Public Policy

  • October 23, 2026

    State AGs Take Aim At 'Texas Two-Step' In Brief To Justices

    Attorneys general for 20 states and the District of Columbia urged the U.S. Supreme Court to take up a challenge to the validity of "Texas Two-Step" bankruptcies, telling the high court a Fourth Circuit ruling in an asbestos liability case threatens the ability of states to exercise their sovereign power to enforce their own laws.

  • October 23, 2026

    Fla. AG Says Home Climate Risk Data Is Deceptive Practice

    Florida's attorney general sued a climate-risk modeler on Friday, claiming its data, which shows up on major real estate sites, deviates from official federal data and deceives homebuyers about the actual flood and fire risks of properties.

  • October 23, 2026

    Citizens Tells Fla. Justices Arbitration Forum Isn't Biased

    Florida's insurer of last resort urged the state's top court to reverse a trial court's refusal to enforce a policy arbitration clause, arguing there is no evidence supporting the lower court's determination that the insurer's relationship with the state tips the scales in its favor in front of an arbitrator.

  • October 23, 2026

    NJ Data Center Notified Of Suit Over Unpermitted Gas Engines

    A community organization intends to sue the developers of DataOne, a 3.1 million-square-foot data center under construction in southern South Jersey, alleging that they are operating dozens of gas-fired engines at the site without having applied for the necessary permits.

  • October 23, 2026

    DOJ Urges Md. Judge To Void State Immigrant Tuition Law

    The Trump administration continues to press for a Maryland federal judge to strike down a state law granting in-state tuition to unauthorized immigrant students, arguing that a ruling from a Virginia district judge upholding a similar law was "wrongly decided" and urging the Maryland judge to follow the Fifth Circuit instead.

  • October 23, 2026

    Leave 2.5 GHz Band Out Of Satellite Plan, T-Mobile Says

    T-Mobile says the Federal Communications Commission's plan to expand the coverage that satellites provide from space is a good one, but the agency should refrain from auctioning off the 2.5 gigahertz band for that purpose, arguing it should be reserved for operations on the ground.

  • October 23, 2026

    Ute Family Urges High Court To Revive FBI Evidence Duty

    A Utah tribal member's family is asking the Supreme Court to reverse a decision that the federal government isn't liable for his shooting death, telling the justices that without their intervention the case could set a dangerous precedent that will harm investigative authority at crime scene investigations.

  • October 23, 2026

    Cities Say Feds Ignore Immigration Rule Collusion Claims

    Three cities on Friday urged the U.S. Supreme Court to stay an order that removed the ability of immigration courts to temporarily close cases, arguing the federal government failed to address the legality of circumventing Administrative Procedures Act requirements.

  • October 23, 2026

    SEC Fights LSU Claim That Case Citations Were 'Hallucinated'

    The Southeastern Conference is disputing claims that it submitted "hallucinated" case citations in its lawsuit challenging Louisiana State University's efforts to add former professional players to its sports teams, urging an Alabama federal judge to strike the allegations.

  • October 23, 2026

    Conn. AG Settles Sunrun Solar Sales Deception Claims

    Connecticut has reached a pair of settlements worth $500,000 with solar companies including Sunrun Inc. and two sales representatives accused of using deceptive tactics to lock people into long-term contracts and installing systems that didn't work.

  • October 23, 2026

    Copyright Ruling Leaves Worldwide Rights In Legal Limbo

    The U.S. Supreme Court left music publishers, creators and catalog buyers facing potentially different rules for worldwide copyright termination after an unusual quorum failure ended the entertainment industry's bid to overturn a Fifth Circuit ruling allowing authors to recapture foreign rights included in worldwide grants.

  • October 23, 2026

    FCC Grants Intel's Automatic Vehicle Waiver For 1 Year

    The Federal Communications Commission has granted Intel Corp. a one-year waiver from rules that could otherwise subject the automated vehicles used in its chipmaking plants to security restrictions.

  • October 23, 2026

    FCC's Gomez Urges More NAB Engagement On 'Censorship'

    The Federal Communications Commission's only Democrat wants the broadcast lobby to pull more weight in defying what she described as an FCC campaign of "censorship and control" over the media.

  • October 23, 2026

    Mich. Appeals Court Upholds Indigent Defense Fee

    Criminal defendants can be required to reimburse the full cost of their court-appointed attorneys even when most of those expenses are covered by state indigent defense grants, a Michigan appeals court ruled after rejecting a woman's argument that the arrangement allows counties to recover the same costs twice.

  • October 23, 2026

    Texas Sues OpenAI, Altman Over ChatGPT Safety Claims

    The Texas attorney general's office sued OpenAI and its chief executive Sam Altman in state court Friday, alleging the company breached consumer protection laws by unleashing a chatbot that often gives harmful advice and is addictive to children.

  • October 23, 2026

    Lawmaker Report Targets 'Pay-To-Play' Antitrust Enforcement

    A new report from Democratic lawmakers found that influence from the White House appears to be resulting in lax antitrust enforcement and higher consumer prices, citing a number of recent settlements, case dismissals and merger decisions.

  • October 23, 2026

    2026 Tax Ballot Measure Map

    Citizens across the country will be tasked with deciding significant tax-related measures when they head to the polls in November, including proposals to impose a one-time 5% wealth tax on billionaires, ban state-level property tax in Tennessee and make income tax changes in numerous states.

  • October 23, 2026

    DC Circ. Lets 1929 Census Descendants Join Miwok Vote

    The D.C. Circuit allowed descendants of people listed in a 1929 census of local Native Americans to have a say in the California Valley Miwok Tribe's constitution and bylaws Friday, rejecting a rival faction's bid to restrict the process to a smaller group and settling — for now — a decades-long fight tied to state gaming funds.

  • October 23, 2026

    FCC Nat'l Security Clampdown Draws Rare Industry Rebukes

    Industry leaders see the Federal Communications Commission hitting for a high batting average during President Donald Trump's second term, pushing deregulation they have sought for years. But when it comes to putting the squeeze on device imports from foreign adversaries, business groups are less than bowled over — and they're letting the FCC know it.

  • October 23, 2026

    Trump Signs Law Updating Wireless Emergency Alert System

    President Donald Trump has signed into law a bipartisan, bicameral act that will modernize the emergency alert infrastructure by integrating satellite networks into the Wireless Emergency Alert system.

  • October 23, 2026

    Feds Want Grant Ruling Foiling Priorities Stayed For Appeal

    The Trump administration asked a Massachusetts federal judge to pause a decision declaring that a grant termination clause does not allow agencies to scrap awards not aligned with its new priorities, claiming it is likely to prevail in a First Circuit appeal.

  • October 23, 2026

    Pa. Panel Finds Delays Doom Demand To Widen Private Road

    A Pennsylvania township can't make a developer spend $1.2 million widening a private access road because it had ignored the road's alleged noncompliance with the town's code for nearly 20 years, a state appellate court panel said Friday.

  • October 23, 2026

    DOJ Sues Alaska Over Two Dan Sullivans On Senate Ballot

    Dan J. Sullivan, who is running for Senate in Alaska against Sen. Dan. Sullivan, said on Friday it "was a surprise to me" that the U.S. Department of Justice filed a lawsuit claiming his presence on the ballot could mislead voters and skew the election results. 

  • October 23, 2026

    EPA Grants Navajo Nation Key Clean Water Act Status

    The U.S. Environmental Protection Agency has approved the Navajo Nation's application that will allow the tribe to be treated in a similar manner to a state under the Clean Water Act for the National Pollutant Discharge Elimination System and sludge management programs.

  • October 23, 2026

    Trump Adviser Ducking Service In Exec Orders Suit, ABA Says

    Trump attorney Boris Epshteyn has evaded service of subpoenas, so the American Bar Association should be allowed to pursue alternative means of serving him in its lawsuit over President Donald Trump's efforts to intimidate BigLaw firms, the organization is telling a Washington, D.C., federal judge.

Expert Analysis

  • The Preemption Gap In Prediction Market High Court Petitions

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    The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.

  • How Data Center Projects Can Navigate Wyo. Siting Process

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    As opposition to data center development grows nationwide, the way that Wyoming is handling the issue through its industrial siting process offers a counterintuitive lesson: More process, not less, can provide both meaningful scrutiny and a clear path forward for projects, says Jeffrey Pope at Holland & Hart.

  • Tips From Apex Ruling On Handling Workers' Public Criticism

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    A National Labor Relations Board judge’s recent finding that Apex Fintech Services illegally reined in an employee’s public criticism on LinkedIn should caution employers that overbroad policies and reflexive responses may not only fail to defend the company’s reputation, but compound risks of federal labor charges, say attorneys at Krevolin Horst.

  • 4 Paths To AI Safety Coordination Amid Antitrust Debate

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    Frontier artificial intelligence companies have more room for collective safety work than the debate over an antitrust waiver suggests, with several existing avenues providing different degrees of protection and oversight, says Evan Miller at V&E.

  • How Cannabis Rescheduling Is Reshaping Bankruptcy

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    As broader cannabis rescheduling awaits a recommended decision, cannabis companies continue to test the boundaries of the Bankruptcy Code, with the recent Cannabist Chapter 15 recognition order suggesting that governmental resistance may be reduced in future filings, say attorneys at Thompson Coburn.

  • How Calif. Privacy Bill Could Change CIPA Tracking Cases

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    If California Gov. Gavin Newsom signs S.B. 690, the bill could materially reduce the leverage behind a pen-register-only claim or demand, so California Invasion of Privacy Act website tracking claims should not be evaluated the same way they were six months ago, says Alexandra Samofalova at Spencer Fane.

  • Risk Considerations As EEOC Moves To Ax Data Reports

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    While the U.S. Equal Employment Opportunity Commission's recent proposal to rescind requirements for workforce demographic reporting wouldn't bar employers from collecting data, companies would have to be especially careful to gather and use such information in legally defensible ways, say attorneys at Foley & Lardner.

  • For Faster FDIC Review, Banks Must Front-Load Prep

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    Banks seeking to benefit from the efficiency promised by the Federal Deposit Insurance Corp.’s new two-phase review of deposit insurance applications must prioritize filing comprehensive submissions or risk the fate of applicants recently rejected by the Comptroller of the Currency, say attorneys at Skadden.

  • A Look At Loper Bright's Uneven Effect On Immigration Law

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    Recently decided cases in the Second and Fourth Circuits show the disparate effects independent judicial review has had on long-standing immigration precedents since the U.S. Supreme Court's 2024 ruling that ended Chevron deference, says Danny Alicea at the Legal Aid Society.

  • Opinion

    New CMS Medical Device Pathway May Have Limited Effect

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    The Centers for Medicare & Medicaid Services' new pathway for giving Medicare beneficiaries earlier access to certain medical devices bears similarities to previous programs that did not advance coverage significantly, and thus may only benefit certain manufacturers, say attorneys at King & Spalding.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • Time Is On Payment Processors' Side As Deal Dynamics Shift

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    As payment processors increasingly use timing and volume to gain leverage, merchants should negotiate payment processing agreements well before renewal or migration deadlines, ensuring proper benchmarking, reserve, data, termination and transition terms are in place, says James Alexander at Reed Smith.

  • A Road Map To Modernizing Clinical Lab Regulations

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    The Centers for Medicare & Medicaid Services' recent request for comments on potential changes to the Clinical Laboratory Improvement Amendments provides an early indication of where CLIA is headed, and the operational, compliance, reimbursement and enforcement issues those changes will create, says Jose Vela at Clark Hill.

  • IRS Notice Helps Bridge Carbon Capture Reporting Gap

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    Recent guidance that extends a safe harbor for taxpayers claiming Section 45Q carbon capture credits provides a temporary reporting method that may keep viable projects moving while the U.S. Department of the Treasury and the Environmental Protection Agency address future reporting standards, says Peter Lowy at Nelson Mullins.

  • How GCs Can Assess The Risks Of Emerging AI Laws

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    Amid a swirl of momentous legislative activity aimed at regulating artificial intelligence, general counsel must return to first principles when determining whether new laws will apply and whether the company’s use could cause regulators to subject it to additional regulation, say attorneys at WilmerHale.

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