Public Policy

  • January 22, 2026

    EEOC Chair Decries 'Fearmongering' Amid Guidance Repeal

    The Republican members of the U.S. Equal Employment Opportunity Commission voted Thursday to retract comprehensive harassment guidelines issued during the Biden administration after the agency's chair panned warnings from Democrats and civil rights advocates that the move erodes key worker protections.

  • January 21, 2026

    NJ Justices Wrestle With Cases Complicated By ICE Custody

    The New Jersey Supreme Court wondered Wednesday how to manage case flow when detained or deported defendants are prevented by U.S. Immigration and Customs Enforcement from attending their proceedings, lamenting the difficult choice of options including letting matters languish, conducting criminal trials virtually or issuing bench warrants that could complicate immigration cases.

  • January 21, 2026

    Lawyer Testifies Goldstein Dodged $500K Poker Repayment

    A former employee at Thomas Goldstein's law firm recounted in court Wednesday that a U.S. Internal Revenue Service levy was placed on the SCOTUSblog founder's accounts, while a lawyer at another firm said Goldstein dodged repaying him for money invested in his poker-playing exploits.

  • January 21, 2026

    Senate Agriculture Unveils Crypto Bill Without Dem Backing

    The chairman of the Senate Agriculture Committee released the text of a proposal to expand the U.S. Commodity Futures Trading Commission's authority over crypto Wednesday evening, despite failing to reach a bipartisan agreement on the text ahead of a markup slated for next week.

  • January 21, 2026

    BP Says Wash. Residents' 'Noxious Odors' Class Claims Stink

    A BP unit facing a proposed class action over oil refinery fumes urged a Washington federal judge to flush the suit, arguing that the plaintiffs' proposed class definition is flawed because individual residents would be affected differently based on wind direction, distance from the facility and other factors.

  • January 21, 2026

    Court Rejects Sanctions In Venezuelan Oil Defamation Case

    A Florida federal judge on Wednesday declined to sanction a director of a Venezuelan state-owned oil company, finding no conflict of interest by his attorneys at Diaz Reus LLP in a now-dismissed suit accusing the director and others of engaging in a campaign to smear Venezuelan civic leaders.

  • January 21, 2026

    8th Circ. Temporarily Lifts Restrictions On ICE In Minnesota

    The Eighth Circuit on Wednesday issued an administrative stay temporarily lifting a district court injunction blocking federal immigration agents from retaliating against or detaining peaceful protesters without probable cause during federal immigration enforcement in the Twin Cities area.

  • January 21, 2026

    Texas AG Launches Investigation Into Vaccine Incentives

    The Texas attorney general launched what it characterized as a sweeping, multi-industry investigation into financial incentives for medical providers to recommend childhood vaccines, saying providers regularly dish out vaccines that "are not proven to be safe or necessary."

  • January 21, 2026

    10th Circ. Says Detectives Must Face Suit For Hiding Evidence

    The Tenth Circuit on Wednesday ruled that a pair of detectives who helped wrongfully convict a man of murder are not shielded by qualified immunity from a civil suit by the man's family.

  • January 21, 2026

    5th Circ. Leans Toward Vacating Airline Fees Disclosure Rule

    The full Fifth Circuit wanted to know Wednesday why it shouldn't just do away with a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront, saying that the government seemed to be arguing that the court should just vacate the rule.

  • January 21, 2026

    Midwives Challenge Miss. Practice Limits In Antitrust Suit

    The American College of Nurse-Midwives launched a suit seeking to permanently block Mississippi rules requiring certified nurse-midwives to obtain collaboration agreements with physicians, arguing the rules unlawfully restrict competition and exacerbate public health challenges in the state.

  • January 21, 2026

    Ex-Military Heads Back Sen. Kelly In Suit Against Hegseth

    Dozens of former military leaders have backed U.S. Sen. Mark Kelly, D-Ariz., in challenging Defense Secretary Pete Hegseth's bid to reduce his Navy rank, saying Kelly's punishment for "accurate statements of military law" discourages veterans from exercising their own First Amendment rights.

  • January 21, 2026

    4th Circ. Says Judge Wrongly Blocked Trump Grant Freeze

    The Fourth Circuit on Wednesday wiped out a federal district judge's order restoring 32 congressionally funded grants frozen by the Trump administration, saying it's a contractual matter for the U.S. Court of Federal Claims to decide.

  • January 21, 2026

    Feds Say Medicare Steering Case Meets FCA Legal Bar

    The government said Wednesday that its False Claims Act complaint accusing insurers and brokers of participating in a kickback scheme to steer customers to Medicare Advantage plans doesn't conflict with a First Circuit decision last year setting out the standard for such cases.  

  • January 21, 2026

    Ga. Justices Deny Atty's Reprimand Bid After Jan. 6 Actions

    A public reprimand may not be enough to discipline an attorney who was convicted and later pardoned of a felony and several misdemeanor federal offenses in connection with his participation in events at the U.S. Capitol on Jan. 6, 2021, the Georgia Supreme Court said Wednesday.

  • January 21, 2026

    FTC Must 'Scale A Slick Wall' To Revive Meta Suit

    The Federal Trade Commission set itself up for a tough fight to overturn a D.C. federal judge's rejection of its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram.

  • January 21, 2026

    Feds Back Freight Broker In High Court Negligence Case

    The federal government urged the U.S. Supreme Court Wednesday to hold that federal law unequivocally shields freight brokers from state-based negligence and personal injury claims, throwing its support behind broker and logistics giant C.H. Robinson in a closely watched case.

  • January 21, 2026

    Apple Workers In Wash. Sue Over Limits On Moonlighting

    Apple Inc. has broken a Washington state moonlighting law by prohibiting dozens of lower-wage workers from taking second jobs to supplement their incomes, according to a former employee's proposed class action against the company.

  • January 21, 2026

    Calif. GOP Asks Justices To Block New Congressional Map

    California Republicans asked the U.S. Supreme Court to step in and block the state's new, voter-approved congressional districts before they can be used in this year's midterm election, arguing that the redrawn map constitutes illegal racial gerrymandering with Democratic officials "maximizing Latino voting strength."

  • January 21, 2026

    Netflix's $83B Warner Bros. Deal Draws DOJ Scrutiny

    Warner Bros. Discovery has disclosed that Netflix's proposed $82.7 billion purchase of the entertainment giant is now under an antitrust microscope, after the U.S. Department of Justice kicked off an in-depth probe that keeps the deal from closing for the time being.

  • January 21, 2026

    FCC Warns Shows To Follow Political 'Equal Opportunity' Reg

    The Federal Communications Commission cautioned TV broadcasters Wednesday that no exemption has been found that would let talk shows get around the agency's political equal opportunity rules.

  • January 21, 2026

    Former Ga. State Rep. Cops To COVID Loan Fraud

    A former Georgia Democratic lawmaker pled guilty Wednesday to charges that she fraudulently obtained pandemic-era unemployment benefits, the Department of Justice said.

  • January 21, 2026

    CFIUS Review Could Delay IRobot Ch. 11 Deal, DOJ Warns

    The Department of Justice has notified the Delaware bankruptcy court that an evaluation of Roomba maker iRobot's proposed Chapter 11 plan transactions by the Committee on Foreign Investment in the U.S. could postpone those deals on the eve of a plan confirmation hearing.

  • January 21, 2026

    Dem States Warn Harvard Visa Ban Could Ripple Nationwide

    A coalition of Democratic-led states told the First Circuit that the Trump administration's bid to bar Harvard University from admitting foreign students exemplifies its larger attempt to use immigration enforcement to retaliate against disfavored higher education institutions.

  • January 21, 2026

    Okla. Tribes Challenge Bid To Dismiss Hunting Rights Suit

    Three tribal nations are fighting a motion by Oklahoma to dismiss their challenge that looks to block the prosecution of Native Americans for hunting and fishing on tribal lands, telling the court that the state's Ex parte Young doctrine arguments are "not colorable."

Expert Analysis

  • OCC's New Fee Clearance Shows Further Ease Around Crypto

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    The Office of the Comptroller of the Currency's recent holding that banks can use crypto-assets to pay certain blockchain network fees shows that the OCC is further warming to the idea that organizations are using new methods to do "the very old business of banking," say attorneys at Jones Day.

  • How SEC Civil Penalties Became Arbitrary: The Framework

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    An examination of how the U.S. Securities and Exchange Commission has recently applied guidelines governing the imposition of monetary penalties in enforcement actions shows that civil penalty awards in many cases are inconsistent with the rules established to structure them, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Opinion

    Faulty Legal Assumptions Obscure Police Self-Defense Law

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    As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.

  • Why 2026 Could Be A Bright Year For US Solar

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    2025 was a record-setting year for utility-scale solar power deployment in the U.S., a trend that shows no signs of abating, so the question for 2026 is whether permitting, interconnection, and state and federal policies will allow the industry to grow fast enough to meet demand, say attorneys at Beveridge & Diamond.

  • 2026 Int'l Arbitration Trends: Tariffs Drive Transformation

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    In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.

  • What Productivity EO May Mean For Defense Industrial Base

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    President Donald Trump’s recent executive order barring stock buybacks and dividend payments by "underperforming" defense contractors represents a significant policy shift from traditional oversight of the defense industrial base toward direct intervention in corporate decision-making, say attorneys at Holland & Knight.

  • What's New In ISS' Benchmark Voting Policy Updates For 2026

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    Companies should audit their governance structures and disclosures to prepare for the upcoming proxy season in light of Institutional Shareholder Services' 2026 policy updates, which include tighter guardrails on capital structures and director compensation, and more disclosure-driven assessments of environmental and social shareholder proposals, say attorneys at Fenwick.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

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    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • AG Watch: Calif. Fills Federal Consumer Protection Void

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    California's consumer protection efforts seem to be intensifying as federal oversight wanes, with Attorney General Rob Bonta recently taking actions related to buy now, pay later products, credit reporting and medical debt, consumer credit discrimination, and the use of artificial intelligence in consumer services, say attorneys at Cooley.

  • AI-Driven Harassment Poses New Risks For Employers

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    Two recent cases show that deepfakes and other artificial intelligence‑generated content are emerging as a powerful new mechanism for workplace harassment, and employers should take a proactive approach to reduce their liability as AI continues to reshape workplace dynamics, say attorneys at Littler.

  • Drilling Down Into The Uncertain Future Of Venezuelan Energy

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    Several key issues will inform whether, when and how U.S. businesses enter, reenter or expand operations in Venezuela — including sanctions relief, economic incentives, resolution of past expropriations, questions about the country's political outlook, and broader trends and conditions in the global energy market, say attorneys at Holland & Knight.

  • What Changed For Healthcare Transaction Law In 2025

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    Though much of the legislation introduced last year to expand state scrutiny of healthcare transactions did not pass, investors should pay close attention to the overarching trends, which are likely to continue in this year's legislative sessions, say attorneys at Ropes & Gray.

  • Decoding The SEC's Plans To Revitalize The US IPO Market

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    Chairman Paul Atkins' recent speech showcased the U.S. Securities and Exchange Commission's plans to ease certain disclosure burdens, rein in politicized shareholder voting and mitigate litigation risk, which could encourage more U.S. companies to seek public listings stateside and make U.S. stock exchanges more competitive for foreign companies, say attorneys at Baker McKenzie.

  • Expect State Noncompete Reforms, FTC Scrutiny In 2026

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    Employer noncompete practices are facing intensified federal scrutiny and state reforms heading into 2026, with the Federal Trade Commission pivoting to case-by-case enforcement and states continuing to tighten the rules, especially in the healthcare sector, say attorneys at DLA Piper.

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