Public Policy

  • November 03, 2026

    W.Va. Coal Mine Opponents Defend Permit Vacatur At 4th Circ.

    Environmental groups told the Fourth Circuit that a West Virginia federal judge was right to scrap a Clean Water Act permit that allowed Republic Energy LLC to bury 20,000 feet of valley streams with fill from surface coal mining.

  • November 03, 2026

    En Banc 9th Circ. Kiboshes Election Threat Order Against DOJ

    New litigation brought by unions and civil rights groups seeking to stop the U.S. Department of Justice from threatening election workers whipsawed through the Ninth Circuit at lightning speed Tuesday, with a split en banc Ninth Circuit panel eventually finding that the DOJ's actions don't merit a temporary restraining order.

  • November 03, 2026

    Ga. Power Can't Apply New Tort Law In Exposure Suit

    A Georgia appellate panel on Tuesday rejected Georgia Power Co.'s bid to apportion fault to companies that settled out of an asbestos exposure lawsuit as well as its bid to escape the case, finding that disputes over the utility's knowledge of asbestos hazards prevent it from obtaining summary judgment.

  • November 03, 2026

    9th Circ. Backtracks On Venezuela TPS Reinstatement

    The Ninth Circuit reversed course Tuesday, granting the Trump administration's request for an administrative stay temporarily pausing a district court order that reinstated Temporary Protected Status for Venezuela, after originally denying the government's request.

  • November 03, 2026

    Group Wants DC Golf Course Work Halt To Remain In Place

    A preservation group on Tuesday urged a D.C. federal court to maintain an order blocking further tree removals at the East Potomac Golf Course, arguing the government failed to identify any error the judge made when issuing the directive.

  • November 03, 2026

    Challengers Urge FCC To Zero Out Subsidy Fund Fees

    A conservative litigation group challenging the Universal Service Fund asked the Federal Communications Commission Tuesday to zero out the fees supporting the fund next quarter.

  • November 03, 2026

    Pa. Gov.'s Property Battle With Neighbors Gets Paused

    A Pennsylvania federal judge on Tuesday stayed a property dispute in which Gov. Josh Shapiro and his Montgomery County neighbors are fighting over the ownership of a strip of land between their homes.

  • November 03, 2026

    Squires Grants 4 IPRs, Denies 6 Before Handing Over Power

    U.S. Patent and Trademark Office Director John Squires on Tuesday instituted four inter partes reviews in what could be the final petitions for which he reviews the merits.

  • November 03, 2026

    NY Judge Bars Afghan Removals To Pakistan, For Now

    A New York federal judge on Tuesday temporarily barred the Trump administration from deporting Afghan nationals to Pakistan, cementing the government's assurances that it has no removal flights planned this week in a temporary restraining order.

  • November 03, 2026

    Low-Power Stations Resist Sinclair Call For ATSC Mandate

    Low-power stations told the Federal Communications Commission they would stand behind a decision by full-power broadcasters to adopt the next-generation TV transmission standard, but urged the agency not to apply a federal sunset of the older standard to LPTV.

  • November 03, 2026

    Fla. State Atty Beats Ex-GOP Chair's Suit Over Seized Data

    A Florida federal judge dismissed a state attorney from a lawsuit alleging he's unlawfully in possession of data seized from a former Republican Party chair and his wife following a sexual assault investigation that was later dropped, finding that the complaint could interfere with ongoing state court proceedings. 

  • November 03, 2026

    FCC Evaluating Plan To Boost Drones In 3 Spectrum Bands

    The Federal Communications Commission is evaluating a draft plan to update rules for three spectrum bands to make it easier to deploy drones as well as expand broadband connectivity in aviation.

  • November 03, 2026

    Justices To Hear Apple App Store Contempt Case In January

    The U.S. Supreme Court has scheduled an argument on Jan. 11 for Apple's challenge to a contempt order issued for allegedly trying to use high commissions to prevent app developers from steering users to outside payment methods in a case brought by Epic Games.

  • November 03, 2026

    IRS Asks 11th Circ. To Back Denial Of $27M Easement Claim

    The U.S. Tax Court properly dismissed a partnership's bid to challenge the IRS' denial of a $27 million tax deduction for a Georgia conservation easement donation, the agency told the Eleventh Circuit, saying the partnership's petitions were filed late and the statutory deadline isn't flexible.

  • November 03, 2026

    Cruz Tees Up Hearing For 3rd FCC Republican

    U.S. Sen. Ted Cruz, R-Texas, on Tuesday announced a confirmation hearing next week for a third Republican nominee to the Federal Communications Commission.

  • November 03, 2026

    EU Tax Reporting Break Would Send 'Worst Signal,' Panel Told

    Multinational companies shouldn't get a free pass on reporting potentially harmful cross-border tax arrangements to European Union countries because they're within the scope of the 15% global minimum tax, an EU lawmaker leading committee discussions on the proposal said Tuesday.

  • November 03, 2026

    Judge Delays Kennedy Center Ruling Until Friday Briefing

    A federal judge Tuesday said he was not inclined to rule just yet on a motion to compel documents and other discovery material related to the closure and attempted renaming of the John F. Kennedy Center for the Performing Arts, citing an impending briefing from the government due Friday.

  • November 03, 2026

    Mass. Board Drops Tax Value Of Development Facing Delays

    A cluster of unimproved properties with plans for development but facing permitting delays that hindered their marketability was overvalued by a local assessor, the Massachusetts Appellate Tax Board said.

  • November 03, 2026

    Trade Court Finds US Solar Coalition's Duty Challenge Moot

    The U.S. Court of International Trade dismissed as moot a suit brought by U.S. solar manufacturers challenging U.S. International Trade Commission determinations regarding harm caused by Cambodian and Thai solar cell imports because the at-issue entries have already been processed. 

  • November 03, 2026

    DA Willis Pushes For Role In Trump Election Case Fee Fight

    Fulton County District Attorney Fani Willis has urged the Georgia Court of Appeals to overturn an order blocking her from intervening in a $16 million legal fee bid from President Donald Trump and other former defendants in a dismissed election interference case, arguing that the trial court abused its discretion.

  • November 03, 2026

    Michigan Judge Blocks Election Pollbook Deletion Rule

    A Michigan Court of Claims judge has permanently blocked enforcement of a state rule requiring local election officials to delete electronic pollbook records shortly after elections, ruling that the requirement violates Michigan law because it demands the destruction of information that must be preserved for 22 months.

  • November 03, 2026

    China, Peru Modernize Free Trade Agreement

    China and Peru have updated their bilateral trade treaty to both update existing provisions and add new ones aimed at addressing changes in commerce and global trade since the deal was first reached in 2009, the two countries said.

  • November 03, 2026

    Mass. Board Matches Condo's Tax Value To Nearby Home's

    A ranch-style condo unit with an unobstructed water view was overvalued, the Massachusetts Appellate Tax Board said, lowering its valuation to that of a similar home on a slightly larger property farther from the water.

  • November 03, 2026

    DOJ Faces Limits On Poll Monitors In Midterm Elections

    A Washington, D.C., federal judge won't stop the Trump administration from sending some federal law enforcement personnel to act as poll monitors during midterm election voting Tuesday, though he did place limits on who those monitors can be and what they can do.

  • November 03, 2026

    DOJ Says Trump Adviser Needn't Answer ABA Subpoenas Yet

    The U.S. Department of Justice is arguing that Trump attorney Boris Epshteyn shouldn't have to respond to subpoenas from the American Bar Association in its challenge to the Trump administration's campaign against law firms until the presiding judge rules on the administration's preexisting motion to quash them.

Expert Analysis

  • What Cos. Must Know As Fast Energy Permitting Gains Steam

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    A recently approved geothermal project in Nevada may be the first authorized by the U.S. Bureau of Land Management under a new 14-day expedited environmental review process — but project developers may find that a more thorough environmental analysis will provide better protection against litigation challenges, says Jill Yung at Allen Matkins.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • The Preemption Gap In Prediction Market High Court Petitions

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    The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.

  • How Data Center Projects Can Navigate Wyo. Siting Process

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    As opposition to data center development grows nationwide, the way that Wyoming is handling the issue through its industrial siting process offers a counterintuitive lesson: More process, not less, can provide both meaningful scrutiny and a clear path forward for projects, says Jeffrey Pope at Holland & Hart.

  • Tips From Apex Ruling On Handling Workers' Public Criticism

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    A National Labor Relations Board judge’s recent finding that Apex Fintech Services illegally reined in an employee’s public criticism on LinkedIn should caution employers that overbroad policies and reflexive responses may not only fail to defend the company’s reputation, but compound risks of federal labor charges, say attorneys at Krevolin Horst.

  • 4 Paths To AI Safety Coordination Amid Antitrust Debate

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    Frontier artificial intelligence companies have more room for collective safety work than the debate over an antitrust waiver suggests, with several existing avenues providing different degrees of protection and oversight, says Evan Miller at V&E.

  • How Cannabis Rescheduling Is Reshaping Bankruptcy

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    As broader cannabis rescheduling awaits a recommended decision, cannabis companies continue to test the boundaries of the Bankruptcy Code, with the recent Cannabist Chapter 15 recognition order suggesting that governmental resistance may be reduced in future filings, say attorneys at Thompson Coburn.

  • How Calif. Privacy Bill Could Change CIPA Tracking Cases

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    If California Gov. Gavin Newsom signs S.B. 690, the bill could materially reduce the leverage behind a pen-register-only claim or demand, so California Invasion of Privacy Act website tracking claims should not be evaluated the same way they were six months ago, says Alexandra Samofalova at Spencer Fane.

  • Risk Considerations As EEOC Moves To Ax Data Reports

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    While the U.S. Equal Employment Opportunity Commission's recent proposal to rescind requirements for workforce demographic reporting wouldn't bar employers from collecting data, companies would have to be especially careful to gather and use such information in legally defensible ways, say attorneys at Foley & Lardner.

  • For Faster FDIC Review, Banks Must Front-Load Prep

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    Banks seeking to benefit from the efficiency promised by the Federal Deposit Insurance Corp.’s new two-phase review of deposit insurance applications must prioritize filing comprehensive submissions or risk the fate of applicants recently rejected by the Comptroller of the Currency, say attorneys at Skadden.

  • A Look At Loper Bright's Uneven Effect On Immigration Law

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    Recently decided cases in the Second and Fourth Circuits show the disparate effects independent judicial review has had on long-standing immigration precedents since the U.S. Supreme Court's 2024 ruling that ended Chevron deference, says Danny Alicea at the Legal Aid Society.

  • Opinion

    New CMS Medical Device Pathway May Have Limited Effect

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    The Centers for Medicare & Medicaid Services' new pathway for giving Medicare beneficiaries earlier access to certain medical devices bears similarities to previous programs that did not advance coverage significantly, and thus may only benefit certain manufacturers, say attorneys at King & Spalding.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • Time Is On Payment Processors' Side As Deal Dynamics Shift

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    As payment processors increasingly use timing and volume to gain leverage, merchants should negotiate payment processing agreements well before renewal or migration deadlines, ensuring proper benchmarking, reserve, data, termination and transition terms are in place, says James Alexander at Reed Smith.

  • A Road Map To Modernizing Clinical Lab Regulations

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    The Centers for Medicare & Medicaid Services' recent request for comments on potential changes to the Clinical Laboratory Improvement Amendments provides an early indication of where CLIA is headed, and the operational, compliance, reimbursement and enforcement issues those changes will create, says Jose Vela at Clark Hill.

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