Public Policy

  • August 25, 2026

    USPS Violated Block On Mail Ballot Rulemaking, Judge Says

    A Massachusetts federal judge who ordered the U.S. Postal Service earlier this month to stop work on a new rule restricting delivery of some mail-in ballots concluded Tuesday that the USPS flouted her pencils-down nationwide injunction by continuing to develop and promulgate the new rule.

  • August 25, 2026

    Even Dolly Could've Been Barred By Drag Ban, Judge Says

    On the same day the world lost Dolly Parton, a Texas federal judge invoked the iconic singer and philanthropist to again block a law widely seen as a ban on drag performances, saying it's so broad that her "big hair, flamboyant clothes and breast exposure" might run afoul of the measure.

  • August 25, 2026

    Md. Judge Trims Baltimore Bridge Wreck Damages Claims

    A Maryland federal judge has slashed claims from Baltimore, businesses and dockworkers seeking to recover millions in economic losses from the owner and operator of the container ship that slammed into the Francis Scott Key Bridge, saying the nearly century-old Robins Dry Dock rule bars many of their claims.

  • August 25, 2026

    Bid For FCC Preemption 'Dead On Arrival,' Minn. City Says

    A Minneapolis suburb called on the Federal Communications Commission to reject a broadband provider's request for FCC preemption in a local franchise dispute because of court rulings declaring that broadband does not qualify as a telecommunications service.

  • August 25, 2026

    Marijuana Rescheduling Critics Assail Government's Standard

    An attorney with the U.S. Drug Enforcement Administration told an administrative law judge that opponents to cannabis rescheduling could not use agency hearings to challenge federal health regulators' adoption of a new standard for assessing marijuana's medical use.

  • August 25, 2026

    Ed Dept. Must Turn Over Records In Mental Health Grants Row

    A Washington federal judge Monday partly granted a group of states' bid for expedited discovery in their suit over the Trump administration's attempt to cut nearly $1 billion in funding for K-12 mental health grants, finding the information could assist the court before a hearing for a preliminary injunction.

  • August 25, 2026

    Pharmacy Asks Court To Toss Novo Nordisk Semaglutide Suit

    A pharmacy asked a Texas federal judge to toss claims brought by Novo Nordisk Inc. accusing the pharmacy of illicitly compounding a lucrative weight-loss drug called semaglutide, saying Novo Nordisk's complaint amounts to a grievance list against the compounding industry.

  • August 25, 2026

    Missouri Drops Bid To Block Minority Contracting Program

    Missouri Attorney General Catherine L. Hanaway has withdrawn her attempt to block Kansas City's contracting program for minority- and women-owned businesses after the city passed an ordinance repealing the program.

  • August 25, 2026

    Texas Workers Lose Bid To Halt IRS Wage Withholding Rules

    Two workers aren't entitled to injunctive relief from IRS regulations that directed employers to overdeduct taxes from their employees' paychecks, a Texas federal court ruled, saying the pair's injury doesn't outweigh the harm that would result from enjoining the agency from enforcing wage withholding.

  • August 25, 2026

    CFTC, Kentucky Vie For Early Win In Prediction Market Clash

    The U.S. Commodity Futures Trading Commission and Kentucky regulators dueled over whether the state's attempts to tax and limit sports-focused event contracts have harmed the federal agency in competing bids for a quick win in their ongoing dispute over prediction market regulation.

  • August 25, 2026

    Calif. County Drops Pot Fines To End Landowners' Claims

    Humboldt County, California, has agreed to settle a lawsuit with a group of landowners who complained authorities overstepped their powers in an effort to punish allegedly illegal cannabis grow operations, following a Ninth Circuit ruling in 2025 against the county.

  • August 25, 2026

    Tribe, Enviros Challenge Ariz. Copper Project Over ESA Risks

    Arizona's San Carlos Apache Tribe and two conservation groups are seeking to block an exploratory copper mine drilling project in the Galiuro Mountains and Lower San Pedro Watershed, alleging that the federal government wrongly found there were no Mexican spotted owls in the area despite photographic evidence otherwise.

  • August 25, 2026

    Feds Say Ohio Court's Arrest Rule Hampers ICE Efforts

    The Trump administration on Tuesday accused an Ohio county's municipal court of impeding its immigration enforcement efforts, contending the court's rule barring civil arrests in its facilities runs afoul of the U.S. Constitution and Immigration and Nationality Act.

  • August 25, 2026

    Mich. Judge Tosses DOJ Suit Over County Immigration Policy

    A Michigan federal judge has dismissed the Trump administration's lawsuit challenging Washtenaw County policies limiting cooperation with federal immigration authorities, ruling that the federal government cannot compel local officials to help carry out its immigration enforcement. 

  • August 25, 2026

    City Of Austin Backs Improving Emergency Alert System

    The city of Austin, Texas, has asked the Federal Communications Commission to improve its geolocating requirements for emergency alert systems, saying its systems are facing several challenges and require more precise location information.

  • August 25, 2026

    9th Circ. Says Congress Kept NSA Report Outside FOIA

    A Ninth Circuit panel has affirmed the National Security Agency's decision to not grant a Freedom of Information Act request to release a nearly six-decade-old report on the sinking of the USS Liberty.

  • August 25, 2026

    6th Circ. Urged To Affirm Tobacco Fee Suit Toss

    A trade group representing large employee benefit plan administrators wrote in support of insurance giant Progressive at the Sixth Circuit, asking the appellate court to back dismissal of a proposed class action alleging the insurer wrongfully charged workers more for healthcare who used tobacco and refused COVID-19 vaccination. 

  • August 25, 2026

    New Birthright Citizenship Order Defies Justices, Court Told

    A group of noncitizens and immigrant services organizations urged a Maryland federal court Monday to block President Donald Trump's new executive order targeting birthright citizenship following his loss at the U.S. Supreme Court, saying he "cannot unilaterally amend the Constitution."

  • August 25, 2026

    DC Circ. Backs Red Snapper Management Plan

    A D.C. Circuit panel denied a petition from commercial fishers and fish purchasers challenging an annual federal catch limit for South Atlantic red snapper, rejecting their claim that the plan's lack of a limit on dead discards violates federal law and could lead to overfishing.

  • August 25, 2026

    Judge Orders Action On Frozen Immigration Applications

    A California federal judge ordered the Trump administration to process immigration applications from natives of countries subject to entry restrictions under President Donald Trump's travel ban, certifying a class of noncitizens whose filings were frozen under a related policy.

  • August 25, 2026

    Elite Schools Get 7th Circ. Appeal In Aid-Fixing Case

    The Seventh Circuit has agreed to allow several private universities accused of colluding to set financial aid offerings to appeal a ruling certifying a class of students over questions about an economic expert's testimony.

  • August 25, 2026

    Florida AG Slams Bar Complaint Against DHS Counsel

    Florida Attorney General James Uthmeier wrote to the executive director of the Florida Bar to criticize a recent complaint made to the bar against James Percival, general counsel of the U.S. Department of Homeland Security, for attacking judges.

  • August 25, 2026

    DC Circ. Says ESA Review Wasn't Needed For EPA Air Rule

    The D.C. Circuit on Tuesday affirmed the U.S. Environmental Protection Agency's determination that retaining existing air quality standards for nitrogen oxides and particulate matter would not affect animals or plants protected under the Endangered Species Act.

  • August 25, 2026

    Asbestos Firm Objects To Connecticut's New Suit Filing Plan

    A Connecticut plaintiffs firm specializing in mesothelioma litigation has asked a Superior Court administrative panel to reconsider a decision to move all asbestos cases to the Complex Litigation Docket in Hartford.

  • August 25, 2026

    NY Telecom Faces Call Traffic Blocking, FCC Warns

    A New York-based telecom has apparently been sending illegal calls from abroad over its network and faces the possibility of downstream providers blocking all of its traffic, the Federal Communications Commission said.

Expert Analysis

  • FTC Focus: Enforcing Vertically Integrated Operating Systems

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    As digital platforms increasingly pair operating systems with commerce, advertising, content and data, antitrust scrutiny will turn on whether those integrations create private bottlenecks that foreclose rivals through access, ranking, interoperability or defaults, pushing courts and enforcement agencies to adapt traditional utility and merger frameworks more aggressively, say attorneys at Proskauer.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • A Shift In How Policymakers Are Approaching PBM Regulation

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    Recent federal and state legislative and regulatory activity involving pharmacy benefit managers represent a change in focus from transparency to PBM compensation structures, vertical integration and competitive effects, say attorneys at Barclay Damon.

  • Workplace Menopause Laws Demand New HR Playbooks

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    A recent wave of state and local legislation that makes menopause an expressly protected condition in the workplace creates new compliance obligations amid an already ambiguous federal framework, and demands a workplace culture where employees feel safe asking for support, says Elliot Griffin at Ballard Spahr.

  • How State Actions Are Reshaping Surveillance Pricing Risk

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    Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Tips For Issuers Left In Lurch Without Genius Act Final Rules

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    The compliance runway envisioned by the Genius Act is steadily shrinking after regulators failed to finalize all the required implementing regulations by July 18, so stablecoin issuers should begin implementing "no-regrets" compliance measures and securing outside vendors before the law takes full effect in January, says David Zaslowsky at Baker McKenzie.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 3 Ways Tokenization Is Moving To Traditional Finance

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    Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • Opinion

    States Should Reconsider Forced PBM Divestiture Laws

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    State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

  • HSR Deals Proceed More Steadily Than Narratives Suggest

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    The most recent Hart-Scott-Rodino Act data show that transaction volume remained relatively stable, transaction values continued to increase and enforcement activity remained low, suggesting that enforcement rates have been relatively consistent across presidential administrations despite widely differing public rhetoric regarding merger enforcement, says Amanda Wait at Michael Best.

  • Assessing The Benefits Of Fla.'s Newest Business Structure

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    As of July 1, Florida business owners can create protected series LLCs to shield assets from liability while avoiding increased costs and wasted time, but burdensome recordkeeping obligations are crucial to maintaining the very protection that makes them attractive in the first place, says Gregory Ritter at Moritt Hock.

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