Public Policy

  • November 05, 2026

    Chinese Rubber Chemical Facing 285% US Antidumping Duty

    Imports of a chemical from China primarily used in rubber production are facing a possible major antidumping duty after the U.S. Department of Commerce on Thursday preliminarily found the chemical is being sold at less than fair value.

  • November 04, 2026

    Fintechs Prepare For Blue Wave's Flood Of Investigations

    Democrats rode Tuesday night's blue wave to take control of both chambers of Congress, scuttling the legislative hopes of a crypto industry that's now battening down the hatches for a flood of investigations into its ties to the Trump administration, consumer protection and financial crime.

  • November 04, 2026

    1st Circ. Revives Temu Suit Against IP Atty, Citing Jurisdiction

    The First Circuit has revived Chinese e-commerce company Temu's lawsuit accusing an intellectual property attorney of lying to secure settlements with a pair of clients, finding that the lower court failed to consider jurisdictional questions.

  • November 04, 2026

    Attys Consider Corporate Implications Of Blue Texas

    Texas attorneys have already started weighing new strategies in the wake of Texas' historic blue shift, led by a new attorney general and a new governor who have pledged to bring more industry regulation and consumer protections to the Lone Star State.

  • November 04, 2026

    Woman Tells 11th Circ. Sexual Assault Gag Clause Is Invalid

    A woman who claimed she was sexually assaulted by her former intimate partner asked the Eleventh Circuit on Wednesday to overturn a $2.7 million judgment against her for breaching a confidential agreement with the ex-partner, arguing the question of the contract's validity is one for a jury.

  • November 04, 2026

    OCC Maps Out How Its Examiners Will Review Banks' AI Use

    The use of artificial intelligence at banks to conduct payments, decide loan applications or perform other high-stakes activities autonomously could face closer examiner scrutiny under a new supervisory framework issued Wednesday by the Office of the Comptroller of the Currency.

  • November 04, 2026

    Md. Judge Extends Asylum Deal Over 84 Wrongful Removals

    A Maryland federal judge is extending the deadline for a settlement that protects certain asylum-seekers from deportation until their applications are fully processed, after finding that the U.S. Department of Homeland Security wrongfully deported at least 84 people covered by the settlement. 

  • November 04, 2026

    Strand Bookstore To Pay $1.5 Million Over Improper PPP Loan

    New York's Strand Bookstore has agreed to pay nearly $1.5 million to resolve claims that it improperly applied for and received a Paycheck Protection Program loan that it was not eligible for, while under the control of the wife of U.S. Sen. Ron Wyden, D-Ore.

  • November 04, 2026

    NY Judge Won't Block State Ban On Local ICE Agreements

    A New York federal court declined to block a new state law barring local law enforcement from reaching voluntary agreements with the federal government to assist in immigration enforcement, finding that a group of sheriffs likely lack the capacity to sue.

  • November 04, 2026

    NM Broadband Officials Say State Still Needs E-Rate

    As the Federal Communications Commission considers the future of the E-Rate program, which subsidizes the cost of internet for schools and libraries, including whether to sunset it entirely, New Mexico has told the agency that ending the program would be a mistake.

  • November 04, 2026

    Senate Permitting Bill May Sink Beneath Blue Wave

    The chances of Congress passing legislation aimed at speeding permits for infrastructure projects plummeted as Democrats seized control of Capitol Hill in Tuesday's elections, and any related bill introduced in 2027 could look a lot different than the current version.

  • November 04, 2026

    DOJ Says Epshteyn Will Answer ABA Service Motion

    Trump advisor Boris Epshteyn will answer for himself why he has allegedly been evading subpoenas in the American Bar Association's legal challenge to the administration's law firm targeting campaign, the U.S. Department of Justice said on Wednesday.

  • November 04, 2026

    DOD Says It Has Resumed Wind Project Reviews

    The U.S. Department of Defense urged an Oregon federal judge to reject renewable energy backers' claim that the Pentagon has continued its unlawful freeze on reviewing proposed wind energy projects, saying reviews have resumed at every stage.

  • November 04, 2026

    Anti-Pot Group Eyes New Repeal Pushes After Mass. Loss

    After Election Day, anti-cannabis activists are pledging to bring repeal efforts to other states despite a decisive defeat in Massachusetts, while pro-cannabis industry and consumer-focused groups say they hope to work with a Democrat-controlled Congress to secure federal reform.

  • November 04, 2026

    Wash. Voters Reject Repeal Of Tax On Millionaires

    Washington will allow taxation of individual income and, in turn, keep a recently approved high-earner tax, the state's governor said Wednesday.

  • November 04, 2026

    NY Panel Tosses Challenge To Rollout Of NYC 2nd-Home Tax

    A New York state appeals court threw out a challenge lodged by homeowners to the rollout of New York City's tax on high-value second homes, saying they lacked standing to bring the suit.

  • November 04, 2026

    Wash. Justices Won't Hear Concrete Co.'s $649K Wage Appeal

    Washington's highest court declined to review a concrete company's challenge to a state agency's finding that it underpaid workers who used radar and X-ray imaging to scan concrete on a Seattle-area light rail bridge project, leaving the company on the hook for nearly $649,000 in unpaid wages and interest.

  • November 04, 2026

    Judge Says CFTC Likely Overstepped On Stock Perpetuals

    A New York federal judge said the U.S. Commodity Futures Trading Commission likely exceeded its authority when it signed off on the trading of perpetual contracts tied to individual stocks, but stopped short of hitting it with a temporary restraining order in a suit brought by a special interest organization backed by Cboe Global Markets Inc.

  • November 04, 2026

    Groups Ask 11th Circ. To Affirm Block Of Trump-IRS Deal

    A consumer advocacy organization and an ethics watchdog group urged the Eleventh Circuit on Wednesday to affirm a Florida federal judge's order finding President Donald Trump's $10 billion suit against the IRS and the resulting settlement deal lacked legitimate controversy, saying his suit threatens the judicial branch's integrity.

  • November 04, 2026

    Altria Tells 4th Circ. ITC Patent Cases Are Unconstitutional

    Altria has asked the Fourth Circuit to undo a district court decision allowing a patent case in the U.S. International Trade Commission brought against it by Juul to proceed, saying the Constitution dictates that private patent disputes belong in the courts.

  • November 04, 2026

    NJ Justices Skeptical Court Can Void Jersey City Sewer Pact

    The New Jersey Supreme Court appeared skeptical Wednesday that it had the authority to void a decades-old settlement agreement requiring Jersey City to pay for the water treatment costs of nine municipalities, with justices questioning whether they were being asked to overrule the state's sewage authority law.

  • November 04, 2026

    Gene Firm Sues Pentagon Over 'Chinese Military' Label

    A Chinese genetic sequencing company has sued the Pentagon, saying it was wrongly labeled a "Chinese military company" without a warning or a chance to respond.

  • November 04, 2026

    Witness Against Fugitive Conn. Budget Official Gets Probation

    A witness who testified that she hired the daughter of fugitive Konstantinos Diamantis under pressure was sentenced Wednesday to two years of probation after cooperating with the FBI and admitting to one count of conspiring to bribe the former Connecticut budget official.

  • November 04, 2026

    AGs Say Taro's $200M MDL Deal Doesn't Bar Their Claims

    Dozens of state attorneys general urged a Connecticut federal judge Tuesday not to let Taro Pharmaceuticals block a swath of their price-fixing claims with a $200 million settlement it struck with plaintiffs in separate multidistrict litigation, arguing the claims and plaintiffs are too separate to bind one another.

  • November 04, 2026

    Ex-Utility Regulator's $2,500 Fine Suit Meets Skeptical Judge

    A Connecticut judge appeared skeptical Wednesday of former Public Utilities Regulatory Authority chair Marissa P. Gillett's bid to keep alive a lawsuit challenging a $2,500 open records commission fine, pushing Gillett's lawyer to concede that because the authority tendered payment, the ex-chairperson was no longer personally on the hook.

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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