Public Policy

  • July 28, 2026

    Calif. Warns SEC Against Preempting State REIT Registration

    California is urging the U.S. Securities and Exchange Commission not to adopt a proposal that could free certain real estate investment trusts and business development companies from registering with the states, saying it could leave retirees and the elderly vulnerable to fraud.

  • July 28, 2026

    Judge Bars Suit Over Alaska's Approved Land Transfers

    A federal judge refused to stop the transfer of nearly 1.4 million acres of federal public lands to Alaska, ruling the state is immune to the bulk of a lawsuit seeking to restore environmental protections and prevent future mining and natural gas development.

  • July 28, 2026

    DC Circ. Backs EPA's Pollution Review Regulation Process

    A D.C. Circuit panel sided with the U.S. Environmental Protection Agency in its fight with environmental groups challenging rules for determining whether modifications to major pollution sources trigger new review, holding Tuesday the rule is neither inconsistent with the Clean Air Act nor arbitrary and capricious.

  • July 28, 2026

    Judge Pares Suit Challenging Empire Wind Project

    A D.C. federal judge has trimmed a lawsuit contesting federal approvals for a wind farm off the New York and New Jersey coasts while preserving claims that the government wrongly allowed the project to harm migratory bottlenose dolphin populations.

  • July 28, 2026

    Cannabis User Urges 8th Circ. To Rehear Gun Case

    A man convicted of possessing a pistol while using marijuana is urging the Eighth Circuit to rehear his case, arguing that its prior decision to uphold his guilt conflicts with the appeals court's prior ruling requiring the government to prove that a person's drug use caused their dangerous behavior.

  • July 28, 2026

    Senators Urge CFTC Rule Slowdown Over Tribal Concerns

    Leaders of the U.S. Senate Indian Affairs Committee are urging the U.S. Commodity Futures Trading Commission to extend the public comment deadline for its proposed rule that could govern the way the agency oversees prediction markets, saying it's critical that Indigenous nations have time to evaluate its effects.

  • July 28, 2026

    Flawed NLRB Protections Can't Stop Case, Texas Judge Says

    National Labor Relations Board members' and judges' job protections are unconstitutional, but these flaws don't block the agency from prosecuting labor violations, a Texas federal judge said in a decision splitting with a recent ruling from a different district.

  • July 28, 2026

    Contempt Bid Denied In Guatemalan Kids Removal Order Case

    A D.C. federal judge rejected a bid to hold immigration officials in contempt for allegedly violating a court order prohibiting the removal of unaccompanied Guatemalan children, finding no evidence of any of the children actually being deported.

  • July 28, 2026

    8th Circ. Keeps Some Claims Alive In Jail Macing Suit

    The Eighth Circuit has partially revived a lawsuit brought by four incarcerated people in a St. Louis jail, finding that guards at the facility should not be granted complete qualified immunity from claims that they used excessive force.

  • July 28, 2026

    Trade Court OKs Canadian Lumber Duties Recalculation

    The U.S. Department of Commerce appropriately applied a new price differential test to calculate slight alterations of antidumping duties on Canadian softwood lumber exporters, the U.S. Court of International Trade ruled.

  • July 28, 2026

    Judge Mulls Pausing Medicaid Work Rule For 'Frail' Recipients

    A Massachusetts federal judge said Tuesday he anticipates deciding by the end of the week whether the Trump administration will have to pause part of a new rule states must follow in determining whether medically frail Medicaid recipients are exempt from new work or school requirements.

  • July 28, 2026

    Calif. Judge Won't Toss Challenge To Homeless Camp Sweeps

    A California federal judge partially tossed a proposed class action challenging homeless camp sweeps conducted by California's Department of Transportation and local police working for San Diego County, the city of Santee and the city of Lakeside, but allowed many of the claims to proceed.

  • July 28, 2026

    Humanoids, Other Robotics Added To FCC's Nat'l Security List

    The Federal Communications Commission said Tuesday that humanoids and other advanced robotics newly produced in foreign countries will be included on the "covered list" of products restricted from U.S. importation and marketing.

  • July 28, 2026

    Pa. Panel Narrows Test For Tax Exemption On Charities' Land

    A Pennsylvania appeals court panel held Tuesday that the Salvation Army was wrongly denied a real estate tax exemption for an outdoor retreat by the organization, saying that the entire property was operated in keeping with the group's charitable mission.

  • July 28, 2026

    ICE Facility's Appointed Monitor Reports Medical Neglect

    U.S. Immigration and Customs Enforcement is failing to comply with a California federal judge's preliminary injunction order requiring it to provide an adequate healthcare system at a detention center in the western Mojave Desert, according to a report from a court-appointed monitor.

  • July 28, 2026

    Connecticut's ICE Arrest 'Obstacles' Can't Stand, Feds Say

    A Connecticut state law and a local executive order that limit cooperation with immigration authorities are preempted by acts of Congress and must be struck down, the U.S. government told a federal court.

  • July 28, 2026

    Ga. Justice Hopefuls Say Watchdog Violates Their Free Speech

    Two unsuccessful candidates for seats on the Georgia Supreme Court are urging a Georgia federal court to keep their suit alive, arguing that the state's judicial watchdog violated their freedom of speech when it publicly accused them of violating ethics rules days before the May election.

  • July 28, 2026

    Ex-FCC Officials Call Agency's ABC Station Probe 'Retaliatory'

    Several former top officials at the Federal Communications Commission called on FCC Chair Brendan Carr on Tuesday to abandon an early review of eight Disney-owned ABC stations' licenses, calling the action a "grave violation" of federal law and free speech protections.

  • July 28, 2026

    High Court Asked To Take Another Settled Expectations Case

    E-learning company Kahoot Inc. is pushing the U.S. Supreme Court to take up its challenge to the U.S. Patent and Trademark Office's practice of using settled expectations as a reason to deny patent reviews, marking the second petition before the high court on the issue.

  • July 28, 2026

    Texas Panel Says Sysco Can't Arbitrate Driver Injury Claim

    A Texas appeals court on Tuesday found that Sysco USA I Inc. cannot compel arbitration in a delivery driver's injury suit, as the driver is exempt from the Federal Arbitration Act as a transportation worker.

  • July 28, 2026

    Mich. Jury Rejects Student's Title IX Claim

    A Michigan federal jury found Tuesday that a Ypsilanti, Michigan, school district had actual knowledge of harassment reported by a student but concluded the alleged conduct was not severe and pervasive enough to trigger liability under Title IX, returning a verdict for the defense after fewer than two hours of deliberations. 

  • July 28, 2026

    340B Appellate Cases To Watch In The 2nd Half Of 2026

    Drugmakers are pressing appellate judges in the back half of 2026 to strike down state laws blocking them from restricting 340B contract pharmacy arrangements. Law360 Healthcare Authority has the cases to watch.

  • July 28, 2026

    Teva Can't 'Literally Whine' Of Being Held To DOJ Admissions

    A Pennsylvania federal judge has taken Teva to task for trying to avoid being held to its admissions of price-fixing in a $225 million settlement with the U.S. Department of Justice, ruling that Humana can use those admissions in one of the first bellwether trials in sprawling multidistrict litigation.

  • July 28, 2026

    Feds Say Ethiopian TPS Suit Rehashes Unreviewable Claims

    The Trump administration urged a Massachusetts federal court to toss an amended lawsuit challenging its revocation of Ethiopia's temporary protected status designation, leaning on the U.S. Supreme Court's recent ruling allowing it to terminate TPS for Haiti and Syria.

  • July 28, 2026

    Commerce Establishes Tariff Offsets For Domestic Engines

    Domestic manufacturers of engines for cars and medium- and heavy-duty trucks are now eligible for tariff offsets for sectoral duties placed on imported parts, the U.S. Department of Commerce said Tuesday.

Expert Analysis

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • CFPB Fair Lending Litigation Reveals Compliance Complexity

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    A recent legal challenge to the Consumer Financial Protection Bureau's fair lending amendments underscores continuing uncertainty over disparate impact liability, discouragement standards and special purpose credit programs, signaling that financial services providers should avoid hasty compliance changes, say attorneys at Weiner Brodsky.

  • Ensuring Eligibility For Data Center Sales Tax Breaks

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    As states compete to lure data centers, sales tax exemptions are an important component of many incentive packages — but companies must ensure that projects not only qualify for exemptions on paper, but also can preserve and prove their eligibility through the planning, construction and operation phases, says Peter Lowy at Nelson Mullins.

  • Cos. Should Act Now After US Ruling Reopens EU Data Fight

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    The U.S. Supreme Court's recent decision in Trump v. Slaughter may have inadvertently undermined the EU-U.S. Data Privacy Framework, and given the importance of data transfers for U.S. businesses, companies should start preparing for a scenario in which the framework is no longer enforceable, says Fernanda Pires Merouço at Davis Wright.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • FDIC Proposals Mark Pullback In Bank Resolution Rules

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    A recent pair of Federal Deposit Insurance Corp. proposals would fundamentally reshape testing of banks' resolution-related capabilities from a mandatory exercise to a voluntary one supported by significant financial incentives, amounting to an overall reduction in reporting requirements, say attorneys at Moore & Van Allen.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • EEOC Enforcement Plan Signals DEI, Religious Bias Scrutiny

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    In light of the U.S. Equal Employment Opportunity Commission recently publishing its national enforcement plan covering through fiscal year 2029, employers should expect increased scrutiny of practices that conflict with the administration's positions on diversity, equity and inclusion, national origin discrimination, and religious accommodations, say attorneys at Morgan Lewis.

  • Immigration Order Raises Customer ID Stakes For Banks

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    Following a recently issued immigration-related executive order, financial institutions should expect and prepare for increased scrutiny of customer due diligence and identification, suspicious activity monitoring, and consumer lending, as well as accompanying supervisory shifts and rising fair lending risks, says Douglas Weissinger at Butler Snow.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • How CME Suit May Reshape CFTC's Crypto Derivatives Rules

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    CME Group's recent lawsuit over the U.S. Commodity Futures Trading Commission's approval of a Kalshi application to offer a bitcoin perpetual contract as a futures product could have cascading consequences for crypto derivatives regulation, highlighting why policy ambitions do not override statutory text or substitute for reasoned decision-making, says attorney Tamara de Silva.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • NEPA Reforms Can Fix Permitting Without Weakening Review

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    Recent National Environmental Policy Act reforms, in tandem with a Senate bill proposing faster permitting reviews and greater agency coordination, mark a long overdue move toward more efficient energy and infrastructure permitting that does not sacrifice environmental assessment, say attorneys at GableGotwals.

  • 2 Microsoft Matters Could Help Shape AI Antitrust Outlook

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    A pending federal court case and investigation focusing on Microsoft's allegedly anticompetitive conduct in the deployment of artificial intelligence tools are testing whether antitrust law can distinguish ordinary competition to supply the AI ecosystem from conduct that distorts how that competition unfolds, says Kylie Kim at Massey & Gail.

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