Public Policy

  • 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.

  • September 01, 2026

    Copyright Chief Says Cook Ruling Bolsters Firing Challenge

    The U.S. Copyright Office's Shira Perlmutter has asked the D.C. Circuit to reverse a federal judge's refusal to block her firing by the Trump administration, arguing that the U.S. Supreme Court's June decision protecting Federal Reserve Gov. Lisa Cook undercuts the lower court's reason for denying her preliminary relief.

  • September 01, 2026

    Satellite Permitting, Robocall Bills Sail Through Subcommittee

    The SAT Streamlining Act was one of half a dozen bills that breezed through a House energy and commerce subcommittee Tuesday afternoon, with lawmakers managing to get all six bills sent along to the full committee in under an hour.

  • September 01, 2026

    VA Judge Blocks Effort To Limit Local ICE Cooperation

    A federal judge in Virginia granted the government's motion for a preliminary injunction to prevent the Commonwealth of Virginia's efforts to regulate cooperation between state, local and federal immigration enforcers.

  • September 01, 2026

    SEC Sends White House Plan For Retail Private Market Access

    The U.S. Securities and Exchange Commission's Division of Investment Management has submitted to the White House a proposal to help facilitate retail investors' exposure to private markets and enable investment advisers to charge related performance fees, saying it could provide more opportunities for investors looking to diversify their portfolios.

  • September 01, 2026

    DC Circ. Reinstates Bergdahl Court-Martial Conviction

    The D.C. Circuit ruled Tuesday that a district court judge lacked jurisdiction to vacate Bowe Bergdahl's 2017 court-martial conviction for desertion, finding that only military appellate courts can directly overturn court-martial judgments and reversing a summary judgment decision that voided the conviction.

  • September 01, 2026

    High Court Case Looms Over State Climate Superfund Fights

    A federal judge has dealt a blow to the viability of state climate change Superfund laws, although experts say the ruling may ultimately be marginalized by a looming U.S. Supreme Court decision on the future of climate tort litigation against fossil fuel companies.

  • September 01, 2026

    NJ Gov. Renews Judicial Advisory Panel With 5 Newcomers

    New Jersey Gov. Mikie Sherrill expanded and reshaped the state's Judicial Advisory Panel on Monday, issuing an executive order that adds an eighth seat on the panel and replaces four of its longtime members, including three former state Supreme Court justices who had served under previous administrations, with new appointees.

  • September 01, 2026

    DirecTV Says Emergency Alert Symbols Are A Hard Sell

    The Federal Communications Commission's heart was in the right place when it floated the idea of requiring emergency alerts to include visual symbols, but satellite television providers just aren't set up to display those symbols, DirecTV has told the agency.

  • September 01, 2026

    Enviro Groups Sue Forest Service To Halt Logging Project

    Environmental groups led by the Center for Biological Diversity launched a legal challenge in Washington federal court Monday to the U.S. Forest Service's approval of a logging project in the Methow Valley, saying the project would diminish old-growth forests and imperil Northern spotted owls and bull trout.

  • September 01, 2026

    Lumen Beats $1.4B Pension Swap Suit

    A Colorado federal judge on Tuesday ruled in favor of Lumen Technologies in a class action regarding $1.4 billion in pension obligations transferred to a risky insurance company, saying that plan participants could not show they suffered a current cognizable harm of loss of protections and the threat of impending injury was unconvincing.

  • September 01, 2026

    Abbott, Paxton Feud Over Authority To Settle With Feds

    Texas Gov. Greg Abbott told a Texas federal court that he, as the state's "chief executive officer," must sign off on a potential settlement with the federal government over a border barrier dispute, feuding with his state's attorney general.

  • September 01, 2026

    Unified, Industry Orgs. Again Push Justices On PTAB Policies

    Unified Patents, Clearing House Payments subsidiary Askeladden and a series of industry groups have continued pressing the U.S. Supreme Court to accept petitions addressing the U.S. Patent and Trademark Office's patent review authority, this time in a case brought by Tesla.

  • September 01, 2026

    Treatment Centers Cited Over Unpaid Work By Patients

    Massachusetts' attorney general on Tuesday announced a first-of-its-kind citation of over $1 million against a faith-based substance use treatment program for allegedly having hundreds of participants perform unpaid work, including landscaping and moving, for businesses.

  • September 01, 2026

    Colo. Panel Mulls Enviro Groups' Challenge To Emission Rule

    Environmental advocacy groups urged a Colorado appellate court to revive their challenge to a state agency's rule on emissions monitoring, arguing Tuesday that the rule allows most polluters to escape certain monitoring requirements by paying a fee, while the judges focused counsel on questions of statutory interpretation.

  • September 01, 2026

    Noncitizens Sue DHS Over 'Fine Everyone Policy'

    Five noncitizens have filed a proposed class action accusing the U.S. Department of Homeland Security of illegally fining noncitizens who enter the U.S. without authorization, issuing the fines retroactively and far from the border in violation of a narrowly drafted charging provision in the 2025 federal budget reconciliation law. 

  • September 01, 2026

    HHS Seeks 9th Circ. Review Of Tribal Opioid Clinic Order

    The U.S. Department of Health and Human Services has appealed to the Ninth Circuit for a review of a lower court order requiring the HHS' Indian Health Service to fund a Pechanga Band of Indians' opioid treatment facility.

  • September 01, 2026

    4 Mass. Rulings You May Have Missed In August

    Three fertility doctors defeated claims they violated a nonsolicitation agreement, while a consulting company failed in its effort to amend a four-year-old contract suit that has already been extensively litigated, among other notable Massachusetts state court rulings in August.

Expert Analysis

  • 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.

  • 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.

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