Public Policy

  • 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.

  • November 02, 2026

    Judge Tosses DOJ's Harvard Admissions Data Suit For Now

    A federal judge Monday threw out a lawsuit alleging Harvard University is withholding admissions data from the Trump administration, finding the government failed to take certain required steps before hauling the school into court.

  • November 02, 2026

    Trump To Remove Rwanda, South Africa From Trade Deal

    President Donald Trump intends to remove Rwanda and South Africa from a trade preference program for African countries, according to a statement released by the Office of the U.S. Trade Representative on Monday.

  • November 02, 2026

    Reform But Don't Gut FCC Subsidies, Rural Telecoms Say

    Rural telecom providers say the Universal Service Fund needs reforms to run more smoothly, but they cautioned the Federal Communications Commission against structural changes that could disrupt the program.

  • November 02, 2026

    5th Circ. Skeptical Chinese Citizens Have Right To Texas Land

    A Fifth Circuit panel wants to know if Chinese citizens who wish to purchase property in Texas are arguing that everyone in the world has a constitutional right to do so, asking Monday if people globally "have the right to be treated as U.S. citizens for purposes of purchasing property in Texas."

  • November 02, 2026

    BigLaw Attys Step Up To Help Voters In Midterm Elections

    Attorneys from several BigLaw firms are volunteering across the country to make sure voters don't run into problems casting their ballots or having those ballots counted in Tuesday's midterm elections.

  • November 02, 2026

    'Our Bad': Feds' First Step Act Argument Surprises Justices

    Some U.S. Supreme Court justices considering a First Step Act case Monday appeared caught off guard by a government lawyer's argument that the defendant's impending release from prison renders the appeal moot.

  • November 02, 2026

    Union, Groups Challenge Trump's 'Noncitizen' Ballot Demand

    A labor union and two voter advocacy groups have asked a Washington federal court to stop President Donald Trump's administration from pressuring state election officials to set aside ballots from about 400 registered voters federal agencies believe are or were noncitizens.

Expert Analysis

  • Managing Employer Risk Under Calif.'s No Robo Bosses Law

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    California's No Robo Bosses Act marks the state's first statutory limit on using artificial intelligence in employee discipline and termination decisions, creating exposure for employers through its corroboration and notice requirements, burden-shifting framework, and potential reach under the Private Attorneys General Act, say attorneys at Reed Smith.

  • IRS Rule May Put Private Schools' Exempt Status At Risk

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    In light of recently proposed Treasury regulations that would narrow the options for diversifying student communities, private schools should reexamine how race enters their admissions, financial aid and student programs or risk losing tax-exempt status, say attorneys at Atkinson Andelson.

  • AG Watch: Minnesota Takes Action To Secure Child Safety

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    Minnesota Attorney General Keith Ellison has built one of the most aggressive and structurally coherent child protection enforcement programs in the country, targeting consumer-facing sectors that his office has concluded prey on minors, such as tobacco and nicotine, social media platforms, and artificial intelligence, say attorneys at Crowell & Moring.

  • Southern Glazer's Deal Tests FTC's Robinson-Patman Push

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    A California federal court's recent decision in Federal Trade Commission v. Southern Glazer's secures a rare Robinson-Patman Act pricing limitations agreement, but conditions attached to the decision indicate that practitioners may only see a handful of new private RPA cases a year, says Steven Cernak at Bona Law.

  • Opinion

    The SEC Crypto Proposal Rests On A Term No One Can Define

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    The U.S. Securities and Exchange Commission's recently proposed Regulation Crypto Assets is its most ambitious attempt to set rules for the crypto industry, but its repeated use of the phrase "essential managerial efforts" means it perpetuates the uncertainty the regime is meant to cure, says Joseph A. Hall at Davis Polk.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

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    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Opening Up Fraud Talks With Customers After SAR Guidance

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    Federal financial regulators’ recent statement that the Bank Secrecy Act permits financial institutions to discuss potential fraud with customers, provided they don’t reveal the existence of any suspicious activity reports, means banks that have been tighter-lipped than regulations require can consider passing additional useful information on to customers, say attorneys at MoFo.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

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    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • Unpacking FDIC's Modernized Bank Merger Review Rules

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    The Federal Deposit Insurance Corp.'s proposed revisions to its Bank Merger Act review process are a shift from its more skeptical prior posture toward a more structured and transaction-facilitative approach, though some broader uncertainty remains concerning antitrust alignment with the U.S. Department of Justice, say attorneys at Simpson Thacher.

  • FTC's BOTS Act Blitz Raises Stakes For Ticket Resellers

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    Recent lawsuits and enforcement actions brought by the Federal Trade Commission under the Better Online Ticket Sales Act signal sustained ticket industry enforcement, but industry actors can reduce risk by screening practices and partnerships related to ticket purchasing, and evaluating the scale of their ticket operations, say attorneys at Holland & Knight.

  • AGs' Paramount Settlement Reflects States' Growing Influence

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    The recent California federal court approval of the California v. Paramount Skydance settlement illustrates how state attorneys general are gaining new independence and influence, and companies must account for state enforcement when assessing merger risks ahead of a deal's closing, say attorneys at Norton Rose.

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

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    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

  • 6th Circ. Spotlights Cannabis Contract Enforceability Risks

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    The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

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    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

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