Public Policy

  • September 03, 2026

    CFTC Says CME Perps Fight Is 'Much Ado About Nothing'

    The U.S. Commodity Futures Trading Commission told a D.C. federal judge that the Chicago Mercantile Exchange's suit over the agency's approval of Kalshi's bitcoin perpetual futures contract is "much ado about nothing" since the derivatives exchange is free to list its own version of the product.

  • September 03, 2026

    Kavanaugh Stays Out Of Mich. Voter ID Referendum Row

    U.S. Supreme Court Justice Brett Kavanaugh declined Thursday to wade into a dispute over Michigan election officials' refusal to put on ballots this November a proposed amendment to the state's constitution that would require voters to show proof of U.S. citizenship to participate in state and local elections.

  • September 03, 2026

    8 Patent Reviews Instituted By Squires, Only 1 Denied

    In his latest round of decisions, U.S. Patent and Trademark Office Director John Squires instituted eight patent reviews Wednesday and rejected only one challenge.

  • September 03, 2026

    Connecticut Has 'No Ability' To Regulate ICE, Judge Told

    The state of Connecticut cannot impose its own masking, identification or use-of-force standards on federal officers like U.S. Immigration and Customs Enforcement agents, the U.S. Department of Justice told a federal judge Thursday in seeking to kneecap a new state law.

  • September 03, 2026

    Judge Tosses NY License Rule Over Pot Shop Proximity

    New York cannabis regulators cannot decide at the eleventh hour whether they will grant waivers permitting certain kinds of dispensary applicants to open within 1,000 feet of a rival, a state court has ruled after finding that officials arbitrarily denied an entrepreneur's request to open a Niagara Falls shop near a competitor.

  • September 03, 2026

    Ga. School District Wants Early Win In Nixed Job Offer Suit

    A Georgia school district asked a federal judge to grant it an early win in a high school Spanish teacher candidate's lawsuit alleging her job offer was rescinded after school officials discovered online comments alleging the administration of former President Joe Biden unfairly targeted her spouse's firearm business.

  • September 03, 2026

    Mich. Court Keeps Ann Arbor Public Power Measure On Ballot

    A Michigan appellate panel has kept a proposal to create a municipal electric utility in Ann Arbor on the November ballot, ruling that the city clerk was not clearly required to reject supplemental petition signatures submitted after the proposal's initial filing. 

  • September 03, 2026

    Pa. Opens Home Care Wage Probes Covering 100K Workers

    Pennsylvania is planning to step up enforcement of wage laws for home care employees, the state's labor secretary has announced, saying these workers are particularly vulnerable to wage theft.

  • September 03, 2026

    Ga. City, Ex-Court Admin To Mediate Retaliation Dispute

    A federal judge has stayed a former court administrator's suit alleging the city of East Point, Georgia, fired her for complaining about a city council member's attempt to have a relative's court fine withdrawn, saying the parties intend to mediate.

  • September 03, 2026

    Phil Berger Jr. Won't Seek Reelection To NC High Court

    North Carolina Supreme Court Associate Justice Phil Berger Jr. said Thursday that he will not seek another term in 2028, meaning the Republican justice will leave the state's highest court after completing his current term.

  • September 03, 2026

    Doctor Supervision Regs Unconstitutional In NC, Nurse Says

    North Carolina must do away with regulations requiring nurse practitioners to enter practice agreements with supervising physicians, an owner of several clinics providing menopause-related care argued in a state court complaint, alleging the regulations are arbitrary, costly and violate the state's constitution.

  • September 03, 2026

    Federal Judge Warns Threats Imperil Judicial Independence

    U.S. District Judge Beth Bloom of the Southern District of Florida told Law360 that judges and members of the bar need to educate the public on the judiciary's important role in American democracy to combat increasing threats, speaking following the release of two reports this week that warn of safety concerns for judges and that defiance of court orders is undermining the federal judiciary's independence.

  • September 03, 2026

    Pirro Urges House Ethics Panel To Refer Crime Claims To DOJ

    U.S. Attorney for the District of Columbia Jeanine Pirro has told the House Ethics Committee that as cases involving criminal misconduct come before it, her office should be involved too.

  • September 03, 2026

    Ex-IRL App CEO Says Prosecutors Ignored Ethics Breaches

    The co-founder of defunct social app IRL is fighting fraud charges by claiming that the U.S. attorney's office prosecuting him is conflicted because an attorney who formerly defended IRL in an SEC investigation and is now with the office pushed for him to be charged — and he is disputing prosecutors' denial of impropriety. 

  • September 03, 2026

    Judge Suggests Mail Ballot Rule Too Late For Midterms

    A Massachusetts federal judge appeared poised Thursday to extend her block on the U.S. Postal Service implementing new requirements that would allow the agency to refuse to deliver potentially thousands of mailed ballots this November, suggesting the midterm elections are too close to make such a sweeping change.

  • September 03, 2026

    EU Council OKs Bloc Customs Modernization Program

    A suite of changes aimed at modernizing the European Union's customs administration to help it handle the e-commerce boom is on the precipice of implementation after the Council of the EU approved them Thursday, teeing up a final vote in the European Parliament.

  • September 03, 2026

    SEC Sues LSU Over Efforts To Put Ex-NFL Players On Roster

    The Southeastern Conference sued Louisiana State University in Alabama federal court Thursday, asking a judge to affirm the conference's right to impose penalties against the school if it decides to place players who had previously appeared in NFL preseason games on its roster.

  • September 03, 2026

    11th Circ. Won't Toss Grouper Catch Limit Over Council Defect

    An Eleventh Circuit panel Thursday agreed the structure of a regional fishery management council runs afoul of the U.S. Constitution's appointments clause, but refused to throw out a challenged rule that reduced catch limits for gag grouper in the Gulf of Mexico.

  • September 03, 2026

    Baltimore Says Kratom Sellers Hid Addictive Qualities

    The city of Baltimore is suing three kratom product distributors, alleging they violate city law by advertising kratom as having therapeutic qualities it doesn't possess, while downplaying or hiding its addictive nature.

  • September 03, 2026

    Wireless Tower Group Urges FCC To Back GPS Alternatives

    Wireless tower builders have asked the Federal Communications Commission to consider new rules that will promote the development of new positioning, navigation and timing technologies that can complement GPS technology.

  • September 03, 2026

    EU Moves To Ease Armenia Tariffs After Russian Restrictions

    The European Parliament's International Trade Committee on Thursday advanced a measure that would remove ad valorem duties on a swath of Armenian products to provide aid to the country in the wake of Russian trade restrictions.

  • September 03, 2026

    IRS Moves To Strip Schools' Tax Exemptions Over DEI Policies

    As many as 18,000 private schools that enact racially based diversity and inclusion policies could lose their federal tax exemptions under a proposed rule released by the Internal Revenue Service on Thursday.

  • September 02, 2026

    Split 9th Circ. Curbs Foreign Asset Forfeiture Without Control

    A split Ninth Circuit panel Wednesday held that courts must determine that they have, at the very least, constructive control over a foreign defendant's property to establish jurisdiction in a forfeiture case, pointing to the Fifth Amendment's due process clause.

  • September 02, 2026

    Tribal Students Achieve A Win In Financial Aid Policy Suit

    A New York federal judge has ruled in favor of two Saint Regis Mohawk Tribe students in their suit against the U.S. Department of Education over its policy requiring documentation from Indigenous students of permanent residency in the United States to be eligible for financial aid.

  • September 02, 2026

    Trump's Latest Birthright Order Flouts High Court, Judge Says

    A Maryland federal judge ruled Wednesday that President Donald Trump's latest attempt to curtail birthright citizenship cannot be applied to a certified class of children, saying the U.S. Supreme Court already decided that the children were citizens once born.

Expert Analysis

  • Fashion Greenwashing Risk Goes From Reputational To Legal

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    Fashion brands now face greenwashing risks that extend beyond reputational damage, with California's extended producer responsibility law taking effect soon, and regulatory enforcement and class actions increasing around terms like "sustainable" and "carbon-neutral" — so companies must ensure their marketing is backed up by evidence, says Benjamin Thompson at Thompson LLP.

  • Bank Charter Denial Offers Road Map For Stablecoin Issuers

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    The Office of the Comptroller of the Currency's recent denial of Wise's bank charter application signals that stablecoin issuers should expect rigorous scrutiny of anti-money laundering controls, governance, management expertise and affiliate compliance history when applying for federal approval, say attorneys at Katten.

  • 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.

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