Public Policy

  • September 15, 2026

    Mich. AG Says PBMs Put Opioid Profits Before Patient Safety

    Michigan Attorney General Dana Nessel has asked a federal court not to dismiss the state's lawsuit accusing pharmacy benefit managers including Express Scripts and Optum of abetting the opioid epidemic, arguing the PBMs are not passive administrators, but profit-driven architects of the crisis.

  • September 15, 2026

    Cruz Delays FCC Nom's Hearing Amid Calls To Add Dem Pick

    A bevy of civil rights organizations said Tuesday the U.S. Senate should hold off on confirming another Republican to the Federal Communications Commission unless a sitting FCC Democrat is renominated to her post.

  • September 15, 2026

    7th Circ. Debates Federalism, Bad-Faith Prosecution Limits

    A case deemed moot by the Seventh Circuit nonetheless drew commentary Monday from several judges on the court, with four calling an injunction that blocked Florida from pursuing a state court suit over youth gender-affirming care a "grievous blow" to federalism, while others said federal intervention is a "constitutional safety valve" against bad-faith prosecutions.

  • September 15, 2026

    TikTok Pay Scale Suit On Pause Pending Wash. Appeal

    A Washington state court has extended a stay in a proposed class action accusing TikTok of omitting salary information from job postings, keeping the case paused while an appeals court considers whether a key provision of the state's pay transparency law applies retroactively.

  • September 15, 2026

    Mich. Man Sues City Over Removal From Public Forum

    A Palestinian American man has sued the city of Eastpointe, Michigan, alleging its officials violated his First Amendment and civil rights by removing him from a public forum after he silently displayed a sign accusing the city council of complicity in the war in Gaza.

  • September 15, 2026

    FDA Seeks Applications For Project To Speed Up Human Trials

    Federal regulators on Tuesday launched a pilot program that will pair pharmaceutical companies with research institutions in an effort to make it faster and easier to conduct clinical trials on humans in the United States.

  • September 15, 2026

    Bessent Teases Higher AML Reporting Thresholds For Banks

    U.S. Treasury Secretary Scott Bessent told a U.S. House panel on Tuesday that the Trump administration is moving toward relaxing longstanding transaction reporting requirements for banks as part of its broader push to overhaul federal anti-money laundering rules.

  • September 15, 2026

    Next Tariff Refund Phase To Deploy Next Month, CBP Says

    U.S. Customs and Border Protection's next phase for its system administering tariff refunds for duties struck down by the U.S. Supreme Court will deploy Oct. 6, according to a declaration filed Tuesday in the U.S. Court of International Trade.

  • September 15, 2026

    Judge Bars Oregon Steelhead Stocking In North Santiam River

    A federal judge has ordered Oregon to stop releasing non-native summer steelhead into the North Santiam River for recreational fishing until the National Marine Fisheries Service updates a flawed opinion on the harms the hatchery-raised fish may pose to native winter steelhead.

  • September 15, 2026

    1st Circ. Suggests Appeal In Drug Rebate Case May Be Moot

    A First Circuit panel raised mootness concerns as it heard arguments Tuesday from drug companies appealing a ruling that prevented them from intervening in a now-dismissed case to defend a rebate model for a federal drug-pricing program. 

  • September 15, 2026

    Trade Court Orders Better Explanation For Indian Glycine Rate

    The U.S. Department of Commerce must give a better explanation for why it chose to hit an Indian exporter of glycine with an antidumping duty rate it reached using a different calculation method than expected, the U.S. Court of International Trade ruled.

  • September 15, 2026

    Justices Asked To Resolve Cannabis Dormant Commerce Split

    A California litigator's campaign of lawsuits alleging that state and local cannabis regulatory regimes violate the U.S. Constitution's dormant commerce clause has culminated in a petition for a writ of certiorari which appeared on the U.S. Supreme Court's docket Tuesday.

  • September 15, 2026

    FTC Chair Wary Of AI's Dual Push For Regs, Antitrust Shield

    Federal Trade Commission Chair Andrew Ferguson cast doubt Tuesday on the sincerity of artificial intelligence companies asking Washington for more safety regulations even as they seek antitrust exemptions so they can agree to AI development limits.

  • September 15, 2026

    9th Circ. Backs Tribe In Casino Fight, Questions Joinder Rule

    A Ninth Circuit panel has rejected a group of Anchorage, Alaska, residents' appeal to undo an order finding the Native Village of Eklutna immune from their lawsuit seeking to block a casino development, with two judges expressing some doubt over a tribe's ability to be joined in a lawsuit.

  • September 15, 2026

    Trade Court Upholds Commerce's New Mexican Pipe Duty Test

    The U.S. Department of Commerce reasonably revised its pricing analysis for Mexican exporters of certain pipes and tubes following a Federal Circuit ruling that outlawed the previously used price calculation methodology, according to an opinion issued by the U.S. Court of International Trade.

  • September 15, 2026

    Washington Sen. Murray Vows To Block Trump US Atty Pick

    President Donald Trump's nominee to be U.S. Attorney for the Western District of Washington is under fire from one of the home state senators who vowed to use every avenue possible to block him.

  • September 15, 2026

    No Pause Needed In Daniel's Law Cases, 3rd Circ. Told

    Atlas Data Privacy Corp. urged the Third Circuit to reject a bid to pause discovery in consolidated litigation over New Jersey's judicial privacy law as the appeals court considers a First Amendment challenge to the statute, arguing the defendant data brokers failed to show irreparable harm.

  • September 15, 2026

    EU States Resist Taxing Electricity No More Than Natural Gas

    Many European Union member states are opposed to a draft regulation that would require them to keep tax rates on electricity no higher than on natural gas and to adopt a tax framework supporting electricity more generally, according to comments obtained by Law360 on Tuesday.

  • September 15, 2026

    5th Circ. Backs Toss Of Texas Law Firm's Pandemic Loan Bid

    The Fifth Circuit upheld the U.S. Small Business Administration's denial of a Texas law firm's bid for forgiveness of a Paycheck Protection Program loan of about $249,000 due to the firm's failure to disclose a pending criminal complaint against its owner.

  • September 15, 2026

    Ex-Dem Rep. Gets Time Served In Benefits Fraud Scheme

    Former Georgia state Rep. Dexter Sharper has been sentenced to time served by a federal judge who also ordered him to pay back thousands of dollars in unemployment benefits he lied to collect during the coronavirus pandemic.

  • September 15, 2026

    4th Circ. Appears Split On Reviving Comey, James Indictments

    Partisan splits were apparent Tuesday on the Fourth Circuit panel hearing the Trump administration's challenge to a federal district judge's dismissal of the indictments of former FBI Director James Comey and New York Attorney General Letitia James, with two of the three judges appearing to agree an improper appointment doomed the cases.

  • September 15, 2026

    Judge Halts 'Catastrophic' Fixed-Term Student Visa Rule

    A Massachusetts federal judge Monday blocked a Trump administration rule that would have imposed restrictions on foreign student visas, finding that the federal government's purported justification for the sweeping new rules is weak and "borders on the absurd."

  • September 15, 2026

    Justices Urged To Leave Global Copyright Ruling Intact

    A Louisiana songwriter has asked the U.S. Supreme Court not to touch a ruling that allowed him to recover worldwide rights to the 1960s hit song "Double Shot (Of My Baby's Love)," saying a group of music companies had rushed the issue to the justices when only a single circuit court had weighed in.

  • September 15, 2026

    EU Parliament Approves Armenian Tariff Relief

    The European Parliament voted Tuesday to approve tariff reductions for a series of goods entering the bloc from Armenia, according to a news release.

  • September 15, 2026

    GOP Bill Would Limit International College Athletes On Roster

    Two Republican lawmakers have introduced a bill to amend the Higher Education Act by capping the number of international students on varsity sports teams at 20%, saying the limit is needed to protect opportunities for American students.

Expert Analysis

  • DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

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    The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

  • Planning For The Impact Of FinCEN's CTA Rollback

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    The Financial Crimes Enforcement Network's recent rollback of Corporate Transparency Act reporting obligations should reduce compliance costs, but its plans to revisit customer due diligence rules should prompt companies and financial institutions to reassess state beneficial ownership programs, say attorneys at Sidley.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • EPA Guidance May Simplify On-Site Power For Data Centers

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    At a moment when wait times to connect large loads to the electric grid can stretch into years, two recent U.S. Environmental Protection Agency guidance documents seek to make it easier for data center developers to set up on-site power generation — but much will depend on how quickly states and localities update their own rules, say attorneys at Alston & Bird.

  • Fed's Capital Rule Proposal Could Help Banks Stay Mutual

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    The Federal Reserve Board's recent proposal to comprehensively rewrite its capital rule and reduce procedural requirements for mutual holding companies would support community banking by allowing mutual institutions new ways to fund growth without converting to stock form, say attorneys at Nutter.

  • 8(a) Firms Face New Risks From Pass-Through Arrangements

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    ​Prime contractors and subcontractors with pass-through arrangements involving the Small Business Administration's 8(a) business development program should ensure they are prepared for heightened litigation risks created by the administration’s use of False Claims Act whistleblowers to target fraud in diversity, equity and inclusion programs, say attorneys at RJO.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • CISA Town Halls Signal Key Cyber Rule Changes Ahead

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    The Cybersecurity and Infrastructure Security Agency recently held a series of town halls to gather additional stakeholder input on the Cyber Incident Reporting for Critical Infrastructure Act, offering potential insights into how the agency may address key issues in a forthcoming final rule, say attorneys at Covington.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Home Equity Products Face Expanding Regulatory Patchwork

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    Home equity investment providers, which have recently come under scrutiny from regulators and industry groups, face meaningful burdens as the U.S. Senate and a growing number of states take divergent regulatory approaches, with no uniform standard likely anytime soon, say attorneys at Bradley.

  • How Orbital Data Centers May Test NEPA's Reach

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    With environmental and scientific groups recently pushing back against the Federal Communications Commission's proposal to exempt massive data center satellite constellations from review under the National Environmental Policy Act, the question of whether NEPA even applies to projects in space turns on three closely related issues, say attorneys at Morgan Lewis.

  • How Subchapter V Bill May Change Restructuring Analysis

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    While a recently passed Senate bill would expand the pool of businesses eligible to use the streamlined Subchapter V process, its more significant influence may be on how distressed businesses and their lenders evaluate restructuring alternatives long before a bankruptcy petition is filed, says Robert Charbonneau at Agentis.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Illinois BNPL Law Casts Wide Net Over Loan Providers

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    A new Illinois law's broad definition of buy now, pay later providers under its new dedicated licensing and supervisory regime notably imposes conduct standards similar to other consumer credit regimes and aggressively looks through a wide range of business activities and arrangements, say attorneys at Ashurst Perkins.

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