Public Policy

  • November 05, 2026

    DOJ Says Willow Bridge's RealPage Deal Needs No Tweaks

    The U.S. Department of Justice responded to commenters pushing for changes to the rent price-fixing settlement it reached with Willow Bridge Property Co. LLC, arguing there's no need to add a distinction in the deal between rent renewals and first-time leases.

  • November 05, 2026

    New Tech, Diluted Noncompetes Drive Up Trade Secret Cases

    Artificial intelligence tools are making it easier for employees to take off with valuable trade secrets when they switch employers, while noncompete agreements are becoming more difficult to enforce, a combination that is spurring an increase in trade secret cases, experts told Law360.

  • November 05, 2026

    Wash. To Pay $73K In Fees Under Pretrial-Exam-Delay Deal

    Washington state must pay plaintiffs' counsel roughly $73,000 in attorney fees and costs in a long-running case over its treatment of pretrial detainees in criminal proceedings, a Washington federal judge has ruled.

  • November 05, 2026

    Tower Asks For Waiver, Clarification Related To EchoStar Fund

    A commercial tower landlord has asked the Federal Communications Commission for clarification or a waiver of agency rules governing a trust that EchoStar must use to repay companies related to its bankruptcy case.

  • November 05, 2026

    Mo. Judge Tosses Hemp Co. Challenge To New State Law

    A Missouri federal judge has tossed a lawsuit brought by hemp companies challenging the state's new law regarding intoxicating hemp products, finding that the policy is neither unconstitutional nor preempted by federal law governing hemp.

  • November 05, 2026

    Bike Group Backs Injunction Blocking DC Golf Course Plan

    A bicyclist advocacy group urged a D.C. federal judge to keep the Trump administration from cutting down more trees or taking other steps to develop a championship-style golf course at East Potomac Park while litigation over the allegedly unlawful project proceeds.

  • November 05, 2026

    Feds Say Union, Groups Can't Stop Wash. Ballot Demands

    President Donald Trump's administration urged a Washington federal court not to block federal officials from asking the state to set aside ballots cast by suspected noncitizens, arguing that a union and two voter advocacy groups challenging the effort have not been harmed because the state has already declined the request.

  • November 05, 2026

    Racing Against Whistleblowers Could Cost Companies

    The U.S. Department of Justice's new cash rewards program for tips on criminal fraud threatens to ramp up the pressure on companies to hurry internal investigations and quickly report suspected misconduct to the government before whistleblowers do, which could backfire in some cases, according to experts.

  • November 05, 2026

    IRS Asks 10th Circ. To Uphold Taxes, Penalties On Ranchers

    The U.S. Tax Court properly ruled that an Oklahoma couple owe roughly $260,000 in taxes and penalties because their ranch wasn't operated for profit as they had asserted, the IRS told the Tenth Circuit, saying they lacked a profit motive to claim deductions for their expenses.

  • November 05, 2026

    Controversial DOJ Civil Rights Division Leader Steps Down

    Harmeet K. Dhillon, a U.S. Department of Justice official who instituted dramatic changes as leader of the Civil Rights Division, has stepped down from her role.

  • November 05, 2026

    Federal Workers Seek To Halt Gender-Affirming Benefits Ban

    Two federal employees urged a D.C. federal court to block President Donald Trump's administration from eliminating coverage for gender-affirming care from their 2027 health benefits, arguing thousands of people will be harmed unless the court steps in before open enrollment ends.

  • November 05, 2026

    FCC To Consult With Tribes On NHPA Rules Covering Telecom

    The Federal Communications Commission will soon be talking with tribal government leaders about potential changes to the FCC's approach to rules under the National Historic Preservation Act.

  • November 05, 2026

    Pa. AG Held Immune In Row Over Ex-Agent's Separation Deal

    A former narcotics agent for the Pennsylvania Office of the Attorney General can't sue his ex-employer for breaking his separation agreement because breached employment contracts don't fall under the exceptions to the office's sovereign immunity, a state appellate panel regretfully concluded Thursday.

  • November 05, 2026

    Hawaii Seeks Toss Of Trump Admin's Immigrant Tuition Suit

    Hawaii is urging a Hawaii federal court to dismiss a Trump administration lawsuit targeting its provision of in-state college tuition and associated benefits to noncitizens that out-of-state citizens do not qualify for, arguing that the federal statutes the administration relies on are unconstitutional.

  • November 05, 2026

    Canada, China OK 2-Year Preferential Trade Extension

    Canadian exports of peas, canola, lobsters and crabs will continue to benefit from an extended preferential market access deal with China, Canada's international trade minister has announced.

  • November 05, 2026

    Colo. City's Voters Approve $4K Tax On Vacant Homes

    Vacant residential properties in Boulder, Colorado, will be subject to an excise tax starting at $4,000 annually under a ballot measure the city said was approved by voters.

  • November 05, 2026

    Full 5th Circ. Won't Hear Challenge To Machine Gun Ban

    The Fifth Circuit has denied a petition for an en banc hearing of a challenge by a Texas shooting club to the federal ban on machine guns, with nine of the judges voting against the hearing and eight voting for.

  • November 05, 2026

    US Finalizes Duty Evasion Findings For Cambodian Hangers

    The U.S. Department of Commerce on Thursday finalized its findings that steel wire clothes hangers completed in Cambodia using components from China or Vietnam are circumventing duties on those products from the two countries.

  • November 05, 2026

    Chinese Rubber Chemical Facing 285% US Antidumping Duty

    Imports of a chemical from China primarily used in rubber production are facing a possible major antidumping duty after the U.S. Department of Commerce on Thursday preliminarily found the chemical is being sold at less than fair value.

  • November 04, 2026

    Fintechs Prepare For Blue Wave's Flood Of Investigations

    Democrats rode Tuesday night's blue wave to take control of both chambers of Congress, scuttling the legislative hopes of a crypto industry that's now battening down the hatches for a flood of investigations into its ties to the Trump administration, consumer protection and financial crime.

  • November 04, 2026

    1st Circ. Revives Temu Suit Against IP Atty, Citing Jurisdiction

    The First Circuit has revived Chinese e-commerce company Temu's lawsuit accusing an intellectual property attorney of lying to secure settlements with a pair of clients, finding that the lower court failed to consider jurisdictional questions.

  • November 04, 2026

    Attys Consider Corporate Implications Of Blue Texas

    Texas attorneys have already started weighing new strategies in the wake of Texas' historic blue shift, led by a new attorney general and a new governor who have pledged to bring more industry regulation and consumer protections to the Lone Star State.

  • November 04, 2026

    Woman Tells 11th Circ. Sexual Assault Gag Clause Is Invalid

    A woman who claimed she was sexually assaulted by her former intimate partner asked the Eleventh Circuit on Wednesday to overturn a $2.7 million judgment against her for breaching a confidential agreement with the ex-partner, arguing the question of the contract's validity is one for a jury.

  • November 04, 2026

    OCC Maps Out How Its Examiners Will Review Banks' AI Use

    The use of artificial intelligence at banks to conduct payments, decide loan applications or perform other high-stakes activities autonomously could face closer examiner scrutiny under a new supervisory framework issued Wednesday by the Office of the Comptroller of the Currency.

  • November 04, 2026

    Md. Judge Extends Asylum Deal Over 84 Wrongful Removals

    A Maryland federal judge is extending the deadline for a settlement that protects certain asylum-seekers from deportation until their applications are fully processed, after finding that the U.S. Department of Homeland Security wrongfully deported at least 84 people covered by the settlement. 

Expert Analysis

  • Planning For D&O Exclusions As Risks Mount For Banks

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    Banks should scrutinize directors and officers exclusions for artificial intelligence, disclosure and cybersecurity risks during policy renewal negotiations to preserve coverage amid the current uptick in insurer scrutiny and related shareholder litigation, say attorneys at Jones Walker.

  • Why The SEC Proposed Rescinding Its 'Pay-To-Play' Rule

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    The U.S. Securities and Exchange Commission's recent proposal to nix its pay-to-play rule governing political contributions by investment advisers follows years of industry advocacy and commissioner criticism that it suppresses political speech and affects hiring, say attorneys at Simpson Thacher.

  • Transfer Pricing Analyses May Apply To Tariff Refunds Claims

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    Both plaintiffs and defendants in consumer class actions over tariff refunds should examine transfer pricing analyses, which can offer contemporaneous evidence as to how much of a tariff was borne in the U.S. by the importer or consumers rather than absorbed earlier in the supply chain, say economists at The Brattle Group.

  • CFIUS Annual Report Reveals Enforcement Trends

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    The Committee on Foreign Investment in the United States' recently published annual report to Congress shows that it is increasingly focused on nonnotified transactions, mandatory filing compliance, critical technologies and postclosing mitigation enforcement across the full life cycle transactions, say attorneys at Bass Berry.

  • Importer Risk Rises As AI Enters Trade Fraud Enforcement

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    The Trump administration's new data-driven and artificial intelligence-enabled push against tariff evasion raises the stakes for companies with global supply chains, making it crucial that they consider strengthening response protocols, documentation and internal reporting mechanisms, say attorneys at Cooley.

  • What CMS Audit Rule Means For Medicare Advantage Plans

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    Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.

  • Parsing The Latest Signals On FTC Section 5 Enforcement

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    Federal Trade Commission cases brought over the last several years and Commissioner Mark Meador’s recent call for stand-alone Section 5 enforcement suggest businesses should prepare for continued scrutiny of conduct beyond traditional antitrust violations, particularly in essential goods, technology and labor markets, say attorneys at Axinn.

  • Calif. PFAS Pesticide Reporting Law Raises Cos.' Legal Risks

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    A new California law requiring public reporting of how registered pesticides containing intentionally added perfluoroalkyl and polyfluoroalkyl substances are used across the state could increase regulatory scrutiny — and provide a road map for litigation involving growers, applicators, distributors, pesticide manufacturers and upstream chemical suppliers, say attorneys at O'Melveny.

  • What's At Stake As Justices Rethink Sentencing Commentary

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    Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.

  • How A New Case Redefines The Birthright Citizenship Battle

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    After the U.S. Supreme Court's birthright citizenship ruling last term in Trump v. Barbara, the Trump administration issued a new executive order attempting to limit the categories of individuals eligible for this status — and a pending court challenge to the new order shows where the legal battle lines are being redrawn, say attorneys at Fragomen.

  • Why Vaccine Court Inoculates Drugmakers Against Litigation

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    Most claimants alleging injuries from routine childhood vaccines must complete an administrative compensation proceeding before they can sue in civil court — and recent legislative efforts aimed at weakening vaccine manufacturers' legal protections do not account for the important reasons the existing framework was put in place, say attorneys at Goldman Ismail.

  • As Congress Stalls, SEC Hits Go On 'Innovation Exemption'

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    While the U.S. Securities and Exchange Commission's recently issued innovation exemption to facilitate on-chain trading of certain tokenized stocks isn't a replacement for a comprehensive legislative framework, it reduces the likelihood that further congressional delay will freeze market development, says Stephen Aschettino at Fox Rothschild.

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • How To Use AI In Employment Contract Drafting

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    Before using artificial intelligence to draft employment contracts, law firms and employers must assess practical ethical guardrails, appropriate use cases, core risk areas and validation workflows, says Samuel Mitchell at Smith Gambrell.

  • Battles Over Murky Mineral Rights Stymie Pa. Energy Projects

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    Legal wrangling over a recently passed Pennsylvania law could affect billions of dollars of mineral royalty payments, the status of subsurface property rights in the state and the ability of the Legislature to pass retroactive legislation that affects those rights, say attorneys at Flaster Greenberg.

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