Public Policy

  • May 07, 2026

    How Litigation Funding Disclosure Could Affect ITC Cases

    The U.S. International Trade Commission's proposed rule to require disclosure of litigation funding in intellectual property cases could bring more transparency to disputes and promote settlements, but it could also discourage some suits if it's not carefully tailored, attorneys say.

  • May 07, 2026

    NAACP Urges Miss. Judge To Turn Off XAI Gas Turbines

    The NAACP has asked a Mississippi federal judge to block X.AI Corp. from operating a battery of polluting gas turbines in the community of Southaven, asserting it has continued to add turbines to power a nearby data center rather than address permitting violations.

  • May 07, 2026

    'If It Quacks': Judge Hints Kalshi's Biz Is Sports Gambling

    Fourth Circuit judges appeared dubious Thursday as counsel for Kalshi explained why its "sports event contracts" can only be regulated by the U.S. Commodity Futures Trading Commission rather than state gambling laws, with one judge remarking, "If it quacks, you know, it's a duck. Right? It's gambling isn't it?"

  • May 07, 2026

    La. Says Mailed Abortion Pills Harm State Budget, Sovereignty

    The state of Louisiana on Thursday defended its standing to challenge telehealth access to the abortion medication mifepristone, telling the U.S. Supreme Court that it has suffered financial and other injuries as mail-order pills flood the state.

  • May 07, 2026

    Dems Press Big 3 Bureaus On BNPL Credit Reporting Gaps

    Democratic U.S. senators are calling on the "Big Three" credit bureaus to explain how they're adapting their consumer credit scoring and reporting to account for buy-now-pay-later products, citing concerns about inconsistent tracking of a fast-growing source of everyday purchase financing.

  • May 07, 2026

    Insurer 'Arbitrarily' Cut NC Farmers' Coverage, Court Told

    A crop insurance provider owes two farmers for the cost of arbitration proceedings and other damages they suffered after the insurer tried to halve their recovery for a tobacco crop-related loss, according to a complaint filed in North Carolina federal court.

  • May 07, 2026

    Warren Asks Meta About Reported Stablecoin Payment Plans

    The top Democrat on the Senate Banking Committee has called on Meta CEO Mark Zuckerberg to provide more information about the company's reported plans to introduce stablecoin-based payment features for its users, accusing it of a "deeply troubling" lack of transparency about the project.

  • May 07, 2026

    Pentagon Defends Anthropic Security Risk Label At DC Circ.

    The U.S. Department of Defense told the D.C. Circuit on Wednesday that Defense Secretary Pete Hegseth acted well within his statutory discretion when he labeled Anthropic PBC a supply-chain risk to U.S. national security, rejecting Anthropic's claims of retaliation.

  • May 07, 2026

    Colo. Panel Says Insurance Affidavit Didn't Make Marriage

    A Colorado Court of Appeals panel interpreted a Colorado Supreme Court case outlining common law marriage Thursday, finding that an affidavit signed to obtain health insurance isn't alone enough to show the existence of a common law marriage.

  • May 07, 2026

    Netlist Backs DOJ Stance On Essential IP In Samsung Case

    The U.S. Department of Justice is correct that having a patent included in a standard does not necessarily give the patentholder market power, Netlist said in defending itself against Samsung's lawsuit accusing it of exploiting a standard-setting process.

  • May 07, 2026

    Ill. Congressman's Aide Charged With COVID Relief Fraud

    An Illinois congressman's deputy district director is facing federal fraud charges for allegedly securing fraudulent unemployment insurance funds through a program implemented as part of the government's COVID-19 pandemic relief effort.

  • May 07, 2026

    Colo. Panel Says No Resentencing For Habitual Criminal

    A man with an existing criminal record who was sentenced to 44 years in prison in 2015 under Colorado's habitual criminal statute, after firing a gun at someone he claimed was threatening his girlfriend, cannot be resentenced in light of a 2024 U.S. Supreme Court decision, a Colorado appeals court ruled on Thursday.

  • May 07, 2026

    Dems Say ABC License Probe Is Retaliation For Kimmel Joke

    A group of Senate Democrats on Thursday condemned the Federal Communications Commission's purported retaliation against ABC for not firing late night host Jimmy Kimmel after his controversial joke about the president and his wife.

  • May 07, 2026

    UK Says Welltower's Senior Home Deals May Hurt Competition

    The United Kingdom's antitrust authority determined Thursday that several of Welltower Inc.'s U.K. senior housing acquisitions create "a realistic prospect of a substantial lessening of competition."

  • May 07, 2026

    Md. Congress Members Press Air Force For Fuel Leak Details

    Maryland's Democratic congress members asked the U.S. Air Force to explain "a notable delay" in reporting comprehensive information to state officials about a leak of 32,000 gallons of jet fuel earlier this year at Joint Base Andrews.

  • May 07, 2026

    Pharma Cos. Hit With $2M Judgment Over CBD Investor Fraud

    A California federal judge has issued final judgments against a pharmaceutical company, its CEO and an affiliate on claims from the U.S. Securities and Exchange Commission that they defrauded investors of $6.6 million, hitting them with more than $2 million in damages and civil penalties.

  • May 07, 2026

    Trump's Temporary Global Tariffs Illegal, Trade Court Rules

    President Donald Trump's temporary global 10% tariffs are unlawful because the narrow set of economic conditions required for the measure to be imposed were not met, the U.S. Court of International Trade said Thursday in a divided opinion.

  • May 07, 2026

    California Tribe Seeks Summary Win Over Opioid Clinic Denial

    A California tribe is seeking a summary judgment win after a federal judge rejected its bid for a preliminary injunction to force the Indian Health Service to approve a funding agreement for an opioid treatment clinic, arguing that the agency can't reject the offer because it expands services to non-Indians.

  • May 07, 2026

    US Open To WTO Consultations On 10% Global Tariff Rate

    While a World Trade Organization committee said it "welcomed the transparency" of the U.S. for submitting official notice of President Donald Trump's temporary 10% global ad valorem tariff, some members have expressed concerns about the effects it could have on global trade.

  • May 07, 2026

    Wyden Probes Wall Street Firms For Tariff Refund Stakes' Info

    The top Democratic lawmakers on the Senate Finance Committee sent letters to major Wall Street firms Thursday about their activity in buying the rights to importers' tariff refund interests at a discount following the U.S. Supreme Court's decision in February striking down President Donald Trump's emergency tariff regime. 

  • May 07, 2026

    NC Lawmakers May Shield Athlete Payments From Public View

    Lawmakers in North Carolina are forging ahead with new legislation that would keep payments made from the state's public universities to its athletes shielded from public disclosure in a bid to stay competitive in the free-spending college sports era.

  • May 07, 2026

    1st Circ. Chilly On Challenge To DHS Records Policy

    A First Circuit panel appeared disinclined Thursday to revive a suit alleging the federal government regularly withholds records from immigrants in deportation and asylum proceedings, with one judge saying that if the process is unfair, it would be Congress' job to fix it.

  • May 07, 2026

    11th Circ. Deepens Split On DHS' No-Bond Detention

    A split Eleventh Circuit panel rejected the Trump administration's interpretation of federal immigration law as requiring mandatory detention of noncitizens who entered the U.S. unlawfully, ruling that such individuals are entitled to bond hearings and deepening a growing circuit split.

  • May 07, 2026

    Judge Wants States To Outline Live Nation Antitrust Remedies

    A New York federal judge asked state enforcers on Thursday to outline the remedies they intend to seek from Live Nation, along with the discovery they expect to need, before deciding a schedule for the next steps in the antitrust case against the major live entertainment company.

  • May 07, 2026

    Shipman, Pullman Attys Among Dozen Added To Conn. Bench

    Connecticut lawmakers confirmed 12 new judges to the Superior Court, including partners at Shipman & Goodwin LLP and Pullman & Comley LLC, as the 2026 legislative session wound to a close this week.

Expert Analysis

  • AI Data Center Boom May Spur Wave Of Toxic Tort Suits

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    Nascent litigation matters against data center operators, set against limited government regulation and a growing body of public health research, suggests we may be on the cusp of an era of mass toxic tort claims, with a liability framework firmly rooted in precedent from other industries, says Benjamin Heller at RFZ Law.

  • A Core Weakness In The Challenge To Birthright Citizenship

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    The government’s recent oral arguments against birthright citizenship in Trump v. Barbara would have the Supreme Court use modern immigration classifications as markers for a constitutional boundary that is not expressed in the Fourteenth Amendment, making the theory easier to administer but weaker as a matter of text and history, says attorney Tara Kennedy.

  • Bet On Prediction Market Regulation To Accelerate

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    Watershed developments concerning prediction markets — such as the first insider trading charges, major speeches from U.S. Commodity Futures Trading Commission leadership, and the introduction of rulemaking and legislation — dominated the first quarter of 2026, a trend that will likely continue throughout the rest of the year, say attorneys at K&L Gates.

  • Opinion

    Financial Meltdown Fears Don't Warrant Private Credit Regs

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    Recent withdrawals from business development companies have resurfaced theories that private credit growth poses a crisis-level risk to the financial system, but arguments that more regulation is needed should be viewed with beady and careful eyes, says James Deeken at Akin.

  • New Risks Emerge As States Push Proxy Voting Legislation

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    Recent state proxy voting laws have increasingly emphasized financial returns while intensifying scrutiny of proxy advisory firms and stewardship practices, creating new compliance challenges and risks, according to attorneys at Morgan Lewis.

  • Suit's Dismissal Would Not Settle Gold Card Visa's Legality

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    The government’s recent assertion that the plaintiffs in American Association of University Professors v. Department of Homeland Security lack standing to challenge the Trump administration’s pay-to-play immigration program does not address whether an agency can deem a million-dollar gift evidence of eligibility for immigration benefits carefully defined by Congress, says Jun Li at Reid & Wise.

  • Enviro Ruling And A New Law Signal Shift In La. Legacy Cases

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    Together, a Louisiana state court decision in WMH Farms v. Apache Corp. and an incoming statutory regime signal a sea change for legacy litigation in Louisiana, as courts make it harder to establish proof of contamination, and lawmakers narrow available remedies once contamination is proven, says Philip Wood at Jones Walker.

  • DOJ's Stance On Antitrust And Patent Law Reflects Balance

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    Recent statements of interest in patent litigation and a speech from a key U.S. Department of Justice official communicate the view that strong patent rights and competition policy are complementary, and offer important guidance for intellectual property practitioners and businesses navigating patent enforcement, standard‑setting and licensing, say attorneys at Wiley.

  • Ruling Shows How Texas Law Altered Derivative Suit Outlook

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    In the first test of S.B. 29's new ownership threshold requirement for shareholder actions, a Texas federal court recently dismissed Gusinsky v. Reynolds, a derivative action brought by a minority Southwest Airlines shareholder, offering key guidance for navigating the new Texas corporate litigation landscape, say attorneys at DLA Piper.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • NY Opioid Antagonist Mandate Leaves Employers Guessing

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    A recently enacted New York law will require employers that are federally mandated to maintain first-aid supplies to now include an opioid antagonist, but being that it is subject to a complicated Occupational Safety and Health Administration analysis, employers face several unanswered compliance questions, say attorneys at Conn Maciel.

  • Opinion

    Congress Must Repair USPTO's Inter Partes Review Process

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    To challenge recent changes to the inter partes review process issued by the U.S. Patent and Trademark Office, Congress must establish clear statutory guardrails, transparency and meaningful judicial review so that questionable patents receive proper scrutiny, say Sean Tu at the University of Alabama, Arti Rai at Duke University and Aaron Kesselheim at Harvard.

  • 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.

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