Public Policy

  • August 25, 2026

    Bid For FCC Preemption 'Dead On Arrival,' Minn. City Says

    A Minneapolis suburb called on the Federal Communications Commission to reject a broadband provider's request for FCC preemption in a local franchise dispute because of court rulings declaring that broadband does not qualify as a telecommunications service.

  • August 25, 2026

    Marijuana Rescheduling Critics Assail Government's Standard

    An attorney with the U.S. Drug Enforcement Administration told an administrative law judge that opponents to cannabis rescheduling could not use agency hearings to challenge federal health regulators' adoption of a new standard for assessing marijuana's medical use.

  • August 25, 2026

    Ed Dept. Must Turn Over Records In Mental Health Grants Row

    A Washington federal judge Monday partly granted a group of states' bid for expedited discovery in their suit over the Trump administration's attempt to cut nearly $1 billion in funding for K-12 mental health grants, finding the information could assist the court before a hearing for a preliminary injunction.

  • August 25, 2026

    Pharmacy Asks Court To Toss Novo Nordisk Semaglutide Suit

    A pharmacy asked a Texas federal judge to toss claims brought by Novo Nordisk Inc. accusing the pharmacy of illicitly compounding a lucrative weight-loss drug called semaglutide, saying Novo Nordisk's complaint amounts to a grievance list against the compounding industry.

  • August 25, 2026

    Missouri Drops Bid To Block Minority Contracting Program

    Missouri Attorney General Catherine L. Hanaway has withdrawn her attempt to block Kansas City's contracting program for minority- and women-owned businesses after the city passed an ordinance repealing the program.

  • August 25, 2026

    Texas Workers Lose Bid To Halt IRS Wage Withholding Rules

    Two workers aren't entitled to injunctive relief from IRS regulations that directed employers to overdeduct taxes from their employees' paychecks, a Texas federal court ruled, saying the pair's injury doesn't outweigh the harm that would result from enjoining the agency from enforcing wage withholding.

  • August 25, 2026

    CFTC, Kentucky Vie For Early Win In Prediction Market Clash

    The U.S. Commodity Futures Trading Commission and Kentucky regulators dueled over whether the state's attempts to tax and limit sports-focused event contracts have harmed the federal agency in competing bids for a quick win in their ongoing dispute over prediction market regulation.

  • August 25, 2026

    Calif. County Drops Pot Fines To End Landowners' Claims

    Humboldt County, California, has agreed to settle a lawsuit with a group of landowners who complained authorities overstepped their powers in an effort to punish allegedly illegal cannabis grow operations, following a Ninth Circuit ruling in 2025 against the county.

  • August 25, 2026

    Tribe, Enviros Challenge Ariz. Copper Project Over ESA Risks

    Arizona's San Carlos Apache Tribe and two conservation groups are seeking to block an exploratory copper mine drilling project in the Galiuro Mountains and Lower San Pedro Watershed, alleging that the federal government wrongly found there were no Mexican spotted owls in the area despite photographic evidence otherwise.

  • August 25, 2026

    Feds Say Ohio Court's Arrest Rule Hampers ICE Efforts

    The Trump administration on Tuesday accused an Ohio county's municipal court of impeding its immigration enforcement efforts, contending the court's rule barring civil arrests in its facilities runs afoul of the U.S. Constitution and Immigration and Nationality Act.

  • August 25, 2026

    Mich. Judge Tosses DOJ Suit Over County Immigration Policy

    A Michigan federal judge has dismissed the Trump administration's lawsuit challenging Washtenaw County policies limiting cooperation with federal immigration authorities, ruling that the federal government cannot compel local officials to help carry out its immigration enforcement. 

  • August 25, 2026

    City Of Austin Backs Improving Emergency Alert System

    The city of Austin, Texas, has asked the Federal Communications Commission to improve its geolocating requirements for emergency alert systems, saying its systems are facing several challenges and require more precise location information.

  • August 25, 2026

    9th Circ. Says Congress Kept NSA Report Outside FOIA

    A Ninth Circuit panel has affirmed the National Security Agency's decision to not grant a Freedom of Information Act request to release a nearly six-decade-old report on the sinking of the USS Liberty.

  • August 25, 2026

    6th Circ. Urged To Affirm Tobacco Fee Suit Toss

    A trade group representing large employee benefit plan administrators wrote in support of insurance giant Progressive at the Sixth Circuit, asking the appellate court to back dismissal of a proposed class action alleging the insurer wrongfully charged workers more for healthcare who used tobacco and refused COVID-19 vaccination. 

  • August 25, 2026

    New Birthright Citizenship Order Defies Justices, Court Told

    A group of noncitizens and immigrant services organizations urged a Maryland federal court Monday to block President Donald Trump's new executive order targeting birthright citizenship following his loss at the U.S. Supreme Court, saying he "cannot unilaterally amend the Constitution."

  • August 25, 2026

    DC Circ. Backs Red Snapper Management Plan

    A D.C. Circuit panel denied a petition from commercial fishers and fish purchasers challenging an annual federal catch limit for South Atlantic red snapper, rejecting their claim that the plan's lack of a limit on dead discards violates federal law and could lead to overfishing.

  • August 25, 2026

    Judge Orders Action On Frozen Immigration Applications

    A California federal judge ordered the Trump administration to process immigration applications from natives of countries subject to entry restrictions under President Donald Trump's travel ban, certifying a class of noncitizens whose filings were frozen under a related policy.

  • August 25, 2026

    Elite Schools Get 7th Circ. Appeal In Aid-Fixing Case

    The Seventh Circuit has agreed to allow several private universities accused of colluding to set financial aid offerings to appeal a ruling certifying a class of students over questions about an economic expert's testimony.

  • August 25, 2026

    Florida AG Slams Bar Complaint Against DHS Counsel

    Florida Attorney General James Uthmeier wrote to the executive director of the Florida Bar to criticize a recent complaint made to the bar against James Percival, general counsel of the U.S. Department of Homeland Security, for attacking judges.

  • August 25, 2026

    DC Circ. Says ESA Review Wasn't Needed For EPA Air Rule

    The D.C. Circuit on Tuesday affirmed the U.S. Environmental Protection Agency's determination that retaining existing air quality standards for nitrogen oxides and particulate matter would not affect animals or plants protected under the Endangered Species Act.

  • August 25, 2026

    Asbestos Firm Objects To Connecticut's New Suit Filing Plan

    A Connecticut plaintiffs firm specializing in mesothelioma litigation has asked a Superior Court administrative panel to reconsider a decision to move all asbestos cases to the Complex Litigation Docket in Hartford.

  • August 25, 2026

    NY Telecom Faces Call Traffic Blocking, FCC Warns

    A New York-based telecom has apparently been sending illegal calls from abroad over its network and faces the possibility of downstream providers blocking all of its traffic, the Federal Communications Commission said.

  • August 25, 2026

    Mich. Panel Keeps Democratic Ballot Bids Alive Despite Error

    Democratic attorney general candidate Eli Savit and secretary of state candidate Garlin Gilchrist II can remain on track to appear on Michigan's November ballot after a state appellate panel upheld the dismissal of a lawsuit seeking to disqualify them, ruling that a lower court wrongly rejected the challenger's amended complaint but that the error was harmless. 

  • August 25, 2026

    Indian Citric Acid Faces Triple-Digit Antidumping Duties

    Imports of citric acid and certain citrate salts from India into the U.S. are facing possible large antidumping duties following a U.S. Department of Commerce preliminary determination Monday, with Commerce also finding such imports from Canada aren't being dumped.

  • August 25, 2026

    Judge Concerned About Misinformation In RealPage Case

    A Tennessee federal judge has instructed a settlement administrator in the rent price-fixing litigation against RealPage and others to send out new notices informing eligible class members they have not been left out of deals worth more than $359 million, finding counsel representing intervenors in the case may have wrongfully told parties they've been excluded.

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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