Public Policy

  • November 02, 2026

    More Amicus Briefs Flood NYT, OpenAI Copyright Case

    Actors, writers groups, advocacy organizations, law professors and current and former political leaders weighed in on the OpenAI copyright multidistrict litigation in New York federal court, with some arguing that fair use does not protect the artificial intelligence developer, while others contended that training models on copyrighted works was all above board.

  • November 02, 2026

    HHS Says Wash. Has No Stake In Noncitizen Medicaid Fight

    The U.S. Department of Health and Human Services is fighting Washington state's bid to join a legal challenge to the Trump administration's attempts to withdraw federal Medicaid funding for certain noncitizens receiving supplemental security income, arguing Friday the state has pointed to "speculative downstream effects" of the targeted policy.

  • November 02, 2026

    AI Agents Raise Stakes For Banks As Legal Fights Loom

    As major banks move to keep artificial intelligence agents from accessing customer accounts, financial services attorneys say the growing use of these tools in financial transactions could test the limits of existing consumer protection laws and set the stage for litigation.

  • November 02, 2026

    Justices Probe Late Defense In Ex-Aide's Pregnancy Bias Suit

    The U.S. Supreme Court on Monday closely scrutinized the procedures governing late-raised legal defenses amid a former political aide's fight to reinstate her pregnancy discrimination lawsuit, with some justices hinting that the case should be sent back down for review under a different federal rule set.

  • November 02, 2026

    Maine's Canada Trade Exemption May Ride On Midterms

    The fate of Maine's relief from the trade war between the U.S. and Canada may lie in the balance of Tuesday's midterm election results, a dynamic that shows how trade policy can be influenced by the political winds, experts said.

  • November 02, 2026

    Ferry Cos. Say Mackinac Island Hid Rate-Freeze Facts

    Two Michigan ferry operators asked a federal judge on Friday to compel city of Mackinac Island officials to submit to depositions, accusing the city of blocking access to historical ferry rate data and key interpretations of a franchise agreement.

  • November 02, 2026

    Split Full 9th Circ. Backs Block On ICE Voter Fraud Probe

    A Ninth Circuit majority kept in place Friday a panel's recent ruling refusing to pause an injunction blocking U.S. Immigration and Customs Enforcement agents from carrying out a "surge initiative" to question individuals in nine states about their voter status, while seven judges criticized the panel's opinion in dissent.

  • November 02, 2026

    Carroll Asks High Court To Skip Trump Defamation Appeal

    Writer E. Jean Carroll has asked the U.S. Supreme Court not to hear President Donald Trump's appeal of an $83.3 million jury verdict finding that he defamed her after she accused him of sexual assault, saying Trump waived his presidential immunity argument.

  • November 02, 2026

    FCC Stops Broadcasters' Workforce Diversity Data Collection

    The Federal Communications Commission will once again stop collecting workforce diversity data from the broadcast industry.

  • November 02, 2026

    Monthly Merger Review Snapshot

    The Federal Trade Commission caused a pair of playground equipment makers to abandon their planned merger, Canadian enforcers upended a deal for the Green Giant brand in the country and state attorneys general reached settlements for several regional deals.

  • November 02, 2026

    4 Mass. Rulings You May Have Missed In October

    A nonprofit municipal insurance group is responsible for a portion of a settlement with a man who spent 37 years in prison for a murder he didn't commit, and a biotech startup can continue to pursue trade secrets and breach of contract claims against two former employees and a rival they joined last year, Massachusetts Superior Court judges said in rulings last month. 

  • November 02, 2026

    FCC Grants 1st Router Security Waiver Aimed At Onshoring

    The Federal Communications Commission's staff has granted a partial waiver from its rules restricting the sale of foreign routers in the U.S., saying it's the first exemption for routers based on onshoring jobs as one of the public interest benefits.

  • November 02, 2026

    Groups Urge Justices To Take Up Capital Group ERISA Fight

    Several employee benefits trade groups urged the U.S. Supreme Court Monday to review a Ninth Circuit ruling that refused to force arbitration of a retirement plan dispute against an investment management company, arguing the case could resolve a circuit split on the scope of relief under federal benefits law.

  • November 02, 2026

    Tax Court Denies IRS Bid To Revisit Easement Case Ruling

    The U.S. Tax Court said Monday it won't reconsider a September opinion finding a partnership's petition was filed late because of circumstances beyond its control, saying the court has already addressed the IRS' arguments that it improperly excused the lateness of the conservation easement suit.

  • November 02, 2026

    NTSB Defeats Ex-Member's Race Bias Suit Over Removal

    A D.C. federal judge shut down a former National Transportation Safety Board member's lawsuit alleging he was unlawfully removed by President Donald Trump because he's Black, pointing to the U.S. Supreme Court's June decision concluding that presidents have unlimited authority to fire members of independent agencies.

  • November 02, 2026

    DC Circ. Questions Lack Of Carbon Plan For Gas Terminal

    Judges on the D.C. Circuit on Monday pressed attorneys for the Federal Energy Regulatory Commission and the company behind a natural gas export terminal and pipeline in South Texas on why they walked away from a connected proposal for carbon sequestration near the project without explanation.

  • November 02, 2026

    Judge Orders Chicago US Atty To Testify In Misconduct Probe

    An Illinois federal judge has ordered Chicago's top federal prosecutor and three assistant U.S. attorneys to testify under oath about potentially false statements made to her in a now-dismissed criminal conspiracy case against anti-ICE protesters, saying Monday that the government's shifting explanations about communications with DOJ leadership suggest prosecutors misled the court about outside involvement in the prosecution.

  • November 02, 2026

    XAI Fails To Dodge Miss. NAACP Pollution Suit

    A Mississippi federal judge denied X.AI Corp.'s bid to dismiss an NAACP citizen suit alleging that the company has unlawfully installed and operated dozens of polluting natural gas-fired turbines to power its Colossus 2 data center.

  • November 02, 2026

    IRS Donor Reporting Rule Violates 1st Amendment, Court Told

    The IRS' nonprofit donor disclosure rule violates organizations' and donors' First Amendment rights, a privacy group told a D.C. federal court, saying the rule is subject to a heightened level of judicial scrutiny that the government cannot overcome.

  • November 02, 2026

    Judge Tosses DOJ's Harvard Admissions Data Suit For Now

    A federal judge Monday threw out a lawsuit alleging Harvard University is withholding admissions data from the Trump administration, finding the government failed to take certain required steps before hauling the school into court.

  • November 02, 2026

    Trump To Remove Rwanda, South Africa From Trade Deal

    President Donald Trump intends to remove Rwanda and South Africa from a trade preference program for African countries, according to a statement released by the Office of the U.S. Trade Representative on Monday.

  • November 02, 2026

    Reform But Don't Gut FCC Subsidies, Rural Telecoms Say

    Rural telecom providers say the Universal Service Fund needs reforms to run more smoothly, but they cautioned the Federal Communications Commission against structural changes that could disrupt the program.

  • November 02, 2026

    5th Circ. Skeptical Chinese Citizens Have Right To Texas Land

    A Fifth Circuit panel wants to know if Chinese citizens who wish to purchase property in Texas are arguing that everyone in the world has a constitutional right to do so, asking Monday if people globally "have the right to be treated as U.S. citizens for purposes of purchasing property in Texas."

  • November 02, 2026

    BigLaw Attys Step Up To Help Voters In Midterm Elections

    Attorneys from several BigLaw firms are volunteering across the country to make sure voters don't run into problems casting their ballots or having those ballots counted in Tuesday's midterm elections.

  • November 02, 2026

    'Our Bad': Feds' First Step Act Argument Surprises Justices

    Some U.S. Supreme Court justices considering a First Step Act case Monday appeared caught off guard by a government lawyer's argument that the defendant's impending release from prison renders the appeal moot.

Expert Analysis

  • IRS Notice Helps Bridge Carbon Capture Reporting Gap

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    Recent guidance that extends a safe harbor for taxpayers claiming Section 45Q carbon capture credits provides a temporary reporting method that may keep viable projects moving while the U.S. Department of the Treasury and the Environmental Protection Agency address future reporting standards, says Peter Lowy at Nelson Mullins.

  • How GCs Can Assess The Risks Of Emerging AI Laws

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    Amid a swirl of momentous legislative activity aimed at regulating artificial intelligence, general counsel must return to first principles when determining whether new laws will apply and whether the company’s use could cause regulators to subject it to additional regulation, say attorneys at WilmerHale.

  • Illinois Domestic Violence Law Expands Employer Obligations

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    With a new Illinois law expanding domestic violence protections by redefining harassment for the digital age and making protective orders more accessible, employers should review their policies and training programs as they will likely encounter more orders and a wider range of workplace restrictions, say attorneys at Nixon Peabody.

  • What State AI Election Laws Mean For The 2026 Midterms

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    In the absence of federal rules governing artificial intelligence in elections and no consensus emerging across state laws, campaigns, their vendors and AI developers must address the risks associated with outdated rules written for other problems, says Matthew Shapanka at Covington.

  • Why Pa. Push For Brownfield Renewables May Not Be Enough

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    A recent executive order from Pennsylvania Gov. Josh Shapiro directed state regulators to expedite siting of clean energy development on former industrial sites — but additional reforms may be needed to effectively eliminate barriers to these types of projects, says Louis Dodge at Langsam Stevens.

  • Draft Biosolids Guidance Illuminates EPA's Approach To PFAS

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    Recent draft guidance from the U.S. Environmental Protection Agency on mitigating risks from two "forever chemicals" in sewage sludge is not legally binding, but its recommendations may help wastewater treatment plants operators, landowners, farmers, water agencies and the public understand the agency's current thinking, says Ayodeji Ayolola at Gordon Rees.

  • 4 Words In A 1980 Law Could Redraw Bank Lending

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    The Tenth Circuit's interpretation of a single phrase in the Depository Institutions Deregulation and Monetary Control Act could reshape interstate bank lending, requiring banks and fintechs to document loan-making functions, monitor repayment triggers, and reassess true lender and contractual risks, say attorneys at Sheppard.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • Responding To State Packaging Law Uncertainty

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    As states roll out new packaging and recycling mandates, companies face expanding compliance duties and a growing wave of constitutional challenges that offer key lessons for managing regulatory risk, say attorneys at Crowell & Moring.

  • CMS Rule, DOJ Probes Deepen Gender Care Compliance Risk

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    The Centers for Medicare & Medicaid Services' final rule restricting Medicaid funding for hospitals that provide gender-affirming care is likely to face immediate litigation, but the CMS rulemaking is already working alongside U.S. Department of Justice's enforcement campaign to create operational risk for providers, say attorneys at Arnall Golden.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

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    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

  • How Trucking Cos. Can Tackle Risk From New DOJ Task Force

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    Trucking companies should audit their drivers’ credentials and address risk areas lest they attract the attention of the new Justice Department-led task force against the fraudulent licensing of immigrants as commercial truckers, which is turning former questions of administrative or regulatory noncompliance into matters for federal prosecution, say attorneys at RJO.

  • What To Expect From Colorado's New Artist Co. Structure

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    Colorado's newly established class of artist companies, or A-Corps, provides a useful structure for small-scale ventures, but challenges could arise for more complex business plans, and limitations on investor participation may limit widespread adoption, say attorneys at Armstrong Teasdale.

  • 2 Cases Shed Light On Invoking The 5th Before Congress

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    Given the anticipated increase in congressional investigations following the midterm elections, those who anticipate being in Congress' spotlight can draw valuable Fifth Amendment lessons from the ongoing case involving Dr. Anthony Fauci's testimony and the D.C. Circuit’s recent ruling in de la Torre v. Cassidy, say attorneys at King & Spalding.

  • AG Watch: Oregon Targets Consumer Costs

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    Oregon Attorney General Dan Rayfield's challenges to bank interest rate and escrow preemption signal heightened scrutiny of consumer costs for lending services, requiring financial institutions serving Oregon and other states with opt-out laws to reassess compliance risk, says Keturah Taylor at Cozen O'Connor.

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