Public Policy

  • November 02, 2026

    Xbox Buyer's Microsoft Tariff Refund Suit Sent To Arbitration

    A Washington federal judge said Monday that an Xbox buyer must arbitrate his claims that Microsoft unjustly pocketed refunds meant for consumers after the U.S. Supreme Court struck down the Trump administration's global tariff regime, citing an arbitration pact described by the console's packaging and included documents.

  • November 02, 2026

    NJ Parents' Suit Challenging Storing Baby DNA Gets Tossed

    A New Jersey federal judge tossed a proposed class action Friday challenging the Garden State's practice of keeping newborn babies' residual blood spots without parental consent, finding the parents haven't alleged viable Fourth or Fourteenth Amendment claims, in part because the state agreed to destroy the blood spots at issue.

  • November 02, 2026

    DOJ Loses Bid To Revive Voter Roll Checks Ahead Of Election

    A Washington, D.C., federal judge Monday refused to pause her order striking down the U.S. Department of Justice's new policy of collecting states' unredacted voter information to cross-check voter rolls against immigration databases while it appeals her decision.

  • November 02, 2026

    FCC To Vote On Extending Rural Broadband Support Fund

    The Federal Communications Commission wants to extend the Connect America Fund's alternative cost model by another two years instead of letting it sunset at the end of the year.

  • November 02, 2026

    5th Circ. Weighs Law Student's Kirk Comment Discipline

    A Fifth Circuit panel wanted to know what harm a former Texas Tech law student is currently experiencing as she seeks to overturn a disciplinary action related to statements she made allegedly celebrating Charlie Kirk's death, saying Monday the alleged harm seemed "speculative."

  • November 02, 2026

    Feds Blocked From Rushing Childrens' Asylum Proceedings

    A Maryland federal judge has blocked the government from carrying out policies that legal groups allege provide inadequate asylum interview notices for unaccompanied minors and make it harder to reschedule interviews, saying the policies likely flout the law and will irreparably harm the noncitizen children.

  • November 02, 2026

    ICE Says Calif. Detention Facility Meets Improvement Order

    U.S. Immigration and Customs Enforcement urged a California federal judge to reject immigrant detainees' claims that it's failing to abide by a preliminary injunction requiring humane conditions and independent monitoring at a detention facility in the Mojave Desert. 

  • November 02, 2026

    D.C., Virginia Sue To Block Trump's 250-Foot Arch

    Washington, D.C., and Virginia have teamed up in a new bid to stop President Donald Trump's planned 250-foot arch just east of Arlington National Cemetery, claiming in a lawsuit that the project lacks required congressional approval.

  • November 02, 2026

    Teachers Union Sues Ed. Dept. Over Loan Forgiveness Delays

    The American Federation of Teachers and nine borrowers sued the U.S. Department of Education, saying it is illegally blocking forgiveness of federal student loans for individuals who have worked in public service.

  • November 02, 2026

    9th Circ. Won't Extend Block On Venezuela TPS Ruling

    The Ninth Circuit denied the Trump administration's request to block a district court order that stymied its cancellation of a temporary protected status extension for Venezuela and is set to snap back into effect after a U.S. Supreme Court stay of the order expires this week.

  • November 02, 2026

    50 Cos. Object To Listing On OKX Tokenized Stock Venue

    Fifty publicly traded firms including Goldman Sachs, Microsoft and Nvidia have directed the tokenized stock trading venue OKXICE not to list blockchain-based forms of their shares, according to the crypto platform's latest disclosure.

  • November 02, 2026

    Contractor Says SBA Suspension Relied On Deceptive Video

    A tribally owned contractor urged a D.C. federal court to temporarily halt its suspension by the Small Business Administration from government contracting, arguing misconduct allegations against it stem from a "salacious" video published by a far-right influencer wearing a wig.

  • November 02, 2026

    Fuel Groups Say Courts Must Stay Out Of Calif. Waiver Fight

    Groups representing the natural gas and oil industry urged the D.C. Circuit to reverse preliminary injunction rulings over the U.S. Environmental Protection Agency's procedural move sending certain Clean Air Act waivers for California to Congress, arguing that judicial review is barred.

  • 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.

Expert Analysis

  • CFIUS Annual Report Reveals Enforcement Trends

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    The Committee on Foreign Investment in the United States' recently published annual report to Congress shows that it is increasingly focused on nonnotified transactions, mandatory filing compliance, critical technologies and postclosing mitigation enforcement across the full life cycle transactions, say attorneys at Bass Berry.

  • Importer Risk Rises As AI Enters Trade Fraud Enforcement

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    The Trump administration's new data-driven and artificial intelligence-enabled push against tariff evasion raises the stakes for companies with global supply chains, making it crucial that they consider strengthening response protocols, documentation and internal reporting mechanisms, say attorneys at Cooley.

  • What CMS Audit Rule Means For Medicare Advantage Plans

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    Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.

  • Parsing The Latest Signals On FTC Section 5 Enforcement

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    Federal Trade Commission cases brought over the last several years and Commissioner Mark Meador’s recent call for stand-alone Section 5 enforcement suggest businesses should prepare for continued scrutiny of conduct beyond traditional antitrust violations, particularly in essential goods, technology and labor markets, say attorneys at Axinn.

  • Calif. PFAS Pesticide Reporting Law Raises Cos.' Legal Risks

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    A new California law requiring public reporting of how registered pesticides containing intentionally added perfluoroalkyl and polyfluoroalkyl substances are used across the state could increase regulatory scrutiny — and provide a road map for litigation involving growers, applicators, distributors, pesticide manufacturers and upstream chemical suppliers, say attorneys at O'Melveny.

  • What's At Stake As Justices Rethink Sentencing Commentary

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    Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.

  • How A New Case Redefines The Birthright Citizenship Battle

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    After the U.S. Supreme Court's birthright citizenship ruling last term in Trump v. Barbara, the Trump administration issued a new executive order attempting to limit the categories of individuals eligible for this status — and a pending court challenge to the new order shows where the legal battle lines are being redrawn, say attorneys at Fragomen.

  • Why Vaccine Court Inoculates Drugmakers Against Litigation

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    Most claimants alleging injuries from routine childhood vaccines must complete an administrative compensation proceeding before they can sue in civil court — and recent legislative efforts aimed at weakening vaccine manufacturers' legal protections do not account for the important reasons the existing framework was put in place, say attorneys at Goldman Ismail.

  • As Congress Stalls, SEC Hits Go On 'Innovation Exemption'

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    While the U.S. Securities and Exchange Commission's recently issued innovation exemption to facilitate on-chain trading of certain tokenized stocks isn't a replacement for a comprehensive legislative framework, it reduces the likelihood that further congressional delay will freeze market development, says Stephen Aschettino at Fox Rothschild.

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • How To Use AI In Employment Contract Drafting

    Excerpt from Practical Guidance
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    Before using artificial intelligence to draft employment contracts, law firms and employers must assess practical ethical guardrails, appropriate use cases, core risk areas and validation workflows, says Samuel Mitchell at Smith Gambrell.

  • Battles Over Murky Mineral Rights Stymie Pa. Energy Projects

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    Legal wrangling over a recently passed Pennsylvania law could affect billions of dollars of mineral royalty payments, the status of subsurface property rights in the state and the ability of the Legislature to pass retroactive legislation that affects those rights, say attorneys at Flaster Greenberg.

  • NY Severance Rules Persist Despite McLaren Macomb Threat

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    Despite recent calls to overturn the National Labor Relations Board's decision in McLaren Macomb, New York's robust regulation will remain intact, limiting practitioners' ability to offer nonsupervisory employees severance agreements with confidentiality and nondisclosure provisions, says Matthew Berman at Valli Kane.

  • What To Know As State 'Neural Data' Privacy Laws Emerge

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    Attorneys at Goodwin discuss new state laws aimed at regulating consumer data generated from nervous system activity, explain why neurotechnology is attracting state and federal legislators’ attention, and highlight the compliance obligations that industry players should address now.

  • Bank Regulators' New Risk Guidance Offers More Flexibility

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    Newly proposed interagency guidance on banks’ third-party risk management would shift rigid compliance frameworks to a principles-based, risk-proportionate approach, potentially creating new opportunities for bank-fintech partnerships and giving smaller institutions a clearer path to innovation, say attorneys at Davis Wright.

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