Public Policy

  • September 30, 2026

    Split 9th Circ. Keeps Ariz. Land Swap In Place

    The Ninth Circuit won't rethink a decision to allow a 2,500-acre land exchange within Arizona's Tonto National Forest that tribal nations and conservation groups say will destroy a sacred Apache worship site, with several judges voicing opposition in a pair of dissents and a statement saying the circuit court's 2024 decision in the dispute was wrong.

  • September 30, 2026

    Commerce Finds Chinese, Indian Electrodes Being Stockpiled

    Imports of electrodes used for smelting from India appear to have surged in response to the opening of a countervailing duty investigation, the U.S. Department of Commerce preliminarily found Wednesday, setting up possible retroactive duties on the goods.

  • September 30, 2026

    Bessent Owes $910K In Taxes As Limited Partner, Wyden Says

    Treasury Secretary Scott Bessent should pay more than $910,000 in payroll taxes as a hedge fund limited partner after the Second Circuit ruled that such partners are subject to the self-employment tax, Senate Finance Committee ranking member Ron Wyden said Wednesday.

  • September 30, 2026

    Judge Orders ICE Reports After Hold Room Violations

    A Maryland federal judge ordered U.S. Immigration and Customs Enforcement to provide cell count and medical care data for its short-term holding facilities in Baltimore, largely granting a detainee class's push to enforce an injunction issued over "deplorable" and likely unconstitutional conditions.

  • September 30, 2026

    Ex-Budget Official Sentenced To 7 Years After Fleeing US

    Former Connecticut budget official Konstantinos Diamantis, who fled to Greece before learning his fate on federal corruption charges, was sentenced while absent on Wednesday to seven years in prison, if extradition efforts are successful, and immediately faced new litigation over his state government pension.

  • September 29, 2026

    OpenAI Knew AI Was Rogue Before Hugging Face, Suit Says

    A public interest law nonprofit sued OpenAI in California state court Tuesday, seeking to hold the ChatGPT maker liable for a July cyberattack on Hugging Face, arguing OpenAI "straightforwardly violated California law" by failing to rein in hundreds of rogue AI agents that OpenAI knew were running amok without proper safeguards.

  • September 29, 2026

    RealPage Wins Injunction Against NY Rent Software Law

    A federal judge in Manhattan granted RealPage's request for a preliminary injunction blocking a New York law banning building owners from using the property management platform to set residential rents, saying the company is "marginally" likely to prevail on its claim the statute regulates speech protected by the First Amendment.

  • September 29, 2026

    DOJ Says Trump Name Is Key To Kennedy Center Survival

    The U.S. Department of Justice told the D.C. Circuit the Kennedy Center's donors will flee if his name isn't put back on the building, arguing in its opening brief to the appeals court that the institution faces "financial ruin" without "appropriate recognition" for Trump.

  • September 29, 2026

    Ministry Stance In Anti-LGBTQ+ Hiring Suit Confuses 9th Circ.

    An en banc Ninth Circuit struggled Tuesday to understand a Washington-based Christian ministry's legal stance as it sought to preserve its ability to reject job applicants who are gay, with several judges suggesting it was immune from enforcement action since the state recognized the jobs as ministerial and therefore constitutionally exempt from anti-discrimination laws.

  • September 29, 2026

    Trump Admin Can't Dodge Claims Over Slashed Foreign Aid

    The Trump administration has persuaded a D.C. federal judge to cut three claims from a suit seeking to stop it from terminating foreign assistance grants and contracts en masse, but most of the suit — another 15 claims — marched forward untouched.

  • September 29, 2026

    Groups Say Calif. Biogas Credits Incentivize More Methane

    Four environmental groups accused California regulators of violating state law by allowing factory farm biogas producers to receive carbon credits — a practice they said is notionally aimed at reducing greenhouse gas emissions but in reality incentivizes more methane production.

  • September 29, 2026

    Squires Confirms PTAB Judges Will Resume Institution Calls

    Administrative patent judges will soon resume deciding whether Patent Trial and Appeal Board challenges will be instituted on the merits, U.S. Patent and Trademark Office Director John Squires told the Senate on Tuesday during a hearing that also raised questions about if the office has sacrificed patent quality to speed through an examination backlog.

  • September 29, 2026

    NYC Property Owners Say 2nd-Home Tax Is Unconstitutional

    A group of New York City property owners and other parties sued the New York state government on Tuesday over its pied-à-terre tax for certain high-value second homes, alleging in state court that the tax is unconstitutional because it discriminates against people who don't primarily live in the city.

  • September 29, 2026

    X Corp. Says Crypto Gambling Company Bribed X Employees

    X Corp. told a Texas federal court that a company behind two controversial crypto gambling websites, which allegedly bribed X employees, cannot arbitrate claims that X unfairly removed their access to its website.

  • September 29, 2026

    EB-5 Visa Fees More Than Double For Individual Investors

    U.S. Citizenship and Immigration Services announced increased filing fees Tuesday for the EB-5 Immigrant Investor Program — more than double for individual investors — saying the higher price tag is needed to close a $48.4 million annual funding gap.

  • September 29, 2026

    NHTSA Fuel Economy Regs Overhaul Crushes EV Ambitions

    The elimination of strict federal mandates for higher fuel efficiency in new cars crushes momentum for the U.S. auto industry to pivot toward alternative-powered vehicles, ensuring that manufacturers will again be caught in litigation limbo as environmental groups prepare challenges to seemingly inconsequential standards with no penalties, experts say.

  • September 29, 2026

    FCC Looking To Duck Mandamus In 2021 RF Exposure Order

    Five years after the D.C. Circuit told the FCC it needed to provide more in-depth reasoning for why it believes cellphones and other wireless devices don't pose a risk to humans, the agency is arguing it needs more time to sort out a response.

  • September 29, 2026

    Lupin Strikes Deal In States' Generic Drug-Price Fixing Suit

    Lupin Pharmaceuticals has reached a settlement with multiple states to resolve allegations that it conspired with G&W Laboratories Inc. to raise prices of the tuberculosis drug Ethambutol during a supply shortage years ago, according to a minute order entered in Connecticut federal court on Monday.

  • September 29, 2026

    Suit Accuses USDA Of Unlawfully Gutting Aid For Rural Solar

    A coalition including farm and renewable energy trade groups has accused the Trump administration of abruptly and unlawfully making most solar projects ineligible for a U.S. Department of Agriculture grant and loan program created to advance renewable energy in rural areas.

  • September 29, 2026

    Fugitive Ex-Conn. Budget Official Seeks To Split Restitution

    A onetime Connecticut budget official now on the lam in Greece asked a federal judge Tuesday to postpone restitution until two admitted co-conspirators who testified against him are sentenced, arguing their plea agreements could force them to shoulder at least some of the costs of a school construction bribery scheme.

  • September 29, 2026

    CFTC Sends Event-Contracts Swaps Proposal To White House

    The U.S. Commodity Futures Trading Commission has submitted two rule proposals to the White House that appear to explicitly establish event contracts as swaps while excluding "casino-style gambling products," updates that could affirm the agency's view that prediction markets are under its "exclusive jurisdiction" and beyond the reach of states.

  • September 29, 2026

    Aldi Sued Over Online Order Delivery Fees By SNAP Users

    Aldi illegally charges ancillary, nonfood-related delivery, expedited fulfillment and convenience fees to customers who use SNAP-EBT benefits to buy grocery items online through Instacart or Aldi Express, alleges a proposed consumer protection class action filed Monday in California state court. 

  • September 29, 2026

    Trump Admin Can't Use Anti-DEI, Citizenship Rules For Grants

    A Rhode Island federal judge on Tuesday said the U.S. Department of Justice can't impose new conditions related to diversity, equity and inclusion activities and immigration status on domestic violence assistance grants, a ruling that sides with a coalition of states and nonprofits that challenged the restrictions.

  • September 29, 2026

    Feds Tell 4th Circ. Ábrego García Delayed His Own Removal

    The Trump administration is telling the Fourth Circuit that a Maryland federal judge shouldn't have granted Kilmar Ábrego García protection from continued immigration detention, saying the unlawful rulings he successfully sought are what's preventing his removal to Liberia.

  • September 29, 2026

    DC Circ. Anthropic Ruling Could Chill Contractor Speech

    The D.C. Circuit's decision backing the U.S. Department of Defense's removal of Anthropic from its supply chain was based on a broad reading of the Federal Acquisition Supply Chain Security Act, which could lead contractors to be more careful about publicizing disputes with the department.

Expert Analysis

  • DOE Energy Financing Overhaul Opens Paths For Developers

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    The U.S. Department of Energy's Office of Energy Dominance Financing is now positioned to be a key source of support for energy and critical minerals development in the U.S., creating opportunities for companies seeking to advance projects that align with administration priorities, say attorneys at Mayer Brown.

  • Opinion

    Justices Gave Energy Industry A Needed Constitutional Reset

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    Energy companies must understand the regulatory and compliance implications of two recent U.S. Supreme Court rulings reaffirming that agencies must derive their legitimacy from faithfully executing the law, says Brunini Grantham's Curt Hébert, former member of the Federal Energy Regulatory Commission.

  • Q3 Numbers Refine Picture Of SEC Enforcement Trajectory

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    A snapshot of the U.S. Securities and Exchange Commission’s third-quarter enforcement actions suggest the program may be smaller than in prior years, but that it is increasingly concentrated around market abuse and individual misconduct, especially related to insider trading, say Adrienna Huffman, Jan Jindra and Erik Johannesson at The Brattle Group.

  • What DOJ Fraud Division Rule Resolves, And What It Doesn't

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    The U.S. Department of Justice’s recently published final rule answers many outstanding questions about the newly created National Fraud Enforcement Division, but overlapping mandates could result in parallel investigations and diverging viewpoints between multiple sets of prosecutors, say attorneys at Gibson Dunn.

  • Banks Face Lighter CRA Burdens Under Regulators' Proposal

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    Banking regulators' recently proposed rule to redo the framework under the Community Reinvestment Act would materially change which banks are subject to its most demanding requirements and how regulators evaluate lending, services, community development activities and strategic plans, says James Williams at Venable.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • 4 Ways‌ NY's Bivens Act Changes Civil Rights Legal Strategy

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    New York state's new Bivens Act creates a statutory civil rights cause of action against federal officials, changing presuit investigations, discovery and settlement leverage, and creating an opportunity to pursue more structural changes — so plaintiffs counsel will need to adjust their civil rights litigation playbooks, say attorneys at Jacob Fuchsberg Law.

  • FTC IonQ Review Unearths A Divide In Vertical Merger Remedy

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    The Federal Trade Commission's recent split decision to close its investigation into the merger between IonQ and SkyWater Technology offers a candid window into how enforcers may approach vertical merger concerns after a string of difficult government cases, says Nicholas Cheolas at Wiley.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • NC Crypto Kiosk Law Opens Door To Stricter Fraud Regs

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    North Carolina's new cryptocurrency kiosk law will force operators to build fraud-screening, disclosure and compliance systems before the end of the year, while also providing an opening for more stringent city and county limits on kiosk placement and operations, say attorneys at Moore & Van Allen.

  • Student Loan Suit Draws Line On Testimony In Trust Litigation

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    A recent interlocutory opinion from the Southern District of New York shows securitization experts can explain servicing practices but cannot substitute for authenticated loan-level ownership proof or intent evidence, signaling that parties in student loan trust cases should sharpen recordkeeping and tracing strategies, says attorney Stanley Tate.

  • Opinion

    A Guiding Principle For The SEC On Exempt Capital Markets

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    The U.S. Securities and Exchange Commission's recently proposed Regulation Crypto Assets borrows selectively from other capital-raising exemptions while giving crypto issuers materially different terms, and those unexplained differences reveal the need for a regulatory approach of presumptive parity, says Brian Christie at the Crowdfunding Professional Association.

  • Where DOJ's Fraud Priorities Memo May Actually Matter

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    The U.S. Department of Justice’s recently released memo outlining priorities for its newly created fraud division will shape how cases are identified, staffed and sequenced, meaning white collar defense work must begin earlier, say David Tarras at Tarras Defense and Trevor Jones at Dynamis.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • What Cos. Should Do During Stay Of Nasdaq Delisting Rule

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    The U.S. Securities and Exchange Commission recently approved — and subsequently stayed — Nasdaq's $5 million market value threshold for continued listing, giving companies additional time to evaluate financing opportunities, communicate with investors and consider strategic alternatives, says Joseph Lucosky at Lucosky Brookman.

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