Public Policy

  • March 04, 2026

    Split 4th Circ. Shields Musk From USAID Deposition, For Now

    The Fourth Circuit on Wednesday ruled that Elon Musk and two former U.S. Agency for International Development officials will not, for now, have to testify in litigation ex-employees filed accusing the billionaire of illegally dismantling the foreign aid agency, saying no "extraordinary circumstances" justified the depositions.

  • March 04, 2026

    1988 Privacy Law, New Tracking Tech: Supreme Court Steps In

    The U.S. Supreme Court will soon hear a dispute over a decades-old video data privacy law, a matter that's expected to have major implications for not only the crush of litigation brewing under the statute but also for similar disputes involving the application of older statutes to the unanticipated capabilities of modern technology.

  • March 04, 2026

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    If this month's circuit calendars were a March Madness bracket, we'd struggle to pick the top-seeded showdown. Big Pharma against the False Claims Act, or big business against President Donald Trump's visa fees? A big bank's view of "human life wagers," or en banc review in a State Farm class action?

  • March 04, 2026

    GAO Official Says US Military Faces Readiness Problem

    A U.S. Government Accountability Office director told lawmakers Wednesday that U.S. military readiness has degraded over the past two years, amid the Trump administration's assurances that the military has sufficient munitions to carry on with its war against Iran.

  • March 04, 2026

    CVS Beats Antitrust Suit Over 340B Drug Program, For Good

    CVS Health Corp. permanently defeated a proposed antitrust class action alleging it forced hospitals in a discount drug program to use its third-party administrator for savings, when a Pennsylvania federal judge ruled Tuesday that hospitals aren't required to contract with CVS and can pick Walgreens or other participating pharmacies to contract with.

  • March 04, 2026

    CSBS Chief Warns Of OCC Charter, Preemption Overreach

    The head of the Conference of State Bank Supervisors fired a warning shot at the Office of the Comptroller of the Currency on Tuesday, accusing the agency of stretching its chartering and preemption powers too far and signaling that states could challenge the moves in court.

  • March 04, 2026

    9th Circ. Spurns Uber's Bid To Halt Seattle Gig Worker Law

    A divided Ninth Circuit panel on Wednesday rejected Uber and Instacart's attempt to block a Seattle law regulating deactivation of app-based worker accounts, rejecting the companies' contention that the ordinance amounts to a First Amendment violation.

  • March 04, 2026

    ICE Detainees Aren't Owed Bond Hearings, DOJ Tells 9th Circ.

    A Justice Department attorney Wednesday urged the Ninth Circuit to reverse a district judge's ruling that a Trump administration policy denying bond hearings to detainees at an ICE facility is unlawful, arguing the detainees aren't eligible to challenge their detention because they're "seeking admission" to the country.

  • March 04, 2026

    Senator Asks DOJ To Reassess NFL's Antitrust Exemption

    It cost nearly $1,000 all said to watch every single National Football League game this season, between cable packages and streaming services, and one senator is wondering whether it's time for the U.S. Department of Justice to take another look at the league's antitrust immunity.

  • March 04, 2026

    Consumer Protection Measures On Tap For March FCC Votes

    The Federal Communications Commission has consumer protection on the brain, and during its monthly meeting at the end of the month, it will focus on matters related to keeping consumers safe, the agency said.

  • March 04, 2026

    SEC Takes Step Toward Issuance Of Crypto 'Taxonomy'

    The U.S. Securities and Exchange Commission has sent its forthcoming "token taxonomy" to the Office of Information and Regulatory Affairs for review, marking a procedural step toward issuing guidance on which crypto assets and transactions trigger securities laws.

  • March 04, 2026

    Colo. Judge Dismisses Builder's Housing Fees Suit

    A Colorado federal judge has dismissed a Denver home builder's complaint against the city contending fees and restrictions required through two ordinances violate the takings clause of the Fifth Amendment.

  • March 04, 2026

    Polymarket Challenges Mich.'s Gambling Law Enforcement

    Polymarket US filed suit Wednesday seeking to block Michigan from enforcing its gambling laws against the prediction-market exchange, marking the latest in the fight between prediction-market exchanges and state regulators that is playing out across the country.

  • March 04, 2026

    Kids Ask Alaska Justices To Revive LNG Project Climate Fight

    Eight young Alaskans urged the state's justices to revive litigation seeking to block the only permitted liquefied natural gas export project on the nation's Pacific coast, arguing they've sufficiently alleged the project's scale would cause "a colossal level of climate pollution" harming their constitutional rights to public trust resources.

  • March 04, 2026

    Texas Says Lone Star State's Shape Can't Be A Trademark

    Texas sued a precious metals dealer in federal court seeking to invalidate its trademark registrations of generic shapes of the state of Texas and the state flag's iconic Lone Star, arguing Monday that the dealer is attempting to monopolize the symbols and strong-arm the state into paying "exorbitant royalties" to sell Texas-themed commemorative items.

  • March 04, 2026

    NLRB May Make Changes Despite Vacancies, Member Says

    A National Labor Relations Board member suggested at an American Bar Association conference Wednesday that the new majority may depart from a practice of withholding precedent changes without three votes and the new top prosecutor rebuffed calls from union attorneys to set out her legal priorities.

  • March 04, 2026

    Okla. Judge Lets Pot Grower Save Plants Amid Dispute

    An Oklahoma state judge has allowed a cannabis grower to tend to and preserve its plants while it challenges an order from regulators suspending its operations.

  • March 04, 2026

    Union Wins Right To Defend Colorado's County Union Law

    A judge in Colorado federal court granted Wednesday a motion from a union group seeking to intervene to defend a Colorado statute challenged by a county that claims the law, which expands county employees' right to unionize, is unconstitutional.

  • March 04, 2026

    Trump's FCA Expansion Plan Heightens Compliance Risk

    In light of the Trump administration's record False Claims Act enforcement haul, companies should be especially mindful of a planned expansion in the scope of enforcement and the false compliance certification risks that may bring, attorneys say.

  • March 04, 2026

    DHS Chief Denies Court Order Violations Amid Criticism

    Testifying before a House committee Wednesday, Homeland Security Secretary Kristi Noem said that during her tenure, the agency has never violated a court order despite what a number of judges say is vast evidence to the contrary.

  • March 04, 2026

    Housing Groups Slam $68M Colony Ridge Fair Lending Deal

    Public interest groups are urging a Texas federal judge to reject the Trump administration's proposed settlement of a Biden-era predatory lending case against a Houston-area developer, arguing it would improperly bankroll immigration enforcement while stiffing harmed borrowers.

  • March 04, 2026

    Confederate Monument To Stay At NC Courthouse, Panel Says

    "Negative feelings" about a century-old Confederate monument installed outside a North Carolina courthouse can't sustain the NAACP's constitutional challenge seeking its removal, a state appeals court said Wednesday in ruling the monument can stay.

  • March 04, 2026

    Judge Calls FTC's Boycott Subpoenas 'Exceedingly Broad'

    The Federal Trade Commission battled Wednesday with the latest challenger to its administrative subpoenas examining an alleged advertising boycott of conservative voices in front of a D.C. federal judge who offered few hints about whether she'll temporarily block the information demands but did call them extremely broad.

  • March 04, 2026

    Justices Mull Cracks In Freight Broker Liability Shield

    The U.S. Supreme Court appeared unsure Wednesday whether a federal law economically deregulating the commercial trucking industry also extends to shielding freight brokers from state-law liability for highway crashes that have killed or injured people.

  • March 04, 2026

    Judge Questions DOJ Stance In ABA's Intimidation Suit

    A Susman Godfrey LLP attorney told a district judge that the Trump administration's recent double-reversal on its executive orders targeting law firms proved that attorneys fighting government action face a real and ongoing threat and urged the judge not to toss a suit from his client, the American Bar Association, to end the "Intimidation Policy."

Expert Analysis

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Compliance Takeaways Amid Subscription Practices Scrutiny

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    The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • How Leveraged Lending Pivot May Alter Bank Risk Oversight

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    The Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency's recent withdrawal of leveraged lending guidance introduces several principles that may allow banks to better apply enterprisewide risk management programs and potentially create additional competition in the private credit loan market, say attorneys at Mayer Brown.

  • Pros And Cons Of FDA's Push For Nonprescription Drugs

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    The U.S. Food and Drug Administration's recent moves to shift more prescription drugs to over-the-counter status could increase access to important medications, but also bring potential safety risks and other trade-offs for drug companies, say attorneys at Hogan Lovells.

  • Why SDNY May Be Dusting Off The Financial Kingpin Statute

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    The Southern District of New York’s recent fraud indictments against executives of bankrupt companies Tricolor and First Brands have seemingly revived the Continuing Financial Crimes Enterprise statute, and if the cases succeed, prosecutors across the country will have ample reason to reach for this long-dormant tool, say attorneys at Lankler Siffert & Wohl.

  • What's Changed In Army Corps' Reissued Nationwide Permits

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    The final rule recently issued by the U.S. Army Corps of Engineers, renewing and revising nationwide permits for projects covered by Section 404 of the Clean Water Act, makes measured adjustments rather than sweeping revisions, addressing key operational and compliance concerns while maintaining the existing framework, say attorneys at Spencer Fane.

  • What Kalshi Cases Reveal About State Authority, Regulation

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    Prediction markets like Kalshi have ignited complex legal battles that get to the heart of how novel financial products intersect with traditional state enforcement authority, and courts are already beginning to divide over whether federal law preempts state enforcement authority restricting these offerings, say attorneys at Holtzman Vogel.

  • Parsing Clarifications On Foreign Entity Rules For Tax Credits

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    Recent U.S. Internal Revenue Service and Treasury Department guidance answers taxpayer questions on several key foreign entity rules under the One Big Beautiful Bill Act, but questions remain over transactions with companies that have ties to covered nations such as Iran, say attorneys at Cleary.

  • What US Arms Sales Reforms Mean For Defense Industry

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    A recent executive order with the goal of increasing U.S. arms sales transparency, speed and government-industry collaboration carries both promise and risk for the defense industry as the government seeks to leverage the private sector and use commercial products for defense purposes, say attorneys at Fluet.

  • Prepping For The Future Of No Surprises Act Enforcement

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    This year is expected to be a transition point for the No Surprises Act framework from regulatory delay to operational enforcement, so stakeholders should use this time to stress-test systems, clean up processes and prepare for enforcement, say attorneys at Akerman.

  • A Tale Of 2 Self-Disclosure Policies: How SDNY, DOJ Differ

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    Though the U.S. Attorney’s Office for the Southern District of New York’s recently announced corporate enforcement and voluntary self-disclosure policy shares many similarities with that of the U.S. Department of Justice, the two programs differ in meaningful ways, including subject matter scope and timeline to declination, say attorneys at Wiley.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • What Employers Should Know About Calif. PAGA Proposal

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    Recently proposed regulations concerning the Private Attorneys General Act evidence an intent by California's Labor and Workforce Development Agency to play a greater role in the prosecution of PAGA actions, including more oversight over the exhaustion notices and settlement process, say attorneys at Paul Hastings.

  • FTC Focus: Antitrust Spotlight On 'Acqui-Hires,' Noncompetes

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    A recent Federal Trade Commission focus on labor issues, like 'acqui-hire' deals, in which only a company's workforce is acquired, and noncompetes, shows that the agency is scrutinizing these issues on a case-by-case basis, necessitating a meaningful look at these transactions, particularly in the technology and artificial intelligence industries, say attorneys at Proskauer.

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