Public Policy

  • November 10, 2026

    11th Circ. Asked To Nix Penalties For Captive Deductions

    The U.S. Tax Court improperly imposed additional accuracy-related penalties against a Florida business for deductions it took for microcaptive insurance expenses, the business' owner told the Eleventh Circuit, saying the Tax Court's analysis of the case can't be reconciled with binding circuit precedent.

  • November 10, 2026

    DOL, Defense Research Co. Settle ESOP Stock Sale Fight

    An Alabama federal judge agreed to stay a U.S. Department of Labor enforcement case against a research company that allegedly mismanaged an employee stock ownership plan, after the parties reported a settlement of their dispute.

  • November 10, 2026

    Trump Admin. Still Can't Cut Trees At DC Golf Course

    A D.C. federal judge issued a scathing order refusing to pause her injunction blocking the Trump administration from cutting down more trees at East Potomac Golf Course, rejecting the government's attempt to decouple the tree removals from its allegedly unlawful plan to develop a championship-style golf course.

  • November 10, 2026

    Feds Seek To Lift Power Line Injunction After Further Review

    The federal government has urged a Colorado federal court to lift a preliminary injunction partially blocking a utility's construction of a transmission line in the Nebraska Sandhills, arguing that the issues the court identified in an "incidental take" permit have been fixed.

  • November 10, 2026

    Grassley Defends Rush To Confirm Trump Judicial Picks

    Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, on Tuesday defended how quickly the committee is moving to confirm President Donald Trump's judicial picks before Democrats control the Senate.

  • November 10, 2026

    Philly Mayor Had Final Say On DEI Moves, Ex-Officer Says

    The city of Philadelphia's former top DEI officer filed a new version of her federal lawsuit accusing the city of firing her in retaliation for reporting sexual harassment of a Black co-worker by her white boss, rendering the city's pending motion to dismiss moot.

  • November 10, 2026

    No 3rd Circ. Redo For Green Group Over Pa. Pipeline Permits

    The Third Circuit won't grant an en banc rehearing to an environmental group's challenge to a pair of Transcontinental Gas Pipe Line Co. pipeline projects in Pennsylvania, after ruling in October that the state's permitting process wasn't deficient.

  • November 10, 2026

    Texas State Lawmakers Prefile Marijuana Legalization Bills

    Texas Democratic state lawmakers have introduced legislation to legalize and regulate the sale of recreational marijuana ahead of the state's legislative session, which is due to begin in January.

  • November 10, 2026

    Colo. Agency Escapes Black Applicant's Hiring Bias Suit

    A federal judge tossed a Black job hopeful's suit claiming he was passed over for a policy role in a Colorado agency out of race bias, ruling his case is devoid of evidence that the white woman who got the job was given advantages he was denied.

  • November 10, 2026

    DOJ Says Privilege Shields Chicago Protest Case Talks

    The U.S. Department of Justice asserted several privileges Monday over records that otherwise answer an Illinois federal judge's call for communications she'd sought while investigating a push to indict six ICE protesters, despite local prosecutors' earlier assertion that those same sorts of communications didn't exist.

  • November 10, 2026

    Shoppers Say Home Depot Must Pay Back Tariff Windfall

    Two shoppers filed suit in Georgia federal court claiming Home Depot pocketed roughly $730 million in refunds from struck-down tariffs that should have gone to consumers. 

  • November 10, 2026

    Ark. Judge Allows State Abortion Ban Challenge To Proceed

    An Arkansas physician and six women can proceed with claims that the state's near-total abortion ban violates the Arkansas Constitution by effectively chilling pregnancy-related care, a state judge ruled, denying the majority of the state's dismissal bid.

  • November 10, 2026

    UK Looking To Enhance Forced Labor Import Ban Regime

    The U.K. government committed to strengthening its measures protecting against forced labor in the country's supply chain after being pushed by a Parliamentary committee over U.S. tariffs tied to such measures.

  • November 10, 2026

    Ky. Revenues Through October $603M Ahead Of Last Year

    Kentucky's general fund revenue collection from July through October outpaced last year by $603 million, the Office of State Budget Director said in a report released Tuesday.

  • November 10, 2026

    CIT Can't Order Universal Tariff Refunds, Gov't Tells Fed. Circ.

    The U.S. Court of International Trade's order requiring refunds for all importers who paid illegal tariffs should be deemed unlawful, the government told the Federal Circuit, saying U.S. Supreme Court precedent bars such universal relief.

  • November 10, 2026

    Ark. Senators Accused Of Blocking Trump's 8th Circ. Pick

    With time waning for a Republican-controlled Senate, President Donald Trump might lose an opportunity to fill a seat on the U.S. Court of Appeals for the Eighth Circuit.

  • November 10, 2026

    EEOC Plan To Nix Workforce Reports Moves To White House

    The U.S. Equal Employment Opportunity Commission has moved a step closer to scrapping long-standing workforce demographic report requirements for large employers, sending a rule that would end the data filings to the White House for review.

  • November 10, 2026

    Trump Taps DOJ Lawyer To Serve On EEOC

    President Donald Trump has nominated an attorney with the Justice Department's Civil Rights Division to fill one of two vacancies on the U.S. Equal Employment Opportunity Commission, potentially solidifying a three-member Republican majority through at least 2029.

  • November 09, 2026

    Denver, Littleton Seek To Halt Town's Street Gates Project

    Two Colorado cities urged a state judge to block a Colorado town from moving forward with its planned construction of gates at roadway intersections bordering the town, alleging Monday that the gates would increase traffic and risk of collisions on the cities' residential streets.

  • November 09, 2026

    9th Circ. Pauses Some Calif. Climate Disclosure Requirements

    The Ninth Circuit ruled Monday that California can require companies to report greenhouse gas emissions from their own operations or from purchased energy, but temporarily blocked the state from requiring reporting of indirect emissions and climate-related financial risk.

  • November 09, 2026

    Del. Bar Suggests State Scheme For Shareholder Proposals

    The Delaware State Bar on Monday proposed a new framework for when and how stockholders of a Delaware corporation can submit proposals at annual stockholder meetings, changes that could take effect if the U.S. Securities and Exchange Commission moves forward with handing oversight back to the states.

  • November 09, 2026

    Seattle Area Residents Aim To Relaunch Airport Pollution Suit

    Washington residents are seeking a federal judge's permission to revamp their proposed class action over alleged flight path pollution near the Seattle-Tacoma International Airport, with the goal of bringing federal claims against the airport operator and major airlines after the Ninth Circuit ruled out their previous state law claims.

  • November 09, 2026

    Coinbase Gets Final OCC OK For Custody-Focused Trust

    Crypto exchange Coinbase said Monday that the Office of the Comptroller of the Currency finalized its national trust charter, allowing the crypto exchange to launch its federally regulated crypto custody operation.

  • November 09, 2026

    Fla. Judge Says Financial Disclosure Law Is Unconstitutional

    A Florida federal judge ruled in favor of numerous local elected officials in their complaint challenging a state law requiring them to provide detailed financial disclosures, finding Monday the legislation is unconstitutional because it infringes on free speech rights in violation of the First Amendment. 

  • November 09, 2026

    CFPB Sends Mortgage Servicing Updates To White House

    The Consumer Financial Protection Bureau has submitted to the White House a final rule updating its mortgage servicing rules following a proposal under the previous administration that stemmed from lessons learned in the COVID-19 pandemic, though it wasn't immediately clear how the final rule compares to the proposed version.

Expert Analysis

  • How Cos. Should Prepare For Democratic Oversight

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    Companies should begin preparing now for a new, Democratic-majority Congress — understanding how the oversight landscape has changed in recent years and monitoring leadership elections, new rules and potential select committees, say attorneys at Wiley.

  • How Analytical Advances Reshape Biologic Patent Strategy

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    As regulators shift away from relying on comparative clinical efficacy studies in biosimilar development, and more toward analytical data, practitioners should pay closer attention to post-translational modifications when evaluating patentability, says Gina Nellesen at Global Patent Group.

  • Opinion

    Justices Must Protect Enforcement In DOL Fine Power Case

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    In deciding whether the U.S. Department of Labor’s in-house court has the power to decide monetary penalties arising from H-2A violations, the U.S. Supreme Court must preserve a practical route to relief for workers and a constitutional forum for employers to contest liability, say Michelle Dromgold-Sermen, Jessica Vasquez-Luna and Julissa Barrera at George Mason University.

  • Series

    Open-Water Swimming Makes Me A Better Lawyer

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    Swimming long distances in open waters is not necessarily an escape from my intellectual property practice, but a complementary discipline that similarly rewards sustained attention, intellectual curiosity, resilience and the ability to pursue a distant objective without losing command of the immediate task, says Christina MacDougall at Morgan Lewis.

  • 3 Factors That Can Make Or Break A Subchapter V Case

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    The Bankruptcy Threshold Adjustment Act may soon increase the debt limit for Subchapter V bankruptcy, making the process available to more business, but their success within it depends on the debtors' efficiency, credibility and accurate financial assessments, say Michael Martinez at Grier Wright and Mary Grasta at Stretto.

  • Conflicting Rulings Cloud NCAA Eligibility Rule

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    The NCAA's adoption of the five-to-five eligibility rule has resulted in a genuinely fractured landscape, with the qualification for members of the class of 2022 essentially dependent upon the location of the athlete and the institution rather than on the underlying facts of the case, says Andrew Hope at Buchanan Ingersoll.

  • What To Expect From Calif.'s Incoming Health AI Laws

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    California's new statewide ground rules for artificial intelligence in clinical care, set to take effect on Jan. 1, reveal the Legislature's choice to regulate healthcare AI primarily though institutions, rather than direct product regulation, and providers should shape their compliance plans accordingly, say attorneys at Reed Smith.

  • Opinion

    The Invisible AI Danger That May Undermine Legal Profession

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    A public database tracking cases involving hallucinations generated by artificial intelligence recently surpassed 2,200 entries, but the bigger risk underlying attorneys’ use of such tools is that they will slowly surrender their judgment to AI and lose analytical skills, says Massachusetts District Court Associate Justice Brian Palmucci.

  • SEC's 'Innovation Exemption' Isn't A Substitute For Legislation

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    The U.S. Securities and Exchange Commission's recently announced innovation exemption, allowing trading in certain tokenized securities on permissioned on-chain trading platforms, is a temporary and conditional solution for a specific market model, not a general exemption for on-chain securities trading, says Niels Lemmers at Flow Traders.

  • Consistency Is Key In Pipeline Incident Investigations

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    A pipeline release that causes worker injury does not trigger one investigation, but five or more, running on different timetables, under different statutes, and new federal procedures may soon add more complexity — but companies must maintain one centralized record to ensure consistency throughout, say attorneys at Squire Patton.

  • How Cos. Using AI Agents Can Avoid Protected Data Incidents

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    For businesses whose deployed artificial intelligence agents could enter other companies' systems and steal protected data, deployers can take several steps before an incident to test the configured agent, such as limiting it to approved systems and destinations and requiring human escalation when tasks stall, says Steven Carlson at von Briesen & Roper.

  • FDA Classification Setback Bodes Well For Wound Care Cos.

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    A Georgia federal court's recent decision in MiMedx v. U.S. Food and Drug Administration constrains the FDA's analytical framework for classifying certain wound care products as biological products, carrying important ramifications for manufacturers seeking to avoid heightened regulatory requirements, say attorneys at Hyman Phelps.

  • Logistics Update: Handling Iran War Supply Chain Limitations

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    The war in Iran is straining global logistics by introducing practical, commercial, legal and claims limitations for both operators and customers — so all supply chain participants must understand the resulting legal issues, and how to respond to them, says Jonathan Todd at Benesch.

  • 9th Circ. Waters Ruling Shows Sackett's Ripple Effects

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    The Ninth Circuit's recent decision in Inland Empire Waterkeeper v. Corona Clay demonstrates that the U.S. Supreme Court's "waters of the U.S." ruling in Sackett v. U.S. Environmental Protection Agency can reopen cases already tried to verdict, thus changing expectations around citizen suits and stormwater enforcement in California, says Jacob Lubarsky at Rogers Joseph.

  • FTC Highlights Path To Preserve Board Rights In A Rival Co.

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    The Federal Trade Commission's move to add key guardrails permitting firearms manufacturer Beretta to retain two directors as it takes a 25% stake in competitor Ruger illustrates how parties may maintain board rights in certain circumstances without running afoul of Section 8 of the Clayton Act, say attorneys at Davis Polk.

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