Public Policy

  • September 01, 2026

    NLRB Urges Full DC Circ. To Respect Its Policy Views

    The National Labor Relations Board urged the full D.C. Circuit on Tuesday to rethink a recent panel decision limiting the court's regard for the agency's legal positions in a vigorous defense of the board's policymaking power after the U.S. Supreme Court scrapped a sweeping deference doctrine.

  • September 01, 2026

    Split 9th Circ. Rejects Biden-Era Entry Rule

    A now-expired Biden-era rule limiting asylum eligibility for noncitizens entering from the southern border ran afoul of the Immigration and Nationality Act, the Ninth Circuit ruled, noting the INA allows noncitizens to seek asylum regardless of how they entered.

  • September 01, 2026

    Machine Guns, Silencers Aren't Protected By 2nd Amendment

    A self-described "alt-right" conservative podcaster cannot have his firearms convictions overturned because a federal law banning machine guns does not violate his Second Amendment rights, the Third Circuit ruled Tuesday.

  • September 01, 2026

    Monthly Merger Review Snapshot

    Paramount Skydance and Warner Bros. Discovery pressured state attorneys general challenging their merger to settle, the Federal Trade Commission successfully challenged a construction adhesives tie-up, state officials waded in against the NextEra-Dominion transaction, and Union Pacific Corp. and Norfolk Southern Corp. defended their combination under review by federal regulators.

  • September 01, 2026

    Congress Approves Bill Delaying Hemp Ban One Month

    The U.S. House of Representatives gave final approval Tuesday to a stopgap spending bill which includes language to delay implementation of a federal ban on products containing hemp-derived THC by one month.

  • September 01, 2026

    3 Things To Know: Texas Judge Halts Abortion Drug Suit

    A Texas federal judge has paused a lawsuit challenging the U.S. Food and Drug Administration's approval of abortion medication mifepristone until after the agency has conducted a safety review of the drug. Law360 Healthcare Authority has what you need to know about that order and the legal landscape.

  • September 01, 2026

    Blumenthal Probes Claims USPS Defied Ballot Mail Orders

    Sen. Richard Blumenthal of Connecticut, the top Democrat on the Senate investigations subcommittee, questioned the postmaster general on Tuesday on claims that the U.S. Postal Service defied a court order by continuing to implement the president's executive order restricting vote-by-mail.

  • September 01, 2026

    Approach The Bench: Judge Rodriguez On The Uses Of AI

    Today, Judge Xavier Rodriguez is known as an expert in electronic discovery and a proponent of artificial intelligence, but his interest was piqued before he joined the bench of the Western District of Texas in 2003, when he was still a lawyer and the methods for sifting through electronically stored information were still primitive.

  • September 01, 2026

    Cozen Affiliate Adds 4 From Closed McDermott Shop

    More former staff members of McDermott Will & Schulte's shuttered healthcare lobbying and consulting shop in Washington, D.C., have landed new roles, with Cozen O'Connor Public Strategies announcing Tuesday it hired a four-person team from there.

  • September 01, 2026

    3 Cos. May Be Dodging Golf Cart Duties, Customs Says

    U.S. Customs and Border Protection believes three golf cart importers may be evading duties on such vehicles and their subassmeblies from China, ordering interim measures at the investigation continues.

  • September 01, 2026

    11th Circ. Rules Qui Tam Provisions Don't Violate Constitution

    The Eleventh Circuit on Tuesday held that the False Claims Act's qui tam provisions do not violate the appointments clause of the U.S. Constitution, maintaining private citizens' ability to sue entities on behalf of the United States for allegedly defrauding the federal government.

  • September 01, 2026

    FCC Tells Justices To Keep Campaign Ad Pricing 'Status Quo'

    The Federal Communications Commission has joined a call for the U.S. Supreme Court to lift a Fourth Circuit order blocking it from extending discounted television and radio advertising rates to committees that buy spots in coordination with political candidates, urging the justices to maintain the "status quo," despite allegedly inconsistent characterizations of the norm. 

  • September 01, 2026

    EPA Grants 29 Small Refiners Renewable Fuel Exemptions

    The U.S. Environmental Protection Agency said it has decided to exempt 29 small refiners from a total of nearly 1.8 billion gallons of renewable fuel blending requirements for the 2025 compliance year.

  • September 01, 2026

    Temporary Tariffs Exceeded Trump's Power, Fed. Circ. Told

    President Donald Trump illegally based his temporary tariffs on the misapplication of a law allowing the president to address balance-of-payment deficits, two businesses told the Federal Circuit, pushing the court to preserve a U.S. Court of International Trade ruling against the tariffs.

  • September 01, 2026

    Ireland Proposes Retail Investment Accounts With Flat Tax

    Ireland wants to create accounts for Irish retail investors with a flat-rate tax on the account value above an exempted threshold, which would simplify the investment tax system compared to current rules, the government said.

  • September 01, 2026

    Conservative Think Tank Seeks TCPA Waiver To Make AI Calls

    Economic think tank The Club for Growth has asked the Federal Communications Commission for Telephone Consumer Protection Act waivers to use artificial intelligence to make noncommercial calls.

  • September 01, 2026

    ICE Says It Will Ditch Detention Site Fought By City

    U.S. Immigration and Customs Enforcement and the U.S. Department of Homeland Security asked a Georgia federal judge to pause a city's suit attempting to block the conversion of an empty warehouse into a 10,000-bed detention center, saying the facility is no longer needed.

  • September 01, 2026

    5th Circ. Judge Hints Court Order With AI Errors Can't Stand

    A Fifth Circuit judge wanted to know why a panel should keep intact a court order blocking an anti-DEI Mississippi law that contained artificial intelligence hallucinations, asking whether the judges could confidently find that made-up citations did not ultimately sway the district court's decision.

  • August 31, 2026

    NY's Landmark Climate Change Superfund Law Blocked

    A New York federal judge Monday held that New York's Climate Change Superfund Act is preempted by federal law and cannot be enforced, saying the Clean Air Act does not authorize the Empire State to roll out its own emissions compensation scheme.

  • August 31, 2026

    AGs, WGA Slam Paramount's Bid For $1.9B Merger Suit Bond

    The Writers Guild of America and Democratic attorneys general urged a California federal judge Monday to reject Paramount Skydance Corp.'s bid to make them put up a $1.9 billion bond, saying it was the studio's idea to pause closing its planned $110 billion purchase of Warner Bros. Discovery.

  • August 31, 2026

    Calif. Passes Bills To Limit Tracking Suits, Boost Privacy

    California lawmakers have sent to the governor's desk legislation that would block private litigants from bringing website tracking lawsuits under a key provision of the state's wiretap law, as well as a separate pair of bills to expand protections under the state's data privacy law. 

  • August 31, 2026

    6th Circ. Splits On Tenn. Social Media Age-Verification Law

    A split Sixth Circuit panel said a lower court should have blocked Tennessee's age-verification law for social media platforms while an internet industry group challenged the statute, finding the group had shown it would be harmed by compliance costs and the loss of free speech liberties.

  • August 31, 2026

    Parler Backers Hijacked Social Media Co. From CEO, Jury Told

    Stakeholders of defunct microblogging app Parler, including hedge fund scion Rebekah Mercer and former deputy FBI director Dan Bongino, allegedly schemed to strip the social app's cofounder of his CEO role and his 40% stake, a Nevada jury heard in opening arguments in a $100 million contract trial Monday.

  • August 31, 2026

    3rd Circ. Says History Backs NJ Telehealth License Rule

    The Third Circuit on Monday upheld New Jersey's requirement that out‑of‑state physicians obtain a state medical license before consulting with in-state patients via telemedicine, concluding that the rule fits a centuries‑old tradition of regulating medical practice and does not trigger strict First Amendment scrutiny.

  • August 31, 2026

    Controversial Tweak To Calif. Antitrust Law Heads To Newsom

    A bill that would expand California's Cartwright Act to allow the state to pursue monopoly and monopsony claims against a solo company, instead of requiring multicompany coordinated conduct, is headed to Gov. Gavin Newsom's desk after state lawmakers passed a narrowed version of the controversial measure Sunday.

Expert Analysis

  • How Axing SEC Trade-Through Rule Could Reshape Markets

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    The proposed elimination of a Securities and Exchange Commission rule that mandates a price benchmark for equity securities trades could allow blockchain-based trades to compete with legacy frameworks in registered markets, potentially serving as a test case for updated regulatory models, say Alex Zozos at Superstate, and Lewis Rinaudo Cohen and Edward Leaf at Cahill Gordon.

  • What Regulatory 'Reputation Risk' Purge Means For Banks

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    Banks should expect closer scrutiny of account closures and service denials after federal regulators recently stripped "reputation risk" from supervisory guidance, and should tie customer decisions to documented, objective legal and financial criteria to protect against debanking-related enforcement, say attorneys at Troutman.

  • Student Loan Revamp Leaves Bankruptcy Untouched

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    Recent changes to the Graduate PLUS student loan program may moderate borrowing and simplify repayment, but they may also shift financial distress into a bankruptcy system whose treatment of educational debt remains largely unchanged, say Jaclynn McDonnell at Stevens & Lee.

  • What 'Good Faith' Means In Calif.'s 1st Climate Reporting Year

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    Initial submissions to California's corporate greenhouse gas emissions reporting program are due this month — and for regulated businesses, the first-year issue is not whether CARB has answered every implementation question, but how a company can make its good faith compliance efforts provable later, says Thierry Montoya at FBT Gibbons.

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • How Home Infusion Providers Can Adapt To Enrollment Pause

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    Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • NYDFS Swedbank Order Offers Lessons On Candor

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    The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • California FAIR Plan Is Outgrowing Last-Resort Role

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    With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

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    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

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    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

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    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

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