Public Policy

  • October 29, 2026

    Gov't Urges 11th Circ. To Lift Sanctions Over Trump-IRS Deal

    A federal judge's order barring President Donald Trump, the IRS and the U.S. Treasury Department from citing the agreement made to settle his $10 billion suit against the tax agency is unsupportable and should be reversed, the government told the Eleventh Circuit.

  • October 29, 2026

    Ex-ComEd CEO, Lobbyist Signal Plea Deal Over Retrial

    Attorneys for Commonwealth Edison's former CEO and a longtime lobbyist told an Illinois federal judge on Thursday that they are in talks with the government about plea deals rather than an anticipated retrial next year on charges that they conspired to win former Illinois Speaker Michael Madigan's legislative favor in exchange for do-nothing jobs for his allies.

  • October 29, 2026

    NLRB Urges 7th Circ. To Ponder Injunction Harm Burden

    The National Labor Relations Board urged the full Seventh Circuit to rethink a ruling that raised the bar for the agency to win injunctions, saying the panel's merits conclusions and its take on what constitutes irreparable harm to workers' labor rights conflict with U.S. Supreme Court precedent.

  • October 29, 2026

    Judge Rejects Extra Hurdle For Medicaid Frailty Exemption

    A Trump administration bid to create additional barriers to Medicaid eligibility was rejected Thursday by a Massachusetts federal judge, who ruled that Congress did not delegate to the executive branch the task of deciding who is too medically frail to meet work requirements.

  • October 29, 2026

    Split 4th Circ. Stays Man's Removal Over Competency Issue

    The Fourth Circuit has extended a stay preventing the removal of a self-represented noncitizen detainee who said his "mental condition" prevented him from fully arguing his case to an immigration judge, finding that the full administrative record is needed.

  • October 29, 2026

    Pa. Court OKs Unemployment Comp Despite Off-Duty Lie

    A Pennsylvania nurse didn't commit "willful misconduct" by refusing to answer questions about a coworker visiting her while he was on duty and she was off duty, so the nurse remained eligible to collect unemployment benefits after she was fired, a state appellate court ruled Wednesday.

  • October 29, 2026

    CFPB Faces 2nd Suit Over Bid To 'Erase' Fair Lending Rules

    One of the nation's oldest civil rights groups Thursday sued to overturn the Consumer Financial Protection Bureau's recent rollback of longstanding federal protections against lending discrimination, widening the ongoing legal battle against the controversial rule change.

  • October 29, 2026

    EU Pushes China For More Fair Trade Commitments

    The European Parliament's Committee on International Trade spent a three-day trip to China pushing for an expansion of a trade framework beyond a recently reached mutual understanding on hybrid vehicles, among other concerns, the committee said Thursday.

  • October 29, 2026

    9th Circ. Ruling Dooms Sports Betting Suit, Washington Says

    Prediction market operator Underdog's contention that its sports-based event contracts are not subject to Washington state gambling laws is doomed under a recent Ninth Circuit ruling holding otherwise, the Evergreen State told a Washington federal judge.

  • October 29, 2026

    China Slams US Ban On 3 Biotech Cos. Over Forced Labor

    The Chinese government Thursday condemned the U.S.' recent addition of three new entities in the biotechnology sector to its blacklist of companies from which goods are banned from entering the U.S. due to their presumed use of forced labor.

  • October 29, 2026

    EU Head Affirms Ties With Canada As Member Talks Open

    European Commission President Ursula von der Leyen on Thursday reaffirmed the European Union's commitment to strengthening its ties with Canada at the opening of a summit to consider whether to adopt Canada as the EU's first-ever associate member.

  • October 29, 2026

    Trump Admin Appeals Block Of DC Golf Course Work

    The Trump administration is appealing a D.C. federal judge's order that stopped further tree removals at East Potomac Golf Course and required advance notice before irreparable changes are made to the facility.

  • October 29, 2026

    5th Circ. Will Review Texas Content-Filtering Law Ruling

    The Fifth Circuit has granted Texas' request for an en banc rehearing of a July panel opinion that partly upheld a block on the state's new law requiring companies to filter content for underage users.

  • October 29, 2026

    Groups Drop Suit Over Trump's DEI Mandate For Contractors

    A coalition of organizations ended their challenge of an executive order from President Donald Trump that requires government contractors to disavow "racially discriminatory DEI activities," stating that while they lost their bid to freeze the order, they gained crucial clarity from the court about the directive's scope.

  • October 29, 2026

    DOL Finalizes Pharmacy Benefit Manager Fee Disclosure Rule

    The U.S. Department of Labor's employee benefits arm unveiled a final rule Thursday that requires pharmacy benefit managers — which act as intermediaries between drugmakers, pharmacies and insurers — to make new disclosures on their fees and compensation to employer-sponsored group health plans.

  • October 28, 2026

    Democracy 'At Stake': Feds Can't Set Aside 20K Calif. Ballots

    A California federal judge on Wednesday rejected the Trump administration's request to require the state to set aside mail-in ballots for some 20,000 voters the federal government contends are "likely" noncitizens, saying it would "wreak havoc" on the midterm elections that are already underway.

  • October 28, 2026

    RNC Files New Suit Over FCC's Campaign Ad Rates

    The Republican National Committee, Republican Party of Texas and several Republican candidates Wednesday filed a fresh suit over the Federal Communications Commission's longtime requirement that broadcasters charge the lowest political ad rates for committees tied to candidates, calling it "a drag on First Amendment freedoms."

  • October 28, 2026

    CFTC's Selig Vows 'Grounded' Oversight Of Agentic Finance

    U.S. Commodity Futures Trading Commission Chairman Michael Selig said Wednesday that his agency plans to take a "grounded" approach to agentic finance that's also mindful of the risks it poses and courted industry feedback on how to address the rise of artificial intelligence in derivative markets.

  • October 28, 2026

    Landlord's Suit Over Seattle Tenant Laws Revived On Appeal

    A Washington Court of Appeals panel has reinstated a real estate company's challenge to a string of Seattle landlord-tenant laws, finding the firm has adequately detailed how the contested ordinances stunted its property rights as the owner of a downtown affordable housing development.

  • October 28, 2026

    Product Liability's Regulatory & Legislative Recap So Far

    Over the summer and early fall, lawmakers proposed measures aimed at putting safeguards around the rapidly growing industry of artificial intelligence, as public concerns over its safety climb in tandem. The new nominee to head the U.S. Food and Drug Administration also faced sharp queries over her views on vaccines and birth control.

  • October 28, 2026

    Eagle Hunt Blocked Over NM Tribes' Religious Harm Fears

    A New Mexico federal judge has for now blocked the U.S. government from issuing special permits that would allow the Pueblo of Jemez tribe to kill one bald or golden eagle within the Valles Caldera National Preserve, ruling Wednesday that such a "taking" would burden other pueblos.

  • October 28, 2026

    TB Outbreak In Wash. Prisons Yields $52M Damages Verdict

    Washington jurors returned a $52 million verdict in favor of 23 plaintiffs who accused the state's Department of Corrections of allowing an active tuberculosis outbreak to fester and spread to hundreds of people at its prison facilities over nearly two years.

  • October 28, 2026

    PayPal's Financial Offerings Are Under Fresh FTC Scrutiny

    PayPal has disclosed that it is facing a Federal Trade Commission investigation into its financial products and services, including marketing, fees and purchase protections.

  • October 28, 2026

    CFPB Audit Flags Cybersecurity Gaps Amid Staff Departures

    The Consumer Financial Protection Bureau has failed to promptly fix serious cyber weaknesses and consistently track data in its possession as staffing losses have hampered the agency's ability to safeguard its systems, according to a federal watchdog audit released Wednesday.

  • October 28, 2026

    State Dept. Owes $461M For Work During COVID, Builder Says

    Trump administration officials reneged on the U.S. Department of State's agreement to pay an Alabama-based construction giant for cost overruns while it continued working on a dozen embassy projects during the COVID-19 pandemic, according to the company's Wednesday lawsuit that seeks at least $461 million in damages.

Expert Analysis

  • 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.

  • Managing Employer Risk Under Calif.'s No Robo Bosses Law

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    California's No Robo Bosses Act marks the state's first statutory limit on using artificial intelligence in employee discipline and termination decisions, creating exposure for employers through its corroboration and notice requirements, burden-shifting framework, and potential reach under the Private Attorneys General Act, say attorneys at Reed Smith.

  • IRS Rule May Put Private Schools' Exempt Status At Risk

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    In light of recently proposed Treasury regulations that would narrow the options for diversifying student communities, private schools should reexamine how race enters their admissions, financial aid and student programs or risk losing tax-exempt status, say attorneys at Atkinson Andelson.

  • AG Watch: Minnesota Takes Action To Secure Child Safety

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    Minnesota Attorney General Keith Ellison has built one of the most aggressive and structurally coherent child protection enforcement programs in the country, targeting consumer-facing sectors that his office has concluded prey on minors, such as tobacco and nicotine, social media platforms, and artificial intelligence, say attorneys at Crowell & Moring.

  • Southern Glazer's Deal Tests FTC's Robinson-Patman Push

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    A California federal court's recent decision in Federal Trade Commission v. Southern Glazer's secures a rare Robinson-Patman Act pricing limitations agreement, but conditions attached to the decision indicate that practitioners may only see a handful of new private RPA cases a year, says Steven Cernak at Bona Law.

  • Opinion

    The SEC Crypto Proposal Rests On A Term No One Can Define

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    The U.S. Securities and Exchange Commission's recently proposed Regulation Crypto Assets is its most ambitious attempt to set rules for the crypto industry, but its repeated use of the phrase "essential managerial efforts" means it perpetuates the uncertainty the regime is meant to cure, says Joseph A. Hall at Davis Polk.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

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    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Opening Up Fraud Talks With Customers After SAR Guidance

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    Federal financial regulators’ recent statement that the Bank Secrecy Act permits financial institutions to discuss potential fraud with customers, provided they don’t reveal the existence of any suspicious activity reports, means banks that have been tighter-lipped than regulations require can consider passing additional useful information on to customers, say attorneys at MoFo.

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