Public Policy

  • October 29, 2026

    House Bill Would Increase Oversight Of Antitrust Settlements

    Rep. Jamie Raskin, D-Md., introduced proposed legislation Thursday that would increase court scrutiny of antitrust settlements reached by federal enforcers, with the lawmaker saying more oversight is needed after the White House's involvement in recent cases.

  • October 29, 2026

    Squires Grants 4 Patent Review Bids In Latest Bulk Order

    U.S. Patent and Trademark Office Director John Squires has greenlighted four new petitions seeking review of patents in his latest round of decisions, while turning down one on discretionary grounds.

  • October 29, 2026

    Judge Seems Unswayed By Fears SEC Seeks 'Enemies List'

    A Pennsylvania federal judge on Thursday appeared reluctant to block the U.S. Securities and Exchange Commission's subpoena seeking information about voting advice that proxy adviser Institutional Shareholder Services gives to institutional investors despite ISS' concerns about political retaliation.

  • October 29, 2026

    9th Circ. Drops Speech Holding In Seattle Gig Worker Ruling

    The Ninth Circuit on Thursday withdrew its earlier finding that Seattle's protections for app-based delivery workers don't regulate speech, replacing it with a narrower ruling that assumes the law involves speech but still passes First Amendment scrutiny.

  • October 29, 2026

    Pa. Can Enforce E-Cigarette Law Amid Vape Cos. Appeal

    There will be no pause on a Pennsylvania law that makes it illegal to sell most vape products, a federal judge said, rejecting a vape industry bid seeking a brief reprieve while an appeal seeking to upend the statute heads to the Third Circuit.

  • October 29, 2026

    'We're Going To Get Sued': LA Revives Ban On Oil, Gas Wells

    The Los Angeles City Council on Wednesday passed an ordinance banning all new oil and gas drilling within city limits and phasing out existing wells within 20 years, with one councilmember commenting that the city expects to get sued by members of the industry over the vote. 

  • October 29, 2026

    NJ Panel Says State Shields Military Leave Past Federal Cap

    A New Jersey state appeals court on Thursday upheld a decision giving an Atlantic City police officer his job back after the city fired him for staying on military leave for more than five years, saying a federal five-year limit is a minimum, not a maximum.

  • October 29, 2026

    Uber, Amazon, Instacart Fight NYC Courier Deactivation Law

    Uber, Amazon and Instacart have accused New York City of overstepping by enacting a law prohibiting them from "deactivating" delivery couriers without formal notice and investigation, claiming in a new federal lawsuit that the regulation unconstitutionally interferes with their contractual rights.

  • October 29, 2026

    FCC Floats $4.4M Fine For Boomerang's Alleged Lifeline Fraud

    The Federal Communications Commission proposed a $4.4 million fine against Boomerang Wireless for allegedly defrauding the Lifeline program, which gives discounts on phone and internet services to qualifying low-income Americans.

  • October 29, 2026

    FCC Seeks To Rev Up Satellite Device Coverage

    The Federal Communications Commission advanced new rules Thursday that could open 25 megahertz of midband spectrum for new uses, including not only terrestrial wireless but potentially also direct-to-device coverage from satellites.

  • October 29, 2026

    Tax Consultancy Asks 5th Circ. To Kill Microcaptive Rule

    The IRS never published data showing that microcaptive transactions pose a potential for tax avoidance to justify a rule making companies and advisers report them as "transactions of interest," a tax consultancy seeking the rule's demise told the Fifth Circuit.

  • October 29, 2026

    DOJ Says Immigration Judge Isn't Shielded From Removal

    The U.S. Department of Justice told a Massachusetts federal judge that an ex-immigration judge who claims he was fired for his political ideology and advocacy work was an at-will employee who cannot show his firing was discriminatory.

  • October 29, 2026

    NJ Justices Uphold Atty's Privacy Expectation In Email Advice

    The New Jersey Supreme Court ruled Thursday in a split decision that the name of the attorney who emailed legal advice to a municipal prosecutor in a traffic dispute should not be disclosed under the state's public records law, finding the sender's reasonable expectation of privacy outweighs any interest in disclosure.

  • October 29, 2026

    Canada, UAE Sign Economic Partnership Agreement

    Canada and the United Arab Emirates have reached an agreement on a trade deal that is expected to double bilateral trade between the countries, up to CA$7 billion ($5 billion) annually, the Canadian government said, lauding the agreement as being reached in "record time."

  • October 29, 2026

    EEOC Eliminates Long-Standing Criminal History Guidance

    The U.S. Equal Employment Opportunity Commission has revoked Obama-era guidance that outlined employers' legal obligations in their use of workers' arrest and conviction records to make employment decisions, the agency announced Thursday.

  • October 29, 2026

    US Signs Key Sector Memorandums With Hungary, Finland

    Secretary of State Marco Rubio signed memorandums with Finnish and Hungarian officials Thursday indicating that the U.S. will work together with those trading partners on key minerals, technology and energy policy matters.

  • October 29, 2026

    1st Circ. Seeks Mass. Justices' Input On USAA Rate Row

    The First Circuit asked Massachusetts' highest court to weigh in on a suit by service members alleging USAA improperly considered their military pay grade when issuing auto insurance policies, finding the dispute implicates questions of state law.

  • October 29, 2026

    Gov't Urges 11th Circ. To Lift Sanctions Over Trump-IRS Deal

    A federal judge's order barring President Donald Trump, the IRS and the U.S. Treasury Department from citing the agreement made to settle his $10 billion suit against the tax agency is unsupportable and should be reversed, the government told the Eleventh Circuit.

  • October 29, 2026

    Ex-ComEd CEO, Lobbyist Signal Plea Deal Over Retrial

    Attorneys for Commonwealth Edison's former CEO and a longtime lobbyist told an Illinois federal judge on Thursday that they are in talks with the government about plea deals rather than an anticipated retrial next year on charges that they conspired to win former Illinois Speaker Michael Madigan's legislative favor in exchange for do-nothing jobs for his allies.

  • October 29, 2026

    NLRB Urges 7th Circ. To Ponder Injunction Harm Burden

    The National Labor Relations Board urged the full Seventh Circuit to rethink a ruling that raised the bar for the agency to win injunctions, saying the panel's merits conclusions and its take on what constitutes irreparable harm to workers' labor rights conflict with U.S. Supreme Court precedent.

  • October 29, 2026

    Judge Rejects Extra Hurdle For Medicaid Frailty Exemption

    A Trump administration bid to create additional barriers to Medicaid eligibility was rejected Thursday by a Massachusetts federal judge, who ruled that Congress did not delegate to the executive branch the task of deciding who is too medically frail to meet work requirements.

  • October 29, 2026

    Split 4th Circ. Stays Man's Removal Over Competency Issue

    The Fourth Circuit has extended a stay preventing the removal of a self-represented noncitizen detainee who said his "mental condition" prevented him from fully arguing his case to an immigration judge, finding that the full administrative record is needed.

  • October 29, 2026

    Pa. Court OKs Unemployment Comp Despite Off-Duty Lie

    A Pennsylvania nurse didn't commit "willful misconduct" by refusing to answer questions about a coworker visiting her while he was on duty and she was off duty, so the nurse remained eligible to collect unemployment benefits after she was fired, a state appellate court ruled Wednesday.

  • October 29, 2026

    CFPB Faces 2nd Suit Over Bid To 'Erase' Fair Lending Rules

    One of the nation's oldest civil rights groups Thursday sued to overturn the Consumer Financial Protection Bureau's recent rollback of longstanding federal protections against lending discrimination, widening the ongoing legal battle against the controversial rule change.

  • October 29, 2026

    EU Pushes China For More Fair Trade Commitments

    The European Parliament's Committee on International Trade spent a three-day trip to China pushing for an expansion of a trade framework beyond a recently reached mutual understanding on hybrid vehicles, among other concerns, the committee said Thursday.

Expert Analysis

  • Opinion

    Colo. Climate Suit Defies Limits Of State Power

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    In Suncor Energy v. Boulder County, the U.S. Supreme Court must not allow a single Colorado county to penalize pollution occurring across the country and around the globe, because the U.S. Constitution forbids states from exercising power beyond their borders, says Michael McGinley at Dechert.

  • What's Next For Prediction Markets If States Win At High Court

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    While the Supreme Court hasn't taken up a prediction market case yet, a high court win for the states in their quest to regulate the exchanges would likely mean a wave of state legislature bills and regulatory guidance arriving on different timelines, rather than a single uniform transition, says Howard Herndon at Bradley Arant.

  • FDIC Standards Body Could Ease Bank Vendor Due Diligence

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    The Federal Deposit Insurance Corp.'s recently proposed standards body for bank vendors could streamline due diligence and onboarding, but banks and their third-party service providers alike should still monitor open questions around oversight, certification costs and governance, say attorneys at Clark Hill.

  • Navigating A Key Inflection Point In Biosimilar Sector M&A

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    As biosimilar mergers and acquisitions gain notice amid U.S. Food and Drug Administration reforms, a maturing patent framework and a looming patent cliff, companies diversifying into the higher-growth biologics space should align their regulatory, intellectual property and transactional strategies, say attorneys at Skadden.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • How Employers Can Navigate NLRB Rulings Ripe For Reversal

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    Given a recent National Labor Relations Board memo seeking to reverse several precedents — including on severance agreements and workplace policies — employers should prepare now to restore broader protections when the board acts, while following the law as it exists today, says Howard Lavin at Thompson Coburn.

  • What Comes Next For Digital Asset Regs After Clarity Act Flop

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    After the U.S. Senate recently blocked the Digital Asset Market Clarity Act, agency rulemaking could still offer a near-term remedy, and companies meanwhile should monitor the existing framework assembled from enforcement precedent and case law in the absence of a purpose-built statute, say attorneys at Ropes & Gray.

  • FDA Bill Shows Risk Of Inexact Statute Text, Post-Loper Bright

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    A recent House bill to amend the Food and Drug Administration's drug preclusion framework reveals the increased importance of precision when drafting statutory rules in a post-Loper Bright landscape, as several minor errors in the text could lock in unintended results that will be difficult to repeal, say attorneys at Venable.

  • Species 'Harm' Definition Rollback Brings Risk For Developers

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    A rule recently adopted by federal agencies rescinds the definition of "harm" in Endangered Species Act regulations to exclude habitat destruction — but while the move is aimed at reducing regulatory burdens, it creates new uncertainty for developers, and may trigger increased environmental protections in California, say attorneys at Cox Castle.

  • $95M Nev. Case Provides Clues On Wound Care Enforcement

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    Federal prosecutors’ recent U.S. v. Dubin indictment, charging a Nevada physician with healthcare fraud over an alleged $95 million Medicare billing scheme involving amniotic wound allografts, provides a clearer picture of an increasingly data-driven enforcement strategy that follows the entire wound care transaction, say attorneys at Bass Berry.

  • DOJ Fraud Memo Highlights Trade Enforcement Playbook

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    A recent U.S. Department of Justice memo that outlines the Fraud Enforcement Division's priorities demonstrates that customs and trade fraud enforcement has entered a new and far more aggressive phase, with recent cases highlighting how the False Claims act is driving the new push, say attorneys at Foley & Lardner.

  • HPE-Juniper Settlement Teaches Key Tunney Act Lessons

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    A California federal court's recent approval of the U.S. Department of Justice's settlement with Hewlett Packard over its Juniper Networks acquisition offers legal practitioners some crucial lessons, including on unique tech-sector remedies for mergers and acquisitions and the continued viability of the Tunney Act, says Shubha Ghosh at Syracuse University College of Law.

  • What Opt-In Framework Means For Novel Space Activities

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    The U.S. Department of Commerce's Office of Space Commerce is advancing a voluntary certification framework for commercial space activities not covered by existing licenses — but it's unclear whether this approach becomes a durable mission authorization regime, and separate legal permissions from agencies may still be necessary, say attorneys at Morgan Lewis.

  • Negotiating The Scope Of The Stablecoin Customer ID Rule

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    Though comments on bank regulators’ proposed rule for stablecoin issuers under the Genius Act generally agree that oversight would help prevent illicit activity, agencies must reconcile disagreement over whether to extend customer identification requirements from issuers' primary-market relationships to secondary-markets activity, say attorneys at Ballard Spahr.

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