Public Policy

  • September 02, 2026

    Crypto Mine Noise Suit Belongs In State Court, Neighbors Say

    Residents of a North Carolina town suing over allegedly excessive noise coming from a nearby cryptocurrency mining and AI data center want their lawsuit bumped back down to state court, arguing the damages they're seeking fall short of the threshold required for federal jurisdiction.

  • September 02, 2026

    DOJ Says Trump's Jan. 6 Speech Was An Official Act

    The U.S. Department of Justice argued Tuesday that President Donald Trump was carrying out one of his office's "most important functions" when he urged protesters to head to the Capitol on Jan. 6, 2021, and "fight like hell," so the D.C. Circuit should deem his speech official conduct.

  • September 02, 2026

    Dems Call Subpoenas' Secrecy Request 'Abuse Of Authority'

    Democratic lawmakers Sen. Ron Wyden, Ore., and Rep. Pramila Jayapal, Wash., have called for an investigation into subpoenas issued from federal law enforcement to private companies that contain nondisclosure provisions and carry threats of legal consequences for noncompliance.

  • September 02, 2026

    Localities Say DHS Can't Tie Grant Funds To Election Process

    Governments in Tennessee, Texas and Ohio have asked a D.C. federal court to grant them a win against the U.S. Department of Homeland Security, arguing Congress did not condition receipt of counterterrorism grants on the way localities administer elections.

  • September 02, 2026

    Calif. Beats DOJ's Challenge To State Trans Athlete Policy

    A California federal judge tossed Monday the government's challenge to Golden State policies allowing transgender students to compete on sports teams that aligned with their gender identity, finding a recent U.S. Supreme Court ruling doesn't bar such policies and the government failed to notify the state of its funding restrictions.

  • September 02, 2026

    Groups Push To Revive Challenges To Trump Monument Cuts

    Coalitions of conservation groups on Wednesday asked a Washington, D.C., federal judge to reopen a series of stayed cases to try to overturn President Donald Trump's removal of millions of acres of land from the Bears Ears and Grand Staircase-Escalante national monuments in Utah.

  • September 02, 2026

    DOJ Opinion Broadens States' Duty To Report To DHS

    All state agencies in states participating in federal welfare programs must notify federal immigration officials about the presence of unauthorized immigrants, according to an opinion released Wednesday by the Justice Department's Office of Legal Counsel.

  • September 02, 2026

    Miami College Officials Claim Immunity In ICE Protest Suit

    Miami college administrators urged a Florida federal court to dismiss a lawsuit filed by students who said they were unjustly disciplined for protesting against a U.S. Immigrations and Customs Enforcement contract, saying immunity bars the complaint against them. 

  • September 02, 2026

    DC Says AC Outage Among 'Shocking' Conditions At Complex

    Washington, D.C., said Wednesday that it has sued the landlord of an affordable housing complex where residents have dealt with "shocking" conditions such as a summertime air conditioning outage, unrepaired fire damage and pest infestations.

  • September 02, 2026

    5th Circ. Presses ATF On Out-Of-State Handgun Sales

    A Fifth Circuit panel pressed the Bureau of Alcohol, Tobacco, Firearms and Explosives to explain the scope of a law barring citizens from purchasing handguns outside their state of residence, asking Wednesday what problems the government would face from the law's revocation.

  • September 02, 2026

    Judge Tosses Feds' Sanctuary Policy Fight Against Rochester

    A New York federal court tossed a lawsuit from the Trump administration challenging the city of Rochester's sanctuary immigration policies, finding the policies do not unlawfully regulate or discriminate against the federal government and are not preempted under federal law.

  • September 02, 2026

    2nd Circ. Faults NLRB's Dress Code Test In Starbucks Appeal

    The Second Circuit faulted the test the National Labor Relations Board applies to neutral dress codes that restrict workers' displays of union insignia, tossing Wednesday a ruling that Starbucks illegally barred workers at a Manhattan shop from wearing pro-union shirts. 

  • September 02, 2026

    Mich. City Says New Rules Moot Developer's Data Center Suit

    The city of Wixom said in Michigan federal court Tuesday that a developer's exclusionary zoning and due process claims over its recently enacted data center moratorium and subsequent denial of a waiver are not viable because they focus on an unapproved site plan under old rules.

  • September 02, 2026

    Calif. Bill Regulating Atty AI Use Heads To Newsom's Desk

    A bill regulating attorneys' and arbitrators' use of generative artificial intelligence has unanimously passed the California State Legislature and is headed to Gov. Gavin Newsom's desk.

  • September 02, 2026

    Colo. Exits Pharma Group's Challenge Of Drug Discount Law

    A Colorado federal court has thrown out a pharmaceutical industry trade group's challenge of a state law requiring drug manufacturers to sell discounted drugs through contracted pharmacies, finding the group failed to show the law conflicts with federal law or controls business activity beyond Colorado's borders.

  • September 02, 2026

    Lutnick Says Semiconductor Tariffs Are Coming, With Carveouts

    U.S. Secretary of Commerce Howard Lutnick on Wednesday said the U.S. is looking to issue a broad tariff on semiconductors, though he also said it would be structured such that companies that commit to U.S. manufacturing would be exempt.

  • September 02, 2026

    Wireless Provider Claims Utility Slowing Idaho Projects

    A wireless services provider claims a Washington-based public utility is slowing down its Idaho broadband deployments and charging excessive fees, asking the Federal Communications Commission to step in.

  • September 02, 2026

    Insurers Needn't Cover Retailer In 'Ghost Gun' Sale Suit

    Two insurers have no duty to defend or indemnify a Missouri-based firearm retailer accused of contributing to gun violence by selling "ghost gun" kits, a New York federal court ruled, saying the underlying claims did not allege harm caused by an accident.

  • September 02, 2026

    GAO Says FCC Needs To Ease Broadband Map Issues

    A U.S. Government Accountability Office report to congressional committees is recommending that the Federal Communications Commission work with smaller communities and providers in completing the challenge process to determine the accuracy of its mapping data.

  • September 02, 2026

    No Tax Break For SC Homeowner With Nonresident Wife

    A South Carolina homeowner was correctly denied a property tax rate for owner-occupied primary residences because his spouse was a resident of another state at the time, an administrative law judge ruled.

  • September 02, 2026

    Austrian Oil Pipe Imports Facing Possible Countervailing Duty

    Imports of certain pipes known as oil country tubular goods from Austria are in line for a possible countervailing duty after the U.S. Department of Commerce found Monday that they are benefiting from government subsidies.

  • September 02, 2026

    DOJ Ad Tech Judge Won't Break Up Google's Biz

    A Virginia federal judge on Wednesday refused to break up Google's advertising placement technology business, opting instead to grant the U.S. Department of Justice a litany of behavioral fixes aimed at limiting the search giant's ability to boost itself and the ads running through its own servers over ads from rival ad tech providers.

  • September 01, 2026

    Watchdog Sues To Unmask Feds' 'Secret' Frontier AI Review

    A nonprofit ethics watchdog accused the Trump administration in D.C. federal court Tuesday of failing to hand over information about the "secret de facto regulatory regime" governing frontier artificial intelligence models.

  • September 01, 2026

    Parler Ouster Talk Was 'Reaction' To Bad CEO, Jury Told

    Billionaire Rebekah Mercer testified Tuesday that her team's strategizing about getting rid of Parler's then-CEO was simply "reacting" to his poor performance, even before the Jan. 6 insurrection sent the social media app "to hell in a handbasket."

  • September 01, 2026

    ETF Issuers Urge SEC To Focus On Risk Over Novelty

    Exchanges and issuers urged the U.S. Securities and Exchange Commission to apply existing rules for exchange-traded funds to oversee "novel" offerings holding asset classes like crypto and event contracts, while consumer advocacy groups took a hard line against products referencing sports or election wagers.

Expert Analysis

  • Complying With Calif. Crypto License Law's 11th-Hour Rewrite

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    Financial businesses that applied early for the digital asset license now required in California should check their filings and compliance decisions against last-minute updates to the law and its rules, as overlooked changes could leave companies budgeting for nonexistent bonds, relying on an outdated exemption or racking up steep fines, say attorneys at Astraea Counsel.

  • What To Know As DOJ Antitrust Biz Review Letters Return

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    The revival of the U.S. Department of Justice Antitrust Division's business letter review program reflects a trend of engagement with the business community, but the program's value will depend on the government's response speed, depth of analysis and ability to provide meaningful practical guidance, say attorneys at MoFo.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • How Data Broker Laws Are Reaching Consumer-Facing Cos.

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    As states, most recently New Jersey, expand the scope of data broker laws to cover some customer data sharing, consumer-facing companies should reassess advertising, vendor and partner arrangements to determine whether they trigger registration, contracting and governance obligations, says Sam Castic at Hintze Law.

  • How Axing SEC Trade-Through Rule Could Reshape Markets

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    The proposed elimination of a Securities and Exchange Commission rule that mandates a price benchmark for equity securities trades could allow blockchain-based trades to compete with legacy frameworks in registered markets, potentially serving as a test case for updated regulatory models, say Alex Zozos at Superstate, and Lewis Rinaudo Cohen and Edward Leaf at Cahill Gordon.

  • What Regulatory 'Reputation Risk' Purge Means For Banks

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    Banks should expect closer scrutiny of account closures and service denials after federal regulators recently stripped "reputation risk" from supervisory guidance, and should tie customer decisions to documented, objective legal and financial criteria to protect against debanking-related enforcement, say attorneys at Troutman.

  • Student Loan Revamp Leaves Bankruptcy Untouched

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    Recent changes to the Graduate PLUS student loan program may moderate borrowing and simplify repayment, but they may also shift financial distress into a bankruptcy system whose treatment of educational debt remains largely unchanged, say Jaclynn McDonnell at Stevens & Lee.

  • What 'Good Faith' Means In Calif.'s 1st Climate Reporting Year

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    Initial submissions to California's corporate greenhouse gas emissions reporting program are due this month — and for regulated businesses, the first-year issue is not whether CARB has answered every implementation question, but how a company can make its good faith compliance efforts provable later, says Thierry Montoya at FBT Gibbons.

  • 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.

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