Public Policy

  • May 05, 2026

    BlackRock, State Street Push To Trim Red State AGs' Suit

    BlackRock and State Street have further urged a Texas federal judge to trim down antitrust claims from Republican state attorneys general accusing the asset managers of driving up coal prices, arguing that the chain from their investment activity to retail electricity prices "stretches through multiple intervening markets and countless nonparties."

  • May 05, 2026

    Ending Carried Interest Tax Break May Net $88B, Report Says

    Ending the carried interest tax break could raise far more than previously estimated, nearly $88 billion in a decade, based on a new methodology put forward in a report by the Yale Budget Lab.

  • May 05, 2026

    Native CDFI Says EPA Froze, Then Killed, $400M Grant

    Native CDFI Network Inc. is suing the United States for terminating a $400 million Greenhouse Gas Reduction Fund grant, saying the U.S. Environmental Protection Agency invoked "a potpourri of shifting reasons" for the cancellation before landing on the assertion its priorities had changed.

  • May 05, 2026

    DOT, Mexico Inching Toward 'Consensus' In Airport Slots Fight

    The U.S. Department of Transportation said Tuesday that Mexico has tentatively agreed to reconsider some of its restrictions on flights into Mexico City's Benito Juárez International Airport, signaling there's some headway being made in a dispute over alleged violations of a decade-old bilateral air transport agreement.

  • May 05, 2026

    US Says Denver's Assault Weapons Ban Is Unconstitutional

    The Trump administration sued the city of Denver and its police department in Colorado federal court Tuesday, alleging that the city's law banning assault weapons violates the Second Amendment.

  • May 05, 2026

    Wash. Justices Say Millionaire Tax Shielded From Referendum

    Washington's recently passed tax on income over $1 million cannot be subject to a voter referendum, the state Supreme Court ruled, finding that the tax falls under a referendum exception because of its deemed necessity.

  • May 05, 2026

    Banks Say Stablecoin Yield Fix For Crypto Bill 'Falls Short'

    Five banking groups say proposed language governing interest and rewards payments on stablecoins, intended to advance a bill to regulate crypto markets, "falls short," while the lawmakers behind the proposal say they've worked directly with banks for months to "encourage compromise." 

  • May 05, 2026

    Tower Builders Float Escrow Plan For Failed Dish Contracts

    Wireless tower builders urged the Federal Communications Commission to require EchoStar to set up an escrow account to pay them proceeds from spectrum sales to compensate for defunct contracts with its subsidiary Dish.

  • May 05, 2026

    Feds, Advocates Settle FOIA Suit Over Family Separation Info

    The American Immigration Council and the U.S. government told a D.C. federal judge they've struck a settlement to end a long-running Freedom of Information Act dispute over records related to family separation policies during the first Trump administration.

  • May 05, 2026

    Sponsor Suit Moot After Immigrant Kids Released, Feds Say

    The Trump administration asked a D.C. federal judge to dismiss a suit challenging requirements for previously approved sponsors to reapply for custody of unaccompanied immigrant children, arguing the suit's claims are either moot or unfounded.

  • May 05, 2026

    Senate Panels' Bills Would Steer $70B To Immigration

    Immigration enforcement would get nearly $70 billion between two budget reconciliation bills released by Senate committees on Monday.

  • May 05, 2026

    DOJ Asks To Toss Subpoena Defeats In Powell Case As Moot

    The U.S. Department of Justice has asked a Washington, D.C., federal judge to vacate his decisions that blocked subpoenas from its now-closed criminal investigation into Federal Reserve Chair Jerome Powell, arguing that the slate should be wiped clean on mootness grounds.

  • May 05, 2026

    FCC Chair Carr Promotes 6 In Key Legal, Policy Roles

    The Federal Communications Commission's staff are playing musical chairs, and it means high-level promotions for a half-dozen legal aides of agency chief Brendan Carr.

  • May 05, 2026

    Wis. Village Urges 7th Circ. To Void Oneida Tribal Trust Order

    A Wisconsin village is asking the Seventh Circuit to undo a U.S. Department of the Interior decision to place 500 acres of properties into trust for the Oneida Nation, arguing that a district court ignored evidence of bias and shielded the transactional record from meaningful scrutiny.

  • May 05, 2026

    Wilmington Councilman Fights Ouster Over Dem Party Switch

    Wilmington City Council member James Spadola has asked the Delaware Chancery Court to block council President Ernest "Trippi" Congo II and the city council from voting this week to declare his seat vacant because he changed his political affiliation from Republican to Democrat.

  • May 05, 2026

    SEC Floats Trump-Approved Semiannual Reporting Reg

    The U.S. Securities and Exchange Commission on Tuesday proposed a regulation that will allow publicly traded companies to report their earnings every six months instead of every three, a policy championed by President Donald Trump for years and one that SEC leadership hopes will encourage more initial public offerings.

  • May 05, 2026

    Approach The Bench: Justice Bacon On School Accreditation

    State high courts are responsible for regulating the legal profession in their jurisdictions, and so New Mexico Supreme Court Justice C. Shannon Bacon thinks it's only right that justices reevaluate the principles behind law school accreditation.

  • May 05, 2026

    Latin America Leans On Taxing Goods, Services, OECD Says

    Latin America and the Caribbean continue to rely far more on taxing goods and services compared to the Organization for Economic Cooperation and Development, while tax revenue as a share of economic growth was largely stagnant in 2024 absent Cuba's outsized gains, the organization said Tuesday in a report.

  • May 05, 2026

    10th Circ. Backs Dismissal Of Student's Mask Mandate Suit

    The Tenth Circuit rejected a Wyoming high school student's constitutional challenge to a school COVID-19 mask mandate, finding that she and her parents failed to plausibly allege the policy compelled speech, triggered unlawful retaliation or violated due process.

  • May 04, 2026

    Apple Asks High Court To Pause Epic Games App Store Order

    Apple on Monday asked the U.S. Supreme Court to stay a mandate directing a lower court to move forward with determining exactly what Apple can charge developers on in-app purchases, arguing there are important questions that need to be resolved by the justices first.

  • May 04, 2026

    'What Will Take Me To $1B?': Trial Probes OpenAI Exec's Diary

    OpenAI President Greg Brockman's private journal took center stage Monday in a California federal jury trial over Elon Musk's challenge to OpenAI's for-profit conversion, revealing that just days after telling Musk that OpenAI would remain a nonprofit, Brockman privately asked himself, "What will take me to $1B?"

  • May 04, 2026

    2nd Circ. Raises Concern Over Challenge To NY US Atty's DQ

    A Second Circuit panel on Monday voiced concern over the U.S. Department of Justice's argument that a now-former acting U.S. Attorney for the Northern District of New York was serving lawfully when he subpoenaed the New York Attorney General's office over a pair of cases disfavored by President Donald Trump.

  • May 04, 2026

    State Farm Bungled LA Wildfire Claims, Calif. Regulator Says

    California's insurance regulator announced Monday that it's pursuing major penalties against State Farm over its alleged mishandling of claims related to 2025 Los Angeles wildfires, the same day the U.S. Department of Justice alleged in court that insurers conspired to cancel homeowners' policies in the years before the fires.

  • May 04, 2026

    Wash. Bar Task Force Spotlights Atty Mental Health Issues

    A Washington State Bar Association wellness survey of roughly 900 members found that nearly 10% said they experienced suicidal thoughts or self-harm in the past year, and about 20% expressed concerns about their alcohol consumption, a task force reported to bar leadership on Saturday.

  • May 04, 2026

    DOJ's In-House Detention Legal Aid Plan Is MIA

    A year ago, U.S. Department of Justice officials said the government would be taking over a program historically run by nonprofits to provide legal orientations and referrals for pro bono representation for adults in immigration detention facilities. But those involved in the program say the Trump administration hasn't taken any steps to run the program.

Expert Analysis

  • PTAB Memo Recenters Discretion On US Manufacturing

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    Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

  • Why MDLs Slow Down — And How To Speed Them Up

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    Multidistrict litigation has become central to mass tort practice, but as MDLs grow in size and complexity, so do delays and costs — so tools like the new federal rule governing MDLs, targeted use of special masters and strategically deployed Lone Pine orders are more essential than ever, say attorneys at Ice Miller.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Regulators' Basel Pitch May Bring Banks Capital Relief

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    The prudential banking agencies' new proposals to implement the so-called Basel III endgame rules — which would modify the approach to risk-based capital, among other notable changes — represent a fundamental directional shift in bank capital requirements aimed at increasing lending capacity, says Chen Xu at Debevoise.

  • How SEC And CFTC Are Attempting To End Their 'Turf War'

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    Through coordinated examinations and a shared aim to end duplicative regulation, the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission's recent memorandum of understanding could represent a significant shift in the regulatory landscape for market participants subject to the jurisdiction of both agencies, say attorneys at Jenner.

  • FTC Focus: Growing Emphasis On Competition In AI

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    The Federal Trade Commission's leadership has continued to highlight that competitive risks in artificial intelligence markets may arise at multiple levels simultaneously, considering not only who controls the resources necessary to build AI systems, but also how those systems function and yield outputs, say attorneys at Proskauer.

  • What's Missing From Latest Gov't Claims Against Harvard

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    The most interesting thing about the Trump administration’s recent civil rights enforcement efforts targeting Harvard University is its decision not to assert violations of the False Claims Act when given the opportunity, despite signals that its enforcement efforts will include use of the federal FCA, say attorneys at Bass Berry.

  • How Cos. Can Prepare For 'Made In America' Ad Scrutiny

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    The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.

  • Opinion

    FTC Case Risks Redefining Price Discrimination

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    Federal Trade Commission v. Southern Glazer puts a spotlight on the blurry line between illegal price discrimination and ordinary competition, and could potentially set a precedent that puts nearly any manufacturer at risk of Robinson-Patman Act enforcement, says Jeremy Sandford at Econic Partners.

  • Parsing Rule 12(c) Motion Overuse In Securities Class Actions

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    Defendants in securities class actions have more frequently been filing motions for judgment on the pleadings following the denial of motions to dismiss, but courts have recently demonstrated an increasing willingness to reject these previously rare motions, finding them transparent attempts to relitigate already-decided issues, say attorneys at Labaton Keller.

  • Preparing For New Calif. Pay Data Reporting Requirements

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    California's S.B. 464 overhauls the state's pay data reporting framework by requiring employers to use job categories that are based on the Standard Occupational Classification system, increasing both the potential visibility of pay disparities and the complexity of compliance, say attorneys at Kaufman Dolowich.

  • Series

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

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    Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

  • Justices' Ruling Stresses Quick Action Against Absconders

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    Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.

  • New DOD Framework Offers Key Guidance On PFAS Disposal

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    The U.S. Department of Defense's recently updated guidance on disposal of materials containing per- and polyfluoroalkyl substances ends its moratorium on incineration of PFAS-containing waste, but contractors must be ready to demonstrate stringent compliance with the department's new permitting system, operational controls and data practices, say attorneys at Alston & Bird.

  • 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.

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