Public Policy

  • 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.

  • May 05, 2026

    1st Circ. Sees Role As Limited In Trans Passport Fight

    A First Circuit panel on Tuesday told attorneys for both the government and a class of transgender and nonbinary people that because the class has asked to vacate a preliminary order blocking a Trump administration policy requiring that passports bear a person's sex assigned at birth, the court no longer has authority to issue an opinion.

  • May 05, 2026

    Judges' Orders Force ICE Plane To Turn Family Around Midflight

    Attorneys for the ex-wife and children of an Egyptian man accused of attacking pro-Israel demonstrators in Boulder, Colorado, said Tuesday the Trump administration tried to deport them in violation of a court order, but turned the removal flight back following fresh court intervention.

  • May 05, 2026

    Ligado Satellite Plans Spur New Challenge To FCC Order

    A coalition opposed to the Federal Communications Commission approval six years ago of Ligado's plans for a terrestrial network is calling on the White House and Congress to block the network company's new plan to launch a 96-satellite constellation.

  • May 05, 2026

    Democrat Calls Squires' Board Of Peace Answers 'Incoherent'

    The ranking Democrat on the House Judiciary Committee on Tuesday had more probing questions for U.S. Patent and Trademark Office Director John Squires about his decision to file trademark applications for U.S. President Donald Trump's "Board of Peace," telling Squires that his answers under oath at a March oversight hearing were "incoherent."

  • May 05, 2026

    Ex-Miami Official Accused Of Misusing Funds Settles Suit

    Two former Miami city employees have settled their whistleblower suit accusing former City Commissioner Joe Carollo of ousting them for exposing misuse of public funds meant to manage parks that were instead used to pay for his political ventures and personal expenses, according to a notice filed in Florida federal court on Tuesday.

  • May 05, 2026

    Utah Judge Won't Block Kratom-Kava Product Sales Ban

    A Utah federal judge on Tuesday refused to block a new state law banning sales of psychoactive products derived from the kratom leaf the day before the law takes effect, finding that the new restrictions aren't barred by federal law.

  • May 05, 2026

    2nd Circ. Says NY Escrow Interest Law Is Preempted, Again

    The Second Circuit ruled Tuesday that national banks are exempt from a New York law that requires interest to be paid on mortgage escrow accounts, handing a key victory to Bank of America NA in closely watched litigation testing the limits of states' banking regulatory authority.

  • May 05, 2026

    Unions Say High Court Backs Standing In AI Surveillance Suit

    Three labor unions cited a recent U.S. Supreme Court ruling in their lawsuit alleging a government surveillance program scours online activity for viewpoints the Trump administration dislikes and leverages the threat of immigration enforcement to suppress speech, arguing that the high court's decision supports their standing in the case.

  • May 05, 2026

    Whistleblower Says SEC Rule Shift Cost Him Bounty

    A D.C. Circuit panel appeared split on its interpretation of the statute governing the U.S. Securities and Exchange Commission's whistleblower rewards in a case involving an anonymous tipster claiming he was due compensation even though he failed to take the information directly to the agency.

  • May 05, 2026

    4th Circ. Says USPTO Doesn't Have To Cough Up PTAB Docs

    The Fourth Circuit on Tuesday said it won't force the U.S. Patent and Trademark Office to hand over certain information requested by a nonprofit volunteer about drafts of a decision in a Patent Trial and Appeal Board hearing involving a cybersecurity patent.

  • May 05, 2026

    BlackRock, State Street Push To Trim Red State AGs' Suit

    BlackRock and State Street have further urged a Texas federal judge to trim down antitrust claims from Republican state attorneys general accusing the asset managers of driving up coal prices, arguing that the chain from their investment activity to retail electricity prices "stretches through multiple intervening markets and countless nonparties."

  • May 05, 2026

    Ending Carried Interest Tax Break May Net $88B, Report Says

    Ending the carried interest tax break could raise far more than previously estimated, nearly $88 billion in a decade, based on a new methodology put forward in a report by the Yale Budget Lab.

  • May 05, 2026

    Native CDFI Says EPA Froze, Then Killed, $400M Grant

    Native CDFI Network Inc. is suing the United States for terminating a $400 million Greenhouse Gas Reduction Fund grant, saying the U.S. Environmental Protection Agency invoked "a potpourri of shifting reasons" for the cancellation before landing on the assertion its priorities had changed.

  • May 05, 2026

    DOT, Mexico Inching Toward 'Consensus' In Airport Slots Fight

    The U.S. Department of Transportation said Tuesday that Mexico has tentatively agreed to reconsider some of its restrictions on flights into Mexico City's Benito Juárez International Airport, signaling there's some headway being made in a dispute over alleged violations of a decade-old bilateral air transport agreement.

Expert Analysis

  • Calif. Case Raises Questions For Medical Practice Investors

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    The California attorney general's amicus brief in Art Center v. WCE and the California Medical Association's response highlight how the California appeals court's ruling could significantly affect the structure and enforceability of succession arrangements in medical practice ownership, say attorneys at Ropes & Gray.

  • Previewing FDA Preapproval Access In Psychedelics EO

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    The second of two pathways for psychedelic drug access outlined in President Donald Trump's recent executive order constitutes an unprecedented expansion of the Right to Try Act, which could fundamentally alter the psychedelic access landscape while presenting significant regulatory, operational and legal challenges, say attorneys at Husch Blackwell.

  • How Data Center Accounting May Draw Enforcement Scrutiny

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    As public and media scrutiny of the data center industry intensifies, regulators, enforcement authorities and Congress will likely focus on accounting judgments that rely on aggressive assumptions, opaque financing structures or rapidly evolving collateral classes, heightening the risk of investigations and inquiries, say attorneys at King & Spalding.

  • NY's Growing Enviro Reg Framework Will Transform Projects

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    Three closely connected environmental rulemakings in New York state — concerning greenhouse gas reporting, remediation standards and amendments to the State Environmental Quality Review Act — have reached critical stages, and taken together, they will have major impacts on business operations, construction project timelines and transactional risk, say attorneys at Holland & Knight.

  • Main St. Bank Bill Could Spur Lending, Ease Barriers To Entry

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    Recently approved by the U.S. House Financial Services Committee, the Main Street Capital Access Act, if passed, would provide senior bank leadership with a framework that could influence how banks pursue growth, particularly at community and regional midsize institutions, says Melody Charlton at FBT Gibbons.

  • Previewing FDA National Priority Vouchers In Psychedelics EO

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    President Donald Trump's recent executive order on psychedelic drug access represents a watershed moment in federal drug policy, but its significance lies in two distinct regulatory pathways, the first being the Commissioner's National Priority Vouchers, which offer a significant opportunity to compress U.S. Food and Drug Administration review, say Kimberly Chew at Husch Blackwell and Odette Hauke at Odette Alina.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

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    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • Why Product-Based Public Nuisance Claims May Be Waning

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    The Maryland Supreme Court's recent decision in Express Scripts v. Anne Arundel County is the latest in a national trend of rulings rejecting product-based public nuisance claims — but other forms of government litigation against companies that allegedly increase the cost of public services are likely to continue, say attorneys at Simpson Thacher.

  • How Banks And Fintechs Can Build COPPA-Ready Youth Apps

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    Recent Children's Online Privacy Protection Act and state law activity expanding children's data protections underscore compliance considerations for bank-fintech partnerships offering digital financial tech products for youth, including age-gating, data minimization and parental control, says Erin Illman at Bradley Arant.

  • State Of Insurance: Q1 Notes From Illinois

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    Matthew Fortin at BatesCarey discusses notable insurance developments in Illinois, including the state Supreme Court's highly anticipated Griffith Foods v. National Union Fire Insurance ruling, two bulletins from the Department of Insurance directed at public adjusters and a Seventh Circuit decision precluding a "super excess" tier of coverage.

  • Improving Well-Being In Law, 10 Years After Landmark Study

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    An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

  • How To Gear Up For Trump's Pharma Tariffs

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    President Donald Trump's proclamation establishing tariffs on certain pharmaceutical products holds a few areas of ambiguity that companies should review and prepare for before the tariffs come into effect later this year, say attorneys at Arnold & Porter.

  • Mapping Bank Exec Clawback Risk Ahead Of Revived Bill

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    The reintroduction of the Failed Bank Executives Clawback Act would allow recovery of executive compensation after bank failures, making it important for executives and counsel to take steps such as mapping compensation, reviewing employment agreements, documenting decisions, and confirming D&O insurance, says Drew Jones at Diamond McCarthy.

  • AG Watch: Texas Charts A Course On Investigative Authority

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    The Texas Supreme Court's recent decision in Texas v. PFLAG affirmed, and arguably expanded, the Texas attorney general's civil investigative demand authority, providing a road map that other courts evaluating state attorney general CIDs may find instructive, amid a lack of precedent, say attorneys at Kelley Drye.

  • 8 Reasons To Consider Maryland As A 'DExit' Option

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    While Nevada and Texas have garnered the most attention as alternative states of incorporation for companies considering leaving Delaware, Maryland offers considerable benefits too, including a predictable statutory framework, robust anti-takeover protections, sophisticated business courts with decades of experience, and more, say attorneys at Miles & Stockbridge.

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