Public Policy

  • August 13, 2026

    Del. Water Supplier Sues 9 Cos. Over PFAS

    A Delaware water supplier hit nine companies with a suit in state court alleging that they released forever chemicals into the watersheds that supply water to tens of thousands of residents, seeking to recoup at least $34.6 million for the cost of ensuring safe drinking water.

  • August 13, 2026

    9th Circ. Says U. Of Wash. Is Immune From Vax Firing Suit

    A Ninth Circuit panel declined on Thursday to reinstate former University of Washington employees' claims that they were wrongfully fired after refusing the COVID-19 vaccination on religious grounds, concluding the university qualifies as an arm of the state that cannot be sued for civil rights violations under the relevant federal law.  

  • August 13, 2026

    ICE Again Ordered To Fix 'Inhumane' Adelanto Detention Site

    A California federal judge on Wednesday once again ordered U.S. Immigration and Customs Enforcement to improve conditions at its Adelanto detention facility in the Mojave Desert, pointing to "severe and inhumane deficiencies" in necessities including access to safe food and water and sanitary living conditions.

  • August 13, 2026

    9th Circ. Revives $140M Robo-Surgery Antitrust Case

    The Ninth Circuit on Thursday revived a surgical instrument repair company's antitrust suit accusing the makers of the da Vinci surgical robot of illegally blocking third parties from repairing its instruments, ruling that a district judge erred in applying the U.S. Supreme Court's Kodak factors to the dispute.

  • August 13, 2026

    8th Circ. Partially Revives Iowa Adjuster Law Challenge

    The Eighth Circuit has revived a residential contractor's claim that its First Amendment rights were violated when the Iowa Insurance Division issued warning notices pursuant to the state's public adjuster laws, while affirming that the statutes are not unconstitutional on their face and not void for vagueness.

  • August 13, 2026

    5th Circ. Nixes Fed Approval For Offshore Oil Export Port

    A Fifth Circuit panel overturned a license approval for a deepwater port off Texas, ruling that the Trump administration failed to properly consider how a pipeline serving the offshore crude oil export facility would intersect a pipeline for another approved port.

  • August 13, 2026

    Warehouse Owner Faces Manslaughter Charge In Blast Death

    For the second time, a Michigan warehouse owner on Thursday saw a judge say involuntary manslaughter charges against him should move forward, in a case over a March 2024 explosion where shrapnel struck and killed a 19-year-old man.

  • August 13, 2026

    Wash. Halts Conversion Therapy Ban For Therapist Amid Suit

    Washington state has agreed not to enforce its ban on a practice commonly known as conversion therapy against a therapist while his First Amendment challenge to the prohibition plays out in federal court, according to a stipulation entered Thursday.

  • August 13, 2026

    Kalshi Must Suspend Most Wash. Offerings, Install Geofencing

    A Washington state court judge has blocked Kalshi from offering event contracts to state residents in most of its prediction market categories while the attorney general's legal challenge unfolds, setting deadlines for the platform to institute location-based geofencing, while spurning the company's bid to maintain operations pending appeal.

  • August 13, 2026

    6th Circ. Jails Minnesota Activist Over Anti-ICE Threats

    A self-described "antifa" member from Minneapolis must return to jail on federal charges of cyberstalking and making threats against supporters of U.S. Immigration and Customs Enforcement, with a divided Sixth Circuit panel determining he still poses a threat to the public.

  • August 13, 2026

    DHS Defends Building New ICE Facility In Silicon Valley

    The federal government fired back in California federal court Wednesday against a bid by California and Santa Clara County to block a planned ICE office and temporary holding facility in Silicon Valley, arguing that the project's alleged environmental, health and safety impacts are speculative and unsupported.

  • August 13, 2026

    Sierra Nevada Gets FCC OK For High Frequency Flight Sensor

    The Federal Communications Commission gave the green light to Sierra Nevada Co. LLC's request to operate enhanced flight vision systems in the 92-95.5 gigahertz spectrum band.

  • August 13, 2026

    DOJ's HPE Merger Settlement Approved Over State Objections

    A California federal judge approved a controversial settlement struck by the U.S. Department of Justice to end a case challenging Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, despite concerns from state enforcers about political influence in the settlement process.

  • August 13, 2026

    States Say DOT Illegally Sought 17M CDL Driver Records

    A group of 21 Democratic-led states and the District of Columbia accused the Trump administration on Thursday of illegally pressuring a nonprofit commercial driver database operator to hand over millions of Social Security numbers for immigration enforcement by threatening to cut funding for noncompliance.

  • August 13, 2026

    Vaccine Challengers Slam Connecticut's 'One-Party Rule'

    Challengers to Connecticut's mandatory school vaccination laws have accused political leaders of exercising "one-party rule" over state government, claiming the House speaker, governor and attorney general, who are all Democrats, tweaked or defended state laws specifically to stymie their religious freedom claims.

  • August 13, 2026

    7 States Urge Feds To Reject $85B UP, Norfolk Southern Deal

    Seven state attorneys general are urging the federal Surface Transportation Board to reject the planned $85 billion merger between Union Pacific Corp. and Norfolk Southern Corp., saying the rail giants have not shown how the deal would serve the public interest.

  • August 13, 2026

    Arizona, Tribes Sign Deal To Offset Coal Economy Losses

    Arizona, the Hopi Tribe and the Navajo Nation have signed an agreement that aims to boost economic growth for tribal communities that lost thousands of jobs and millions in revenue after major coal mining companies stopped or scaled back operations in the Four Corners region.

  • August 13, 2026

    Groups Say Shuttered Fla. Detention Center Threatens Wildlife

    Environmental groups have accused wildlife officials of polluting protected land through an immigrant detention center in the Everglades, alleging in an updated complaint filed in Florida federal court that the now-shuttered site continues to threaten endangered species in the area.

  • August 13, 2026

    SEC May Vote To Ease Pay-To-Play Rules This Year

    The U.S. Securities and Exchange Commission has informed the White House that it could soon move forward with plans to loosen the rules around political contributions made by investment advisers, regulations that SEC Chair Paul Atkins has recently called "a trap for the unwary."

  • August 13, 2026

    White House Aims Customs AI Tool At Chinese Tariff Evasion

    The White House identified Thursday over 40 countries from which imports carry a heightened risk of transshipment, an illegal practice of misrepresenting goods entering the U.S. that originate elsewhere such as China, and government officials are working on a new artificial intelligence enforcement tool to address those concerns.

  • August 13, 2026

    CFPB Brass Accused Of 'Sham' Probe Of Union Leader

    The Consumer Financial Protection Bureau is conducting a "sham" investigation into an employee who is active in the staff's union, the union's president said, taking the agency's new leader to task for its probe of the data scientist and National Treasury Employees Union local activist.

  • August 13, 2026

    FCC Told Foreign Drone Ban Could Hinder Public Safety Work

    A nonprofit that donates drones to public safety agencies and science programs has urged the Federal Communications Commission to reconsider a potential ban on foreign-made military-grade drones.

  • August 13, 2026

    NJ Takes Labor Peace Pact Fight In Pot Case To 3rd Circ.

    New Jersey cannabis regulators filed a notice Thursday that they would appeal a federal court's recent ruling that a state rule requiring marijuana businesses enter into labor peace agreements with unions in order to secure a license is preempted by federal law.

  • August 13, 2026

    Feds Can Release More Documents Under Epstein Law

    A New York federal judge granted the federal government's request to unseal documents in a 2015 civil lawsuit filed by the late Virginia Giuffre, a Jeffrey Epstein accuser who sued Ghislaine Maxwell a decade before her death last year.

  • August 13, 2026

    Trade Court Fine With Trump Ending De Minimis Tariff Break

    President Donald Trump's revocation of a de minimis exemption for low-value goods to enter the U.S. duty-free was allowed under a law that the U.S. Supreme Court separately determined could not otherwise authorize tariffs on its own, the Court of International Trade ruled Thursday.

Expert Analysis

  • How Home Infusion Providers Can Adapt To Enrollment Pause

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    Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • NYDFS Swedbank Order Offers Lessons On Candor

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    The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • California FAIR Plan Is Outgrowing Last-Resort Role

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    With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

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    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

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    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

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    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • A New Era Of Scrutiny For China-Linked Pharma Deals

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    As Congress considers bipartisan legislation that would heighten regulatory scrutiny for life sciences deals involving Chinese biotech entities, companies should reassess the risks and due diligence requirements that will come with using heavily China-dependent pipelines, says Jen Maki at Ankura.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • What Cos. Must Know About EPA Water Monitoring Proposal

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    The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

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