Public Policy

  • May 05, 2026

    7th Circ. Panel Split On Due Process For Ill. ICE Detainees

    A split Seventh Circuit panel on Tuesday rejected the Trump administration's argument that immigrants unlawfully in the United States have no due process rights, though every member of the panel had a different take on the issue.

  • May 05, 2026

    DC Circ. Judge Jabs Pharma Atty For 10 Minutes In Price Fight

    The first D.C. Circuit showdown in widespread drug pricing litigation Tuesday appeared unlikely to deliver a badly needed win to the pharmaceutical industry, as a top manufacturer's attorney faced a cool reception generally and an extended barrage of skepticism from one judge.

  • May 05, 2026

    Musk Sought Control Of OpenAI To Fund Mars City, Jury Told

    OpenAI President Greg Brockman defended OpenAI's for-profit conversion during a California federal jury trial Tuesday and accused Elon Musk of demanding "unilateral absolute control" over OpenAI to fund his plans for a city on Mars, while acknowledging under examination that Musk proposed his stake would "change quickly" with additional investors.

  • May 05, 2026

    DOJ Atty Faces Possible Discipline Over DHS 'Lack Of Candor'

    A Rhode Island federal judge, whom the U.S. Department of Homeland Security criticized for releasing a noncitizen with an alleged overseas warrant for homicide, on Tuesday said she is referring an assistant U.S. attorney for disciplinary proceedings for not disclosing the warrant to her beforehand.

  • May 05, 2026

    Exelon Shareholders Fight Objectors' Fee Bid On Bribery Deal

    Exelon shareholders seeking an Illinois federal judge's approval on a derivative settlement addressing subsidiary Commonwealth Edison's legislative bribery scheme argued Tuesday that shareholders who've opposed the deal should not receive attorney fees because their three-year fight against approval has not substantially benefited the litigation.

  • May 05, 2026

    Meta Should Have Warning Label, NM Witness Says

    New Mexico unveiled further details of safeguards it says a court should impose on Meta in a $3.7 billion bench trial, calling an expert witness Tuesday who said displaying a warning pop-up to minors is an idea that's backed by the former surgeon general and desperately needed.

  • May 05, 2026

    Feds Urge DC Circ. To Undo Iraqi, Afghan Visa Class Cert.

    The Trump administration has asked the D.C. Circuit to undo class certification for thousands of Afghan and Iraqi citizens seeking special immigrant visas after aiding U.S. forces overseas, as well as a revised plan to tackle a backlog of their delayed applications.

  • May 05, 2026

    Worker Fights 2nd Circ.'s Toss Of Teamsters Fund ERISA Suit

    The U.S. Supreme Court should revive claims that the New York State Teamsters Conference Pension and Retirement Fund was mismanaged, a Teamsters-represented worker argued, asking the justices to breathe new life into his twice-dismissed Employee Retirement Income Security Act lawsuit.

  • May 05, 2026

    Judge Blocks Arizona From Policing Prediction Markets

    A Phoenix federal judge on Tuesday barred Arizona officials from enforcing state gambling laws against federally regulated prediction market platforms in an order finding that the federal government is likely to succeed on claims that the event contracts at issue are swaps beyond the reach of state regulators.

  • May 05, 2026

    Wash. Panel Revives GLP-1 Health Plan Coverage Fight

    A Washington state appeals court revived a proposed class action by state employees alleging their benefit plan discriminatorily barred health coverage for GLP-1 medications treating obesity, finding a lower court should have allowed the case to proceed to discovery.

  • May 05, 2026

    Demand Boom May Deepen FERC's Power-Market Scrutiny

    Recent Federal Energy Regulatory Commission enforcement orders highlight the agency's focus on whether electricity market participants are delivering the power and services they've promised, and attorneys say data center-fueled increases in U.S. power demand may further intensify FERC's scrutiny.

  • May 05, 2026

    Bittrex Seeks To Undo $24M Judgment After SEC Crypto Pivot

    Bankrupt cryptocurrency exchange Bittrex urged a Seattle federal judge to toss a $24 million judgment entered as part of a 2023 settlement with the U.S. Securities and Exchange Commission, arguing that the agency has since done an "about-face" on crypto and abandoned its position that digital tokens are securities.

  • May 05, 2026

    Connecticut Mother Says State Owes $5M For Death Of Infant

    The state of Connecticut is liable for the wrongful death of a 7-month-old boy thrown by his father from a Middletown bridge into the Connecticut River, the infant's estate and mother argued at a bench trial on Tuesday in Waterbury Superior Court after seeking at least $5 million in damages last year.

  • May 05, 2026

    Mylan Strikes $4.5M Deal With Maryland Over EpiPen Pricing

    Mylan Pharmaceuticals will pay $4.5 million to resolve allegations by the state of Maryland that Mylan acted anticompetitively when it ratcheted up costs of its portable auto-injectable EpiPen device that's used during life-threatening allergic reaction episodes, according to a recent announcement.

  • May 05, 2026

    Ocean Carrier Says FMC's In-House Court, $45M Award Illegal

    An ocean carrier asked a Texas federal judge Tuesday to freeze Federal Maritime Commission cases against it and vacate a $45 million initial decision issued in one of them, arguing that the agency's in-house adjudication process is unconstitutional.

  • May 05, 2026

    9th Circ. Renews Biz Nuisance Claim Over Seattle BLM Protest

    A Ninth Circuit panel partly revived a Korean restaurant and apartment complex owner's lawsuit accusing Seattle of abandoning several city blocks during the 2020 Black Lives Matter protests, ruling Tuesday that the businesses can potentially advance nuisance claims by arguing for the suspension of the statute of limitations.

  • May 05, 2026

    FCC Asks DC Circ. To End Nexstar-Tegna Merger Challenges

    The Federal Communications Commission is calling on the D.C. Circuit to dismiss challenges to its approval of the Nexstar-Tegna deal outright, arguing that the appeals court lacks jurisdiction because approval came from its Media Bureau staff rather than the full commission, and thus wasn't a final agency action.

  • May 05, 2026

    Permits Will Lead To Red Snapper 'Overfishing,' Groups Say

    Federal permits exempting recreational anglers in Florida and three other southeastern states from annual red snapper catch limits will lead to "overfishing" in the South Atlantic, commercial fishing groups and businesses alleged in a lawsuit filed on Tuesday in D.C. federal court.

  • May 05, 2026

    1st Circ. Sees Role As Limited In Trans Passport Fight

    A First Circuit panel on Tuesday told attorneys for both the government and a class of transgender and nonbinary people that because the class has asked to vacate a preliminary order blocking a Trump administration policy requiring that passports bear a person's sex assigned at birth, the court no longer has authority to issue an opinion.

  • May 05, 2026

    Judges' Orders Force ICE Plane To Turn Family Around Midflight

    Attorneys for the ex-wife and children of an Egyptian man accused of attacking pro-Israel demonstrators in Boulder, Colorado, said Tuesday the Trump administration tried to deport them in violation of a court order, but turned the removal flight back following fresh court intervention.

  • May 05, 2026

    Ligado Satellite Plans Spur New Challenge To FCC Order

    A coalition opposed to the Federal Communications Commission approval six years ago of Ligado's plans for a terrestrial network is calling on the White House and Congress to block the network company's new plan to launch a 96-satellite constellation.

  • May 05, 2026

    Democrat Calls Squires' Board Of Peace Answers 'Incoherent'

    The ranking Democrat on the House Judiciary Committee on Tuesday had more probing questions for U.S. Patent and Trademark Office Director John Squires about his decision to file trademark applications for U.S. President Donald Trump's "Board of Peace," telling Squires that his answers under oath at a March oversight hearing were "incoherent."

  • May 05, 2026

    Ex-Miami Official Accused Of Misusing Funds Settles Suit

    Two former Miami city employees have settled their whistleblower suit accusing former City Commissioner Joe Carollo of ousting them for exposing misuse of public funds meant to manage parks that were instead used to pay for his political ventures and personal expenses, according to a notice filed in Florida federal court on Tuesday.

  • May 05, 2026

    Utah Judge Won't Block Kratom-Kava Product Sales Ban

    A Utah federal judge on Tuesday refused to block a new state law banning sales of psychoactive products derived from the kratom leaf the day before the law takes effect, finding that the new restrictions aren't barred by federal law.

  • May 05, 2026

    2nd Circ. Says NY Escrow Interest Law Is Preempted, Again

    The Second Circuit ruled Tuesday that national banks are exempt from a New York law that requires interest to be paid on mortgage escrow accounts, handing a key victory to Bank of America NA in closely watched litigation testing the limits of states' banking regulatory authority.

Expert Analysis

  • 1st AI Acquisition Regulation Raises Contractor Concerns

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    The General Services Administration’s recently published contract clause addressing artificial intelligence systems is problematic in a number of ways, underscoring the complex legal and practical issues that will need to be addressed as AI becomes more widely deployed in federal contracting, say attorneys at Haynes Boone.

  • DOJ Actions Suggest Expansion Of Healthcare Enforcement

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    Recent actions by the U.S. Department of Justice and U.S. Food and Drug Administration suggest that federal healthcare enforcement efforts are moving away from traditional program-based fraud and toward cases centered on product integrity, regulatory transparency and telehealth marketing, effectively widening the government's enforcement playbook, say attorneys at MoFo.

  • 8 Tariff Refund Questions For Restructuring Professionals

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    For restructuring and turnaround professionals, seeking refunds following the U.S. Supreme Court's recent decision invalidating tariffs imposed under the International Emergency Economic Powers Act raises several questions about how to capture legitimate recoveries while protecting an enterprise from the consequences of its own history, says Jonny Frank and Laura Greenman at StoneTurn, and Andrew Popescu at Province.

  • Defense Deals Can Trigger Extra HSR Filing With The DOD

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    Certain aerospace, defense and national security M&A transactions will require a concurrent Hart-Scott-Rodino Act filing to the U.S. Department of Defense, and practice tips for navigating this extra filing include early analysis of competitive implications of sector deals and planning for concurrent filings, say attorneys at White & Case.

  • Navigating Life Sciences Deals Amid Heightened Scrutiny

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    With pricing reform initiatives, national security legislation and evolving trade policy currently contributing to meaningful uncertainty for life sciences companies, it is important to proactively structure deals to avoid downstream complications, say attorneys at Cooley.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • NY Bill Elevates Criminal Risk For 'Shadow' Crypto Firms

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    New York's proposed CRYPTO Act would expose unlicensed digital asset operators to criminal penalties ranging from state misdemeanor charges to felony convictions, potentially marking a significant shift in how New York — already among the most aggressive crypto regulators — oversees virtual currency businesses, say attorneys at Crowell & Moring.

  • Opinion

    AVOID Act Creates 3rd-Party Litigation Risks For Transpo Cos.

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    New York's Avoiding Vexatious Overuse of Impleading to Delay Act, which takes effect next month, will require new risk management strategies from transportation companies as it attempts to drastically change the scope of third-party litigation while failing to address practical realities of civil disputes, says Steven Saal at Lucosky Brookman.

  • Nippon Case Illustrates Challenges Of Proving Antitrust Injury

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    A recent California federal court decision dismissing challenges to Nippon Steel's purchase of U.S. Steel underscores the longtime antitrust precedent that while the limitations of injury are critical for defendants sued under U.S. antitrust laws, showing that the harm is real is the key, says Cameron Regnery at Freeman Mathis.

  • New Orphan Drug Law Provides A Key Fix For Pharma Cos.

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    The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.

  • Stablecoin Yield Reform Raises Stakes For Community Banks

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    Risks for community banks are heightened by the Clarity and Genius Acts, which establish stablecoin market parameters and may lead to traditional bank fund withdrawals in the long term, but a recent Senate amendment to the former bill could prevent deposit runoff, says Thomas Walker at Jones Walker.

  • How Iran War Might Reshape Proxy Contests This Year

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    The Iran war may function as a short-term poison pill for proxy contests, not because it strengthens corporate defenses, but because it increases the risks associated with activist commitments, say attorneys at Sidley.

  • Opinion

    PTAB Needs Reform To Protect Inventors From Larger Cos.

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    The Promoting and Respecting Economically Vital American Innovation Leadership Act is necessary because it will impose additional requirements on patent validity challenges and prevent large corporations from taking advantage of the Patent Trial and Appeal Board to overwhelm small inventors with repeated litigation, says Eb Bright at ExploraMed Development.

  • What To Watch At The 2026 ABA Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition among developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • FDA User Fee Talks Offer Clues On Upcoming Reforms

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    As the U.S. Food and Drug Administration undergoes the User Fee Act reauthorization process and renegotiates its user fee agreements over the next several months, the agency's consultation meetings with relevant industries can shed light on the FDA's priorities, and provides stakeholders an opportunity to participate in the reform process, say attorneys at Holland & Knight.

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