Public Policy

  • November 05, 2026

    Full 5th Circ. Won't Hear Challenge To Machine Gun Ban

    The Fifth Circuit has denied a petition for an en banc hearing of a challenge by a Texas shooting club to the federal ban on machine guns, with nine of the judges voting against the hearing and eight voting for.

  • November 05, 2026

    US Finalizes Duty Evasion Findings For Cambodian Hangers

    The U.S. Department of Commerce on Thursday finalized its findings that steel wire clothes hangers completed in Cambodia using components from China or Vietnam are circumventing duties on those products from the two countries.

  • 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.

Expert Analysis

  • Where SEC's Transfer Agent Plan Would Change Compliance

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    The U.S. Securities and Exchange Commission’s recent proposal to update the federal regulatory framework for transfer agents would comprehensively modernize the old task-specific regime by centering speed, operational resilience, compliance governance and technology-neutral recordkeeping, say attorneys at Morgan Lewis.

  • Open Issues After 2nd Circ.'s Airport Phone Search Ruling

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    While the Second Circuit’s recent U.S. v. Alisigwe decision confirms border agents' broad authority to conduct routine manual cellphone searches at ports of entry, significant questions remain about more wide-ranging forensic searches at the border, say attorneys at Baker Botts.

  • FTC's Changing Model Raises Questions About Its Mission

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    Federal Trade Commission leaders have recently sketched a vision of an agency that continues an enforcement role distinct from the U.S. Department of Justice's, even as a shift toward greater presidential control makes enforcement more responsive to changes in administrations, say attorneys at Wiley.

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • The Future Of PCAOB Enforcement After Post-Jarkesy Win

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    While the Public Company Accounting Oversight Board recently defeated procedural and structural challenges to its enforcement program in D.C. federal court, it's unclear what claims and sanctions the PCAOB can bring against respondents — and whether it's interested in instituting disciplinary proceedings generally, says Mike Plotnick at King & Spalding.

  • Tort Liability When AI Goes Rogue: Negligence Theory

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    If reasonable care in the use of artificial intelligence agents cannot eliminate the risk of third-party harm, then AI companies and users of AI agents must consider whether negligence theory provides an adequate framework for assessing harm caused by agents that go rogue, says Donald Hawthorne at Carter Ledyard.

  • DC Circ. Ruling Clarifies Standards For Buy America Waivers

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    The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.

  • How Senate-Passed Bill May Reshape NCAA Antitrust Liability

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    With the U.S. Senate's recent passage of the Protect College Sports Act, practitioners should not wait for the U.S. House of Representatives' approval to prepare for shifts in potential antitrust protections, compensation, media rights deals and conference mergers, say attorneys at Norton Rose.

  • Uniting BSA, Sanctions Compliance As Treasury Targets Iran

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    The past 18 months of Treasury Department policies demonstrate expectations that financial institutions not merely obey sanctions against Iran, but also help expose how it moves money, making it essential that banks eliminate silos between their Bank Secrecy Act and sanctions compliance teams for an integrated response, says Jonathan Harrington at Bradley Arant.

  • Digging Into Dems' Letter On Subpoena Secrecy Demands

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    Lawmakers’ recent letter arguing that federal agencies’ use of boilerplate nondisclosure language in subpoenas pressures recipients into silence may lead to a significant overhaul of the current framework, but in the meantime, companies should review their rights and options, say attorneys at Crowell & Moring.

  • How Bank Lobby's Suit Tests OCC's Crypto Charter Powers

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    The Independent Community Bankers of America’s recent lawsuit challenging the Office of the Comptroller of the Currency’s ability to charter cryptocurrency companies marks another chapter in the struggle over the appropriate regulatory framework for digital assets, while raising a classic administrative law question at its most basic level, say attorneys at Ballard Spahr.

  • 4 Steps For Cos. Amid Russia Sanctions Law Uncertainty

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    Russian companies, their U.S. subsidiaries and businesses with Russian commercial relationships should take concrete steps to determine their exposure under ambiguous provisions of legislation that recently expanded the scope of U.S. sanctions, notwithstanding an Oct. 16 executive order waiving most of its restrictions, say attorneys at Wilk Auslander.

  • New Calif. Law Ties Finance Contracts To State Licensing

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    Under a California law taking effect in 2028, commercial financing licensing requirements have been substantially expanded — meaning that fintechs relying on limited regulatory enforcement will face risk from their own borrowers, who could use licensing failures to resist repayment, say attorneys at Husch Blackwell.

  • 3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

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    The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.

  • How FCC Robocall Rules Reshape TCPA Opt-Out Compliance

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    The Federal Communications Commission's recent changes to its Telephone Consumer Protection Act rules may simplify how businesses process consumer opt outs for robocalls and robotexts, but they also introduce nuances to the opt-out process that may be challenging to operationalize, say attorneys at Hunton.

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