Public Policy

  • May 11, 2026

    Texas Sues Netflix Over 'Staggering' Data Logging

    The state of Texas sued Netflix Inc. on Monday, alleging that it misled consumers by promising not to harvest or log their viewing data while quietly doing exactly that and selling that information to advertisers and other outside firms without users' consent.

  • May 11, 2026

    Feds Say Congress Barred Challenge To Gulf Lease Sale

    Federal regulators have said that environmental groups can't challenge the first in a series of offshore oil and gas lease sales mandated by last year's budget reconciliation bill, telling a D.C. federal judge that Congress' instructions were clear and precise.

  • May 11, 2026

    DHS Says Latinos' Citizenship Proof Suit Too Speculative

    The U.S. Department of Homeland Security urged a Texas federal court Monday to toss a lawsuit from Latino U.S. citizens accusing it of unlawfully requiring citizens to carry proof of citizenship, arguing they haven't identified any specific policy.

  • May 11, 2026

    DOJ Says NM Laws Obstruct Federal Immigration Powers

    The U.S. Department of Justice sued New Mexico and Albuquerque over state and city efforts to limit cooperation with federal immigration enforcement, saying the measures prohibit agreements the federal government has relied on for decades to carry out immigration enforcement in the state.

  • May 11, 2026

    NY Ethics Panel Finds US Attorney Committed Misconduct

    The New York Attorney Grievance Committee has found that President Donald Trump's pick leading the U.S. Attorney's Office for the Northern District of New York engaged in "professional misconduct" last summer, according to a letter released on Monday.

  • May 11, 2026

    Australia Preparing Decisions On Capital Gains Tax Issues

    Australia is preparing determinations and guidance on five issues related to capital gains taxation, including when anti-avoidance laws may be applied to multiple deferrals of liabilities and how the tax applies when a cryptocurrency is pegged to another cryptocurrency, the Australian Taxation Office said Monday.

  • May 11, 2026

    Justices Extend Stay On 5th Circ. Mifepristone Decision

    The U.S. Supreme Court on Monday extended a stay that preserved, for now, telehealth access to the abortion medication mifepristone.

  • May 11, 2026

    Pennsylvania Justice Quits 'Changed' Democratic Party

    Pennsylvania Supreme Court Justice David Wecht announced Monday that he's leaving the Democratic Party to become an independent, citing concerns over what he views as growing antisemitism on the left of the political spectrum.

  • May 11, 2026

    FTC Says BOTS Act Case Judge Overlooked Its Dismissal Arg

    The Federal Trade Commission has asked a Maryland federal judge to rethink his decision refusing to end a constitutional challenge to one of its first online ticketing cases, contending the court never dealt with its primary argument for dismissal.

  • May 11, 2026

    EPA Faces Skepticism Over Steel Mill Rule Deadline Delay

    A D.C. Circuit panel appeared to splinter Monday on whether the U.S. Environmental Protection Agency violated the Clean Air Act when it delayed compliance deadlines for iron and steel mill pollution standards and said that the previous deadlines would be impracticable.

  • May 11, 2026

    9th Circ. Says DHS' English-Only Notice Met Due Process

    The U.S. Department of Homeland Security had no duty to inform a noncitizen in her native language about her obligation to update her address after moving, the Ninth Circuit ruled, finding that its notice in English sufficed for due process.

  • May 11, 2026

    NJ AG's Office Avoids Defense Of Prosecutor In Ethics Case

    The New Jersey Office of the Attorney General does not have to defend a county-level prosecutor in an ethics case over allegations he withheld exculpatory evidence, a state appeals court ruled in a precedential decision Monday.

  • May 11, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled a varied mix of settlement approvals, political office disputes, transaction fights, emergency injunction bids and questions over how far the court can go to preserve records for litigation outside Delaware.

  • May 11, 2026

    Agencies Pitch Employers Offering Voluntary Fertility Benefits

    Federal agencies overseeing employer-provided health coverage proposed new rules aimed at expanding workers' access to coverage for infertility treatments and related health conditions by letting employers offer voluntary fertility health benefit policies for procedures such as in vitro fertilization.

  • May 08, 2026

    Full 11th Circ. Will Hear Appeal Over 'Urban Cowboy' Horses

    The Eleventh Circuit on Friday vacated an opinion allowing a Georgia man known as the "Urban Cowboy" to amend his lawsuit challenging the seizure of his horses by Atlanta-area authorities, granting the Fulton County Board of Commissioners' bid for an en banc hearing on whether the man can seek damages.

  • May 08, 2026

    OCC Says AI Presents A Double-Edged Sword To Banks

    Artificial intelligence is "significantly transforming" the cybersecurity threat landscape for banks while also presenting opportunities to help defend against those heightened risks, according to a new report from the Office of the Comptroller of the Currency.

  • May 08, 2026

    DC Circ. Won't Unblock ICE Visits Notice Rule During Appeal

    The Trump administration cannot reinstate a policy requiring lawmakers to provide a week's notice before making oversight visits to immigration detention centers while it appeals an order putting the policy on hold, the D.C. Circuit ruled Friday, with one judge calling the decision a "close call."

  • May 08, 2026

    NJ Panel Backs Cannabis License Denial Over Odor Concerns

    A New Jersey city's officials can deny a micro cannabis dispensary's license application based on concerns they have about the business's odor mitigation plan and consumption lounge, a state appeals court ruled, finding they acted within their discretion.

  • May 08, 2026

    FTC's Gender-Care Probe Likely Retaliatory, Judge Says

    The Endocrine Society has convinced a D.C. federal judge that the Federal Trade Commission's motivation for targeting it with a subpoena was likely retaliation for the guidelines the nonprofit produced regarding gender-affirming care.

  • May 08, 2026

    Social Media Litigation Gains Reveal Potential Regulatory Path

    Recent suits by a social media user and two state attorneys general in their bids to hold Meta and other tech giants accountable for the allegedly addictive nature of their platforms have brought to the forefront a potentially lucrative strategy for more broadly regulating online harms, as the First Amendment and other roadblocks continue to stymie legislative efforts.

  • May 08, 2026

    Canceled Solar Grants Suit In Wrong Court, Wash. Judge Hints

    A Washington federal judge on Friday hinted that she lacks jurisdiction over a multistate challenge to the federal government's cancellation of a solar energy project grant program, citing recent U.S. Supreme Court precedent indicating that a bid to reinstate the funding would belong in the Court of Federal Claims.

  • May 08, 2026

    Social Media Harm To Teens Can Be Pinpointed, Judge Told

    Social media's degree of blame for New Mexico teens' mental health challenges can be statistically isolated and quantified, a health computational scientist testified Friday in the state's $3.7 billion bench trial against Meta.

  • May 08, 2026

    Kratom Seller Asks 10th Circ. To Review Utah Ban

    A kratom drink maker is asking the Tenth Circuit to block a Utah law banning its product after a federal judge refused a preliminary injunction request, which it claimed left it facing more than $10.7 million in lost sales.

  • May 08, 2026

    DHS Has 2 Weeks To Reimburse Shelter Program Grantees

    An Illinois federal judge gave the U.S. Department of Homeland Security two weeks to process all the reimbursement claims it received before terminating a grant program intended to help shelter and assist new migrants, criticizing the government's "defiance" of earlier orders to do so.

  • May 08, 2026

    Town Looks To Toss Firing Suit Over Pantsless Mayor Video

    A North Carolina town and several officials have doubled down on their efforts to exit a former IT worker's suit claiming he was fired for releasing surveillance footage of the mayor walking around town hall late at night without pants, pointing to a host of alleged defects in the complaint.

Expert Analysis

  • Banks Face Cloudy Rate Horizons As Opt-Outs Spread

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    Banks and fintechs are grappling with a fragmented, fast-changing consumer lending landscape as more states consider opting out of preemption under the Depository Institutions and Monetary Control Act, which may ultimately lead to a decrease in interstate lending and access to credit, says Marc Franson at Chapman and Cutler.

  • How Oregon Ruling Affects Federal Gender Care Crackdown

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    In a favorable development for healthcare providers, an Oregon federal court recently vacated certain U.S. Department of Health and Human Services restrictions on gender-affirming care for minors, but the government's broader campaign against this care, including proposed rulemaking and agency investigations, leaves significant uncertainty, say attorneys at Arnold & Porter.

  • AI Data Center Boom May Spur Wave Of Toxic Tort Suits

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    Nascent litigation matters against data center operators, set against limited government regulation and a growing body of public health research, suggests we may be on the cusp of an era of mass toxic tort claims, with a liability framework firmly rooted in precedent from other industries, says Benjamin Heller at RFZ Law.

  • A Core Weakness In The Challenge To Birthright Citizenship

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    The government’s recent oral arguments against birthright citizenship in Trump v. Barbara would have the Supreme Court use modern immigration classifications as markers for a constitutional boundary that is not expressed in the Fourteenth Amendment, making the theory easier to administer but weaker as a matter of text and history, says attorney Tara Kennedy.

  • Bet On Prediction Market Regulation To Accelerate

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    Watershed developments concerning prediction markets — such as the first insider trading charges, major speeches from U.S. Commodity Futures Trading Commission leadership, and the introduction of rulemaking and legislation — dominated the first quarter of 2026, a trend that will likely continue throughout the rest of the year, say attorneys at K&L Gates.

  • Opinion

    Financial Meltdown Fears Don't Warrant Private Credit Regs

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    Recent withdrawals from business development companies have resurfaced theories that private credit growth poses a crisis-level risk to the financial system, but arguments that more regulation is needed should be viewed with beady and careful eyes, says James Deeken at Akin.

  • New Risks Emerge As States Push Proxy Voting Legislation

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    Recent state proxy voting laws have increasingly emphasized financial returns while intensifying scrutiny of proxy advisory firms and stewardship practices, creating new compliance challenges and risks, according to attorneys at Morgan Lewis.

  • Suit's Dismissal Would Not Settle Gold Card Visa's Legality

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    The government’s recent assertion that the plaintiffs in American Association of University Professors v. Department of Homeland Security lack standing to challenge the Trump administration’s pay-to-play immigration program does not address whether an agency can deem a million-dollar gift evidence of eligibility for immigration benefits carefully defined by Congress, says Jun Li at Reid & Wise.

  • Enviro Ruling And A New Law Signal Shift In La. Legacy Cases

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    Together, a Louisiana state court decision in WMH Farms v. Apache Corp. and an incoming statutory regime signal a sea change for legacy litigation in Louisiana, as courts make it harder to establish proof of contamination, and lawmakers narrow available remedies once contamination is proven, says Philip Wood at Jones Walker.

  • DOJ's Stance On Antitrust And Patent Law Reflects Balance

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    Recent statements of interest in patent litigation and a speech from a key U.S. Department of Justice official communicate the view that strong patent rights and competition policy are complementary, and offer important guidance for intellectual property practitioners and businesses navigating patent enforcement, standard‑setting and licensing, say attorneys at Wiley.

  • Ruling Shows How Texas Law Altered Derivative Suit Outlook

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    In the first test of S.B. 29's new ownership threshold requirement for shareholder actions, a Texas federal court recently dismissed Gusinsky v. Reynolds, a derivative action brought by a minority Southwest Airlines shareholder, offering key guidance for navigating the new Texas corporate litigation landscape, say attorneys at DLA Piper.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • NY Opioid Antagonist Mandate Leaves Employers Guessing

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    A recently enacted New York law will require employers that are federally mandated to maintain first-aid supplies to now include an opioid antagonist, but being that it is subject to a complicated Occupational Safety and Health Administration analysis, employers face several unanswered compliance questions, say attorneys at Conn Maciel.

  • Opinion

    Congress Must Repair USPTO's Inter Partes Review Process

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    To challenge recent changes to the inter partes review process issued by the U.S. Patent and Trademark Office, Congress must establish clear statutory guardrails, transparency and meaningful judicial review so that questionable patents receive proper scrutiny, say Sean Tu at the University of Alabama, Arti Rai at Duke University and Aaron Kesselheim at Harvard.

  • Calif. Case Raises Questions For Medical Practice Investors

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    The California attorney general's amicus brief in Art Center v. WCE and the California Medical Association's response highlight how the California appeals court's ruling could significantly affect the structure and enforceability of succession arrangements in medical practice ownership, say attorneys at Ropes & Gray.

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