Public Policy

  • October 29, 2026

    Admin Ordered To Identify States Hit With Voter Roll Demands

    A D.C. federal judge ordered the Trump administration to quickly turn over a list of states from which it has demanded immigration-related voter roll changes to Democratic campaign officials and congressional leaders Thursday, saying the list could make or break the Democrats' bid for an injunction to halt the demands.

  • October 29, 2026

    Treasury Asked To Narrow Crackdown On Fund Strategies

    The U.S. Treasury Department should develop targeted rules distinguishing abusive transactions from long-standing investment management practices in new enforcement that scrutinizes novel strategies exploiting the tax benefits of certain investment vehicles and financial products, firms and organizations told the department.

  • October 29, 2026

    FCC Agrees To Rules Targeting Some Foreign Test Labs

    The Federal Communications Commission voted Thursday to block recognition of equipment testing labs in countries that do not similarly recognize U.S.-based labs.

  • October 29, 2026

    Mich. Judge Mulls Detroit Sign Rules Ahead Of Election

    A Michigan federal judge questioned Detroit's permitting requirements for political signs Thursday as she considered whether to let a congressional write-in candidate display dozens of campaign signs outside businesses ahead of Tuesday's election.

  • October 29, 2026

    House Bill Would Increase Oversight Of Antitrust Settlements

    Rep. Jamie Raskin, D-Md., introduced proposed legislation Thursday that would increase court scrutiny of antitrust settlements reached by federal enforcers, with the lawmaker saying more oversight is needed after the White House's involvement in recent cases.

  • October 29, 2026

    Squires Grants 4 Patent Review Bids In Latest Bulk Order

    U.S. Patent and Trademark Office Director John Squires has greenlighted four new petitions seeking review of patents in his latest round of decisions, while turning down one on discretionary grounds.

  • October 29, 2026

    Judge Seems Unswayed By Fears SEC Seeks 'Enemies List'

    A Pennsylvania federal judge on Thursday appeared reluctant to block the U.S. Securities and Exchange Commission's subpoena seeking information about voting advice that proxy adviser Institutional Shareholder Services gives to institutional investors despite ISS' concerns about political retaliation.

  • October 29, 2026

    9th Circ. Drops Speech Holding In Seattle Gig Worker Ruling

    The Ninth Circuit on Thursday withdrew its earlier finding that Seattle's protections for app-based delivery workers don't regulate speech, replacing it with a narrower ruling that assumes the law involves speech but still passes First Amendment scrutiny.

  • October 29, 2026

    Pa. Can Enforce E-Cigarette Law Amid Vape Cos. Appeal

    There will be no pause on a Pennsylvania law that makes it illegal to sell most vape products, a federal judge said, rejecting a vape industry bid seeking a brief reprieve while an appeal seeking to upend the statute heads to the Third Circuit.

  • October 29, 2026

    'We're Going To Get Sued': LA Revives Ban On Oil, Gas Wells

    The Los Angeles City Council on Wednesday passed an ordinance banning all new oil and gas drilling within city limits and phasing out existing wells within 20 years, with one councilmember commenting that the city expects to get sued by members of the industry over the vote. 

  • October 29, 2026

    NJ Panel Says State Shields Military Leave Past Federal Cap

    A New Jersey state appeals court on Thursday upheld a decision giving an Atlantic City police officer his job back after the city fired him for staying on military leave for more than five years, saying a federal five-year limit is a minimum, not a maximum.

  • October 29, 2026

    Uber, Amazon, Instacart Fight NYC Courier Deactivation Law

    Uber, Amazon and Instacart have accused New York City of overstepping by enacting a law prohibiting them from "deactivating" delivery couriers without formal notice and investigation, claiming in a new federal lawsuit that the regulation unconstitutionally interferes with their contractual rights.

  • October 29, 2026

    FCC Floats $4.4M Fine For Boomerang's Alleged Lifeline Fraud

    The Federal Communications Commission proposed a $4.4 million fine against Boomerang Wireless for allegedly defrauding the Lifeline program, which gives discounts on phone and internet services to qualifying low-income Americans.

  • October 29, 2026

    FCC Seeks To Rev Up Satellite Device Coverage

    The Federal Communications Commission advanced new rules Thursday that could open 25 megahertz of midband spectrum for new uses, including not only terrestrial wireless but potentially also direct-to-device coverage from satellites.

  • October 29, 2026

    Tax Consultancy Asks 5th Circ. To Kill Microcaptive Rule

    The IRS never published data showing that microcaptive transactions pose a potential for tax avoidance to justify a rule making companies and advisers report them as "transactions of interest," a tax consultancy seeking the rule's demise told the Fifth Circuit.

  • October 29, 2026

    DOJ Says Immigration Judge Isn't Shielded From Removal

    The U.S. Department of Justice told a Massachusetts federal judge that an ex-immigration judge who claims he was fired for his political ideology and advocacy work was an at-will employee who cannot show his firing was discriminatory.

  • October 29, 2026

    NJ Justices Uphold Atty's Privacy Expectation In Email Advice

    The New Jersey Supreme Court ruled Thursday in a split decision that the name of the attorney who emailed legal advice to a municipal prosecutor in a traffic dispute should not be disclosed under the state's public records law, finding the sender's reasonable expectation of privacy outweighs any interest in disclosure.

  • October 29, 2026

    Canada, UAE Sign Economic Partnership Agreement

    Canada and the United Arab Emirates have reached an agreement on a trade deal that is expected to double bilateral trade between the countries, up to CA$7 billion ($5 billion) annually, the Canadian government said, lauding the agreement as being reached in "record time."

  • October 29, 2026

    EEOC Eliminates Long-Standing Criminal History Guidance

    The U.S. Equal Employment Opportunity Commission has revoked Obama-era guidance that outlined employers' legal obligations in their use of workers' arrest and conviction records to make employment decisions, the agency announced Thursday.

  • October 29, 2026

    US Signs Key Sector Memorandums With Hungary, Finland

    Secretary of State Marco Rubio signed memorandums with Finnish and Hungarian officials Thursday indicating that the U.S. will work together with those trading partners on key minerals, technology and energy policy matters.

  • October 29, 2026

    1st Circ. Seeks Mass. Justices' Input On USAA Rate Row

    The First Circuit asked Massachusetts' highest court to weigh in on a suit by service members alleging USAA improperly considered their military pay grade when issuing auto insurance policies, finding the dispute implicates questions of state law.

  • October 29, 2026

    Gov't Urges 11th Circ. To Lift Sanctions Over Trump-IRS Deal

    A federal judge's order barring President Donald Trump, the IRS and the U.S. Treasury Department from citing the agreement made to settle his $10 billion suit against the tax agency is unsupportable and should be reversed, the government told the Eleventh Circuit.

  • October 29, 2026

    Ex-ComEd CEO, Lobbyist Signal Plea Deal Over Retrial

    Attorneys for Commonwealth Edison's former CEO and a longtime lobbyist told an Illinois federal judge on Thursday that they are in talks with the government about plea deals rather than an anticipated retrial next year on charges that they conspired to win former Illinois Speaker Michael Madigan's legislative favor in exchange for do-nothing jobs for his allies.

  • October 29, 2026

    NLRB Urges 7th Circ. To Ponder Injunction Harm Burden

    The National Labor Relations Board urged the full Seventh Circuit to rethink a ruling that raised the bar for the agency to win injunctions, saying the panel's merits conclusions and its take on what constitutes irreparable harm to workers' labor rights conflict with U.S. Supreme Court precedent.

  • October 29, 2026

    Judge Rejects Extra Hurdle For Medicaid Frailty Exemption

    A Trump administration bid to create additional barriers to Medicaid eligibility was rejected Thursday by a Massachusetts federal judge, who ruled that Congress did not delegate to the executive branch the task of deciding who is too medically frail to meet work requirements.

Expert Analysis

  • Opinion

    Justices' Climate Ruling Should Preserve State Tort Claims

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    As recent oral arguments in Suncor Energy v. Boulder County demonstrated, the case hinges on long-standing principles of federalism that allow state and local governments to protect their resources and citizens — and if the justices rule based on precedent, Suncor should lose, says William Buzbee at Georgetown University Law Center.

  • Accenture's FCA Deal Shows DEI Risks For Gov't Contractors

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    The U.S. Department of Justice recently settled allegations that Accenture falsely certified compliance with antidiscrimination requirements in its federal contracts, underscoring how diversity goals can become a False Claims Act issue when the company requests payment from the government, say attorneys at Bass Berry.

  • DOJ Directive Gives Contractors A Fraud Risk Road Map

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    For government contractors, the 10 factors described in the U.S. Department of Justice's recent corporate fraud enforcement directive function as a de facto scoring rubric for internal audits that mirrors what prosecutors will prioritize, say attorneys at Spencer Fane.

  • Key Risk Assessment Gaps To Note From NY Cyber Guidance

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    Covered entities should take a fresh look at the compliance gaps flagged in recent New York State Department of Financial Services guidance on "deficient cybersecurity programs," particularly around scope, asset inventories and documentation, say attorneys at Mayer Brown.

  • Tort Liability When AI Goes Rogue: Strict Liability

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    If artificial intelligence agents misbehave in unpredictable ways, and no reasonable precaution can prevent resulting harms, then a negligence regime may not provide sufficient remedy, and strict liability might be adapted to cover agents' misconduct — but the common notion of strict liability fits this situation imperfectly, says Donald Hawthorne at Carter Ledyard.

  • Where SEC's Transfer Agent Plan Would Change Compliance

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    The U.S. Securities and Exchange Commission’s recent proposal to update the federal regulatory framework for transfer agents would comprehensively modernize the old task-specific regime by centering speed, operational resilience, compliance governance and technology-neutral recordkeeping, say attorneys at Morgan Lewis.

  • Open Issues After 2nd Circ.'s Airport Phone Search Ruling

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    While the Second Circuit’s recent U.S. v. Alisigwe decision confirms border agents' broad authority to conduct routine manual cellphone searches at ports of entry, significant questions remain about more wide-ranging forensic searches at the border, say attorneys at Baker Botts.

  • FTC's Changing Model Raises Questions About Its Mission

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    Federal Trade Commission leaders have recently sketched a vision of an agency that continues an enforcement role distinct from the U.S. Department of Justice's, even as a shift toward greater presidential control makes enforcement more responsive to changes in administrations, say attorneys at Wiley.

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • The Future Of PCAOB Enforcement After Post-Jarkesy Win

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    While the Public Company Accounting Oversight Board recently defeated procedural and structural challenges to its enforcement program in D.C. federal court, it's unclear what claims and sanctions the PCAOB can bring against respondents — and whether it's interested in instituting disciplinary proceedings generally, says Mike Plotnick at King & Spalding.

  • Tort Liability When AI Goes Rogue: Negligence Theory

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    If reasonable care in the use of artificial intelligence agents cannot eliminate the risk of third-party harm, then AI companies and users of AI agents must consider whether negligence theory provides an adequate framework for assessing harm caused by agents that go rogue, says Donald Hawthorne at Carter Ledyard.

  • DC Circ. Ruling Clarifies Standards For Buy America Waivers

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    The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.

  • How Senate-Passed Bill May Reshape NCAA Antitrust Liability

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    With the U.S. Senate's recent passage of the Protect College Sports Act, practitioners should not wait for the U.S. House of Representatives' approval to prepare for shifts in potential antitrust protections, compensation, media rights deals and conference mergers, say attorneys at Norton Rose.

  • Uniting BSA, Sanctions Compliance As Treasury Targets Iran

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    The past 18 months of Treasury Department policies demonstrate expectations that financial institutions not merely obey sanctions against Iran, but also help expose how it moves money, making it essential that banks eliminate silos between their Bank Secrecy Act and sanctions compliance teams for an integrated response, says Jonathan Harrington at Bradley Arant.

  • Digging Into Dems' Letter On Subpoena Secrecy Demands

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    Lawmakers’ recent letter arguing that federal agencies’ use of boilerplate nondisclosure language in subpoenas pressures recipients into silence may lead to a significant overhaul of the current framework, but in the meantime, companies should review their rights and options, say attorneys at Crowell & Moring.

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