Public Policy

  • May 21, 2026

    OpenAI Ouster About Governance, Not Bad Counsel, Pros Say

    Witness testimony offered during a recent high-profile jury trial over Elon Musk's challenge to OpenAI's for-profit restructuring accused the artificial intelligence company's nonprofit board of following bad legal advice when it fired CEO Sam Altman in 2023, although experts say the incident was more likely the product of poor governance rather than lousy legal counsel.

  • May 21, 2026

    Meta Expert Says $27M Is Better Number For Abatement

    An economics expert for Meta testified Thursday against New Mexico's desired $3.7 billion plan to abate social media's harm to mental health, calling it more "a spending plan" than one for abatement and claiming $27 million will do the job.

  • May 21, 2026

    Trump Cites US AI Lead In Shelving Cybersecurity Directive

    President Donald Trump on Thursday abruptly delayed the planned signing of an executive order to tackle cybersecurity concerns surrounding emerging artificial intelligence models, saying he was worried the proposal to encourage developers to voluntarily share their systems with the government for pre-release testing would impede innovation. 

  • May 21, 2026

    PBM Swaps Cravath For WilmerHale In Price-Fixing Suit

    Pharmacy benefit manager Prime Therapeutics LLC has replaced counsel Cravath Swaine & Moore LLP with WilmerHale and another firm in an antitrust case in Michigan federal court brought by the state's attorney general.

  • May 21, 2026

    9th Circ. Says Judge Overstepped In Fluoride Risk Case

    A Ninth Circuit panel scrapped a ruling that directed the U.S. Environmental Protection Agency to take action to address potentially unsafe levels of drinking water fluoridation, concluding a California federal judge improperly commandeered the case.

  • May 21, 2026

    AT&T Sues Calif. To End Copper Wire Service Requirements

    AT&T asked a California federal court to preempt state regulations that require it to continue offering "plain old telephone service" to new customers, saying it needs to retire the "outdated" system to move forward with plans to devote $19 billion on modern telecom tech in the Golden State.

  • May 21, 2026

    11th Circ. Axes T-Mobile's Win In Ga. Tower Permit Dispute

    The Eleventh Circuit on Thursday vacated T-Mobile's win in a long-running fight with a Georgia city over a proposed cell tower, rejecting a widely used test over the infrastructure's need that the court called "irreconcilable" with the Telecommunications Act of 1996.

  • May 21, 2026

    9th Circ. Revives Guatemalan Father-Daughter Duo BIA Cases

    A divided Ninth Circuit panel has revived a Guatemalan father and daughter's bids for protection from removal from the United States, finding on Thursday that the father faced extreme persecution in the Central American country when a family member repeatedly shot at their home in a drunken rage in an attempt to force them out.

  • May 21, 2026

    NY Cautions Banks About Cyber Risks From Advanced AI

    New York's financial services regulator issued new guidance Thursday on the risks associated with cutting-edge artificial intelligence, urging firms to make sure their cybersecurity programs can promptly flag weaknesses that so-called frontier AI models can exploit, among other things.

  • May 21, 2026

    U-M Student Says Pro-Palestinian Views Triggered Retaliation

    A University of Michigan student alleged in federal court Thursday he was harassed and stalked by school officials as retaliation for participating in pro-Palestinian protests and calling for the university to sever ties with Israel.

  • May 21, 2026

    Texas AG Accuses Meta Of Lying About WhatsApp Encryption

    Texas Attorney General Ken Paxton sued Meta and the social media giant's messaging platform WhatsApp in Texas state court on Thursday, claiming the companies lied in promising that WhatsApp messages are private and "not even WhatsApp can see them."

  • May 21, 2026

    Vape Sellers Say Pa. E-Cig Law Usurps FDA Authority

    Vape companies are looking to stop a Pennsylvania law that would effectively ban most e-cigarettes, claiming in a federal lawsuit that the statute is unconstitutional, would destroy roughly $2 million of their inventory and targets products that federal regulators say helps smokers quit.

  • May 21, 2026

    SEC's Peirce To Join Law School Faculty After Agency Exit

    The U.S. Securities and Exchange Commission's Hester Peirce will join the faculty of Regent University School of Law this November after her time at the agency, the university announced, although the commissioner said her departure date has not yet been set.

  • May 21, 2026

    5 Podcasts To Keep IP Attys Entertained And Informed

    Whether intellectual property attorneys are hitting the road for a family trip or kicking their feet up at home, podcasts about legal news can offer an easy way for them to stay in the know while (hopefully) not working this Memorial Day weekend.

  • May 21, 2026

    FTC's Gender Care Policy Might Not Sink Probe, Judge Says

    A D.C. federal judge wondered Thursday whether it would set a bad precedent for future commissions to label the Federal Trade Commission's investigative demand to the American Academy of Pediatrics as "retaliatory" just because agency officials have issued a policy statement attacking gender-affirming care for minors.

  • May 21, 2026

    Minnesota Tribal Land Trust Order Was Biased, 8th Circ. Told

    Morrison County, Minnesota, and two townships are seeking to vacate a decision to take about 3,238 acres into trust for the Mille Lacs Band of Ojibwe, arguing it was based on a biased process in which the tribe pays Bureau of Indian Affairs' salaries to process trust requests.

  • May 21, 2026

    Consumers Want Prelim Block On Paramount-Warner Bros.

    Consumers challenging Paramount Skydance Corp.'s pending $110 billion acquisition of Warner Bros. Discovery asked a California federal judge Wednesday to preliminarily block the transaction while the case proceeds, arguing the threat of higher streaming costs and reduced news competition is too great, and it will be too hard to unscramble the egg after trial.

  • May 21, 2026

    Mich. Judge Expedites Suits Over Candidate Affidavit Rules

    A Michigan claims court judge has consolidated three election-related lawsuits challenging Michigan Secretary of State Jocelyn Benson's rules and guidance regulating candidate affidavits of identity, while ordering expedited briefing as ballot certification deadlines approach for the August primary election.

  • May 21, 2026

    Newsom Order Eyes Labor Protections Amid AI Growth

    California Gov. Gavin Newsom on Thursday issued what his office called a "first-in-the-nation" executive order aiming to shore up state labor policies in an effort to prepare workers and businesses in the event of mass workforce disruption caused by artificial intelligence.

  • May 21, 2026

    Feds Accuse Contractors Of DOD Bribery Scheme In Hawaii

    The U.S. Department of Justice has accused two Florida residents of conspiring to bribe a U.S. Army employee and defraud the federal government in connection with the development of a U.S. Department of Defense innovation lab in Hawaii.

  • May 21, 2026

    Legislative Update: Cannabis And Psychedelics Bill Roundup

    Virginia's governor vetoed legislation to establish adult-use marijuana sales, keeping the state in cannabis legal limbo; Illinois lawmakers introduced legislation to rein in hemp products, aligning state policy with an upcoming shift in federal law; and Louisiana lawmakers sent a bill to the governor that would allow terminally ill patients to access medical marijuana in healthcare facilities. Here are the major moves in cannabis and psychedelics legislation from the past week.

  • May 21, 2026

    Feds Tell 4th Circ. Maryland Judges Went Too Far On Removals

    The Trump administration told the Fourth Circuit that a district court wrongly deemed its suit challenging a standing order temporarily barring the immediate removal or transfer of detained noncitizens out of the District of Maryland a "branch-on-branch" dispute.

  • May 21, 2026

    Portugal Must Reclaim Illegal State Aid, EU Court Says

    The European Union's top court said Thursday that Portugal can't suspend tax enforcement proceedings against a company that benefited from unlawful state aid granted by the Madeira Free Zone.

  • May 21, 2026

    OCC Says Fintech Partner Bank Fell Behind On AML Controls

    The Office of the Comptroller of the Currency has ordered Community Federal Savings Bank to strengthen its anti-money laundering controls after finding that the New York-based bank failed to keep pace with the risks from its fast-growing payment-processing business.

  • May 21, 2026

    DC Judge Says Gov't Must Tell Afghans About Visa Relief Limits

    A D.C. federal judge ordered the Trump administration to inform a certified class of Afghan nationals seeking special immigrant visas for aiding the U.S. government overseas about a proclamation that suspended visas for people from Afghanistan and dozens of other countries.

Expert Analysis

  • How Cos. Can Navigate The Patchwork Of AI Safety Bills

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    In the first few months of 2026, state and federal lawmakers introduced hundreds of bills to address the perceived safety risks of artificial intelligence, so companies should assess whether existing or planned services could be scoped into AI safety legislation across jurisdictions, say attorneys at Hogan Lovells.

  • Unpacking FCC's Proposed Rules For Offshore Call Centers

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    The Federal Communications Commission recently proposed rules that would restrict the use of offshore customer service operations, citing consumer frustration, data security risks and fraud as core reasons for the sweeping regulatory move, say attorneys at Eversheds Sutherland.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q1

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    As usual, California remained a hub for financial services activity in the first quarter of 2026, with key developments including the California Department of Financial Protection and Innovation's eye on consumer issues, a bill targeting "pig butchering" schemes, and jam-packed courts, say attorneys at Joseph Cohen.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Key Takeaways From The 2026 ABA Antitrust Spring Meeting

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    Last week's American Bar Association Spring Meeting revealed an antitrust landscape defined by heightened friction and tension — between federal and state enforcers, domestic and international regimes, competing political visions, and traditional enforcement tools and novel challenges, say attorneys at Skadden.

  • State FARA Laws Pose Unique Constitutional Challenges

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    Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Informal Announcements Are Reshaping FDA Regulations

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    The U.S. Food and Drug Administration's recent shift toward using press releases, podcasts and other informal channels to announce major policy changes reflects a valid desire to modernize and accelerate regulatory efforts, but it could lead to diminished transparency, increased industry burden and reduced policy durability, says Rachel Turow at Skadden.

  • Motorola Case Shows Reach Of NLRA Dishonesty Protections

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    A recent National Labor Relations Board case, involving a Motorola employee who was terminated for lying about discussing wages, illustrates the broad reach of National Labor Relations Act protections for concerted activity, which may take on new significance as the agency shifts toward more restrained enforcement, say attorneys at BakerHostetler.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

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    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • OhioHealth Suit Signals Higher Antitrust Heat On Hospitals

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    The recent antitrust lawsuit against OhioHealth by the U.S. Justice Department and Ohio attorney general shows that federal and state enforcers are closely examining the competition issues in the healthcare sector, including restrictive contracts and antisteering practices, say attorneys at Freshfields.

  • OCC Rule Tests Nonfiduciary Powers Of Trust Banks

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    The Office of the Comptroller of the Currency's updates to its final rule on national bank chartering, effective April 1, may augur a showdown between the OCC, states and traditional banking institutions over both the authority of national trust banks to engage in nonfiduciary activities under the National Bank Act, and the scope of federal preemption, says Audrey Carroll at Stinson.

  • Proposed Oracle Act Tests NY's Prediction Markets Clout

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    New York's proposed Oracle Act could if passed force a high-stakes showdown over event contracts in the prediction markets as well as state gambling laws, and legal practitioners should closely monitor litigation, parallel developments in other states, Commodity Futures Trading Commission rulemaking and congressional action, says Linda Goldstein at CM Law.

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