Public Policy

  • September 10, 2026

    Senate Panel To Consider Nominee For 3rd FCC Republican

    U.S. Sen. Ted Cruz, R-Texas, who chairs the Senate Commerce Committee, announced Thursday that a hearing will be held Sept. 17 for the nomination of Danielle Thumann Severs to the Federal Communications Commission.

  • September 10, 2026

    9/11 Guantánamo Detentions Mirror Mass Deportation Agenda

    On the 25th anniversary of the 9/11 attacks, legal experts examine how the Trump administration’s approach to detaining migrants at Guantánamo Bay rises from the same legal structures and rhetoric that allowed the detention of suspected terrorists there.

  • September 10, 2026

    SpaceXAI Says Alleged Grok Child Porn Maker Must Indemnify It

    SpaceXAI LLC on Thursday accused a Pennsylvania man of using its artificial intelligence tool Grok to generate child sexual abuse material, telling a Texas federal court that the man breached the terms of service agreement and must indemnify the company.

  • September 10, 2026

    Calif. Enacts Laws To Curb Addictive Feeds, AI Risks For Kids

    California Gov. Gavin Newsom signed more than a dozen kids online safety bills into law Thursday, expanding student data privacy laws while barring social media companies from offering teens personalized accounts with addictive features and requiring artificial intelligence companies to implement guardrails to prevent teen suicide and self-harm.

  • September 10, 2026

    24 States Ink Deal With Feds In AmeriCorps Budget Cuts Case

    Two dozen states and the District of Columbia have reached a settlement with the Trump administration to stop the federal government from abruptly slashing funding for the national volunteer agency AmeriCorps in the future, the coalition of states announced Thursday.

  • September 10, 2026

    DOL Rule Opens Job Services To Outsourcing, Union Says

    The U.S. Department of Labor misread a Depression-era law when it began allowing private contractors to run a network of public employment offices, a civil servants' union argued in a lawsuit filed Thursday, asking the D.C. federal court to strike down the agency's change in protocol.

  • September 10, 2026

    FERC Chair Maintains Push To Fast-Track Gas Pipeline Work

    Federal Energy Regulatory Commission Chairman Laura Swett on Thursday lauded the agency's efforts to speed up permitting of gas infrastructure, and emphasized that projects that won't have major impacts on pipeline operations or ratepayers shouldn't be subject to unnecessary additional scrutiny.

  • September 10, 2026

    RJ Reynolds Wants In On Suit Over FDA Vape Review Rule

    Vape and nicotine pouch subsidiaries owned by Altria and R.J. Reynolds are looking to upend the U.S. Food and Drug Administration's premarket authorization rule, claiming the agency is breaking the law by dragging out product reviews well past the statutory deadline, which delays their goods by years while illegal Chinese products flood the market.

  • September 10, 2026

    Regulators Expand Examination Cycle For More Banks

    Nearly 200 banks may receive some relief from annual regulatory exams under a new interagency rule published Thursday that amends the eligibility requirements for an 18-month on-site examination cycle, instead of 12 months.

  • September 10, 2026

    Feds' Cut To NY Funding In CDL Fight Justified, 2nd Circ. Told

    The Trump administration has told the Second Circuit that it's well within its rights to penalize New York by withholding $74 million in highway funds over the state's failure to revoke commercial driver's licenses that were issued to ineligible foreign drivers.

  • September 10, 2026

    OpenAI Faces Senate Probe Into Hugging Face Breach

    Members of a U.S. Senate Homeland Security & Governmental Affairs subcommittee Wednesday sent letters to OpenAI CEO Sam Altman seeking answers about the company's artificial intelligence models breaching Hugging Face's security. 

  • September 10, 2026

    DC Circ. Upholds SEC Denial Of Whistleblower Award

    The D.C. Circuit ruled Wednesday that a man who tipped off a journalist about a possible foreign bribery scheme is not entitled to a whistleblower award because he waited until a U.S. Securities and Exchange Commission investigation was well under way to present the same information to the agency.

  • September 10, 2026

    Mich. Tribes, Enviro Groups Challenge Line 5 Tunnel Permits

    Four Michigan Tribal Nations and four environmental groups on Thursday separately challenged state permits for Enbridge Energy LP's proposed Line 5 tunnel beneath the Straits of Mackinac, seeking to overturn approvals facing renewed scrutiny after a Michigan Supreme Court ruling required broader environmental review of the project.

  • September 10, 2026

    6 Major Insurance Bills On Newsom's Desk In Calif. 

    California lawmakers approved significant insurance bills in recent weeks, including legislation designed to establish standards for insurers handling smoke damage claims, increase claims handling transparency, and penalize insurers for untimely payments. Here, Law360 overviews six of the biggest insurance-related bills this session.

  • September 10, 2026

    6th Circ. Nixes $31.8M Pot Farm Judgment Against Curaleaf

    The Sixth Circuit on Thursday reversed a $31.8 million jury judgment against cannabis giant Curaleaf, saying the federal illegality of cannabis precluded federal courts from enforcing contracts that require parties to commit federal crimes.

  • September 10, 2026

    DOJ Says Records Act Chills 'Candid' White House Advice

    The Justice Department urged the D.C. Circuit to vacate a lower court's order requiring the White House to comply with the Presidential Records Act, arguing in a new brief that the 1978 statute intrudes on executive power by requiring preservation of a wide range of documents.

  • September 10, 2026

    Latest Crypto Bill Draft Updates DeFi Rules But Not Ethics

    Sen. Cynthia Lummis, R-Wyo., on Thursday shared an updated draft of the Clarity Act that tweaked the crypto market structure bill's provisions around decentralized finance but left unaltered ethics language critical to winning Democrat support ahead of next week's cloture vote.

  • September 10, 2026

    Fed Colluded With Wall Street On New Capital Rules, Suit Says

    The Federal Reserve Board and its vice chair for supervision, Michelle Bowman, were sued on Thursday by Wall Street reform group Better Markets Inc., which alleges Bowman secretly met with the heads of Wall Street giants to manipulate the newly proposed U.S. bank capital rules.

  • September 10, 2026

    4th Circ. Calls No-Bond Detention Policy 'Stain' On The Nation

    The Fourth Circuit on Thursday became the ninth appellate court to declare illegal the Trump administration's detention of immigrants without bond, calling the mass detention a "stain" on the nation and comparing it to the internment of Japanese-Americans during World War II.

  • September 10, 2026

    SEC Must Police Some Event Contracts: Citadel Securities

    Citadel Securities told federal derivatives and securities regulators that the U.S. Securities and Exchange Commission should take the lead on oversight of event contracts and other wagers when they're linked to public companies or equities.

  • September 10, 2026

    Catholic Charity Fights Bid To Toss Funding Cut Suit

    A Catholic charity said its opposition to abortion and contraception led Michigan to unconstitutionally terminate its decade-long role as a state-designated service provider for women suffering from substance abuse, and it urged a federal judge to reject the state's request to dismiss a civil rights suit filed by the organization.

  • September 10, 2026

    Biosimilars Boast Big Savings But Face IP Risks, Report Says

    There are no biosimilar drugs in development for 90% of biologic products set to lose their patent exclusivity by 2034, according to a report released Thursday by the Association for Accessible Medicines, which warned that current patent policy threatens generic-drug development. 

  • September 10, 2026

    DHS Aims To End 60-Day Grace Period For Certain Work Visas

    The U.S. Department of Homeland Security floated a new rule Thursday that would eliminate a 60-day grace period for holders of H-1B and certain other employment-based visas to remain in the U.S. if they lose their jobs, citing "administrative burden."

  • September 10, 2026

    Squires Grants 10 Patent Reviews, Rejects None

    U.S. Patent and Trademark Office Director John Squires has instituted 10 more Patent Trial and Appeal Board petitions, largely in the pharmaceutical space.

  • September 10, 2026

    Kansas Immigration Tuition Law Can't Overcome Fed. Statute

    A Kansas federal judge has ruled that a federal statute preempts a two-decade-old Kansas law allowing people without lawful immigration status to pay in-state college tuition rates, granting a push from the Trump administration and Kansas' attorney general to strike it down.

Expert Analysis

  • EPA Guidance May Simplify On-Site Power For Data Centers

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    At a moment when wait times to connect large loads to the electric grid can stretch into years, two recent U.S. Environmental Protection Agency guidance documents seek to make it easier for data center developers to set up on-site power generation — but much will depend on how quickly states and localities update their own rules, say attorneys at Alston & Bird.

  • Fed's Capital Rule Proposal Could Help Banks Stay Mutual

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    The Federal Reserve Board's recent proposal to comprehensively rewrite its capital rule and reduce procedural requirements for mutual holding companies would support community banking by allowing mutual institutions new ways to fund growth without converting to stock form, say attorneys at Nutter.

  • 8(a) Firms Face New Risks From Pass-Through Arrangements

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    ​Prime contractors and subcontractors with pass-through arrangements involving the Small Business Administration's 8(a) business development program should ensure they are prepared for heightened litigation risks created by the administration’s use of False Claims Act whistleblowers to target fraud in diversity, equity and inclusion programs, say attorneys at RJO.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • CISA Town Halls Signal Key Cyber Rule Changes Ahead

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    The Cybersecurity and Infrastructure Security Agency recently held a series of town halls to gather additional stakeholder input on the Cyber Incident Reporting for Critical Infrastructure Act, offering potential insights into how the agency may address key issues in a forthcoming final rule, say attorneys at Covington.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Home Equity Products Face Expanding Regulatory Patchwork

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    Home equity investment providers, which have recently come under scrutiny from regulators and industry groups, face meaningful burdens as the U.S. Senate and a growing number of states take divergent regulatory approaches, with no uniform standard likely anytime soon, say attorneys at Bradley.

  • How Orbital Data Centers May Test NEPA's Reach

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    With environmental and scientific groups recently pushing back against the Federal Communications Commission's proposal to exempt massive data center satellite constellations from review under the National Environmental Policy Act, the question of whether NEPA even applies to projects in space turns on three closely related issues, say attorneys at Morgan Lewis.

  • How Subchapter V Bill May Change Restructuring Analysis

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    While a recently passed Senate bill would expand the pool of businesses eligible to use the streamlined Subchapter V process, its more significant influence may be on how distressed businesses and their lenders evaluate restructuring alternatives long before a bankruptcy petition is filed, says Robert Charbonneau at Agentis.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Illinois BNPL Law Casts Wide Net Over Loan Providers

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    A new Illinois law's broad definition of buy now, pay later providers under its new dedicated licensing and supervisory regime notably imposes conduct standards similar to other consumer credit regimes and aggressively looks through a wide range of business activities and arrangements, say attorneys at Ashurst Perkins.

  • BIA Ruling Calls For Analyzing Advance Parole Travel's Risks

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    The Board of Immigration Appeals’ recent policy reversal, holding that a temporary trip abroad pursuant to advance parole counts as a departure under the Immigration and Nationality Act, means counsel should assess their clients' immigration history and potential risks of travel before they depart, says attorney Richard Herman.

  • What Cos. Should Know About DOE Energy Dominance Loans

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    With the U.S. Department of Energy's Office of Energy Dominance Financing set to become a vital resource for funding U.S. energy and critical minerals projects, interested companies must understand the terms of potential loans and take into account the applicable financial, technical, legal and regulatory requirements, say attorneys at Mayer Brown.

  • How Jackson Walker Settlement Will Affect Conflict Checks

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    Jackson Walker's recently filed $15 million settlement with the U.S. Trustee is effectively a contract between one firm and the government that will nevertheless serve as a template of conflict disclosure practices for all firms practicing in the bankruptcy courts, says attorney Ken Rosen.

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