Public Policy

  • September 02, 2026

    Online Embedders May Like 5th Circ.'s Pivot On Server Test

    The Fifth Circuit last week rejected a 2007 copyright test that publishers have long criticized, but attorneys say the court's replacement may still leave news aggregators and apps that embed third-party content in a strong position while putting more pressure on rights holders to restrict content they don't want embedded elsewhere.

  • September 02, 2026

    FCC Backs Alaska Telecom GCI's Plan To Serve 10K More

    Improvements in broadband infrastructure mean that Alaskan telecom GCI Holdings will be able to provide hybrid fiber-cellular service to 10,000 more people in the state, the telecom has told the Federal Communications Commission.

  • September 02, 2026

    Public Access Gets Win In Ex-Fla. GOP Chair's Records Case

    A Florida appellate court ruled Wednesday in favor of public access to investigative records involving the former chairman of the Sunshine State's Republican Party, finding that only legislators can create exemptions under the state's Public Records Act. 

  • September 02, 2026

    NOAA Fisheries Lays Out Priorities For Trump Seafood Order

    The National Oceanic and Atmospheric Administration's fisheries division announced several dozen priorities to boost the U.S. seafood industry Wednesday, prompting one environmental group to call it a "depraved laundry list" of ways the Trump administration is willing to sacrifice ocean life.

  • September 02, 2026

    FCC Staff Are Making Big Decisions, But The Tactic Isn't New

    When an arm of the Federal Communications Commission that deals with broadcast competition waived one of the country's signature media ownership rules without a full FCC vote this year, it wasn't the first time agency staff had been entrusted with a major decision by the FCC's politically appointed chair.

  • September 02, 2026

    House Rejects Amendment To Fix Court At 9 Justices

    The House failed to pass a proposed constitutional amendment on Wednesday that would keep the number of U.S. Supreme Court justices at nine.

  • September 02, 2026

    Migrant Advocates Can't Revive El Salvador Deal Challenge

    A D.C. federal judge once again shot down a challenge to the Trump administration's agreement with El Salvador that sent hundreds of detained noncitizens to the CECOT terror prison, ruling that the immigrant advocates challenging the deal had failed to show how their requested relief could redress the alleged harms.

  • September 02, 2026

    States Sue To Block Medicaid Ban On Youth Gender Care

    Twenty state attorneys general on Wednesday challenged the Trump administration's plan to halt Medicaid funding for minors' gender-affirming care, alleging the move would violate federal law and usurp congressional power over government spending.

  • September 02, 2026

    DOJ Backs OpenAI, Microsoft Fair Use Defense In NYT IP Case

    The federal government is weighing in on the sprawling copyright litigation against OpenAI Inc. and Microsoft Corp. in New York federal court brought by The New York Times and others, telling the judge that using copyrighted texts to train generative tools shouldn't expose developers to broad infringement liability.

  • September 02, 2026

    AT&T Asks To Cut Copper-Based VoIP Service In 20 States

    AT&T is continuing with its plans to end its legacy copper-line telephone service across the United States, asking the Federal Communications Commission for permission to cut services that rely on copper wires in certain areas in 20 states.

  • September 02, 2026

    Trump Foreign Equipment Order Perplexes Power Cos.

    The U.S. power industry is scrambling to make sense of President Donald Trump's sweeping executive order restricting imports of equipment used for the electricity grid, and attorneys say complying with the directive could ultimately make projects more expensive and take them longer to build.

  • September 02, 2026

    Colo. Says Semiautomatic Gun Law Is Constitutional

    Colorado officials urged a federal judge to not block the enforcement of a new state law restricting ownership of certain semiautomatic firearms, contending the law is constitutional and complies with recent Supreme Court precedent.

  • September 02, 2026

    14 Cos. Banned From US Networks Over Robocall Violations

    More than a dozen voice service providers have been booted from U.S. networks after failing to follow Federal Communications Commission rules aimed at staunching the barrage of robocalls that assault Americans' phones every day.

  • September 02, 2026

    FCC Floats 'Scorecard' To Deal With Robocall Deluge

    As the flood of robocalls continues, Federal Communications Commission leaders are considering a "scorecard" to let consumers rate their voice service providers as to how effectively they are blocking unwanted calls.

  • September 02, 2026

    10th Circ. Says Vape Shops Fumbled Utah Flavor Ban Appeal

    The Tenth Circuit dismissed an appeal brought by vape businesses challenging Utah's flavored e-cigarette ban, ruling that the companies picked the wrong order to bring to it on appeal.

  • September 02, 2026

    Kroger, Costco, Major Grocers Added To DOJ Beef Price Probe

    The U.S. Department of Justice expanded its investigation into potential anticompetitive conduct in the American beef industry to include The Kroger Co., Walmart, Costco Wholesale Corp. and five other major grocers.

  • September 02, 2026

    Imported Feed Additive Is An Antibiotic, Trade Court Rules

    An animal health company's imports of a powdered feed additive should have entered the U.S. as a duty-free antibiotic, the U.S. Court of International Trade ruled Wednesday, undoing its previous classification as a preparation for animal feed from China that carried a 25% tariff.

  • September 02, 2026

    UMich Says Student Banned From Campus Can't Show Bias

    The University of Michigan and several of its officials on Wednesday asked a federal judge to dismiss a civil rights suit brought by a student and former university employee, saying his claims that he was barred from a campus area for expressing pro-Palestinian views fail and arguing the university was simply enforcing its standard trespass policy.

  • September 02, 2026

    11th Circ. OKs Refusal Of $1.5M Offer To End $140M Tax Debt

    The Eleventh Circuit rebuffed a software company founder's $1.5 million offer to settle his $140 million tax debt from 1999, ruling Wednesday that the IRS properly rejected the lowball offer in a case tied to sham arrangements.

  • September 02, 2026

    11th Circ. Revives Some Of Pot Co.'s License Bias Claims

    The Eleventh Circuit revived Wednesday a cannabis company's suit against Georgia regulators over a denied production license, saying the company showed it suffered an injury from the state's "pay to play" system and had the right to bring a lawsuit despite cannabis being federally illegal.

  • September 02, 2026

    Optics Co.'s £346M Sale Not Stopped By Antitrust Authorities

    Optics technology provider Gooch & Housego, advised by Burges Salmon LLP, said Wednesday that it cleared a regulatory hurdle in its proposed acquisition by Kirkland & Ellis LLP-led private equity shop Arlington Capital, as the antitrust waiting period for the £346 million ($470 million) deal has expired.

  • September 02, 2026

    Mass. Woman Admits Assault On Agents Detaining Immigrants

    A Massachusetts woman pled guilty in federal court on Wednesday to assaulting and threatening to kill federal agents outside a courthouse where they were attempting to detain immigrants, prosecutors said.

  • September 02, 2026

    Crypto Mine Noise Suit Belongs In State Court, Neighbors Say

    Residents of a North Carolina town suing over allegedly excessive noise coming from a nearby cryptocurrency mining and AI data center want their lawsuit bumped back down to state court, arguing the damages they're seeking fall short of the threshold required for federal jurisdiction.

  • September 02, 2026

    DOJ Says Trump's Jan. 6 Speech Was An Official Act

    The U.S. Department of Justice argued Tuesday that President Donald Trump was carrying out one of his office's "most important functions" when he urged protesters to head to the Capitol on Jan. 6, 2021, and "fight like hell," so the D.C. Circuit should deem his speech official conduct.

  • September 02, 2026

    Dems Call Subpoenas' Secrecy Request 'Abuse Of Authority'

    Democratic lawmakers Sen. Ron Wyden, Ore., and Rep. Pramila Jayapal, Wash., have called for an investigation into subpoenas issued from federal law enforcement to private companies that contain nondisclosure provisions and carry threats of legal consequences for noncompliance.

Expert Analysis

  • FTC Focus: Enforcing Vertically Integrated Operating Systems

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    As digital platforms increasingly pair operating systems with commerce, advertising, content and data, antitrust scrutiny will turn on whether those integrations create private bottlenecks that foreclose rivals through access, ranking, interoperability or defaults, pushing courts and enforcement agencies to adapt traditional utility and merger frameworks more aggressively, say attorneys at Proskauer.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • A Shift In How Policymakers Are Approaching PBM Regulation

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    Recent federal and state legislative and regulatory activity involving pharmacy benefit managers represent a change in focus from transparency to PBM compensation structures, vertical integration and competitive effects, say attorneys at Barclay Damon.

  • Workplace Menopause Laws Demand New HR Playbooks

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    A recent wave of state and local legislation that makes menopause an expressly protected condition in the workplace creates new compliance obligations amid an already ambiguous federal framework, and demands a workplace culture where employees feel safe asking for support, says Elliot Griffin at Ballard Spahr.

  • How State Actions Are Reshaping Surveillance Pricing Risk

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    Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Tips For Issuers Left In Lurch Without Genius Act Final Rules

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    The compliance runway envisioned by the Genius Act is steadily shrinking after regulators failed to finalize all the required implementing regulations by July 18, so stablecoin issuers should begin implementing "no-regrets" compliance measures and securing outside vendors before the law takes full effect in January, says David Zaslowsky at Baker McKenzie.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 3 Ways Tokenization Is Moving To Traditional Finance

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    Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • Opinion

    States Should Reconsider Forced PBM Divestiture Laws

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    State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

  • HSR Deals Proceed More Steadily Than Narratives Suggest

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    The most recent Hart-Scott-Rodino Act data show that transaction volume remained relatively stable, transaction values continued to increase and enforcement activity remained low, suggesting that enforcement rates have been relatively consistent across presidential administrations despite widely differing public rhetoric regarding merger enforcement, says Amanda Wait at Michael Best.

  • Assessing The Benefits Of Fla.'s Newest Business Structure

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    As of July 1, Florida business owners can create protected series LLCs to shield assets from liability while avoiding increased costs and wasted time, but burdensome recordkeeping obligations are crucial to maintaining the very protection that makes them attractive in the first place, says Gregory Ritter at Moritt Hock.

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