Public Policy

  • March 19, 2026

    Wash. Outlaws Face Coverings On ICE Agents, Other Officers

    Washington Gov. Bob Ferguson signed a pair of bills on Thursday, one banning U.S. Immigration and Customs Enforcement agents and other law enforcement officers from hiding their faces with masks, and another prohibiting impersonators from misusing badges and insignia.

  • March 19, 2026

    Courts Must Hold Anti-SLAPP Dismissal Hearings, Panel Rules

    A district court must hold a hearing when considering a special motion to dismiss under Colorado's anti-SLAPP law, the Colorado Court of Appeals held Thursday for the first time in sending a defamation lawsuit between parents back to the lower court.

  • March 19, 2026

    Ex-Judges Say Anthropic Case Doesn't Merit Court Deference

    Nearly 150 former judges are backing Anthropic's fight against its designation as a "supply chain risk" by the U.S. Department of Defense, telling the D.C. Circuit in an amicus brief that the judiciary shouldn't simply defer to the executive just because it invokes national security.

  • March 19, 2026

    FTC Head Touts Consumer Protection's 'Relative Simplicity'

    Federal Trade Commission Chairman Andrew Ferguson on Thursday promised to keep increasing the agency's focus on consumer protection, asserting in Washington, D.C., remarks that while antitrust enforcement remains a priority, consumer protection cases can come with faster and more meaningful relief for Americans.

  • March 19, 2026

    DOJ Antitrust Head Tells Staff: Don't Worry About Criticism

    The acting head of the U.S. Department of Justice Antitrust Division said Thursday that he pays no heed to criticism of the agency and tells staff to do the same, while asserting in Washington, D.C., remarks that there's no better time to come work for the DOJ.

  • March 19, 2026

    SEC Sued Over Proxy Exclusion Policy Change

    The U.S. Securities and Exchange Commission violated the Administrative Procedure Act by implementing "a new, de facto rubber-stamp process" for companies to exclude shareholder proposals from their annual proxy ballots, according to a Thursday suit filed by major shareholder groups.

  • March 19, 2026

    States Join Push To Revive EPA Climate Danger Finding

    A coalition of state and local governments on Thursday became the latest group to ask that the D.C. Circuit overrule the U.S. Environmental Protection Agency's rescission last month of its long-held position on the danger greenhouse gases pose to public health.

  • March 19, 2026

    MLB Deals With Polymarket, CFTC For Sports Market 'Integrity'

    Major League Baseball said Thursday that it has struck an exclusive licensing deal with Polymarket to bolster the brand and promote the "integrity" of the baseball-focused prediction markets on the platform, and separately reached a first-of-its-kind information-sharing agreement with the U.S. Commodity Futures Trading Commission.

  • March 19, 2026

    Fed. Circ. Rejects Last Challenge To Squires' Discretion

    The Federal Circuit on Thursday shot down Volkswagen's mandamus petition claiming that the U.S. Patent and Trademark Office director shouldn't have "unfettered discretion" to deny Patent Trial and Appeal Board challenges, closing the last of 14 related appeals.

  • March 19, 2026

    NYC, State Take On Latest Challenge To Rent Regulations

    New York and New York City separately urged a federal court this week to dismiss landlords' latest attempt to challenge 2019 changes to the state's rent stabilization laws, alleging the landlords' takings claims aren't ripe because they haven't made use of a hardship exemption yet.

  • March 19, 2026

    Colo. Appeals Court Clarifies, Limits Insurer Defense Rule

    An insurer is not required to provide a defense for an insured on claims "arguably" covered by the policy in the context of title insurance, the Colorado Court of Appeals held Thursday for the first time in ruling for an insurer in an insurance coverage dispute.

  • March 19, 2026

    USPTO Requires US-Registered Attys For Foreign Patent Apps

    The U.S. Patent and Trademark Office on Thursday finalized a rule requiring that foreign patent applicants and owners be represented by attorneys registered with the agency, saying other intellectual property offices have such a policy and arguing that the measure will help combat fraud.

  • March 19, 2026

    Senate Panel To Vote On Satellite Security Bills Next Week

    U.S. senators next week will consider sending to the floor two bills designed to beef up satellite security, one of which had already gained bipartisan backing in the U.S. House of Representatives during the last Congress.

  • March 19, 2026

    9th Circ. Upholds Gun Ban For Domestic Violence Offenders

    Three men who were found to have used violence against their female partners in separate incidents were correctly convicted under a federal law prohibiting domestic abusers from possessing guns, the Ninth Circuit said, agreeing with other circuits that such restrictions were legal.

  • March 19, 2026

    NHTSA Heightens Tesla Full Self-Driving Probe

    The National Highway Traffic Safety Administration on Thursday said that it was focusing its investigation into Tesla's advanced driver-assistance system on its ability to spot degrading road conditions after receiving more reports of crashes potentially linked to the technology.

  • March 19, 2026

    Judge Says ICE Must Face Suit Over Detainee Records

    A D.C. federal judge denied U.S. Immigration and Customs Enforcement's push to escape a suit alleging it's unlawfully using a regulation to shield records about detained immigrants held in Michigan jails, rejecting its arguments that the Freedom of Information Act could provide relief.

  • March 19, 2026

    7th Circ. Dissenters: Due Process Row Deserved Rehearing

    A trio of judges on the Seventh Circuit accused the full appeals court of cementing a circuit split with its sister courts by refusing to rehear a case about whether incarcerated people moved into disciplinary housing are entitled to formal due process hearings.

  • March 19, 2026

    Squires Concludes That Foreign Gov'ts Can't File AIA Petitions

    U.S. Patent and Trademark Office Director John Squires said foreign governments cannot file patent challenges under the America Invents Act, providing the reasoning for his February rejection of a Chinese company's proceeding against an LG touch screen patent.

  • March 19, 2026

    DC Gov't Urged To Reshape SALT Cap Workaround Plan

    A Washington, D.C., bill that would give pass-through entities a workaround to the federal cap on deductions for state and local taxes needs changes to integrate properly with existing district taxes, witnesses said at a D.C. Council hearing Thursday.

  • March 19, 2026

    Legislative Update: Cannabis And Psychedelics Bill Roundup

    Virginia lawmakers last week gave final approval to legislation that would tax and regulate the sale of adult-use cannabis, Georgia legislators passed a dramatic expansion of the state's medical cannabis program, and Iowa lawmakers approved a bill to designate kratom as a Schedule I substance. Here are the major moves in cannabis and psychedelics legislation from the past week.

  • March 19, 2026

    FERC Chair Aims To Ease Energy Squeeze From War On Iran

    The U.S.-Israel war on Iran that is roiling global energy markets underscores the need for the Federal Energy Regulatory Commission to approve gas infrastructure projects more quickly so that energy prices can be kept in check, FERC Chair Laura Swett said Thursday.

  • March 19, 2026

    Justice Kagan Denies Apache Bid To Block Ariz. Land Transfer

    U.S. Supreme Court Justice Elena Kagan on Thursday declined to block a federal government land transfer in Arizona after four Apache women looked to stop the exchange on behalf of their daughters, arguing that the area contains a site used for a coming of age ceremony that will be destroyed.

  • March 19, 2026

    Protect 911 In Tech Transition, Public Interest Group Says

    A public interest group has urged the Federal Communications Commission to add more protections for 911 service to an upcoming rule paving the way for all-internet-based phone networks, though it still says the underlying rule is unwarranted.

  • March 19, 2026

    Still No Shenanigans: Fed. Circ. Keeps Review Bar High

    The Federal Circuit's rejection of all mandamus petitions asking it to rein in the way U.S. Patent and Trademark Office leadership is ​evaluating patent challenges cements the appeals court's near-impossible standard for reviewing institution decisions, attorneys say.

  • March 19, 2026

    Feds' Bid To Wipe Calif. Clean Car Regs Spells More Upheaval

    The Trump administration's assault on California's more than decade-old clean car regulations deliberately upends the U.S. auto industry's transition toward alternative-powered vehicles, spelling even more regulatory uncertainty as the antagonistic political climate and long legal battles persist, experts say.

Expert Analysis

  • What New Animal Welfare Enforcement Push Means For Cos.

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    The Trump administration's recently announced multiagency focus on violations of the Animal Welfare Act and related laws will likely lead to broader enforcement actions across industries, heightened scrutiny of compliance standards and a need for businesses to adopt effective risk management practices, says Shennie Patel at Crowell & Moring.

  • The Practical Implications Of New FDIC Stablecoin Measures

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    The Federal Deposit Insurance Corp.'s recent proposal to create a formal process for issuing payment stablecoins arrives with several practical implications for FDIC‑supervised banks pursuing digital asset strategies, including a safe harbor for early applicants and a focus on ownership and governance, say attorneys at Troutman.

  • Antitrust Crime Enforcement May Escalate Under New Chief

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    While the recent departure of the Justice Department’s Antitrust Division chief created uncertainty about enforcement priorities, the debut speech from the new acting division head revealed that companies can only expect the division’s focus on vigorous criminal prosecution and offender deterrence to grow, say attorneys at Sidley.

  • 5 Takeaways From OCC's 'Appealing' Exam Challenge Revamp

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    The Office of the Comptroller of the Currency's recent proposed overhaul of its bank appeals framework introduces several attractive, high-level changes that OCC-supervised banks and their counsel should note, and may lead to an increase in successful exam challenges, says James Williams at Venable.

  • Opinion

    It's Time To Clarify California's Elder Abuse Act

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    As California's elderly population soars, the Golden State's high court and Legislature must provide needed clarification about the scope of the Elder Abuse Act, to resolve the inconsistencies and ambiguities that have impeded the law's ability to remedy elder abuse, neglect and abandonment, say attorneys at Horvitz & Levy.

  • What The CFTC's Event Contracts Amicus Brief Is Missing

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    The U.S. Commodity Futures Trading Commission's recent amicus brief in the Ninth Circuit's North American Derivatives Exchange v. Nevada case declines to define the boundary between swaps and wagers, leaving market participants, exchanges and intermediaries operating within a regulatory framework whose boundaries remain undrawn, says Tamara de Silva at De Silva Law Offices.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Structuring Water Agreements For Data Center Development

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    For developers of artificial intelligence data centers, water use is now a threshold feasibility and financing variable amid a regulatory landscape with a state-driven push for transparency and federal push to streamline pathways for AI-related infrastructure, say attorneys at Pillsbury.

  • AG Watch: Ohio Targets DEI Policies

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    As Ohio Attorney General Dave Yost seeks to eliminate diversity, equity and inclusion programs in both public education institutions and private companies, Ohio entities must carefully navigate this constantly evolving, highly contentious topic to avoid litigation while also not forfeiting their core principles, say attorneys at BakerHostetler.

  • High Court's Recess Talks Ruling Raises Practical Challenges

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    While the U.S. Supreme Court’s recent Villarreal v. Texas decision, permitting some limits on attorney-client discussions during overnight midtestimony recesses, resolves certain ambiguities, it also implicitly exposes the structural impracticalities of attempting to police narrower consultation limits, says Ryan Magee at McCarter & English.

  • Takeaways From Calif. High Court's Public Records Decision

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    The California Supreme Court’s recent City of Gilroy v. Superior Court decision — clarifying the relief available under, and the duties imposed by, the California Public Records Act — expands the strategic significance of CPRA actions and demands greater foresight in public records practice, say attorneys at Hanson Bridgett.

  • Why The NCUA's Stablecoin Moment Matters

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    The National Credit Union Administration, a historically conservative federal agency, recently proposed a detailed stablecoin licensing framework, confirming that the proposition of building a regulatory architecture within the banking industry has moved well past "whether" and firmly into "how," says Stephen Aschettino at Fox Rothschild.

  • Ill. Swipe Fee Ruling Sets Stage For A High-Stakes Appeal

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    In Illinois Bankers Association v. Raoul, an Illinois federal court upheld the state's ban on credit and debit card swipe fees on tax and tip payments, while permanently enjoining the statute's data usage limitation, but an imminent appeal could significantly influence the trajectory of state-level payments regulation, say attorneys at Latham.

  • How NY Stay-Or-Pay Law Shifts Leverage Dynamics

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    The recent passage of New York's Trapped at Work Act reflects increasing scrutiny of stay-or-pay arrangements, but its lack of a private right of action represents a meaningful departure from other employment laws, dramatically shifting leverage from the courtroom to a state agency, says James Valentino at Clayman Rosenberg.

  • H-1B Registration Tips For New Wage-Weighted Selection

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    Practitioners participating in this year’s H-1B visa registration, currently underway, must understand that under the new wage-weighted selection process that replaced the random lottery, the crucial first step is choosing the correct standard occupational classification, says Jimmy Lai at Lai & Turner.

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