Public Policy

  • August 13, 2026

    Fed Shouldn't Have State Banking 'Veto,' High Court Told

    Custodia Bank has received support from a pair of current and former senators and two other digital asset organizations in its fight with the Federal Reserve pending before the U.S. Supreme Court over a "master account."

  • August 13, 2026

    5th Circ. Restores Parts Of Hotly Contested Texas Voter Law

    The Fifth Circuit on Wednesday reversed a lower court ruling that blocked several provisions of Texas' 2021 election law on the grounds they make voting harder for those with disabilities, holding the plaintiffs had failed to establish standing for most of their claims and rejecting the remaining claim on the merits.

  • August 13, 2026

    Supreme Court's Apple App Store Pause Lifted After 24 Hours

    Following the expiration of a roughly 24-hour pause on the App Store dispute between Apple and Epic Games, Apple put a 15% commission on the table Thursday to try to comply with a mandate forcing it to dramatically cut what it charges for App Store sales.

  • August 13, 2026

    CFTC Flags Lapses In Event Contract Filings On Incentives

    U.S. Commodity Futures Trading Commission staff have said they've noticed an uptick in deficiencies in applications for incentive programs on event contracts and have laid out steps it believes exchanges or platforms must fulfill when self-certifying such programs.

  • August 13, 2026

    Del. Water Supplier Sues 9 Cos. Over PFAS

    A Delaware water supplier hit nine companies with a suit in state court alleging that they released forever chemicals into the watersheds that supply water to tens of thousands of residents, seeking to recoup at least $34.6 million for the cost of ensuring safe drinking water.

  • August 13, 2026

    9th Circ. Says U. Of Wash. Is Immune From Vax Firing Suit

    A Ninth Circuit panel declined on Thursday to reinstate former University of Washington employees' claims that they were wrongfully fired after refusing the COVID-19 vaccination on religious grounds, concluding the university qualifies as an arm of the state that cannot be sued for civil rights violations under the relevant federal law.  

  • August 13, 2026

    ICE Again Ordered To Fix 'Inhumane' Adelanto Detention Site

    A California federal judge on Wednesday once again ordered U.S. Immigration and Customs Enforcement to improve conditions at its Adelanto detention facility in the Mojave Desert, pointing to "severe and inhumane deficiencies" in necessities including access to safe food and water and sanitary living conditions.

  • August 13, 2026

    9th Circ. Revives $140M Robo-Surgery Antitrust Case

    The Ninth Circuit on Thursday revived a surgical instrument repair company's antitrust suit accusing the makers of the da Vinci surgical robot of illegally blocking third parties from repairing its instruments, ruling that a district judge erred in applying the U.S. Supreme Court's Kodak factors to the dispute.

  • August 13, 2026

    8th Circ. Partially Revives Iowa Adjuster Law Challenge

    The Eighth Circuit has revived a residential contractor's claim that its First Amendment rights were violated when the Iowa Insurance Division issued warning notices pursuant to the state's public adjuster laws, while affirming that the statutes are not unconstitutional on their face and not void for vagueness.

  • August 13, 2026

    5th Circ. Nixes Fed Approval For Offshore Oil Export Port

    A Fifth Circuit panel overturned a license approval for a deepwater port off Texas, ruling that the Trump administration failed to properly consider how a pipeline serving the offshore crude oil export facility would intersect a pipeline for another approved port.

  • August 13, 2026

    Warehouse Owner Faces Manslaughter Charge In Blast Death

    For the second time, a Michigan warehouse owner on Thursday saw a judge say involuntary manslaughter charges against him should move forward, in a case over a March 2024 explosion where shrapnel struck and killed a 19-year-old man.

  • August 13, 2026

    Wash. Halts Conversion Therapy Ban For Therapist Amid Suit

    Washington state has agreed not to enforce its ban on a practice commonly known as conversion therapy against a therapist while his First Amendment challenge to the prohibition plays out in federal court, according to a stipulation entered Thursday.

  • August 13, 2026

    Kalshi Must Suspend Most Wash. Offerings, Install Geofencing

    A Washington state court judge has blocked Kalshi from offering event contracts to state residents in most of its prediction market categories while the attorney general's legal challenge unfolds, setting deadlines for the platform to institute location-based geofencing, while spurning the company's bid to maintain operations pending appeal.

  • August 13, 2026

    6th Circ. Jails Minnesota Activist Over Anti-ICE Threats

    A self-described "antifa" member from Minneapolis must return to jail on federal charges of cyberstalking and making threats against supporters of U.S. Immigration and Customs Enforcement, with a divided Sixth Circuit panel determining he still poses a threat to the public.

  • August 13, 2026

    DHS Defends Building New ICE Facility In Silicon Valley

    The federal government fired back in California federal court Wednesday against a bid by California and Santa Clara County to block a planned ICE office and temporary holding facility in Silicon Valley, arguing that the project's alleged environmental, health and safety impacts are speculative and unsupported.

  • August 13, 2026

    Sierra Nevada Gets FCC OK For High Frequency Flight Sensor

    The Federal Communications Commission gave the green light to Sierra Nevada Co. LLC's request to operate enhanced flight vision systems in the 92-95.5 gigahertz spectrum band.

  • August 13, 2026

    DOJ's HPE Merger Settlement Approved Over State Objections

    A California federal judge approved a controversial settlement struck by the U.S. Department of Justice to end a case challenging Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, despite concerns from state enforcers about political influence in the settlement process.

  • August 13, 2026

    States Say DOT Illegally Sought 17M CDL Driver Records

    A group of 21 Democratic-led states and the District of Columbia accused the Trump administration on Thursday of illegally pressuring a nonprofit commercial driver database operator to hand over millions of Social Security numbers for immigration enforcement by threatening to cut funding for noncompliance.

  • August 13, 2026

    Vaccine Challengers Slam Connecticut's 'One-Party Rule'

    Challengers to Connecticut's mandatory school vaccination laws have accused political leaders of exercising "one-party rule" over state government, claiming the House speaker, governor and attorney general, who are all Democrats, tweaked or defended state laws specifically to stymie their religious freedom claims.

  • August 13, 2026

    7 States Urge Feds To Reject $85B UP, Norfolk Southern Deal

    Seven state attorneys general are urging the federal Surface Transportation Board to reject the planned $85 billion merger between Union Pacific Corp. and Norfolk Southern Corp., saying the rail giants have not shown how the deal would serve the public interest.

  • August 13, 2026

    Arizona, Tribes Sign Deal To Offset Coal Economy Losses

    Arizona, the Hopi Tribe and the Navajo Nation have signed an agreement that aims to boost economic growth for tribal communities that lost thousands of jobs and millions in revenue after major coal mining companies stopped or scaled back operations in the Four Corners region.

  • August 13, 2026

    Groups Say Shuttered Fla. Detention Center Threatens Wildlife

    Environmental groups have accused wildlife officials of polluting protected land through an immigrant detention center in the Everglades, alleging in an updated complaint filed in Florida federal court that the now-shuttered site continues to threaten endangered species in the area.

  • August 13, 2026

    SEC May Vote To Ease Pay-To-Play Rules This Year

    The U.S. Securities and Exchange Commission has informed the White House that it could soon move forward with plans to loosen the rules around political contributions made by investment advisers, regulations that SEC Chair Paul Atkins has recently called "a trap for the unwary."

  • August 13, 2026

    White House Aims Customs AI Tool At Chinese Tariff Evasion

    The White House identified Thursday over 40 countries from which imports carry a heightened risk of transshipment, an illegal practice of misrepresenting goods entering the U.S. that originate elsewhere such as China, and government officials are working on a new artificial intelligence enforcement tool to address those concerns.

  • August 13, 2026

    CFPB Brass Accused Of 'Sham' Probe Of Union Leader

    The Consumer Financial Protection Bureau is conducting a "sham" investigation into an employee who is active in the staff's union, the union's president said, taking the agency's new leader to task for its probe of the data scientist and National Treasury Employees Union local activist.

Expert Analysis

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Noncompete Laws Show States Focusing On Bans, Healthcare

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    The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

  • What's Inside Proposed, Expanded NY Stablecoin Regulations

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    New York's recently proposed regulations for payment stablecoin issuers would, if adopted, increase the regulatory burdens of a state license, and midsize issuers considering a conversion to a federal charter should weigh the associated costs of both options, say attorneys at Lowenstein Sandler.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • What Corporate Counsel Can Learn From OpenAI Test Breach

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    The significance of the recent artificial intelligence testing breach involving OpenAI and Hugging Face lies in what it reveals about the path of AI’s evolution, because legal professionals must translate that trajectory into actionable governance, contractual and advisory frameworks, says Jason Mueller at Vorys.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • Assessing DOJ Antitrust's New, Faster Merger Review Option

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    The U.S. Justice Department Antitrust Division's recently announced targeted second request option and new model timing signal a commercially friendly stance and a departure from the prior administration's position, say attorneys at Paul Weiss.

  • NRC Proposal May Reshape Radiation Protection Framework

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    The U.S. Nuclear Regulatory Commission’s proposal to drop the long-standing requirement to keep radiation exposure "as low as reasonably achievable," alongside the U.S. Department of Energy's removal of ALARA from its own rules, suggests a broader federal reassessment of radiation protection policy, say attorneys at Womble Bond.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • AG Watch: Minn. Defends Prediction Markets Ban

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    Minnesota Attorney General Keith Ellison has aggressively defended the state's landmark statute banning prediction markets, but the court's July 27 temporary injunction in U.S. v. Minnesota blocking the law from taking effect could set the template for state authority across the country, say attorneys at Crowell & Moring.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USDA, Treasury Moves May Widen Agricultural Deal Scrutiny

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    Two agency actions that identify weaknesses in the government’s foreign investment screening architecture signal a broadening of the Committee on Foreign Investment in the United States’ jurisdiction over agricultural real estate transactions, more demanding beneficial-ownership resolutions and the coming integration of agency disclosure systems, says researcher Robert Green.

  • From Order To Regulation: How EOs Are Reshaping Banking

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    The pattern of regulatory activity emerging in the wake of the Trump administration's first 18 months of executive orders makes clear that financial institutions should treat presidential directives as early warning signs and not wait for final rules to assess the accompanying compliance impact, says Jonathan Kolodziej at Bradley.

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