Public Policy

  • October 23, 2026

    9th Circ. Fast-Tracks Trump Admin's Student Speech Appeal

    The Ninth Circuit granted the Trump administration's request to expedite its appeal of an August district court's ruling in a suit brought by the Stanford Daily newspaper that the federal government effort to deport foreign students over their pro-Palestinian speech is unconstitutional.

  • October 23, 2026

    Lone FCC Democrat Calls E-Rate Sunset Proposal 'Misguided'

    The lone Democrat on the Federal Communications Commission has issued her support for extending The E-Rate Program to provide discounts on eligible connectivity services for schools and libraries during a visit to a New Hampshire school district.

  • October 23, 2026

    Commerce Probing Imported Pizza Boxes For Possible Duties

    Corrugated cardboard boxes of a style typically used for pizza boxes that are imported into the U.S. from Turkey, China and Malaysia are being investigated by the U.S. Department of Commerce for possibly being sold at unfair prices in the U.S., the department said Friday.

  • October 22, 2026

    'Grave Errors': 5th Circ. Boots Judge After AI 'Botch Job'

    A Mississippi federal judge's careless use of artificial intelligence tools led to "sloppy edicts" riddled with "falsehoods and fabrications," the Fifth Circuit held in a Thursday night opinion removing the judge from litigation over an anti-DEI law in the Magnolia State because of his "extraordinarily grave errors."

  • October 22, 2026

    8th Circ. Told EPA Misread Aquifer Rule For SD Uranium Mine

    Opponents of a proposed uranium mine in South Dakota told the Eighth Circuit that the U.S. Environmental Protection Agency did not deserve judicial deference regarding its reasons for exempting an aquifer from Safe Drinking Water Act protections.

  • October 22, 2026

    Feds Ask 9th Circ. To Scrap Migrant Kids' Legal Aid Injunction

    The federal government urged a Ninth Circuit panel on Thursday to let the Trump administration end legal services programs for unaccompanied immigrant minors, arguing the case is a contract dispute the court lacks authority over and the lower court is "micromanaging" the government, which "should end."

  • October 22, 2026

    States Ask DC Circ. To Ban Google From Paying To Be Default

    If the D.C. Circuit doesn't ban Google from paying to be the default search engine on people's cellphones after it was found to have illegally maintained a monopoly, state enforcers say the tech titan will remain "free to buy tomorrow's defaults with the fruits of yesterday's anticompetitive conduct."

  • October 22, 2026

    Judge Advances $60M Deal Over NYC Foreclosure Program

    A Manhattan federal judge has granted preliminary approval to a $60 million settlement resolving claims that New York City stripped property owners of their homes and accumulated equity through a foreclosure program that plaintiffs say disproportionately affected Black and Latino communities, attorneys said Thursday.

  • October 22, 2026

    Conn. Justices Seek To Define 'In Custody' For Habeas Cases

    The Connecticut Supreme Court wrestled Thursday with the definition of the term "in custody" for purposes of habeas jurisdiction, with multiple justices asking the state to clarify when a person's liberty has been restricted enough that a judge can hear his or her claims for relief.

  • October 22, 2026

    DEA Judge Will Not Reopen Marijuana Rescheduling Hearing

    The coalition fighting marijuana legalization won a partial victory after a Drug Enforcement Administration's administrative law judge on Thursday allowed into the record a U.S. Government Accountability Office report the group championed but denied new testimony on it, saying the report "speaks for itself."

  • October 22, 2026

    Feds Say States Can't Use 2025 Order To Block Grant Terms

    Twenty states asking a Rhode Island federal judge to enforce an injunction that blocked federal grant conditions requiring them to cooperate with immigration enforcement activities are improperly trying to expand its scope to rope in new conditions, the Trump administration said.

  • October 22, 2026

    Takeaways From Meta's $25B Data Privacy Trial Loss

    As Meta Platforms Inc. digests Wednesday's $25 billion trial bill for repeatedly misrepresenting its privacy practices to New Mexicans, observers say there are lessons to take away — beyond the fact that it's believed to be the largest commercial verdict in nominal dollars in U.S. history.

  • October 22, 2026

    TPS Applicants Win $660K In Fees Over Work Permit Delays

    A Washington federal judge has awarded Afghanistan and Somali citizens $660,500 in attorney fees after granting the immigrants summary judgment in a class action that challenged the government's refusal to let them work while they awaited their temporary immigration protections.

  • October 22, 2026

    Va. State Senator Accused Of Using Office To Aid Pot Shop

    Democratic Virginia state Sen. L. Louise Lucas was charged in a federal indictment unsealed Thursday with racketeering, money laundering, conspiracy to distribute marijuana and conspiracy to commit wire fraud, accused of running a criminal enterprise through a Portsmouth hemp shop.

  • October 22, 2026

    Judge Halts DHS Voter Probes Over Flawed Citizenship Data

    A California federal judge blocked U.S. Immigration and Customs Enforcement agents from visiting certain homes in nine states to question people about their voter status ahead of the midterm elections, finding that the government relied on flawed data that targeted U.S. citizens.

  • October 22, 2026

    Live Nation Details Woodward, Trump Role In DOJ Deal

    Live Nation Entertainment Inc. has offered new details on the involvement of the White House and senior Justice Department officials in its controversial midtrial settlement Democrats have cast as corrupt, confirming that Associate Attorney General Stanley E. Woodward Jr.'s office was also involved.

  • October 22, 2026

    Fla. High Court Clarifies Proof Rule In ICWA Custody Cases

    The Florida Supreme Court on Thursday upheld a decision terminating a mother's custody of her Native American daughter, ruling in an opinion that lower courts don't have to use an evidence standard under the federal Indian Child Welfare Act in parental rights cases. 

  • October 22, 2026

    Del. AG Alleges Glock Fuels Illegal Machine Gun Violence

    State Attorney General Kathleen Jennings sued Glock Inc. and its Austrian affiliate in the Delaware Chancery Court on Thursday, alleging the gunmaker knowingly sells pistols that can be converted into illegal machine guns with inexpensive devices, fueling gun violence across the state.

  • October 22, 2026

    FTC's Meador Questions 'Reliance' On Hovenkamp Treatise

    Federal Trade Commission member Mark Meador vouched Thursday for an "aggregation" theory of antitrust violations that can combine conduct that may not be anticompetitive individually, in a Houston speech that also took direct aim at a foundational academic treatise of modern competition law.

  • October 22, 2026

    Tribe Says Low Crossings Undercut Border Wall Argument

    The Tohono O'odham Nation is renewing its push for the D.C. Circuit to do what a district judge refused and block border wall construction through its Arizona reservation pending the tribe's appeal, arguing that a brief pause in construction would pose little risk with border crossings at record lows.

  • October 22, 2026

    Dems Seek GAO Review Of $166B Tariff Refund Operation

    Democratic lawmakers serving in the U.S. House and Senate asked for the Government Accountability Office to evaluate Customs and Border Protection's administration of a tariff refund system designed to repay importers the $166 billion in paid duties deemed unlawful earlier this year by the U.S. Supreme Court, according to a Thursday news release.

  • October 22, 2026

    GOP Reps. Seek Probe Of Fla. Judge's Sanctions Order

    Top Republicans on the House Judiciary Committee asked the Judicial Conference Thursday to investigate a Florida federal judge for potential misconduct with an order she issued in the case involving the leak of President Donald Trump's tax returns.

  • October 22, 2026

    EEOC Sets Meeting On Criminal History Guidance Recall

    The U.S. Equal Employment Opportunity Commission announced Thursday it will host a public meeting next week on its plans to scrap guidance governing the use of workers' arrest and conviction records in employment decisions.

  • October 22, 2026

    NC Gov. Hauls Election Board Appointment Fight To Top Court

    North Carolina Gov. Josh Stein is taking a constitutional challenge over who has the authority to appoint members to the state and county election boards to the state's highest court, asking the justices to decide whether legislators lawfully transferred that power from his office to the state auditor.

  • October 22, 2026

    UPS Waiting On Feds To Refund Tariff Costs, Court Told

    An Atlanta federal court should, at minimum, pause a proposed class action looking to force UPS to reimburse customers for costs they incurred as the result of struck-down reciprocal tariffs, the shipping giant said, as the company itself is still waiting on refunds.

Expert Analysis

  • FTC's BOTS Act Blitz Raises Stakes For Ticket Resellers

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    Recent lawsuits and enforcement actions brought by the Federal Trade Commission under the Better Online Ticket Sales Act signal sustained ticket industry enforcement, but industry actors can reduce risk by screening practices and partnerships related to ticket purchasing, and evaluating the scale of their ticket operations, say attorneys at Holland & Knight.

  • AGs' Paramount Settlement Reflects States' Growing Influence

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    The recent California federal court approval of the California v. Paramount Skydance settlement illustrates how state attorneys general are gaining new independence and influence, and companies must account for state enforcement when assessing merger risks ahead of a deal's closing, say attorneys at Norton Rose.

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

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    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

  • 6th Circ. Spotlights Cannabis Contract Enforceability Risks

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    The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

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    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

  • Tracking The 2027 Va. Bills That May Tighten Data Center Regs

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    Data center developers and operators should monitor Virginia legislation responding to the state's new data center accountability framework, local moratoria and the end of an electricity consumption tax, which could change review thresholds, impose new energy rules and slow the approval process, say attorneys at Holland & Knight.

  • How Bipartisan Permitting Reform May Boost Green Energy

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    After years of false starts, Congress may finally be nearing a meaningful overhaul of the federal permitting process — and the proposed legislation could provide renewable energy developers with faster project reviews, more durable permits and greater protections from litigation, says Jon Micah Goeller at Husch Blackwell.

  • OCC Plan May Bring Data Sharing Flexibility, Diligence Issues

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    The Office of the Comptroller of the Currency's recent proposal to overhaul its supervisory information sharing regime for the first time in decades would provide important flexibility to banks, but it could create new issues around confidentiality agreements, disclosure controls and diligence processes, say attorneys at Simpson Thacher.

  • Where DOJ's Fraud Directive May Actually Affect Enforcement

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    The U.S. Department of Justice’s recent directive outlining corporate fraud enforcement priorities is mostly a management document instead of a policy, but one part may actually undermine the directive's goals by leading to worse outcomes for organizational defendants and less corporate self-disclosure, says Zachary Warren at Williams & Connolly.

  • Rebuttal

    North Carolina's Funding Ban Is An Outlier, Not A Model

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    A recent Law360 guest article argues that North Carolina's litigation funding ban should be adopted by other states, but that analysis overstates what North Carolina did and misjudges how the law will travel, says Dai Wai Chin Feman at the International Legal Finance Association.

  • Challenges On The Horizon For Illinois Data Center Projects

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    Illinois has more data centers in operation or under construction than all but five other states — but such projects face growing litigation threats and a range of state and local legislative proposals that could hinder further development of these facilities in the Land of Lincoln, say attorneys at Paul Hastings.

  • Planning For D&O Exclusions As Risks Mount For Banks

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    Banks should scrutinize directors and officers exclusions for artificial intelligence, disclosure and cybersecurity risks during policy renewal negotiations to preserve coverage amid the current uptick in insurer scrutiny and related shareholder litigation, say attorneys at Jones Walker.

  • Why The SEC Proposed Rescinding Its 'Pay-To-Play' Rule

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    The U.S. Securities and Exchange Commission's recent proposal to nix its pay-to-play rule governing political contributions by investment advisers follows years of industry advocacy and commissioner criticism that it suppresses political speech and affects hiring, say attorneys at Simpson Thacher.

  • Transfer Pricing Analyses May Apply To Tariff Refunds Claims

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    Both plaintiffs and defendants in consumer class actions over tariff refunds should examine transfer pricing analyses, which can offer contemporaneous evidence as to how much of a tariff was borne in the U.S. by the importer or consumers rather than absorbed earlier in the supply chain, say economists at The Brattle Group.

  • CFIUS Annual Report Reveals Enforcement Trends

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    The Committee on Foreign Investment in the United States' recently published annual report to Congress shows that it is increasingly focused on nonnotified transactions, mandatory filing compliance, critical technologies and postclosing mitigation enforcement across the full life cycle transactions, say attorneys at Bass Berry.

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