Public Policy

  • October 08, 2026

    US Atty Video Lets Harvard Researcher Probe Motive

    A rare video statement released by Massachusetts U.S. Attorney Leah Foley after her office charged a Russian national and Harvard researcher with smuggling frog embryos last year could be seen as "objective evidence" that the prosecution was driven by vindictiveness, a federal judge said on Thursday.

  • October 08, 2026

    GAO To Investigate CFTC Staffing Cuts After Warren Request

    The U.S. Government Accountability Office will investigate the impact of staffing cuts at the U.S. Commodity Futures Trading Commission, after Sen. Elizabeth Warren, D-Mass., urged the watchdog agency to probe whether the cuts impacted the CFTC's ability to fulfill its responsibilities and whether they are legally sound.

  • October 08, 2026

    Colo. Landowners Sue To Block Data Center

    Colorado landowners sued Weld County and a data center developer, alleging that the county unlawfully approved the first phase of what they say will be the state's largest data center despite concerns about its water and electricity needs, noise pollution and violations of public meeting requirements.

  • October 08, 2026

    NCUA's 2-Week Leadership Gap Draws Senate Dem Scrutiny

    The Senate Banking Committee's top Democrat is seeking more details on an unusual gap in leadership that took place this summer at the National Credit Union Administration, questioning how the agency continued to function with an empty governing board.

  • October 08, 2026

    FTC's Meador Urges EU To Adopt Case-By-Case Enforcement

    Federal Trade Commission member Mark Meador on Thursday argued digital market rules in the U.K. and the European Union undermine international cooperation with U.S. antitrust and consumer protection enforcers, in the latest Trump administration admonishment of the policies.

  • October 08, 2026

    DOJ Says Denver's Mask Ban Threatens Officers' Safety

    The Trump administration sued the city of Denver and its officials in Colorado federal court Thursday, alleging the city's new ordinance that bans facial coverings for federal law enforcement officers is unconstitutional and threatens officers' safety.

  • October 08, 2026

    USPTO Plan To Limit AIA Reviews Is In White House's Hands

    Rules proposed by the U.S. Patent and Trademark Office to place new limits on patent challenges are being scrutinized by a White House agency, which has held dozens of meetings with groups advocating for and against the plan in recent weeks.

  • October 08, 2026

    Coastal County Tells Texas Justices It's Free To Tax Stored Oil

    A Texas county's property tax on stored oil that companies said was bound for export doesn't violate the import-export clause of the U.S. Constitution, the county told the state's high court Thursday, saying a significant amount of oil remained in the state.

  • October 08, 2026

    DOT Tells 2nd Circ. Congestion Pricing Fight In Wrong Court

    The Trump administration doubled down on its efforts to eliminate New York's congestion pricing, telling the Second Circuit that the underlying contract dispute was heard in the wrong court and that it shouldn't be handcuffed to now-disfavored policies of earlier administrations anyway.

  • October 08, 2026

    Kratom Cos. Say Baltimore Overreached With Marketing Suit

    Three kratom sellers and distributors are asking a Maryland federal court to throw out a suit from the city of Baltimore alleging they misled consumers about the addictive nature of kratom, and saying the city is trying to step into enforcement shoes that are meant to be filled by state actors.

  • October 08, 2026

    Gildan Changes T-Shirt Contract Terms After FTC Pressure

    The Federal Trade Commission said Thursday that T-shirt manufacturer Gildan Activewear SRL has removed terms from its supply agreement with distributor S&S Holdings LLC that prevented Gildan from offering better prices to competing distributors.

  • October 08, 2026

    No Sign Of A Final Whistle For NCAA Eligibility Suits

    New NCAA rules and a looming U.S. Senate bill could lead to a decrease in court fights over athletes' eligibility, but the huge dollars at stake and athletes' desire to extend their careers mean that litigation is not going to disappear anytime soon.

  • October 08, 2026

    Trade Court Remands Commerce's Freight Coupler Duties

    The U.S. Department of Commerce failed to sufficiently explain how attached freight couplers are within the scope of countervailing and antidumping duties placed on freight rail couplers imported from China, the U.S. Court of International Trade ruled Thursday, remanding the matter back to Commerce for further explanation.

  • October 08, 2026

    ICE Policy Halting Biometrics Collection On Hold

    A D.C. federal judge has put a hold on the U.S. Department of Homeland Security's policy of refusing to collect biometric information needed to process immigration applications for detained immigrants.

  • October 08, 2026

    DA Looks To Stifle Subpoena In NC Digital Court Class Claims

    A local district attorney is seeking to quash a subpoena in a proposed class action alleging glitches in North Carolina's electronic court system led to scores of individuals being wrongfully arrested or detained, calling the request "overly broad" and "unduly burdensome."

  • October 08, 2026

    FDA Expects Mifepristone Safety Review Results By March

    The U.S. Food and Drug Administration anticipates finishing its safety evaluation of mifepristone by March 2027, suggesting a longer horizon for its review of regulations allowing the abortion drug to be dispensed remotely, according to a report filed by the agency in Louisiana federal court.

  • October 08, 2026

    IP Rights Group Urges Against Litigation Funding Disclosure

    An inventor rights advocacy group has told a federal courts rules committee that requiring the disclosure of who is funding civil litigation would put independent inventors at a disadvantage when trying to enforce patents against a larger company.

  • October 08, 2026

    11th Circ. Voids Fla. Septic Permit Ban Over New FWS Rule

    The Eleventh Circuit issued a win Thursday for Florida environmental regulators who had been ordered to temporarily stop issuing new septic tank permits over concerns for the well-being of manatees, saying the lower court relied on a federal rule that was no longer valid.

  • October 08, 2026

    Pa. Justices To Hear Philly's Suit Over Opioid-Spurred Crime

    The Pennsylvania Supreme Court has agreed to weigh in on whether the city of Philadelphia can sue CVS Pharmacy Inc. and other stores under state public nuisance laws for allegedly exacerbating the opioid epidemic with their prescription drug sales.

  • October 08, 2026

    New Fraud Division Flexes Might In Latest Enforcement Policy

    The National Fraud Enforcement Division's new corporate enforcement policy emphasizes the quick pursuit of certain types of fraud through data analysis and staff resources, expands the target list beyond traditional healthcare providers and highlights the division's growing dominance within the U.S. Department of Justice, experts say.

  • October 08, 2026

    Amex Fined $350M Over Anti-Money Laundering Lapses

    American Express has been fined $350 million over findings of systemic deficiencies in its banking unit's anti-money laundering program, including for alleged failures to properly detect and report $13 billion in potentially illicit activity over roughly a decade, federal regulators said Thursday.

  • October 08, 2026

    High Court Puts 4th Circ. Political Ad Rate Ruling On Ice

    The U.S. Supreme Court on Thursday stayed a Fourth Circuit ruling that directed the Federal Communications Commission to review an agency staff decision requiring broadcasters charge the lowest political ad rates for committees tied to candidates.

  • October 08, 2026

    Pa. Legislators Want More Time To Regulate 'Skill Games'

    Three Pennsylvania lawmakers and a coalition of "skill games" operators want the state Supreme Court to extend a deadline before police start seizing the game terminals, hoping to give the state Legislature more time to pass a law governing the games after the court found them to be illegal slot machines.

  • October 08, 2026

    Fed. Circ. Presses Inventor On SAWS Bias Challenge

    Federal Circuit judges appeared skeptical of an inventor's argument that the U.S. Patent and Trademark Office's controversial and now discontinued "sensitive" patent applications program derailed his application for a patent on a type of internal combustion engine in violation of his constitutional rights.

  • October 08, 2026

    Sen. Scott Can Trim Booz Allen Tax Info Leak Suit, Judge Says

    Sen. Rick Scott can narrow his suit over an IRS contractor's leak of his tax returns to proceed only on a negligence claim against Booz Allen Hamilton in Florida federal court, a judge ruled, saying the trim avoids overlapping litigation after claims against the leaker were transferred.

Expert Analysis

  • Calif. AV Notices Reshape Crash Data Preservation, Discovery

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    California's new autonomous vehicle noncompliance notice process does not decide fault or establish that an AV is unsafe, but it can create a contemporaneous regulatory record and accelerate decisions about what crash-related data must be preserved, reviewed and potentially disclosed in litigation, says attorney Lem Garcia.

  • Testing AI's Promise For Large-Scale Document Review

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    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • AG Watch: Va. Vape Product Regulations Enter A New Phase

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    Virginia's new vape enforcement framework carries important implications related to product eligibility and certification requirements for businesses operating in the marketplace, representing the culmination of several years of legislative action, regulatory development, litigation and interagency planning, says Chuck Slemp at Cozen O'Connor.

  • Opinion

    Colo. Climate Suit Defies Limits Of State Power

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    In Suncor Energy v. Boulder County, the U.S. Supreme Court must not allow a single Colorado county to penalize pollution occurring across the country and around the globe, because the U.S. Constitution forbids states from exercising power beyond their borders, says Michael McGinley at Dechert.

  • What's Next For Prediction Markets If States Win At High Court

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    While the Supreme Court hasn't taken up a prediction market case yet, a high court win for the states in their quest to regulate the exchanges would likely mean a wave of state legislature bills and regulatory guidance arriving on different timelines, rather than a single uniform transition, says Howard Herndon at Bradley Arant.

  • FDIC Standards Body Could Ease Bank Vendor Due Diligence

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    The Federal Deposit Insurance Corp.'s recently proposed standards body for bank vendors could streamline due diligence and onboarding, but banks and their third-party service providers alike should still monitor open questions around oversight, certification costs and governance, say attorneys at Clark Hill.

  • Navigating A Key Inflection Point In Biosimilar Sector M&A

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    As biosimilar mergers and acquisitions gain notice amid U.S. Food and Drug Administration reforms, a maturing patent framework and a looming patent cliff, companies diversifying into the higher-growth biologics space should align their regulatory, intellectual property and transactional strategies, say attorneys at Skadden.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • How Employers Can Navigate NLRB Rulings Ripe For Reversal

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    Given a recent National Labor Relations Board memo seeking to reverse several precedents — including on severance agreements and workplace policies — employers should prepare now to restore broader protections when the board acts, while following the law as it exists today, says Howard Lavin at Thompson Coburn.

  • What Comes Next For Digital Asset Regs After Clarity Act Flop

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    After the U.S. Senate recently blocked the Digital Asset Market Clarity Act, agency rulemaking could still offer a near-term remedy, and companies meanwhile should monitor the existing framework assembled from enforcement precedent and case law in the absence of a purpose-built statute, say attorneys at Ropes & Gray.

  • FDA Bill Shows Risk Of Inexact Statute Text, Post-Loper Bright

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    A recent House bill to amend the Food and Drug Administration's drug preclusion framework reveals the increased importance of precision when drafting statutory rules in a post-Loper Bright landscape, as several minor errors in the text could lock in unintended results that will be difficult to repeal, say attorneys at Venable.

  • Species 'Harm' Definition Rollback Brings Risk For Developers

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    A rule recently adopted by federal agencies rescinds the definition of "harm" in Endangered Species Act regulations to exclude habitat destruction — but while the move is aimed at reducing regulatory burdens, it creates new uncertainty for developers, and may trigger increased environmental protections in California, say attorneys at Cox Castle.

  • $95M Nev. Case Provides Clues On Wound Care Enforcement

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    Federal prosecutors’ recent U.S. v. Dubin indictment, charging a Nevada physician with healthcare fraud over an alleged $95 million Medicare billing scheme involving amniotic wound allografts, provides a clearer picture of an increasingly data-driven enforcement strategy that follows the entire wound care transaction, say attorneys at Bass Berry.

  • DOJ Fraud Memo Highlights Trade Enforcement Playbook

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    A recent U.S. Department of Justice memo that outlines the Fraud Enforcement Division's priorities demonstrates that customs and trade fraud enforcement has entered a new and far more aggressive phase, with recent cases highlighting how the False Claims act is driving the new push, say attorneys at Foley & Lardner.

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