Public Policy

  • May 06, 2026

    Democrats Urge EEOC Chair Not To Roll Back IVF Protections

    Over a dozen Democratic senators urged the U.S. Equal Employment Opportunity Commission to preserve safeguards for workers undergoing fertility treatments, asserting in a letter that Chair Andrea Lucas' plans to rewrite Pregnant Workers Fairness Act regulations could lead employers to unlawfully deny employees' accommodation requests.

  • May 06, 2026

    Okla. House OKs Valuation Method Change For Some Rentals

    Oklahoma would allow certain rental housing to be valued using a cost approach instead of an income approach under a bill passed in the state House of Representatives.

  • May 06, 2026

    SEC Makes First Move To Nix Biden-Era Climate Reg

    The U.S. Securities and Exchange Commission is preparing to rescind a Biden-era requirement that publicly traded companies disclose their greenhouse gas emissions, with staff informing the Office of Management and Budget this week of the planned rescission.

  • May 06, 2026

    Pot Patients Defend Claims In Dispensary Data Privacy Suit

    A group of medical cannabis patients are pushing back on a bid from a technology company to dismiss their claims that it shares their medical information with outside vendors, saying they have sufficiently pled their allegations that they did not consent to such sharing and they were injured by the disclosure.

  • May 06, 2026

    Mass. Justices Push For An End To AG-Auditor Deadlock

    Massachusetts' top court on Wednesday seemed to agree that an ongoing dispute between the state attorney general and auditor over a voter-backed audit of the legislature needs to come to an end, even as justices dinged both sides for the stalemate.

  • May 06, 2026

    NJ Prosecutor Gets OK To Trim Suit Over Alleged Interference

    Atlantic County Prosecutor William E. Reynolds can narrow his suit seeking independent outside counsel to represent his office due to the alleged attempts made by county counsel to interfere with prosecutions, a New Jersey state judge ruled.

  • May 06, 2026

    Extend Immediate Expensing For Plastic Recycling, IRS Told

    Advanced plastic recycling should be eligible for a new tax perk allowing full expensing of a qualified production property's costs, a chemical trade association said in a letter, released Wednesday, recommending the industry-specific change for the IRS' upcoming proposed regulations.

  • May 05, 2026

    7th Circ. Panel Split On Due Process For Ill. ICE Detainees

    A split Seventh Circuit panel on Tuesday rejected the Trump administration's argument that immigrants unlawfully in the United States have no due process rights, though every member of the panel had a different take on the issue.

  • May 05, 2026

    DC Circ. Judge Jabs Pharma Atty For 10 Minutes In Price Fight

    The first D.C. Circuit showdown in widespread drug pricing litigation Tuesday appeared unlikely to deliver a badly needed win to the pharmaceutical industry, as a top manufacturer's attorney faced a cool reception generally and an extended barrage of skepticism from one judge.

  • May 05, 2026

    Musk Sought Control Of OpenAI To Fund Mars City, Jury Told

    OpenAI President Greg Brockman defended OpenAI's for-profit conversion during a California federal jury trial Tuesday and accused Elon Musk of demanding "unilateral absolute control" over OpenAI to fund his plans for a city on Mars, while acknowledging under examination that Musk proposed his stake would "change quickly" with additional investors.

  • May 05, 2026

    DOJ Atty Faces Possible Discipline Over DHS 'Lack Of Candor'

    A Rhode Island federal judge, whom the U.S. Department of Homeland Security criticized for releasing a noncitizen with an alleged overseas warrant for homicide, on Tuesday said she is referring an assistant U.S. attorney for disciplinary proceedings for not disclosing the warrant to her beforehand.

  • May 05, 2026

    Exelon Shareholders Fight Objectors' Fee Bid On Bribery Deal

    Exelon shareholders seeking an Illinois federal judge's approval on a derivative settlement addressing subsidiary Commonwealth Edison's legislative bribery scheme argued Tuesday that shareholders who've opposed the deal should not receive attorney fees because their three-year fight against approval has not substantially benefited the litigation.

  • May 05, 2026

    Meta Should Have Warning Label, NM Witness Says

    New Mexico unveiled further details of safeguards it says a court should impose on Meta in a $3.7 billion bench trial, calling an expert witness Tuesday who said displaying a warning pop-up to minors is an idea that's backed by the former surgeon general and desperately needed.

  • May 05, 2026

    Feds Urge DC Circ. To Undo Iraqi, Afghan Visa Class Cert.

    The Trump administration has asked the D.C. Circuit to undo class certification for thousands of Afghan and Iraqi citizens seeking special immigrant visas after aiding U.S. forces overseas, as well as a revised plan to tackle a backlog of their delayed applications.

  • May 05, 2026

    Worker Fights 2nd Circ.'s Toss Of Teamsters Fund ERISA Suit

    The U.S. Supreme Court should revive claims that the New York State Teamsters Conference Pension and Retirement Fund was mismanaged, a Teamsters-represented worker argued, asking the justices to breathe new life into his twice-dismissed Employee Retirement Income Security Act lawsuit.

  • May 05, 2026

    Judge Blocks Arizona From Policing Prediction Markets

    A Phoenix federal judge on Tuesday barred Arizona officials from enforcing state gambling laws against federally regulated prediction market platforms in an order finding that the federal government is likely to succeed on claims that the event contracts at issue are swaps beyond the reach of state regulators.

  • May 05, 2026

    Wash. Panel Revives GLP-1 Health Plan Coverage Fight

    A Washington state appeals court revived a proposed class action by state employees alleging their benefit plan discriminatorily barred health coverage for GLP-1 medications treating obesity, finding a lower court should have allowed the case to proceed to discovery.

  • May 05, 2026

    Demand Boom May Deepen FERC's Power-Market Scrutiny

    Recent Federal Energy Regulatory Commission enforcement orders highlight the agency's focus on whether electricity market participants are delivering the power and services they've promised, and attorneys say data center-fueled increases in U.S. power demand may further intensify FERC's scrutiny.

  • May 05, 2026

    Bittrex Seeks To Undo $24M Judgment After SEC Crypto Pivot

    Bankrupt cryptocurrency exchange Bittrex urged a Seattle federal judge to toss a $24 million judgment entered as part of a 2023 settlement with the U.S. Securities and Exchange Commission, arguing that the agency has since done an "about-face" on crypto and abandoned its position that digital tokens are securities.

  • May 05, 2026

    Connecticut Mother Says State Owes $5M For Death Of Infant

    The state of Connecticut is liable for the wrongful death of a 7-month-old boy thrown by his father from a Middletown bridge into the Connecticut River, the infant's estate and mother argued at a bench trial on Tuesday in Waterbury Superior Court after seeking at least $5 million in damages last year.

  • May 05, 2026

    Mylan Strikes $4.5M Deal With Maryland Over EpiPen Pricing

    Mylan Pharmaceuticals will pay $4.5 million to resolve allegations by the state of Maryland that Mylan acted anticompetitively when it ratcheted up costs of its portable auto-injectable EpiPen device that's used during life-threatening allergic reaction episodes, according to a recent announcement.

  • May 05, 2026

    Ocean Carrier Says FMC's In-House Court, $45M Award Illegal

    An ocean carrier asked a Texas federal judge Tuesday to freeze Federal Maritime Commission cases against it and vacate a $45 million initial decision issued in one of them, arguing that the agency's in-house adjudication process is unconstitutional.

  • May 05, 2026

    9th Circ. Renews Biz Nuisance Claim Over Seattle BLM Protest

    A Ninth Circuit panel partly revived a Korean restaurant and apartment complex owner's lawsuit accusing Seattle of abandoning several city blocks during the 2020 Black Lives Matter protests, ruling Tuesday that the businesses can potentially advance nuisance claims by arguing for the suspension of the statute of limitations.

  • May 05, 2026

    FCC Asks DC Circ. To End Nexstar-Tegna Merger Challenges

    The Federal Communications Commission is calling on the D.C. Circuit to dismiss challenges to its approval of the Nexstar-Tegna deal outright, arguing that the appeals court lacks jurisdiction because approval came from its Media Bureau staff rather than the full commission, and thus wasn't a final agency action.

  • May 05, 2026

    Permits Will Lead To Red Snapper 'Overfishing,' Groups Say

    Federal permits exempting recreational anglers in Florida and three other southeastern states from annual red snapper catch limits will lead to "overfishing" in the South Atlantic, commercial fishing groups and businesses alleged in a lawsuit filed on Tuesday in D.C. federal court.

Expert Analysis

  • How Calif. Safety Worker Pension Bill Could Cost Employers

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    Public employers should carefully consider how pension costs and bargaining concerns could change under a California Legislature bill that would increase retirement benefits for safety employees like police and firefighters, which could erode previous efforts to fully fund the public retirement system without necessarily improving worker retention, says Michael Youril at Liebert Cassidy.

  • Opinion

    Judicial Restraint Anchors Constitutional Order

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    Contrasting opinions in two recent U.S. Supreme Court rulings — Trump v. CASA and Bost v. Illinois State Board of Elections — demonstrate how the judiciary’s constitutionally entrusted role can easily be preserved or disrupted, and invite renewed attention to the enduring importance of judicial restraint, says Ninth Circuit Judge J. Clifford Wallace.

  • 'Made In America' Rules Raise Stakes For Gov't Contractors

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    The convergence of widely varying "buy American" requirements, increased enforcement efforts and continuing regulatory attempts to limit foreign sourcing suggests that government contractors should carefully review their supply chain and country-of-origin compliance to remain competitive, say attorneys at Arnold & Porter.

  • Human Authorship Is Still Central To Copyright Eligibility

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    In declining to review the D.C. Circuit's ruling in Thaler v. Perlmutter — holding that a work purely generated by artificial intelligence cannot be copyrighted — the U.S. Supreme Court has reinforced the human authorship requirement, so it is critical for creators of AI-assisted projects to document their involvement, say attorneys at Morgan Lewis.

  • Recent Bank Resolution Filings Stress Readiness Over Docs

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    Against the backdrop of banking regulators' recent emphasis on institutional readiness in the event of a bank failure, a review of more than a dozen public resolution plan submissions points to an immediate future in which regulators and banks alike prioritize operational preparedness over extensive documentation, say attorneys at Moore & Van Allen.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • 3 Federal Policy Trends Shaping Data Center Power

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    With the White House, the Federal Energy Regulatory Commission and Congress each pushing energy policies that will influence how data centers are sited, powered and interconnected for years to come, industry stakeholders should understand compliance obligations, consider possible downstream effects, and evaluate off-grid and self-supply energy options, say attorneys at ArentFox Schiff.

  • NY Tax Talk: Calculating Tiered Partnership Income

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    Attorneys at Eversheds Sutherland discuss how the potential impact recent New York City Tax Appeals Tribunal decision in Matter of Cantor Fitzgerald holding that the entity approach should be used by tiered partnerships to compute unincorporated business tax liability, why the issue of the proper approach remains unsettled and the broader implications for federal conformity and administrative agency deference.

  • FDA Guidance May Move Goalposts For Form 483 Responses

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    New draft guidance from the U.S. Food and Drug Administration provides formal insight on how drug manufacturers are expected to respond to Form 483s, raising some concerns about the agency's timelines and expectations, say attorneys at Cooley.

  • Understanding The SEC's Consequential Crypto Guidance

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    The U.S. Securities and Exchange Commission's recent interpretive release — its most comprehensive statement ever on the application of the federal securities laws to crypto-assets — reimagines the Howey test to resolve long-standing questions over what is a security, but leaves many issues unresolved, say attorneys at Cahill.

  • Ohio Case Reflects States' Aggressive Criminal Antitrust Turn

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    The Ohio Attorney General's Office’s recent bid-rigging indictment of an online auctioneer is the latest signal that states, through attorneys general pursuing more kickback cases and legislators expanding the reach of antitrust laws, are shedding their historical reluctance to wield their criminal antitrust enforcement powers, say attorneys at Arnold & Porter.

  • Justices' Geofence Ruling May Test 4th Amendment's Future

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    When the U.S. Supreme Court decides in Chatrie v. U.S. whether law enforcement may use geofence warrants to compel Google to disclose location history data, the ruling is likely to become an important statement about the future of Fourth Amendment law in data-driven investigations, says Duncan Levin at Levin & Associates.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q1

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    In the first quarter of 2026, New York's banking developments were headlined by initiatives to expand oversight of financial institutions and strengthen consumer protection laws, including a new framework for buy now, pay later lenders, a sweeping debt collection rule and a revised corporate self-disclosure program for financial crimes, say attorneys at Proskauer.

  • Seeking A Policy Fix As Merger Reporting Fight Continues

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    A recently announced request by the Federal Trade Commission and U.S. Department of Justice for public comment on the Hart-Scott-Rodino premerger reporting requirements, as litigation challenging the commission's updated requirements continues, suggests the government's willingness to address how best to support modern merger enforcement without unduly burdening filing parties, say attorneys at Baker Botts.

  • What New Fla. Citizens Bill Means For Surplus Lines Insurers

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    A Florida bill recently passed by the Legislature as part of a continued effort to depopulate Citizens Property Insurance, the state's insurer of last resort, creates an additional pathway for commercial policies to be written by surplus lines insurers, but also presents concerns of unnecessary regulation, say attorneys at Troutman.

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