Public Policy

  • 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.

  • November 04, 2026

    AGs Say Taro's $200M MDL Deal Doesn't Bar Their Claims

    Dozens of state attorneys general urged a Connecticut federal judge Tuesday not to let Taro Pharmaceuticals block a swath of their price-fixing claims with a $200 million settlement it struck with plaintiffs in separate multidistrict litigation, arguing the claims and plaintiffs are too separate to bind one another.

  • November 04, 2026

    Ex-Utility Regulator's $2,500 Fine Suit Meets Skeptical Judge

    A Connecticut judge appeared skeptical Wednesday of former Public Utilities Regulatory Authority chair Marissa P. Gillett's bid to keep alive a lawsuit challenging a $2,500 open records commission fine, pushing Gillett's lawyer to concede that because the authority tendered payment, the ex-chairperson was no longer personally on the hook.

  • November 04, 2026

    7th Circ. Probes Milwaukee Tool's Forced-Labor Liability

    Seventh Circuit judges grappled Wednesday with whether a federal anti-trafficking law allows a former Chinese prisoner to sue Milwaukee Tool over allegations it sold gloves made with forced prison labor in China, questioning the international consequences of allowing private lawsuits over foreign conduct and probing whether the company's alleged profits from that labor in the United States are sufficient to keep the case alive.

  • November 04, 2026

    Michigan Think Tank Sues To Block Newly Passed Proposition

    A nonprofit organization in Michigan sued the state's attorney general and secretary of state in federal court late Tuesday night seeking to block the implementation of a campaign finance transparency proposition that was approved by 81% of voters.

  • November 04, 2026

    ICE Must Free Detainee Rearrested At Detention Center

    A federal judge in Colorado ordered immigration officials to immediately release a detainee who was rearrested by U.S. Immigration and Customs Enforcement officers before leaving the detention center grounds, arguing cruelty was the motivation.

  • November 04, 2026

    SpaceX Says Data Shows Need To Sunset High-Cost Program

    SpaceX has urged a Federal Communications Commission member to consider a phaseout of a high-cost program that serves rural areas, pointing to new data it says shows increasing overlap between subsidized and competing services.

  • November 04, 2026

    State AG Race Wins Set To Give Dems Control Of Most Offices

    Democrats are poised to oversee a majority of state attorneys general offices around the country after Tuesday's elections saw the party hang on to all of its existing seats and flip control of five offices from the Republicans, according to unofficial election results.

  • November 04, 2026

    Fla. Judge Won't Allow Blanche Deposition In Epstein Suit Yet

    A Florida federal magistrate judge said Wednesday he might consider allowing the deposition of U.S. Attorney General Todd Blanche in a suit alleging the FBI mishandled a sex trafficking investigation into Jeffrey Epstein, but said the parties need to engage in more discovery first.

  • November 04, 2026

    1st Circ. Sees Mass. Promise To Robinhood As 'Cold Comfort'

    First Circuit judges on Wednesday appeared sympathetic to Robinhood's bid to have a federal court determine if Massachusetts can regulate prediction markets, with two judges calling the state's temporary promise not to sue the fintech platform "cold comfort." 

Expert Analysis

  • 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.

  • Importer Risk Rises As AI Enters Trade Fraud Enforcement

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    The Trump administration's new data-driven and artificial intelligence-enabled push against tariff evasion raises the stakes for companies with global supply chains, making it crucial that they consider strengthening response protocols, documentation and internal reporting mechanisms, say attorneys at Cooley.

  • What CMS Audit Rule Means For Medicare Advantage Plans

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    Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.

  • Parsing The Latest Signals On FTC Section 5 Enforcement

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    Federal Trade Commission cases brought over the last several years and Commissioner Mark Meador’s recent call for stand-alone Section 5 enforcement suggest businesses should prepare for continued scrutiny of conduct beyond traditional antitrust violations, particularly in essential goods, technology and labor markets, say attorneys at Axinn.

  • Calif. PFAS Pesticide Reporting Law Raises Cos.' Legal Risks

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    A new California law requiring public reporting of how registered pesticides containing intentionally added perfluoroalkyl and polyfluoroalkyl substances are used across the state could increase regulatory scrutiny — and provide a road map for litigation involving growers, applicators, distributors, pesticide manufacturers and upstream chemical suppliers, say attorneys at O'Melveny.

  • What's At Stake As Justices Rethink Sentencing Commentary

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    Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.

  • How A New Case Redefines The Birthright Citizenship Battle

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    After the U.S. Supreme Court's birthright citizenship ruling last term in Trump v. Barbara, the Trump administration issued a new executive order attempting to limit the categories of individuals eligible for this status — and a pending court challenge to the new order shows where the legal battle lines are being redrawn, say attorneys at Fragomen.

  • Why Vaccine Court Inoculates Drugmakers Against Litigation

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    Most claimants alleging injuries from routine childhood vaccines must complete an administrative compensation proceeding before they can sue in civil court — and recent legislative efforts aimed at weakening vaccine manufacturers' legal protections do not account for the important reasons the existing framework was put in place, say attorneys at Goldman Ismail.

  • As Congress Stalls, SEC Hits Go On 'Innovation Exemption'

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    While the U.S. Securities and Exchange Commission's recently issued innovation exemption to facilitate on-chain trading of certain tokenized stocks isn't a replacement for a comprehensive legislative framework, it reduces the likelihood that further congressional delay will freeze market development, says Stephen Aschettino at Fox Rothschild.

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • How To Use AI In Employment Contract Drafting

    Excerpt from Practical Guidance
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    Before using artificial intelligence to draft employment contracts, law firms and employers must assess practical ethical guardrails, appropriate use cases, core risk areas and validation workflows, says Samuel Mitchell at Smith Gambrell.

  • Battles Over Murky Mineral Rights Stymie Pa. Energy Projects

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    Legal wrangling over a recently passed Pennsylvania law could affect billions of dollars of mineral royalty payments, the status of subsurface property rights in the state and the ability of the Legislature to pass retroactive legislation that affects those rights, say attorneys at Flaster Greenberg.

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