Public Policy

  • November 03, 2026

    Nonprofits Say Pentagon Group Flouts Transparency Law

    Watchdog organizations have urged a D.C. federal judge to nix a "future of warfare" committee that U.S. Department of Defense officials created, accusing them of violating a sunshine and transparency law by stacking it with conflicted government contractors and others who share their views about the military.

  • November 03, 2026

    Indiana Targeted Unionized Teachers' Speech, 7th Circ. Says

    The Seventh Circuit upheld a federal judge's decision to block two Indiana state laws changing how teachers authorize unions to receive a portion of their wages, finding that the laws violated the First Amendment by specifically targeting teachers who wanted to join a union and pay dues.

  • November 03, 2026

    Mass. Judge Nixes Feds' Bid To Stay Grant Termination Ruling

    A Massachusetts federal judge on Tuesday rejected the Trump administration's request to stay her judgment that it cannot terminate already-awarded federal grants based solely on the president's current priorities, and chided the government for intentionally slow-walking the case.

  • November 03, 2026

    Approach The Bench: Judge Wilson On Trial By Zoom

    Before she became a state court judge in Washington, Judge Coreen Wilson worked as a trial attorney litigating hundreds of cases, including the country's first binding virtual civil jury trial during the early days of the COVID-19 pandemic.

  • November 02, 2026

    Judiciary Stuck In AI Rulemaking Rut As Attys, Judges Protest

    Judiciary efforts to enact rules for the artificial intelligence age are mired in concerns about burdens on litigators, the tensions between burgeoning technology and snail-paced policymaking, and how to even define AI. And despite vivid examples of AI's risks, officials are inching toward mothballing the prominent project.

  • November 02, 2026

    Lawmakers Urge Trump Admin To Stop Afghan Deportations

    A group of 66 lawmakers Monday urged the Trump administration to immediately cancel any flights deporting Afghans and Iranians, saying that deporting both Afghan allies who supported U.S. troops and those critical of Iran's government could very well end in the deportees' deaths.

  • November 02, 2026

    Calif. AG Hits Lyft With $1.8M Fine For Opt-Out 'Barrier'

    Lyft has agreed to pay $1.8 million and overhaul its mechanism for consumers to stop the sale of their data through its mobile app in order to resolve the California attorney general's claims that the company's existing opt-out process was too "cumbersome" and created a "barrier" to consumers exercising their privacy rights. 

  • November 02, 2026

    Broadview 6 'Deflection' Ousted Chicago's FBI Head, Suit Says

    Chicago's former FBI head claimed Monday in federal court that he was forced to retire from the local field office once U.S. Attorney Andrew Boutros mounted a political pressure campaign "to deflect from his own malfeasance" that turned a criminal protest prosecution against six individuals into an "unprecedented disaster."

  • November 02, 2026

    Energy Co. Says Toad Listing Ignores Key Geothermal Data

    A Nevada geothermal company seeks an early win in its D.C. federal court suit challenging the U.S. Fish and Wildlife Service's listing of the Dixie Valley toad as an endangered species, arguing that the agency hasn't considered the best available scientific and commercial data.

  • November 02, 2026

    USDA Appoints Tribal Advisory Members To Ag Panel

    The U.S. Department of Agriculture said it has appointed four members to its tribal advisory committee and is seeking nominations for another eight people to serve on the panel that advises the USDA's secretary on matters related to Indian affairs.

  • November 02, 2026

    BlackRock, State Street Get State AG Coal Suit Trimmed

    BlackRock and State Street have pared down a lawsuit by Republican state attorneys general accusing them of driving up coal prices, but a Texas federal judge let stand claims brought by Iowa and Nebraska on behalf of their resident electricity consumers.

  • November 02, 2026

    Xbox Buyer's Microsoft Tariff Refund Suit Sent To Arbitration

    A Washington federal judge said Monday that an Xbox buyer must arbitrate his claims that Microsoft unjustly pocketed refunds meant for consumers after the U.S. Supreme Court struck down the Trump administration's global tariff regime, citing an arbitration pact described by the console's packaging and included documents.

  • November 02, 2026

    NJ Parents' Suit Challenging Storing Baby DNA Gets Tossed

    A New Jersey federal judge tossed a proposed class action Friday challenging the Garden State's practice of keeping newborn babies' residual blood spots without parental consent, finding the parents haven't alleged viable Fourth or Fourteenth Amendment claims, in part because the state agreed to destroy the blood spots at issue.

  • November 02, 2026

    DOJ Loses Bid To Revive Voter Roll Checks Ahead Of Election

    A Washington, D.C., federal judge Monday refused to pause her order striking down the U.S. Department of Justice's new policy of collecting states' unredacted voter information to cross-check voter rolls against immigration databases while it appeals her decision.

  • November 02, 2026

    FCC To Vote On Extending Rural Broadband Support Fund

    The Federal Communications Commission wants to extend the Connect America Fund's alternative cost model by another two years instead of letting it sunset at the end of the year.

  • November 02, 2026

    5th Circ. Weighs Law Student's Kirk Comment Discipline

    A Fifth Circuit panel wanted to know what harm a former Texas Tech law student is currently experiencing as she seeks to overturn a disciplinary action related to statements she made allegedly celebrating Charlie Kirk's death, saying Monday the alleged harm seemed "speculative."

  • November 02, 2026

    Feds Blocked From Rushing Childrens' Asylum Proceedings

    A Maryland federal judge has blocked the government from carrying out policies that legal groups allege provide inadequate asylum interview notices for unaccompanied minors and make it harder to reschedule interviews, saying the policies likely flout the law and will irreparably harm the noncitizen children.

  • November 02, 2026

    ICE Says Calif. Detention Facility Meets Improvement Order

    U.S. Immigration and Customs Enforcement urged a California federal judge to reject immigrant detainees' claims that it's failing to abide by a preliminary injunction requiring humane conditions and independent monitoring at a detention facility in the Mojave Desert. 

  • November 02, 2026

    D.C., Virginia Sue To Block Trump's 250-Foot Arch

    Washington, D.C., and Virginia have teamed up in a new bid to stop President Donald Trump's planned 250-foot arch just east of Arlington National Cemetery, claiming in a lawsuit that the project lacks required congressional approval.

  • November 02, 2026

    Teachers Union Sues Ed. Dept. Over Loan Forgiveness Delays

    The American Federation of Teachers and nine borrowers sued the U.S. Department of Education, saying it is illegally blocking forgiveness of federal student loans for individuals who have worked in public service.

  • November 02, 2026

    9th Circ. Won't Extend Block On Venezuela TPS Ruling

    The Ninth Circuit denied the Trump administration's request to block a district court order that stymied its cancellation of a temporary protected status extension for Venezuela and is set to snap back into effect after a U.S. Supreme Court stay of the order expires this week.

  • November 02, 2026

    50 Cos. Object To Listing On OKX Tokenized Stock Venue

    Fifty publicly traded firms including Goldman Sachs, Microsoft and Nvidia have directed the tokenized stock trading venue OKXICE not to list blockchain-based forms of their shares, according to the crypto platform's latest disclosure.

  • November 02, 2026

    Contractor Says SBA Suspension Relied On Deceptive Video

    A tribally owned contractor urged a D.C. federal court to temporarily halt its suspension by the Small Business Administration from government contracting, arguing misconduct allegations against it stem from a "salacious" video published by a far-right influencer wearing a wig.

  • November 02, 2026

    Fuel Groups Say Courts Must Stay Out Of Calif. Waiver Fight

    Groups representing the natural gas and oil industry urged the D.C. Circuit to reverse preliminary injunction rulings over the U.S. Environmental Protection Agency's procedural move sending certain Clean Air Act waivers for California to Congress, arguing that judicial review is barred.

  • November 02, 2026

    More Amicus Briefs Flood NYT, OpenAI Copyright Case

    Actors, writers groups, advocacy organizations, law professors and current and former political leaders weighed in on the OpenAI copyright multidistrict litigation in New York federal court, with some arguing that fair use does not protect the artificial intelligence developer, while others contended that training models on copyrighted works was all above board.

Expert Analysis

  • Open Issues After 2nd Circ.'s Airport Phone Search Ruling

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    While the Second Circuit’s recent U.S. v. Alisigwe decision confirms border agents' broad authority to conduct routine manual cellphone searches at ports of entry, significant questions remain about more wide-ranging forensic searches at the border, say attorneys at Baker Botts.

  • FTC's Changing Model Raises Questions About Its Mission

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    Federal Trade Commission leaders have recently sketched a vision of an agency that continues an enforcement role distinct from the U.S. Department of Justice's, even as a shift toward greater presidential control makes enforcement more responsive to changes in administrations, say attorneys at Wiley.

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • The Future Of PCAOB Enforcement After Post-Jarkesy Win

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    While the Public Company Accounting Oversight Board recently defeated procedural and structural challenges to its enforcement program in D.C. federal court, it's unclear what claims and sanctions the PCAOB can bring against respondents — and whether it's interested in instituting disciplinary proceedings generally, says Mike Plotnick at King & Spalding.

  • Tort Liability When AI Goes Rogue: Negligence Theory

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    If reasonable care in the use of artificial intelligence agents cannot eliminate the risk of third-party harm, then AI companies and users of AI agents must consider whether negligence theory provides an adequate framework for assessing harm caused by agents that go rogue, says Donald Hawthorne at Carter Ledyard.

  • DC Circ. Ruling Clarifies Standards For Buy America Waivers

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    The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.

  • How Senate-Passed Bill May Reshape NCAA Antitrust Liability

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    With the U.S. Senate's recent passage of the Protect College Sports Act, practitioners should not wait for the U.S. House of Representatives' approval to prepare for shifts in potential antitrust protections, compensation, media rights deals and conference mergers, say attorneys at Norton Rose.

  • Uniting BSA, Sanctions Compliance As Treasury Targets Iran

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    The past 18 months of Treasury Department policies demonstrate expectations that financial institutions not merely obey sanctions against Iran, but also help expose how it moves money, making it essential that banks eliminate silos between their Bank Secrecy Act and sanctions compliance teams for an integrated response, says Jonathan Harrington at Bradley Arant.

  • Digging Into Dems' Letter On Subpoena Secrecy Demands

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    Lawmakers’ recent letter arguing that federal agencies’ use of boilerplate nondisclosure language in subpoenas pressures recipients into silence may lead to a significant overhaul of the current framework, but in the meantime, companies should review their rights and options, say attorneys at Crowell & Moring.

  • How Bank Lobby's Suit Tests OCC's Crypto Charter Powers

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    The Independent Community Bankers of America’s recent lawsuit challenging the Office of the Comptroller of the Currency’s ability to charter cryptocurrency companies marks another chapter in the struggle over the appropriate regulatory framework for digital assets, while raising a classic administrative law question at its most basic level, say attorneys at Ballard Spahr.

  • 4 Steps For Cos. Amid Russia Sanctions Law Uncertainty

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    Russian companies, their U.S. subsidiaries and businesses with Russian commercial relationships should take concrete steps to determine their exposure under ambiguous provisions of legislation that recently expanded the scope of U.S. sanctions, notwithstanding an Oct. 16 executive order waiving most of its restrictions, say attorneys at Wilk Auslander.

  • New Calif. Law Ties Finance Contracts To State Licensing

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    Under a California law taking effect in 2028, commercial financing licensing requirements have been substantially expanded — meaning that fintechs relying on limited regulatory enforcement will face risk from their own borrowers, who could use licensing failures to resist repayment, say attorneys at Husch Blackwell.

  • 3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

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    The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.

  • How FCC Robocall Rules Reshape TCPA Opt-Out Compliance

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    The Federal Communications Commission's recent changes to its Telephone Consumer Protection Act rules may simplify how businesses process consumer opt outs for robocalls and robotexts, but they also introduce nuances to the opt-out process that may be challenging to operationalize, say attorneys at Hunton.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

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    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

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