Public Policy

  • November 02, 2026

    D.C., Virginia Sue To Block Trump's 250-Foot Arch

    Washington, D.C., and Virginia have teamed up in a new bid to stop President Donald Trump's planned 250-foot arch just east of Arlington National Cemetery, claiming in a lawsuit that the project lacks required congressional approval.

  • November 02, 2026

    Teachers Union Sues Ed. Dept. Over Loan Forgiveness Delays

    The American Federation of Teachers and nine borrowers sued the U.S. Department of Education, saying it is illegally blocking forgiveness of federal student loans for individuals who have worked in public service.

  • November 02, 2026

    9th Circ. Won't Extend Block On Venezuela TPS Ruling

    The Ninth Circuit denied the Trump administration's request to block a district court order that stymied its cancellation of a temporary protected status extension for Venezuela and is set to snap back into effect after a U.S. Supreme Court stay of the order expires this week.

  • November 02, 2026

    50 Cos. Object To Listing On OKX Tokenized Stock Venue

    Fifty publicly traded firms including Goldman Sachs, Microsoft and Nvidia have directed the tokenized stock trading venue OKXICE not to list blockchain-based forms of their shares, according to the crypto platform's latest disclosure.

  • November 02, 2026

    Contractor Says SBA Suspension Relied On Deceptive Video

    A tribally owned contractor urged a D.C. federal court to temporarily halt its suspension by the Small Business Administration from government contracting, arguing misconduct allegations against it stem from a "salacious" video published by a far-right influencer wearing a wig.

  • November 02, 2026

    Fuel Groups Say Courts Must Stay Out Of Calif. Waiver Fight

    Groups representing the natural gas and oil industry urged the D.C. Circuit to reverse preliminary injunction rulings over the U.S. Environmental Protection Agency's procedural move sending certain Clean Air Act waivers for California to Congress, arguing that judicial review is barred.

  • November 02, 2026

    More Amicus Briefs Flood NYT, OpenAI Copyright Case

    Actors, writers groups, advocacy organizations, law professors and current and former political leaders weighed in on the OpenAI copyright multidistrict litigation in New York federal court, with some arguing that fair use does not protect the artificial intelligence developer, while others contended that training models on copyrighted works was all above board.

  • November 02, 2026

    HHS Says Wash. Has No Stake In Noncitizen Medicaid Fight

    The U.S. Department of Health and Human Services is fighting Washington state's bid to join a legal challenge to the Trump administration's attempts to withdraw federal Medicaid funding for certain noncitizens receiving supplemental security income, arguing Friday the state has pointed to "speculative downstream effects" of the targeted policy.

  • November 02, 2026

    AI Agents Raise Stakes For Banks As Legal Fights Loom

    As major banks move to keep artificial intelligence agents from accessing customer accounts, financial services attorneys say the growing use of these tools in financial transactions could test the limits of existing consumer protection laws and set the stage for litigation.

  • November 02, 2026

    Justices Probe Late Defense In Ex-Aide's Pregnancy Bias Suit

    The U.S. Supreme Court on Monday closely scrutinized the procedures governing late-raised legal defenses amid a former political aide's fight to reinstate her pregnancy discrimination lawsuit, with some justices hinting that the case should be sent back down for review under a different federal rule set.

  • November 02, 2026

    Maine's Canada Trade Exemption May Ride On Midterms

    The fate of Maine's relief from the trade war between the U.S. and Canada may lie in the balance of Tuesday's midterm election results, a dynamic that shows how trade policy can be influenced by the political winds, experts said.

  • November 02, 2026

    Ferry Cos. Say Mackinac Island Hid Rate-Freeze Facts

    Two Michigan ferry operators asked a federal judge on Friday to compel city of Mackinac Island officials to submit to depositions, accusing the city of blocking access to historical ferry rate data and key interpretations of a franchise agreement.

  • November 02, 2026

    Split Full 9th Circ. Backs Block On ICE Voter Fraud Probe

    A Ninth Circuit majority kept in place Friday a panel's recent ruling refusing to pause an injunction blocking U.S. Immigration and Customs Enforcement agents from carrying out a "surge initiative" to question individuals in nine states about their voter status, while seven judges criticized the panel's opinion in dissent.

  • November 02, 2026

    Carroll Asks High Court To Skip Trump Defamation Appeal

    Writer E. Jean Carroll has asked the U.S. Supreme Court not to hear President Donald Trump's appeal of an $83.3 million jury verdict finding that he defamed her after she accused him of sexual assault, saying Trump waived his presidential immunity argument.

  • November 02, 2026

    FCC Stops Broadcasters' Workforce Diversity Data Collection

    The Federal Communications Commission will once again stop collecting workforce diversity data from the broadcast industry.

  • November 02, 2026

    Monthly Merger Review Snapshot

    The Federal Trade Commission caused a pair of playground equipment makers to abandon their planned merger, Canadian enforcers upended a deal for the Green Giant brand in the country and state attorneys general reached settlements for several regional deals.

  • November 02, 2026

    4 Mass. Rulings You May Have Missed In October

    A nonprofit municipal insurance group is responsible for a portion of a settlement with a man who spent 37 years in prison for a murder he didn't commit, and a biotech startup can continue to pursue trade secrets and breach of contract claims against two former employees and a rival they joined last year, Massachusetts Superior Court judges said in rulings last month. 

  • November 02, 2026

    FCC Grants 1st Router Security Waiver Aimed At Onshoring

    The Federal Communications Commission's staff has granted a partial waiver from its rules restricting the sale of foreign routers in the U.S., saying it's the first exemption for routers based on onshoring jobs as one of the public interest benefits.

  • November 02, 2026

    Groups Urge Justices To Take Up Capital Group ERISA Fight

    Several employee benefits trade groups urged the U.S. Supreme Court Monday to review a Ninth Circuit ruling that refused to force arbitration of a retirement plan dispute against an investment management company, arguing the case could resolve a circuit split on the scope of relief under federal benefits law.

  • November 02, 2026

    Tax Court Denies IRS Bid To Revisit Easement Case Ruling

    The U.S. Tax Court said Monday it won't reconsider a September opinion finding a partnership's petition was filed late because of circumstances beyond its control, saying the court has already addressed the IRS' arguments that it improperly excused the lateness of the conservation easement suit.

  • November 02, 2026

    NTSB Defeats Ex-Member's Race Bias Suit Over Removal

    A D.C. federal judge shut down a former National Transportation Safety Board member's lawsuit alleging he was unlawfully removed by President Donald Trump because he's Black, pointing to the U.S. Supreme Court's June decision concluding that presidents have unlimited authority to fire members of independent agencies.

  • November 02, 2026

    DC Circ. Questions Lack Of Carbon Plan For Gas Terminal

    Judges on the D.C. Circuit on Monday pressed attorneys for the Federal Energy Regulatory Commission and the company behind a natural gas export terminal and pipeline in South Texas on why they walked away from a connected proposal for carbon sequestration near the project without explanation.

  • November 02, 2026

    Judge Orders Chicago US Atty To Testify In Misconduct Probe

    An Illinois federal judge has ordered Chicago's top federal prosecutor and three assistant U.S. attorneys to testify under oath about potentially false statements made to her in a now-dismissed criminal conspiracy case against anti-ICE protesters, saying Monday that the government's shifting explanations about communications with DOJ leadership suggest prosecutors misled the court about outside involvement in the prosecution.

  • November 02, 2026

    XAI Fails To Dodge Miss. NAACP Pollution Suit

    A Mississippi federal judge denied X.AI Corp.'s bid to dismiss an NAACP citizen suit alleging that the company has unlawfully installed and operated dozens of polluting natural gas-fired turbines to power its Colossus 2 data center.

  • November 02, 2026

    IRS Donor Reporting Rule Violates 1st Amendment, Court Told

    The IRS' nonprofit donor disclosure rule violates organizations' and donors' First Amendment rights, a privacy group told a D.C. federal court, saying the rule is subject to a heightened level of judicial scrutiny that the government cannot overcome.

Expert Analysis

  • Logistics Update: Handling Iran War Supply Chain Limitations

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    The war in Iran is straining global logistics by introducing practical, commercial, legal and claims limitations for both operators and customers — so all supply chain participants must understand the resulting legal issues, and how to respond to them, says Jonathan Todd at Benesch.

  • 9th Circ. Waters Ruling Shows Sackett's Ripple Effects

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    The Ninth Circuit's recent decision in Inland Empire Waterkeeper v. Corona Clay demonstrates that the U.S. Supreme Court's "waters of the U.S." ruling in Sackett v. U.S. Environmental Protection Agency can reopen cases already tried to verdict, thus changing expectations around citizen suits and stormwater enforcement in California, says Jacob Lubarsky at Rogers Joseph.

  • FTC Highlights Path To Preserve Board Rights In A Rival Co.

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    The Federal Trade Commission's move to add key guardrails permitting firearms manufacturer Beretta to retain two directors as it takes a 25% stake in competitor Ruger illustrates how parties may maintain board rights in certain circumstances without running afoul of Section 8 of the Clayton Act, say attorneys at Davis Polk.

  • Opinion

    A Capital Markets Agenda For The New Congress

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    When the 120th Congress convenes in January, it should place capital markets issues near the top of its to-do list, with a focus on legislation that can make the public company model more competitive, says David Kaufman at Thompson Coburn.

  • A Defense Attorney Playbook For Challenging Flock Evidence

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    As law enforcement continues to bring charges based on evidence from Flock cameras and other automated license plate readers, defense counsel should consider four key categories for discovery requests and motions to compel such evidence, says Tamar Lerer at the New Jersey Office of the Public Defender.

  • FinCEN Scam Alerts Push Banks To Rethink AML Monitoring

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    Recent Financial Crimes Enforcement Network guidance on digital asset scams suggests that future anti-money laundering examinations may focus less on whether institutions detect the movement of criminal proceeds and more on whether they can identify fraud schemes before victims suffer catastrophic losses, say attorneys at Ballard Spahr.

  • How AI Could Help Judges Spot Their Own Biases

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    In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.

  • Assessing Hidden Risk Of Administrative Agency Settlements

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    Though administrative resolutions of U.S. Securities and Exchange Commission investigations may seem preferable to settled federal court actions, the possibility that private plaintiffs may use commission orders in follow-on litigation poses an extra risk, increasing the importance of negotiating the settlement's form and language, say attorneys at Debevoise.

  • State Of Insurance: Q3 Notes From Pennsylvania

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    Pennsylvania courts issued several noteworthy insurance decisions last quarter, offering practical guidance for insurers evaluating public policy coverage disputes, drafting umbrella policy language and defending litigation involving claim file discoverability, says Todd Leon at Marshall Dennehey.

  • Risk Management Tips For Cos. Deploying Open-Weight AI

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    While many enterprises building out their artificial intelligence strategies are considering open-weight models, the Open-Source AI Leadership Act and accompanying congressional oversight letters to prominent tech and consumer companies signal that opportunity and legal risk are being discovered and evaluated on the same timeline, say attorneys at Cooley.

  • West Point Prof's Suit Tests Public Employee Speech Limits

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    A recent complaint in New York federal court alleging that West Point unlawfully terminated a professor who challenged a directive banning references to human causes of climate change could illuminate how academic freedom and public employee speech protections apply at a military academy, say attorneys at Foley & Lardner.

  • Compete Act Reinforces Calif.'s Antitrust Leadership Role

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    California's recent passage of the Compete Act, which expands the state's principal antitrust statute's focus on concerted multifirm conduct to business dealings between two or more firms, underscores California's leadership in state antitrust enforcement as attorneys general move to fill perceived gaps left by reduced federal oversight, say attorneys at Skadden.

  • NHTSA Vehicle Recorder Rule Highlights Crash Data Protocols

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    An amended rule from the National Highway Traffic Safety Administration will soon require vehicle event data recorders to capture more information about crashes — but to turn that data into evidence, attorneys, claims professionals and fleet managers must properly obtain and preserve it after an incident occurs, says Andrew Haling at Pathway Law.

  • What Expanded CMS Authority Means For Health Compliance

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    A recent delegation gives the Centers for Medicare & Medicaid Services independent authority to impose permissive exclusions, creating a more active federal enforcement system with heightened risks for healthcare organizations, says Jose Vela at Clark Hill.

  • Online Presence Complicates Defamation's Public Figure Test

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    Recent defamation cases demonstrate that online presence can affect how courts distinguish between public and private figures, so litigants should consider several questions when evaluating potential claims and defenses where public figure status may affect the litigation, such as whether there is a connection between the plaintiff's public activities and the alleged defamation, say attorneys at Brown Rudnick.

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