Public Policy

  • August 26, 2026

    DOJ Adds Philly Detainer Ban To 'ICE Out' Challenge

    The U.S. Department of Justice has expanded federal litigation against the city of Philadelphia over its "ICE Out" legislative package requiring immigration agents to remove their masks, now also targeting a bill prohibiting local law enforcement from holding noncitizens convicted of state crimes for transfer to federal custody for deportation.

  • August 26, 2026

    Trucking Groups Urge Full 5th Circ. To Mull Penske Liability

    Trucking industry groups contend the Fifth Circuit unjustifiably expanded liability for upstream motor carriers when it recently held that trucking services giant Penske Logistics LLC could be held vicariously liable for a fatal 2018 Texas collision caused by a motor carrier that Penske knew nothing about.

  • August 26, 2026

    Feds Urge 6th Circ. To Affirm $100M DTE Clean Air Act Penalty

    Several DTE Energy Co. entities should not be allowed to escape a $100 million civil penalty a Michigan federal judge imposed for Clean Air Act violations at a coke production facility near Detroit, the U.S. Department of Justice has told the Sixth Circuit.

  • August 26, 2026

    Feds Aim To Give Employers Clarity On Wellness Programs

    The U.S. Department of Labor and other federal agencies on Wednesday issued guidance on employer wellness programs that permit fees on workers' health premiums for things like tobacco use, which the agencies said was in response to legal questions raised by numerous recently filed class action federal benefits lawsuits.

  • August 26, 2026

    Ky. FM Stations Didn't Follow Licensing Rules, FCC Says

    The licensee of four Kentucky FM radio stations reached an agreement with the Federal Communications Commission to end a probe into whether it failed to file the stations' license renewals on time and left them off the air without permission.

  • August 26, 2026

    Fla. Firm Must Face Fiduciary Breach Suit Over Property Deal

    A Florida state appeals court on Wednesday reversed an order dismissing a lawsuit brought by a property company alleging that Hoffman Larin & Agnetti PA and one of its attorneys aided and abetted a breach of fiduciary duty while representing a third party claiming an interest in a property owned by the company.

  • August 26, 2026

    Ore. Homeowner Hit With $19K In Fees, Penalties By Tax Court

    An Oregon homeowner must pay $15,000 in attorney fees and $4,000 in penalties after consistently maintaining an unreasonable position in challenges to his property tax assessment, the state tax court ruled Tuesday.

  • August 26, 2026

    Former Gov't Attys Back DOJ's Challenge To DC Ethics Bodies

    Ex-Justice Department leaders are throwing their support behind the DOJ's suit challenging alleged "unconstitutional overreach" by Washington, D.C., attorney disciplinary authorities in their handling of an ethics complaint against former Assistant Attorney General Jeffrey Clark.

  • August 26, 2026

    3rd Circ. Says McIver Lacks Immunity In ICE Assault Case

    A panel of Third Circuit judges on Wednesday rejected claims from Rep. LaMonica McIver, D-N.J., that her congressional role protects her against criminal charges alleging she forcibly interfered with and obstructed federal officers at an immigration detention facility.

  • August 26, 2026

    Mass. State Rep. Charged In $700K COVID Relief Fraud

    A Massachusetts lawmaker was arrested early Wednesday on charges that he engaged in a series of schemes to fraudulently obtain more than $700,000 from COVID-19 pandemic-era relief programs, flipping some of the funds into higher-interest mortgages to others and paying campaign expenses, federal prosecutors said.

  • August 26, 2026

    Next Phase Of IEEPA Refund System 'Temporarily Delayed'

    U.S. Customs and Border Protection has "temporarily delayed" the rollout of the next portion of its system for refunds of the struck-down global tariff regime while it makes sure the system doesn't incorrectly affect other paid duties, it told the U.S. Court of International Trade.

  • August 26, 2026

    MyPillow CEO Lindell Appeals Smartmatic Sanctions Order

    MyPillow CEO Mike Lindell has appealed a D.C. federal judge's sanctions order against him for filing what the court said were "frivolous" third-party claims and counterclaims against election systems company Smartmatic.

  • August 26, 2026

    Flock Surveillance Cameras Enable Stalking, Class Suit Says

    Flock's nationwide vehicle surveillance system has repeatedly been used for "personal surveillance and stalking" rather than for proper law enforcement purposes, a driver said in a proposed class action in Georgia federal court.

  • August 26, 2026

    Meta Makes $17B Deal With States Over Child Harms

    Meta has agreed to pay up to $17.1 billion and enact reforms to Facebook and Instagram to resolve sprawling social media addiction claims, in the midst of a high-stakes bellwether trial over whether the company hid or downplayed its platforms' allegedly harmful impact on minors, state enforcers say.

  • August 25, 2026

    4th Circ. Blocks FCC Campaign Ad Pricing Guidance

    While political candidates are entitled to the lowest advertising rate radio and television stations can charge, political parties and joint fundraising committees with noncandidate members are not, a split Fourth Circuit ruled Tuesday, wiping out recent Federal Communications Commission guidance.

  • August 25, 2026

    'News To Me': Instagram CEO Unaware Its Attys Deleted Data

    Instagram's CEO appeared to be taken by surprise Tuesday during a California federal jury trial over claims Meta hid social media's harms, after the states revealed that Instagram's in-house counsel removed data from a teen-safety presentation before presenting it to minimize his "litigation exposure risk," saying "this is all news to me."

  • August 25, 2026

    Ex-OCC Counsel Joins Clark Hill's Banking Practice

    Clark Hill PLC has expanded its financial services regulatory roster with the addition of a longtime member of the Office of the Comptroller of the Currency's law department who advised on bank exam issues, appellate litigation and corporate applications at the national bank regulator.

  • August 25, 2026

    Calif. Law Requiring Cop ID Can't Apply To Feds, 9th Circ. Told

    The Trump administration urged the Ninth Circuit during oral arguments Tuesday to find that a section of California law requiring law enforcement officers to visibly display identification can't apply to federal officers, saying "nothing has changed" since the court blocked that section under the Supremacy Clause pending this appeal.

  • August 25, 2026

    9th Circ. Panel Largely Upholds Block On Feds' Grant Terms

    A divided Ninth Circuit panel Tuesday mostly upheld an injunction blocking the Trump administration from imposing new grant restrictions on transportation and housing funding for dozens of local governments, concluding federal agencies likely overstepped their authority by barring the money from being used to promote "gender ideology" or "illegal immigration."

  • August 25, 2026

    Meta Should Keep Research Internal, Data Whiz Tells Jury

    A high-ranking Meta data analyst told a Tennessee jury Tuesday that the social media giant shouldn't release its user research publicly because he saw during a famous leak the danger that such research will be "misinterpreted and misrepresented."

  • August 25, 2026

    Calif. Data Broker Tool Sign-Ups Hit 500K As Deletions Begin

    Data brokers in California have deleted "tens of millions" of records since their obligation to comply with requests made through a new consumer data deletion tool kicked in earlier this month, the state's privacy regulator said Tuesday, while announcing that registrations for the first-of-its-kind platform had reached the half-million mark.

  • August 25, 2026

    DC Circ. Won't Revive Standard General's FCC Bias Suit

    The D.C. Circuit does not believe that the Federal Communications Commission took part in a racist conspiracy to kill Standard General hedge fund manager Soo Kim's $8.6 billion merger with broadcaster Tegna and has affirmed the dismissal of his lawsuit claiming such.

  • August 25, 2026

    Pot Shop Seeks Quick Win Against Jushi On Antitrust Claims

    A Massachusetts dispensary is urging a federal court to rule that cannabis giant Jushi Holdings and others violated antitrust law by using a $10 million merger provision designed to block the dispensary from opening a nearby store, causing it to ultimately crumble.

  • August 25, 2026

    Ex-Taro Exec Slips Some Generics Price-Fixing Claims

    A Connecticut federal judge gave a former Taro Pharmaceuticals USA Inc. marketing executive a partial victory in generic drug price-fixing litigation, tossing several claims by state attorneys general but allowing others to proceed after finding that a jury could conclude he joined certain conspiracies.

  • August 25, 2026

    NRDC Says EPA Let Cleveland Polluters Dodge Smog Cuts

    The Natural Resources Defense Council on Tuesday asked the Sixth Circuit to review the U.S. Environmental Protection Agency's approval of a plan Ohio submitted for smog pollution in the Cleveland area, and accused the agency of giving a "free pass" to major polluters.

Expert Analysis

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • 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.

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