Public Policy

  • November 09, 2026

    USTR Extends Vietnam Section 301 IP Investigation

    The U.S. Trade Representative is extending its investigation into Vietnam's trading practices for three more months, according to a notice published Monday.

  • November 09, 2026

    Trump Eyes OLC Chief For Texas Judgeship After Midterms

    President Donald Trump is considering the head of the U.S. Department of Justice's Office of Legal Counsel for a federal judgeship in Texas, a process that started right after the Democrats won big in last week's midterm elections.

  • November 09, 2026

    Justices Turn Down 'Antifa' Activist's Bid For Pretrial Release

    The U.S. Supreme Court on Monday declined to hear a self-described "antifa" member's argument that he should be released from jail while he awaits trial on charges that he cyberstalked and threatened a social media supporter of U.S. Immigration and Customs Enforcement.

  • November 09, 2026

    Justices Decline Review In Real Estate Row Over Pot Biz

    The U.S. Supreme Court on Monday declined to hear a real estate developer's case against the city of Pontiac, Michigan, alleging municipal officials violated constitutional rights by delaying approvals of a proposed cannabis operation until it was no longer viable.

  • November 09, 2026

    High Court Turns Away Builder's 6th Circ. NLRB Challenge

    The U.S. Supreme Court declined Monday to rethink how courts interpret the contours of National Labor Relations Board policies, rejecting a builder's challenge to a Sixth Circuit ruling permitting a union to withdraw from group contract negotiations.

  • November 09, 2026

    High Court Passes On Roberto Clemente Plate TM Dispute

    The U.S. Supreme Court on Monday declined to take up a dispute between Roberto Clemente's sons and Puerto Rico over commemorative license plates bearing the baseball legend's name and image.

  • November 06, 2026

    What To Know About Colo. AG-Elect Jena Griswold

    Colorado Secretary of State Jena Griswold won the Colorado attorney general race Tuesday, and many are wondering what to expect from the incoming top legal officer for the state.

  • November 06, 2026

    Creek Freedmen Say Chief Can't Defy Citizenship Ruling

    Two descendants of Black people once enslaved by an Indigenous tribe implored an Oklahoma federal court to keep alive their challenge to an effort to deny them citizenship in the Muscogee (Creek) Nation, saying the tribe's principal chief has for more than a year defied a tribal Supreme Court ruling that gave them the right and is wrongly trying to use an immunity claim to avoid a federal treaty that guarantees them citizenship.

  • November 06, 2026

    DC Circ. Mulls Whether Gov't Can Drag Feet On Afghan Visas

    The D.C. Circuit didn't seem so sure Friday morning that thousands of Afghan and Iraqi citizens who helped U.S. forces overseas should be stripped of their class status as they sue the government for making them wait more than five years for their special visa applications to be processed.

  • November 06, 2026

    Harvard Says EEOC Charge Is Retaliation For Defying Trump

    Harvard University on Friday urged a Massachusetts federal judge to reject the Equal Employment Opportunity Commission's request for hiring data on thousands of applicants and employees, calling it the "latest escalation" of a "persistent, all-out campaign to punish Harvard for refusing to acquiesce" to the Trump administration's efforts to exert control over the school.

  • November 06, 2026

    Cities, Counties Fight Revival Of FEMA Election Conditions

    Cities and counties in Ohio, Tennessee and Texas, along with two dozen state allies, urged the D.C. Circuit to reject the Trump administration's push to revive a vacated Federal Emergency Management Agency rule that conditioned counterterrorism grant funding on election policy changes.

  • November 06, 2026

    Calif. Picks Atty With Overhaul Plans For New Insurance Chief

    California voters elected as their new insurance commissioner a former San Francisco supervisor who wants to overhaul the state's insurance system by establishing a state-run universal disaster insurance program that would guarantee coverage for wildfires and floods.

  • November 06, 2026

    Schedule Clashes May Keep Chicago DOJ Testimony In Place

    Another Chicago prosecutor ordered to testify about the circumstances surrounding a since-dropped push to prosecute six "Operation Midway Blitz" protesters says the hearing may be approaching too quickly, but a federal judge says she won't reschedule it unless all parties involved agree on the next date.

  • November 06, 2026

    FinCEN Scraps Unpopular Cross-Border Recordkeeping Plan

    The Financial Crimes Enforcement Network said Friday it has withdrawn a controversial six-year-old proposal that planned to significantly lower the threshold for collecting and transmitting identifying information for financial transactions across U.S. borders and apply the requirements to cryptocurrency.

  • November 06, 2026

    Colo. Asks For Early Win In Ex-Official's Race Bias Suit

    Colorado and its officials urged a federal judge Friday to grant them an early win in a race discrimination lawsuit brought by a former state agency head, contending the ex-employee's claims fall short because the state terminated her for performance issues and insubordination.

  • November 06, 2026

    Morgan Stanley Says Deal Near In VRDO Rate-Rigging Suit

    Morgan Stanley has informed investors that a tentative settlement has been reached in a New York federal court class action accusing major banks of rigging interest rates on municipal debt securities known as variable rate demand obligations.

  • November 06, 2026

    Dem Takeover Points To Reset On College Sports Legislation

    The looming Democratic takeover of both congressional chambers signals doom for quick action on college sports oversight, with a crowded calendar and the new majority's wishes to reshape the legislation emerging as roadblocks to a Senate-approved bill.

  • November 06, 2026

    Judge's Oregon Water Reservoir Ruling Faces 9th Circ. Appeal

    A city and county in Oregon have appealed to the Ninth Circuit a federal judge's decision refusing to block a water reservoir drawdown plan by the U.S. Army Corps of Engineers designed to protect endangered salmon in the Willamette Valley System.

  • November 06, 2026

    Up Next At High Court: Pipeline Takings & H-2A Fines

    The U.S. Supreme Court will wrap up its November sitting by hearing disputes over whether federal or state law should control how much compensation landowners receive for private condemnations under the Natural Gas Act and if the U.S. Department of Labor can use in-house courts to issue civil penalties for violations of its temporary agricultural worker program. 

  • November 06, 2026

    UMich Protest Plaintiff Seeks Dismissal Amid Criminal Case

    A former University of Michigan employee who alleges she was fired for participating in a pro-Palestine protest has asked to be temporarily dropped from her employment retaliation lawsuit against the university, arguing that continuing with the case may jeopardize her defense in a parallel federal criminal case.

  • November 06, 2026

    FCC To Allow Cable Biz's Router Hardware Upgrades

    The Federal Communications Commission's staff has granted a one-year waiver to a major cable industry group, so its members can make certain hardware changes to previously approved routers that now fall under a national security restriction.

  • November 06, 2026

    DOJ Says Current Magnet School Grants Are Unconstitutional

    The U.S. Department of Justice said Thursday that the U.S. Department of Education's implementation of a magnet school grant program runs afoul of the U.S. Constitution's equal protection clause, finding it "largely functions as a racial-balancing initiative."

  • November 06, 2026

    Sea Bass Fishing Isn't Banned In S. Atlantic, 11th Circ. Told

    A seafood company asked the Eleventh Circuit on Friday to reverse the government's denial of a permit to import frozen sea bass caught in a region of the South Atlantic, arguing a federal agency embargoed the fish after wrongly concluding there was a total prohibition on commercial fishing there.

  • November 06, 2026

    DHS Final Rule Imposing Fines Violated Order, Court Told

    The U.S. Department of Homeland Security violated a September court order by issuing a final rule and a notice that purport to ratify billions of dollars in fines imposed on immigrants accused of remaining in the country following removal orders, plaintiffs in a class action challenging the policy said in a pair of emergency motions Friday.

  • November 06, 2026

    Michigan Utilities Sue Over New Political Donation Ban

    Michigan utility companies Consumers, DTE and CMS have filed a federal lawsuit seeking to block a new campaign finance law restricting political contributions from utilities and their affiliates that was approved by over 80% of voters, alleging the new law violates their free speech rights.

Expert Analysis

  • Opinion

    A Capital Markets Agenda For The New Congress

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    When the 120th Congress convenes in January, it should place capital markets issues near the top of its to-do list, with a focus on legislation that can make the public company model more competitive, says David Kaufman at Thompson Coburn.

  • A Defense Attorney Playbook For Challenging Flock Evidence

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    As law enforcement continues to bring charges based on evidence from Flock cameras and other automated license plate readers, defense counsel should consider four key categories for discovery requests and motions to compel such evidence, says Tamar Lerer at the New Jersey Office of the Public Defender.

  • FinCEN Scam Alerts Push Banks To Rethink AML Monitoring

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    Recent Financial Crimes Enforcement Network guidance on digital asset scams suggests that future anti-money laundering examinations may focus less on whether institutions detect the movement of criminal proceeds and more on whether they can identify fraud schemes before victims suffer catastrophic losses, say attorneys at Ballard Spahr.

  • How AI Could Help Judges Spot Their Own Biases

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    In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.

  • Assessing Hidden Risk Of Administrative Agency Settlements

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    Though administrative resolutions of U.S. Securities and Exchange Commission investigations may seem preferable to settled federal court actions, the possibility that private plaintiffs may use commission orders in follow-on litigation poses an extra risk, increasing the importance of negotiating the settlement's form and language, say attorneys at Debevoise.

  • State Of Insurance: Q3 Notes From Pennsylvania

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    Pennsylvania courts issued several noteworthy insurance decisions last quarter, offering practical guidance for insurers evaluating public policy coverage disputes, drafting umbrella policy language and defending litigation involving claim file discoverability, says Todd Leon at Marshall Dennehey.

  • Risk Management Tips For Cos. Deploying Open-Weight AI

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    While many enterprises building out their artificial intelligence strategies are considering open-weight models, the Open-Source AI Leadership Act and accompanying congressional oversight letters to prominent tech and consumer companies signal that opportunity and legal risk are being discovered and evaluated on the same timeline, say attorneys at Cooley.

  • West Point Prof's Suit Tests Public Employee Speech Limits

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    A recent complaint in New York federal court alleging that West Point unlawfully terminated a professor who challenged a directive banning references to human causes of climate change could illuminate how academic freedom and public employee speech protections apply at a military academy, say attorneys at Foley & Lardner.

  • Compete Act Reinforces Calif.'s Antitrust Leadership Role

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    California's recent passage of the Compete Act, which expands the state's principal antitrust statute's focus on concerted multifirm conduct to business dealings between two or more firms, underscores California's leadership in state antitrust enforcement as attorneys general move to fill perceived gaps left by reduced federal oversight, say attorneys at Skadden.

  • NHTSA Vehicle Recorder Rule Highlights Crash Data Protocols

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    An amended rule from the National Highway Traffic Safety Administration will soon require vehicle event data recorders to capture more information about crashes — but to turn that data into evidence, attorneys, claims professionals and fleet managers must properly obtain and preserve it after an incident occurs, says Andrew Haling at Pathway Law.

  • What Expanded CMS Authority Means For Health Compliance

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    A recent delegation gives the Centers for Medicare & Medicaid Services independent authority to impose permissive exclusions, creating a more active federal enforcement system with heightened risks for healthcare organizations, says Jose Vela at Clark Hill.

  • Online Presence Complicates Defamation's Public Figure Test

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    Recent defamation cases demonstrate that online presence can affect how courts distinguish between public and private figures, so litigants should consider several questions when evaluating potential claims and defenses where public figure status may affect the litigation, such as whether there is a connection between the plaintiff's public activities and the alleged defamation, say attorneys at Brown Rudnick.

  • Navigating Criminal Liability Under Calif. Worker Safety Law

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    A new California law mandates agency investigation across several types of workplace safety incidents, eliminates prior discretion and imposes unprecedented parallel criminal investigations, but employers can take steps to manage the heightened enforcement risk, say Stacey Geis at Crowell & Moring and Karen Tynan at Ogletree.

  • Midterm Elections Outlook For Financial Services

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    A change in congressional control after the upcoming midterm elections could bring about slower regulatory approvals, intensified oversight and shifting enforcement priorities for the financial services industry, say attorneys at Covington.

  • New Manhattan DA Task Force Puts Antitrust In Its Crosshairs

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    The Manhattan District Attorney's Office's new corporate crime and antitrust task force is adding local criminal enforcement to a field long led by federal authorities, meaning companies need to account for potential parallel federal and state antitrust investigations when responding to misconduct, say attorneys at Ropes & Gray.

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