Financial Crimes Enforcement Network’s record $80 million penalty against Canaccord, together with the agency's recently proposed rule on whistleblower awards, signals an increasingly aggressive enforcement posture and illustrates the significant financial stakes associated with reporting violations, says Marlene Koury at Constantine Cannon.
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How Guidance Narrows Federal Telework Accommodations
A recent FAQ from the U.S. Equal Employment Opportunity Commission and the U.S. Office of Personnel Management offers agencies several ways to narrow telework as an accommodation for federal employees, including through in-office alternatives, revisiting prior approvals and substituting leave for situational telework, says Lori Kisch at Kalijarvi Chuzi.
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What GAO Report Reveals About CFPB Cutbacks
The U.S. Government Accountability Office's first report on the downsizing of the Consumer Financial Protection Bureau details an agency facing less funding and aggressive efforts to shrink its workforce and docket — suggesting that the bureau will face sharper choices about where to deploy staff and litigation resources, say attorneys at Troutman.
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Anticipating The Justices' Potential Ruling On Tax Takings
Recent oral arguments in the U.S. Supreme Court case Pung v. Isabella focused on rules for valuation, timing and administrability of tax auction proceeds and whichever method the court adopts for determining just compensation, it will have far-reaching impacts on tax collection, homeowners' equity and the secondary market for tax-foreclosed property, say attorneys at Holland & Knight.
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Calif. Truck Regs Now Require Multiple Compliance Strategies
California's various vehicle and truck emissions programs now move on different legal tracks, impose different obligations and create different business risks on different timelines — so companies that treat them as one package subject to a federal Clean Air Act waiver risk missing deadlines and mispricing contracts, says Thierry Montoya at FBT Gibbons.
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5 Welcome Changes To Texas' Summary Judgment Rule
Following recent amendments to the Texas rule for summary judgment motions, practitioners adjusting to the new framework will likely benefit from a more streamlined process that focuses attention on substantive legal arguments rather than procedural uncertainty, say attorneys at Hunton.
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7 Tips For Employers On Calif. Decision-Making Tech Rules
Over the next eight months, many California employers must prepare to comply with challenging new requirements under the California Consumer Privacy Act that constitute the most comprehensive set of rules in the country on the use of automated decision-making technology, say attorneys at Littler.
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Employer Considerations After FTC's Noncompete Warning
In light of Federal Trade Commission leadership's recent message that the agency remains committed to challenging noncompetes that operate as restraints of trade, employers should take several practical steps in order to reduce regulatory risk, including auditing existing agreements and narrowing restrictions, says Christopher Pickett at UB Greensfelder.
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How Banks Can React To Risks In FinCEN Whistleblower Rule
Financial institutions should reassess and, if necessary, strengthen existing policies, procedures and other frameworks related to whistleblowers and internal reporting in light of the Financial Crimes Enforcement Network's recent proposal to formalize a whistleblower award program, say attorneys at Arnold & Porter.
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2 Discovery Rulings Break With Heppner On AI Privilege Issue
While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.
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Adapting To The Shift Toward Ex Parte Patent Challenges
As recent U.S. Patent and Trademark Office developments shift the patent challenge landscape, challengers will need to reconsider long-held assumptions about forum selection for validity challenges, and patent owners should prepare to defend against more ex parte filings, say attorneys at Marshall Gerstein.
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Series
Isshin-Ryu Karate Makes Me A Better Lawyer
My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.