Public Policy

  • June 01, 2026

    3rd Circ. Preview: AI Copyright Spat, NJ Gun Law Battle

    A copyright fight over the future of AI‑powered legal research heads to the Third Circuit, where a legal publisher will argue this month that a legal technology company's use of its headnotes does not constitute fair use of copyrighted material. The court will also take up a challenge to New Jersey's firearm nuisance law in a case that asks when a trade group can bring a federal suit over a state statute.

  • June 01, 2026

    5th Circ. Probes Standing In Challenge To EPA Asbestos Rule

    Fifth Circuit judges Monday questioned whether challengers to a U.S. Environmental Protection Agency rule that addresses chrysotile asbestos, the only known form of the carcinogen still used and imported in the country, have a legal right to sue over their alleged injuries.

  • June 01, 2026

    Students Win Class Status In Elite College Aid-Fixing Suit

    Cornell University and several other elite schools are now facing a certified class action accusing them of conspiring to fix the amount of financial aid they gave out after the Illinois federal judge overseeing the case certified a 74,000-strong class Monday.

  • June 01, 2026

    Ala. Redistricting Fight Tests Justices' Voting Rights Ruling

    Alabama officials and Black voters have asked the U.S. Supreme Court to decide if an order requiring the state to hold this year's elections under a court-drawn map that gives Black voters a chance to elect two preferred congressional candidates constitutes a "roadmap for evading" or a faithful application of the high court's recent Voting Rights Act ruling.

  • June 01, 2026

    Albertsons Had Duty To Curb Opioid Diversion, Judge Rules

    As providers of controlled substances, pharmacy giants Albertsons and Safeway had legal duties to prevent the diversion of opioid drugs, a Washington state judge ruled on Monday, though whether the companies failed to fulfill those duties will be determined at trial.

  • June 01, 2026

    Trump Unveils 3 Picks For International Trade Commission

    President Donald Trump on Monday announced three more nominees to be members of the U.S. International Trade Commission, including the U.S. Senate Committee on the Judiciary's intellectual property policy director, a deputy assistant U.S. trade representative and a consumer group's government affairs director.

  • June 01, 2026

    DOJ Says Immigrants Need 5 Years Here For Lifeline Eligibility

    Immigrants aren't eligible for the Federal Communications Commission's Lifeline program, which subsidizes the cost of phone and internet service for low-income households, unless they've been in the country for five years, the U.S. Department of Justice has declared.

  • June 01, 2026

    DC Circ. Says Military Trans Ban Flouts Constitutional Rights

    A divided D.C. Circuit panel Monday said the Trump administration illegally banned transgender individuals from military service, then narrowed a preliminary injunction to prevent the government's exclusion of transgender people presently serving in the military but not those desiring to enlist.

  • June 01, 2026

    Jan. 6 Participants Sue Feds For 'Vindictive' Prosecutions

    Nine Jan. 6 participants sued the federal government, former Attorney General Merrick Garland, and several prosecutors and FBI agents Friday, claiming they were subject to malicious prosecutions and unconstitutional retaliation for their roles in the attack on the U.S. Capitol in 2021.

  • June 01, 2026

    GAO Flags Risks After Corporate Transparency Act Rollback

    The Treasury Department's retreat from the Corporate Transparency Act and its requirements for shell companies to disclose their beneficial owners may perpetuate illicit finance risks, according to a report from the U.S. Government Accountability Office, which recommended the Treasury take steps to address such risks.

  • June 01, 2026

    EPA Beats States' $7B Solar Grant Cancellation Suit In Wash.

    A Washington federal judge sided with the Environmental Protection Agency on Monday in a multistate challenge of the U.S. government's cancellation of a Biden-era solar energy grant program, concluding she cannot resolve the dispute because it involves contractual questions that the Tucker Act delegates to the Court of Federal Claims.  

  • June 01, 2026

    Md. Judge Pauses Shipowner's Baltimore Bridge Civil Trial

    A Maryland federal judge has pressed pause on a civil trial that was expected to start Monday to address sweeping liability and damages claims against the owner and the manager of the cargo carrier that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse.

  • June 01, 2026

    Mich. Biz Can't Appeal AG Intervention In Fire Coverage Suit

    A Detroit property owner can't seek Sixth Circuit review of the Michigan attorney general's intervention in the property owner's constitutional challenge to the state's Fire Insurance Withholding Program, as a federal judge said Monday the intervention won't "materially alter" the suit.

  • June 01, 2026

    Foreign Drivers Ask Fla. Judge To Hit Brakes On CDL Denials

    Foreign national truck and bus drivers in Florida asked a federal judge to quickly block a state agency's decision to stop issuing commercial driver's licenses to certain noncitizens based on a challenged federal rule the drivers said is likely unlawful.

  • June 01, 2026

    Wash. Mandates Menopause Protections For Cabinet Workers

    Washington state Cabinet agencies will soon be required to accommodate employees experiencing menopause and perimenopause after Gov. Bob Ferguson on Monday instructed the state Women's Commission to help develop guidance, policies and resources applicable to menopause-related conditions.

  • June 01, 2026

    Federal Agencies Say Cactus FOIA Search Was Reasonable

    The U.S. Fish and Wildlife Service and the Department of the Interior told a Colorado federal court that sending more than 7,000 pages of records in response to a Freedom of Information Act request from a conservation nonprofit regarding the proposed delisting of hookless cacti from the endangered species list was reasonable. 

  • June 01, 2026

    Judge Denies Pause In ICE Warrantless Entry Suit

    A D.C. federal judge has declined the Trump administration's request to pause a lawsuit over ICE's warrantless home entry policy, saying the White House's claim that it suspended the policy is insufficient.

  • June 01, 2026

    DOJ Says Ohio Health System Can't Duck Antitrust Case

    The U.S. Department of Justice defended its antitrust case accusing OhioHealth Corp. of blocking competition through its contracts with insurers, telling an Ohio federal court the health system is depriving consumers of lower-cost health plans.

  • June 01, 2026

    Portland Pushes Back On FCC's Lifeline Rule Changes

    The city of Portland, Oregon, bristled against the Federal Communications Commission's plan to tighten rules to check eligibility for the Lifeline phone subsidy given that it's likely to curtail enrollment in a program that helps with broadband affordability.

  • June 01, 2026

    Ill. Swipe-Fee Law Blocked For Most Banks, Slated For Delay

    A Chicago federal judge ruled Monday that Illinois cannot enforce its landmark ban on tax-and-tip swipe fees against most banks, handing the banking industry a major legal win the same day that state lawmakers voted separately to delay the ban altogether until next year.

  • June 01, 2026

    'Sauce For The Goose': X Can't Limit Apple, OpenAI Depos

    A Texas federal judge on Friday ordered Elon Musk's X Corp. to offer up 20 of its employees for extra depositions in its antitrust suit against Apple and OpenAI, saying that since the court granted X more depositions, "sauce for the goose is sauce for the gander."

  • June 01, 2026

    Law Unclear On 'Deplorable' Photo Share, 3rd Circ. Rules

    A split Third Circuit panel has ruled that a Philadelphia police officer can't be sued for photographing and sharing a picture of a dead man who jumped from a bridge, holding that while the conduct was "deplorable," the Constitution did not clearly establish that families have a right to control images of their loved ones' deaths.

  • June 01, 2026

    Utah Backs 10th Circ. Review Of Ute Split-Estate Fight

    Utah and two of its counties are asking the Tenth Circuit to grant the Ute Indian Tribe permission to file an interlocutory appeal on whether split estate lands are Indian Country, saying that final resolution of the issue will allow a half-century of litigation to end.

  • June 01, 2026

    Michigan City Says Short-Term Rental Ban Is Constitutional

    The city of Dearborn Heights defended its zoning ordinance banning short-term rentals in Michigan federal court on Monday, claiming a group of property management companies have no standing to challenge the prohibition because the city has full legal authority to regulate rental properties as it sees fit.

  • June 01, 2026

    Ga. Appeals Court Says Septic Waste Fight Needs Closer Look

    A Georgia appeals court axed an order permanently barring a family from disposing of septic tank waste on their land without a permit in a case brought by the state's Environmental Protection Division, saying Monday the lower court needed to take a more thorough look at the regulations in play.

Expert Analysis

  • Law School Antitrust Dismissal Leaves Room For Review

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    A Pennsylvania federal court's recent dismissal of Risner v. Law School Admission Council, a class action that argued a centralized law school application platform violated antitrust law, reflects judicial reluctance to assume that higher education joint efforts are automatically anticompetitive, but also sets out a road map for future pleadings, say attorneys at Baker McKenzie.

  • Employer Tips To Prepare For Va. Family And Medical Leave

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    With Virginia's paid family and medical leave insurance program taking effect in two years, employers should develop processes for monitoring head count, coordinating with existing federal and state leave programs, and tracking intermittent leave, say attorneys at ArentFox Schiff.

  • What End Of SEC Settlement Gag Rule Means For Defendants

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    The U.S. Securities and Exchange Commission's recent rescinding of its gag rule prohibiting defendants from publicly denying allegations in settled SEC enforcement actions actually heightens the need to think strategically when negotiating resolutions and pursuing public denials of wrongdoing, say attorneys at Cleary.

  • Opinion

    Regulators Should Use Existing Tools To Jump-Start Crypto

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    The U.S. Securities and Exchange Commission and U.S. Commodity Futures Trade Commission should use existing authority to quickly enable crypto trading, custody, clearing and settlement to reduce uncertainty and lay the groundwork for permanent crypto rules, says Lee Schneider at Ava Labs.

  • SEC's Co-Investment Relief Broadens Private Market Access

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    The U.S. Securities and Exchange Commission's recent no-action letter to J.P. Morgan Investment Management permits open-end funds to co-invest with affiliates, removing a long-standing barrier open-end fund sponsors have faced in sourcing private market investments at scale, say attorneys at Debevoise.

  • Key Legal Considerations For Data Center Battery Storage

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    Battery energy storage systems have become essential infrastructure for data center development — but as trade, energy and tax policies continue to shift, companies operating in this space must understand the importance of supply chain requirements and industry-tailored contracts, says RJ Colwell at Davis Graham.

  • Employer Tips For Navigating Tenn. Noncompete Law

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    Although a new Tennessee law will limit the enforceability of noncompetes, including by categorically prohibiting them for lower-wage earners and establishing rebuttable presumptions on their duration, it also gives employers clearer guideposts for drafting enforceable agreements, say attorneys at Burr & Forman.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • FERC Order May Alter PJM's Framework, Spur $1B In Refunds

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    A recent order from the Federal Energy Regulatory Commission stands to reform how grid operator PJM Interconnection assigns transmission upgrade costs, with potentially sweeping implications for transmission owners, merchant transmission facilities and load-serving entities, including an estimated $1 billion in refunds and surcharges, say attorneys at Husch Blackwell.

  • New Connecticut Law On Employers' AI Use Is Inventive

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    A recently passed Connecticut law regulating the use of artificial intelligence in employment decisions innovates by using third-party risk assessments to vet and certify AI models, and by recognizing a division of responsibility between developers and deployers, potentially influencing pending legislation in other states, say attorneys at Littler.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Opinion

    International Patent Licensing System Must Be Maintained

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    As foreign approaches to patent enforcement threaten to distort the licensing markets that underpin modern technology, courts and policymakers must take action to ensure that the standard essential patent framework is preserved, says Brian O'Shaughnessy at Dinsmore.

  • Tax Highlights From Georgia's 2026 Legislative Session

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    Georgia's two-year legislative cycle recently concluded with the enactment of several significant tax bills that reflect efforts to modernize tax policy in response to evolving economic priorities, and a broader trend toward increased scrutiny of administrative agency interpretations, say attorneys at Eversheds Sutherland.

  • How SEC, CFTC Proposal Would Ease Private Fund Reporting

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    While the U.S. Securities and Exchange Commission and Commodity Futures Trading Commission’s recent proposal to streamline and lighten certain confidential reporting requirements could bring welcome changes for many private fund advisers, sponsors should consider important nuances of its potential impact, say attorneys at Simpson Thacher.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

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