Public Policy

  • August 14, 2026

    Can Texas, Nevada Replicate Delaware's Corporate Edge?

    Texas and Nevada have spent the past few years rewriting corporate laws and building specialized business courts in an effort to challenge Delaware's long-standing dominance as the preferred home for U.S. companies. While a handful of high-profile corporations have already made the move, corporate law experts say creating another Delaware will require far more than new statutes and judges.

  • August 14, 2026

    Colo. Taxpayer Says $490M Court Project Violates TABOR

    A Colorado county's decision to build a half-billion-dollar judicial center required voter approval under the state's Taxpayer's Bill of Rights, a county council member said in a suit, attempting to halt the project.

  • August 14, 2026

    1st Circ. Becomes 7th To Reject Trump's No-Bond Policy

    The First Circuit became the seventh appellate court to reject the Trump administration's argument that noncitizens arrested in the interior U.S. can be detained without bond, ruling that immigrants who entered the country unlawfully years earlier can seek release on bond.

  • August 14, 2026

    USPTO Wants Input On Southwest Outreach Office

    The U.S. Patent and Trademark Office is looking to increase its community outreach in the Southwest and is asking for public input on where it should set up offices in the six-state region.

  • August 14, 2026

    Law Student's Race Bias Claim Survives In Kirk Discipline Suit

    A Texas federal judge on Friday allowed a former Texas Tech law student to proceed with her claim that the university board was discriminatory in disciplining her over comments she made allegedly celebrating the death of Charlie Kirk because non-Black students who spoke about the assassination weren't investigated.

  • August 14, 2026

    Chicago Auto Lease Tax Is Unconstitutional, Suit Says

    A Chicago tax applied monthly to leased vehicles violates the state's constitution, a taxpayer told a state court, arguing the levy flouts the uniformity clause.

  • August 14, 2026

    IRS Expands Carbon Capture Tax Credit's Safe Harbor

    A safe harbor for the carbon sequestration tax credit's reporting requirements will apply to a method that uses carbon oxide used as a tertiary injectant in qualified oil and gas extraction projects, the IRS announced Friday, expanding earlier guidance for the incentive.

  • August 14, 2026

    White House, BigLaw Atty Picked For Tenn. Federal Bench

    President Donald Trump announced Friday that he is nominating a White House attorney and former BigLaw associate to serve as a Tennessee federal judge.

  • August 14, 2026

    Trump Hits Imported Drones With Up To 100% Tariffs

    Large drones and those with certain capabilities "that are particularly sensitive for national security purposes" and their components will face a 100% ad valorem tariff starting in September, President Donald Trump ordered, with smaller drones and other components facing a 25% tariff.

  • August 14, 2026

    Trump Asks Justices To Raze Block On Ballroom Construction

    President Donald Trump asked the U.S. Supreme Court on Friday to lift a ban on construction of a new White House ballroom, arguing a federal judge who ordered the work to stop overstepped his authority by vetoing national security officials' determinations that the ballroom is "vitally required." 

  • August 14, 2026

    UN Seeks Input On Draft Tax Convention And Protocols

    The United Nations is seeking input on a draft version of its proposed framework international tax convention, a protocol on taxing cross-border services and conventions on dispute prevention and resolution, the body's Department of Economic and Social Affairs said Friday.

  • August 14, 2026

    CFPB Will No Longer Post Narratives In Complaint Database

    The Consumer Financial Protection Bureau said Friday it will stop publishing consumer complaint narratives and data visualizations, a move consumer advocates warn will limit public visibility into patterns of alleged financial company misconduct.

  • August 14, 2026

    NRA Sues Denver Over Gun Carry Ban For Visitors

    The National Rifle Association and two out-of-state gun owners have sued Denver and Colorado state officials in federal court, arguing that the combined effect of the state's residency requirement for concealed carry permits and the city's ban on open carry leaves nonresident visitors with no lawful means to carry a handgun for self-defense.

  • August 13, 2026

    Full 5th Circ. Moots Challenge Of Trump's Use Of Enemies Act

    The full Fifth Circuit Thursday tossed three Venezuelan nationals' lawsuit challenging President Donald Trump's use of a 1798 wartime law to try to deport them and other Venezuelans, saying the proposed class case was now moot after the government deported them without invoking the law.

  • August 13, 2026

    Fed Shouldn't Have State Banking 'Veto,' High Court Told

    Custodia Bank has received support from a pair of current and former senators and two other digital asset organizations in its fight with the Federal Reserve pending before the U.S. Supreme Court over a "master account."

  • August 13, 2026

    5th Circ. Restores Parts Of Hotly Contested Texas Voter Law

    The Fifth Circuit on Wednesday reversed a lower court ruling that blocked several provisions of Texas' 2021 election law on the grounds they make voting harder for those with disabilities, holding the plaintiffs had failed to establish standing for most of their claims and rejecting the remaining claim on the merits.

  • August 13, 2026

    Supreme Court's Apple App Store Pause Lifted After 24 Hours

    Following the expiration of a roughly 24-hour pause on the App Store dispute between Apple and Epic Games, Apple put a 15% commission on the table Thursday to try to comply with a mandate forcing it to dramatically cut what it charges for App Store sales.

  • August 13, 2026

    CFTC Flags Lapses In Event Contract Filings On Incentives

    U.S. Commodity Futures Trading Commission staff have said they've noticed an uptick in deficiencies in applications for incentive programs on event contracts and have laid out steps it believes exchanges or platforms must fulfill when self-certifying such programs.

  • August 13, 2026

    Del. Water Supplier Sues 9 Cos. Over PFAS

    A Delaware water supplier hit nine companies with a suit in state court alleging that they released forever chemicals into the watersheds that supply water to tens of thousands of residents, seeking to recoup at least $34.6 million for the cost of ensuring safe drinking water.

  • August 13, 2026

    9th Circ. Says U. Of Wash. Is Immune From Vax Firing Suit

    A Ninth Circuit panel declined on Thursday to reinstate former University of Washington employees' claims that they were wrongfully fired after refusing the COVID-19 vaccination on religious grounds, concluding the university qualifies as an arm of the state that cannot be sued for civil rights violations under the relevant federal law.  

  • August 13, 2026

    ICE Again Ordered To Fix 'Inhumane' Adelanto Detention Site

    A California federal judge on Wednesday once again ordered U.S. Immigration and Customs Enforcement to improve conditions at its Adelanto detention facility in the Mojave Desert, pointing to "severe and inhumane deficiencies" in necessities including access to safe food and water and sanitary living conditions.

  • August 13, 2026

    9th Circ. Revives $140M Robo-Surgery Antitrust Case

    The Ninth Circuit on Thursday revived a surgical instrument repair company's antitrust suit accusing the makers of the da Vinci surgical robot of illegally blocking third parties from repairing its instruments, ruling that a district judge erred in applying the U.S. Supreme Court's Kodak factors to the dispute.

  • August 13, 2026

    8th Circ. Partially Revives Iowa Adjuster Law Challenge

    The Eighth Circuit has revived a residential contractor's claim that its First Amendment rights were violated when the Iowa Insurance Division issued warning notices pursuant to the state's public adjuster laws, while affirming that the statutes are not unconstitutional on their face and not void for vagueness.

  • August 13, 2026

    5th Circ. Nixes Fed Approval For Offshore Oil Export Port

    A Fifth Circuit panel overturned a license approval for a deepwater port off Texas, ruling that the Trump administration failed to properly consider how a pipeline serving the offshore crude oil export facility would intersect a pipeline for another approved port.

  • August 13, 2026

    Warehouse Owner Faces Manslaughter Charge In Blast Death

    For the second time, a Michigan warehouse owner on Thursday saw a judge say involuntary manslaughter charges against him should move forward, in a case over a March 2024 explosion where shrapnel struck and killed a 19-year-old man.

Expert Analysis

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • FDIC Proposals Mark Pullback In Bank Resolution Rules

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    A recent pair of Federal Deposit Insurance Corp. proposals would fundamentally reshape testing of banks' resolution-related capabilities from a mandatory exercise to a voluntary one supported by significant financial incentives, amounting to an overall reduction in reporting requirements, say attorneys at Moore & Van Allen.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • EEOC Enforcement Plan Signals DEI, Religious Bias Scrutiny

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    In light of the U.S. Equal Employment Opportunity Commission recently publishing its national enforcement plan covering through fiscal year 2029, employers should expect increased scrutiny of practices that conflict with the administration's positions on diversity, equity and inclusion, national origin discrimination, and religious accommodations, say attorneys at Morgan Lewis.

  • Immigration Order Raises Customer ID Stakes For Banks

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    Following a recently issued immigration-related executive order, financial institutions should expect and prepare for increased scrutiny of customer due diligence and identification, suspicious activity monitoring, and consumer lending, as well as accompanying supervisory shifts and rising fair lending risks, says Douglas Weissinger at Butler Snow.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • How CME Suit May Reshape CFTC's Crypto Derivatives Rules

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    CME Group's recent lawsuit over the U.S. Commodity Futures Trading Commission's approval of a Kalshi application to offer a bitcoin perpetual contract as a futures product could have cascading consequences for crypto derivatives regulation, highlighting why policy ambitions do not override statutory text or substitute for reasoned decision-making, says attorney Tamara de Silva.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • NEPA Reforms Can Fix Permitting Without Weakening Review

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    Recent National Environmental Policy Act reforms, in tandem with a Senate bill proposing faster permitting reviews and greater agency coordination, mark a long overdue move toward more efficient energy and infrastructure permitting that does not sacrifice environmental assessment, say attorneys at GableGotwals.

  • 2 Microsoft Matters Could Help Shape AI Antitrust Outlook

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    A pending federal court case and investigation focusing on Microsoft's allegedly anticompetitive conduct in the deployment of artificial intelligence tools are testing whether antitrust law can distinguish ordinary competition to supply the AI ecosystem from conduct that distorts how that competition unfolds, says Kylie Kim at Massey & Gail.

  • Preparing For Next Congress With Eye On Investigation Risk

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    Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • The Debanking Minefield: Navigating Fair Access In 2026

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    Federal regulators' recent elimination of reputational risk from bank supervision, alongside a growing patchwork of state fair access laws, is reshaping how banks make account and service decisions and ushering in a new compliance era requiring individualized, objective and risk-based access determinations, say attorneys at Spencer Fane.

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