Public Policy

  • August 05, 2026

    NJ Justices Nix Extra COVID Pay For School Custodians

    The New Jersey Supreme Court ruled Wednesday that a state law passed during the COVID-19 pandemic properly barred school custodians from claiming extra emergency pay under their collective bargaining agreement, finding that the law required employees to be treated as if schools had stayed open.

  • August 04, 2026

    5th Circ. Confronts Intervention Row In Prairie-Chicken Suit

    A Fifth Circuit panel appeared skeptical of a U.S. government attorney's assertion that an environmental advocacy group waited too long to enter a lawsuit to contest the Trump administration's decision to scrap an endangered species listing for the lesser prairie-chicken.

  • August 04, 2026

    Alibaba Investor Says E-Com Giant Hid China Military, AI Risks

    Chinese e-commerce company Alibaba was hit Tuesday with a suit accusing it of misleading shareholders about both its status as a Chinese military company in the eyes of the U.S. government and about its allegedly ongoing illicit activity tied to accessing third-party artificial intelligence models.

  • August 04, 2026

    Wyden Presses States To Tackle Data Privacy Law Evasion

    Sen. Ron Wyden, D-Ore., has asked a handful of state regulators to issue clear guidance on their data privacy laws and band together and go after companies that are selectively ignoring consumers' requests to opt out of the sale of their data.

  • August 04, 2026

    AGs Can't Yet Get Discovery Into Live Nation's DOJ Deal

    A New York federal judge on Tuesday rejected a request by some state attorneys general for discovery into the Justice Department's antitrust settlement reached midtrial with Live Nation, ruling that the scope of the request is "unclear" but the AGs can try again with "narrow and targeted requests."

  • August 04, 2026

    US Beekeepers Say USDA Mislabels 'Organic' Foreign Honey

    Federal regulations wrongly allow foreign honey producers to describe their products as "organic" while at the same time barring large-scale production of organic honey domestically, a group of commercial beekeepers claimed Monday in a lawsuit against the U.S. Department of Agriculture.

  • August 04, 2026

    DOJ Calls Connecticut ICE Law 'Blantantly Unconstitutional'

    The U.S. Department of Justice pushed back against Connecticut's bid to toss the federal government's legal challenge to a state law subjecting in-custody deaths to state oversight, requiring federal agents to wear identifying badges, and banning law enforcement officers from wearing facemasks, calling the act "blatantly unconstitutional."

  • August 04, 2026

    5th Circ. Hints Texas App Age-Check Law Needs More Review

    A Fifth Circuit panel wanted to know whether the lower court should have gone "provision by provision" before halting a Texas law that requires app store owners to block minors from downloading apps without parental consent, suggesting the lower court needed to do more while weighing the legislation's constitutionality.

  • August 04, 2026

    States Warn SEC Against 'Unlawful' Climate Rule Withdrawal

    A coalition of Democratic attorneys general are warning the U.S. Securities and Exchange Commission that its plan to discard a corporate climate disclosure regulation is "unlawful," adding their voices to a chorus of state and local pension funds urging the agency to abandon the planned regulatory withdrawal.

  • August 04, 2026

    Google Accused Of Antitrust Behavior In Ad Tech Practices

    A rival technology company has accused Google of violating antitrust law by restricting competition in digital advertising markets.

  • August 04, 2026

    3rd Circ. Won't Give Ex-Olympus Exec Another Go At FCA Suit

    The Third Circuit has declined to revive a whistleblower suit by Olympus Corp.'s former employee who claimed he was fired after reporting FDA regulatory violations, ruling Tuesday that he failed to state a retaliation claim under the False Claims Act since he didn't link his concerns to a reasonable belief that Olympus defrauded the government.

  • August 04, 2026

    DC Circ. Says Feds' $629M Settlement Belongs In Terror Fund

    The federal government must deposit $629 million earned from settled bank fraud and sanctions violation charges against a tobacco company into a fund supporting victims of state-sponsored terror, the D.C. Circuit ruled Tuesday, favoring two victims of terror attacks in Lebanon.

  • August 04, 2026

    OpenAI To Pay $3.2M In DOJ Visa Worker Bias Settlement

    OpenAI and its subsidiary will pay $3.2 million to settle allegations from the U.S. Department of Justice's Civil Rights Division that the technology giant discriminated against U.S. workers in favor of workers with temporary employment visas in violation of the Immigration and Nationality Act, the DOJ announced Tuesday.

  • August 04, 2026

    Paramount-Warner Merger Challenges Get March 2027 Trial

    The California federal judge overseeing challenges of Paramount Skydance Corp.'s planned $110 billion purchase of Warner Bros. Discovery set a trial date for March 2027.

  • August 04, 2026

    5th Circ. Revives Penske Vicarious Liability Suit

    The Fifth Circuit Tuesday revived a lawsuit alleging trucking services giant Penske Logistics LLC and its freight broker affiliate Penske Transportation Management LLC are vicariously liable for a fatal 2018 Texas collision, after the U.S. Supreme Court's recent Montgomery ruling reshaped brokers' liability exposure.

  • August 04, 2026

    Colo. Judge Tosses DOJ's Suit Seeking State Voter Data

    A Colorado federal judge has ruled the Trump administration can't force Colorado Secretary of State Jena Griswold to hand over an unredacted copy of the state's voter registration list, after finding the government has no right to the records under the Civil Rights Act.

  • August 04, 2026

    DC Circ. Upholds Injunction Forcing EPA To Fund Clean Energy

    A split D.C. Circuit affirmed a lower court decision blocking the Trump administration from freezing $20 billion in clean-energy grant money Tuesday, overturning a divided circuit panel decision from September that vacated the injunction and would have allowed the administration to claw back the funding.

  • August 04, 2026

    Tech Cos. Say FCC Must Keep Unlicensed Device Framework

    The FCC plans to vote later this week to open up 200 megahertz of unlicensed spectrum for satellite use, but Broadcom Inc., Intel Corp. and Cisco Systems Inc. think there are a few ways the agency could better "emphasize" its point that the current spectrum framework shouldn't be undermined.

  • August 04, 2026

    5th Circ. Weighs KKK Act For 'Trump Train' Driver

    A Fifth Circuit judge wanted to know why the Ku Klux Klan Act should apply to a member of the "Trump Train" convoy who collided with a campaign vehicle in 2020, questioning Tuesday whether supporters of then-presidential nominee Joe Biden fell under the law's description.

  • August 04, 2026

    Search Rival, Advocates Back DOJ Against Google In DC Circ.

    Academics, policy experts, advocacy groups and several rivals lent their voices Tuesday to the U.S. Department of Justice's defense of its monopolization win over Google, while urging the D.C. Circuit to strengthen the "relatively modest remedies" they say leave Google able to dominate both search and artificial intelligence.

  • August 04, 2026

    NYC Extends Deadline For Pied-À-Terre Tax Exemptions

    New York City Mayor Zohran Mamdani has extended the deadline for applying for exemptions from a "pied-à-terre" tax on second NYC homes that the city values at $1 million or more, setting the new deadline as Sept. 18.

  • August 04, 2026

    Texas Hemp Suit Says Federal Law Preempts State Policy

    A trio of hemp interests have brought a new federal lawsuit against Texas officials challenging the constitutionality of new state-led restrictions redesignating intoxicating hemp products as Schedule I substances.

  • August 04, 2026

    Full 11th Circ. Says Fla. Can Enforce Drag Show Law

    A full panel of Eleventh Circuit judges on Tuesday handed a win to Florida and issued a split opinion vacating an order halting enforcement of a state law prohibiting children at drag shows, finding it wasn't unconstitutionally vague and that the lower court lacked authority to issue a broad injunction.

  • August 04, 2026

    States Sue Trump Admin Over Aid Recipients' Data Disclosure

    New York, Illinois and 20 other states sued the Trump administration Monday to block a new policy that would authorize the disclosure of sensitive personal information, including Social Security numbers and immigration status, of their residents receiving temporary financial assistance.

  • August 04, 2026

    Fla. AG Requests Impeachment Probe Into 11th Circ. Judge

    Florida's Attorney General said Monday he is asking Congress to open an impeachment inquiry into U.S. Circuit Judge Nancy Abudu because of work she did before ascending to the Eleventh Circuit bench for the Southern Poverty Law Center.

Expert Analysis

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How Maine's Expanded Health Deal Reviews Complicate M&A

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    A pair of recently approved Maine competition laws establish notice and approval requirements for certain healthcare transactions and expand state antitrust oversight, creating new hurdles for dealmakers as states take a more aggressive role in policing healthcare consolidation, especially involving private equity, say attorneys at McDermott.

  • Opinion

    Congress Must Resolve Growing Subchapter V Uncertainty

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    Congress must pass a bill to permanently restore the Subchapter V debt limit and clarify several other key points of the law to prevent a practical restructuring tool from becoming a costly procedural morass, says Ted Gavin at Gavin Solmonese.

  • CFTC Policy Substantially Expands Self-Reporting Incentives

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    A recent U.S. Commodity Futures Trading Commission policy moves from a mitigation-centered model to prioritizing declination for early self-reporting and full cooperation, reflecting a deliberate effort to harmonize voluntary self-disclosure incentives across the federal enforcement authorities, say attorneys at Sullivan & Cromwell.

  • Opinion

    Exxon Shareholders Were Right To Save New Voting Program

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    Following Exxon shareholders’ recent vote that rejected a bid to dismantle the company’s new retail voting program, other companies should replicate it as a way to lower the friction for shareholders who already vote with the board to keep doing so without wrestling a ballot every spring, says J.W. Verret at the Antonin Scalia Law School.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • What Ratings Overhaul May Mean For Banking Industry

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    Proposed revisions to the bank rating system commonly known as CAMELS could constrain examiner discretion and tie supervisory outcomes more closely to measurable financial risk, potentially saving compliance costs, reducing the frequency of ratings downgrades and spurring a more growth-oriented banking system, say attorneys at Debevoise.

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q2

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    The last three months were particularly consequential for Illinois banking law, with a federal court ruling reshaping the Interchange Fee Prohibition Act, the state filling enforcement gaps, significant legislative activity and a revision to the community bank leverage ratio, say attorneys at Riley Safer.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Md. Ruling Reflects Classic Administrative Law Principle

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    A Maryland federal court's recent decision in Columbus v. Kennedy significantly limits how far the Centers for Medicare & Medicaid Services can go in reshaping the Affordable Care Act through regulation, highlighting a principle that will likely be applied in similar Administrative Procedure Act challenges, says Michael King at Brownstein Hyatt.

  • DOJ China Container Indictments Signal Global Cartel Risk

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    The U.S. Department of Justice's recent announcement that it had indicted Chinese manufacturers for conspiring to drive up the price of shipping containers sold in the U.S. illustrates the Antitrust Division's interest in pursuing overseas cartel conduct, especially in China, signaling that multinational companies with employees abroad should strengthen antitrust compliance to avoid running afoul of U.S. national security policy, say attorneys at Squire Patton.

  • More Cos. Will Copy SpaceX's Shareholder Proposal Opt-Out

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    For more than 80 years, the shareholder proposal looked like a federal right guaranteed to all public company investors, but after SpaceX opted out before its recent initial public offering, other companies are likely to follow, says Mohsen Manesh at the University of Oregon School of Law.

  • How DOJ Is Approaching Monitorship After Signaling Limits

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    As the U.S. Department of Justice keeps more monitors in place than expected, a look at the matters in which prosecutors are maintaining oversight reveals the sort of companies enforcers might trust to self-remediate, and also those that may receive independent supervision, say attorneys at Kendall Brill.

  • Opinion

    DHS' World Cup Influencer Warning Overreads Visa Law

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    The U.S. Department of Homeland Security’s reported position that foreign influencers covering the 2026 World Cup need work visas if their content is monetized runs contrary to both legislative intent and long-standing precedent that structure the visa inquiry around labor market substitution, says Jun Li at Reid & Wise.

  • 3 Steps For Banks As Section 1071 Rule Finally Becomes Final

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    Some community banks and other lenders will get some breathing room in the final Section 1071 rule exempting them from small business lending reporting duties, but other reporting institutions should update applications, systems and staff training ahead of the 2028 compliance date, says Memrie Fortenberry at Jones Walker.

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