Public Policy

  • October 23, 2026

    Ex-DOJ Officials And Judicial Nominees Vie For Office

    Hundreds of candidates are on the ballot in the midterm elections, happening in less than two weeks, and among them are former U.S. Department of Justice officials and unsuccessful judicial nominees.

  • October 23, 2026

    USTR Extends Pause On Chinese Maritime Tariffs, Port Fees

    The U.S. will suspend upcoming port fees on Chinese ships and tariffs on Chinese port cranes and other maritime equipment until January, the Office of the U.S. Trade Representative said in a notice Friday.

  • October 23, 2026

    US Opens Duty Investigations Into Chinese Compounds

    The U.S. Department of Commerce is opening investigations into whether certain chemical compounds imported from China are being sold at less than fair value and are subsidized, the department said Friday.

  • October 23, 2026

    9th Circ. Fast-Tracks Trump Admin's Student Speech Appeal

    The Ninth Circuit granted the Trump administration's request to expedite its appeal of an August district court's ruling in a suit brought by the Stanford Daily newspaper that the federal government effort to deport foreign students over their pro-Palestinian speech is unconstitutional.

  • October 23, 2026

    Lone FCC Democrat Calls E-Rate Sunset Proposal 'Misguided'

    The lone Democrat on the Federal Communications Commission has issued her support for extending The E-Rate Program to provide discounts on eligible connectivity services for schools and libraries during a visit to a New Hampshire school district.

  • October 23, 2026

    Commerce Probing Imported Pizza Boxes For Possible Duties

    Corrugated cardboard boxes of a style typically used for pizza boxes that are imported into the U.S. from Turkey, China and Malaysia are being investigated by the U.S. Department of Commerce for possibly being sold at unfair prices in the U.S., the department said Friday.

  • October 22, 2026

    'Grave Errors': 5th Circ. Boots Judge After AI 'Botch Job'

    A Mississippi federal judge's careless use of artificial intelligence tools led to "sloppy edicts" riddled with "falsehoods and fabrications," the Fifth Circuit held in a Thursday night opinion removing the judge from litigation over an anti-DEI law in the Magnolia State because of his "extraordinarily grave errors."

  • October 22, 2026

    8th Circ. Told EPA Misread Aquifer Rule For SD Uranium Mine

    Opponents of a proposed uranium mine in South Dakota told the Eighth Circuit that the U.S. Environmental Protection Agency did not deserve judicial deference regarding its reasons for exempting an aquifer from Safe Drinking Water Act protections.

  • October 22, 2026

    Feds Ask 9th Circ. To Scrap Migrant Kids' Legal Aid Injunction

    The federal government urged a Ninth Circuit panel on Thursday to let the Trump administration end legal services programs for unaccompanied immigrant minors, arguing the case is a contract dispute the court lacks authority over and the lower court is "micromanaging" the government, which "should end."

  • October 22, 2026

    States Ask DC Circ. To Ban Google From Paying To Be Default

    If the D.C. Circuit doesn't ban Google from paying to be the default search engine on people's cellphones after it was found to have illegally maintained a monopoly, state enforcers say the tech titan will remain "free to buy tomorrow's defaults with the fruits of yesterday's anticompetitive conduct."

  • October 22, 2026

    Judge Advances $60M Deal Over NYC Foreclosure Program

    A Manhattan federal judge has granted preliminary approval to a $60 million settlement resolving claims that New York City stripped property owners of their homes and accumulated equity through a foreclosure program that plaintiffs say disproportionately affected Black and Latino communities, attorneys said Thursday.

  • October 22, 2026

    Conn. Justices Seek To Define 'In Custody' For Habeas Cases

    The Connecticut Supreme Court wrestled Thursday with the definition of the term "in custody" for purposes of habeas jurisdiction, with multiple justices asking the state to clarify when a person's liberty has been restricted enough that a judge can hear his or her claims for relief.

  • October 22, 2026

    DEA Judge Will Not Reopen Marijuana Rescheduling Hearing

    The coalition fighting marijuana legalization won a partial victory after a Drug Enforcement Administration's administrative law judge on Thursday allowed into the record a U.S. Government Accountability Office report the group championed but denied new testimony on it, saying the report "speaks for itself."

  • October 22, 2026

    Feds Say States Can't Use 2025 Order To Block Grant Terms

    Twenty states asking a Rhode Island federal judge to enforce an injunction that blocked federal grant conditions requiring them to cooperate with immigration enforcement activities are improperly trying to expand its scope to rope in new conditions, the Trump administration said.

  • October 22, 2026

    Takeaways From Meta's $25B Data Privacy Trial Loss

    As Meta Platforms Inc. digests Wednesday's $25 billion trial bill for repeatedly misrepresenting its privacy practices to New Mexicans, observers say there are lessons to take away — beyond the fact that it's believed to be the largest commercial verdict in nominal dollars in U.S. history.

  • October 22, 2026

    TPS Applicants Win $660K In Fees Over Work Permit Delays

    A Washington federal judge has awarded Afghanistan and Somali citizens $660,500 in attorney fees after granting the immigrants summary judgment in a class action that challenged the government's refusal to let them work while they awaited their temporary immigration protections.

  • October 22, 2026

    Va. State Senator Accused Of Using Office To Aid Pot Shop

    Democratic Virginia state Sen. L. Louise Lucas was charged in a federal indictment unsealed Thursday with racketeering, money laundering, conspiracy to distribute marijuana and conspiracy to commit wire fraud, accused of running a criminal enterprise through a Portsmouth hemp shop.

  • October 22, 2026

    Judge Halts DHS Voter Probes Over Flawed Citizenship Data

    A California federal judge blocked U.S. Immigration and Customs Enforcement agents from visiting certain homes in nine states to question people about their voter status ahead of the midterm elections, finding that the government relied on flawed data that targeted U.S. citizens.

  • October 22, 2026

    Live Nation Details Woodward, Trump Role In DOJ Deal

    Live Nation Entertainment Inc. has offered new details on the involvement of the White House and senior Justice Department officials in its controversial midtrial settlement Democrats have cast as corrupt, confirming that Associate Attorney General Stanley E. Woodward Jr.'s office was also involved.

  • October 22, 2026

    Fla. High Court Clarifies Proof Rule In ICWA Custody Cases

    The Florida Supreme Court on Thursday upheld a decision terminating a mother's custody of her Native American daughter, ruling in an opinion that lower courts don't have to use an evidence standard under the federal Indian Child Welfare Act in parental rights cases. 

  • October 22, 2026

    Del. AG Alleges Glock Fuels Illegal Machine Gun Violence

    State Attorney General Kathleen Jennings sued Glock Inc. and its Austrian affiliate in the Delaware Chancery Court on Thursday, alleging the gunmaker knowingly sells pistols that can be converted into illegal machine guns with inexpensive devices, fueling gun violence across the state.

  • October 22, 2026

    FTC's Meador Questions 'Reliance' On Hovenkamp Treatise

    Federal Trade Commission member Mark Meador vouched Thursday for an "aggregation" theory of antitrust violations that can combine conduct that may not be anticompetitive individually, in a Houston speech that also took direct aim at a foundational academic treatise of modern competition law.

  • October 22, 2026

    Tribe Says Low Crossings Undercut Border Wall Argument

    The Tohono O'odham Nation is renewing its push for the D.C. Circuit to do what a district judge refused and block border wall construction through its Arizona reservation pending the tribe's appeal, arguing that a brief pause in construction would pose little risk with border crossings at record lows.

  • October 22, 2026

    Dems Seek GAO Review Of $166B Tariff Refund Operation

    Democratic lawmakers serving in the U.S. House and Senate asked for the Government Accountability Office to evaluate Customs and Border Protection's administration of a tariff refund system designed to repay importers the $166 billion in paid duties deemed unlawful earlier this year by the U.S. Supreme Court, according to a Thursday news release.

  • October 22, 2026

    GOP Reps. Seek Probe Of Fla. Judge's Sanctions Order

    Top Republicans on the House Judiciary Committee asked the Judicial Conference Thursday to investigate a Florida federal judge for potential misconduct with an order she issued in the case involving the leak of President Donald Trump's tax returns.

Expert Analysis

  • 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.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

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    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

  • Money Transmission Issue Looms For Prediction Markets

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    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

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