Public Policy

  • February 04, 2026

    DC Circ. Preserves Secrecy Of DOJ's Gag Orders On Google

    The D.C. Circuit has rejected a nonprofit group's push to unmask applications filed by the U.S. Department of Justice that blocked Google from informing one of its email subscribers about a subpoena for some of his account data, agreeing with the lower court that the records were shielded by grand jury secrecy rules.

  • February 04, 2026

    Goldstein Accountant Admits Tax Return Errors

    A star government witness and the top outside accountant for SCOTUSblog founder Thomas Goldstein and his law firm admitted to making mistakes on Goldstein's tax returns and offering the grand jury erroneous testimony, under cross-examination in the U.S. Supreme Court lawyer's tax fraud trial Wednesday.

  • February 04, 2026

    Senate Committee Mulls Autonomous Vehicle Standards

    U.S. Senate lawmakers on Wednesday renewed debate over how to craft a federal regulatory framework governing autonomous vehicles in the U.S., as Tesla, Waymo and other industry executives pressed for concrete rules to help drive innovation and competition, while also defending their safety records in the face of recent incidents.

  • February 04, 2026

    NY, NJ Sue Feds Over Hudson River Tunnel Funding Pause

    New York and New Jersey have accused the U.S. Department of Transportation of unlawfully withholding $15 billion to fund the rehabilitation of aging commuter train tunnels under the Hudson River, saying the government did not give a valid reason for the decision.

  • February 04, 2026

    Wash. AG Defends 'Constitutional' Anti-Spam Law In Ulta Suit

    Washington's attorney general is defending the constitutionality of a state anti-spam law, denying arguments by beauty retailer Ulta that the statute is an undue burden on interstate commerce and runs afoul of federal law.

  • February 04, 2026

    Ore. Judge Blocks ICE From Making Warrantless Arrests

    An Oregon federal judge on Wednesday barred ICE from making warrantless immigration arrests in the state without probable cause that an individual is likely to escape before a warrant can be obtained, and provisionally certified a class of people who have been or will be swept up in warrantless immigration arrests instate.

  • February 04, 2026

    'Extraordinary Circumstances': Elon Musk Faces USAID Depo

    A Maryland federal judge on Wednesday said billionaire Elon Musk must testify in litigation filed by U.S. Agency for International Development employees claiming he illegally dismantled the foreign aid agency while head of the advisory organization known as the Department of Government Efficiency, saying "extraordinary circumstances justify the deposition."

  • February 04, 2026

    Bessent Says Card Rate Cap's Effects 'Important' To Review

    U.S. Treasury Secretary Scott Bessent declined to say Wednesday whether he supports President Donald Trump's proposed 10% credit card rate cap, instead telling lawmakers that reining in credit card rewards could be a way to address cost concerns.

  • February 04, 2026

    Wash. Tribes Sue Feds Over $240M Of Salmon Hatchery Funds

    Two tribes in Washington state have sued the National Oceanic and Atmospheric Administration and other federal agencies on claims the government unfairly told them they weren't eligible to apply for $240 million of Pacific salmon hatchery funds under the Inflation Reduction Act.

  • February 04, 2026

    Coinbase Sues Nev. To Block 'Unlicensed Wagering' Action

    Coinbase on Wednesday sued Nevada's casino regulator, seeking to block the Silver State's bid to halt the crypto exchange's alleged offering of "unlicensed wagering" to state residents through event contracts on sports and elections until it obtains a state gaming license.

  • February 04, 2026

    Atty Nonprofit Claims Denver Police Withheld Discovery Info

    An attorney nonprofit organization claimed the Denver Police Department is not complying with Colorado open record laws, arguing in Colorado state court that the department denied a records request seeking information about discovery that wasn't shared with defendants in hundreds of criminal cases.

  • February 04, 2026

    USPTO Scraps Interested Party Precedent After New Ruling

    The U.S. Patent and Trademark Office has removed the precedential status of two 2019 decisions addressing the rule that patent challengers must identify all interested parties, saying they were at odds with a decision that was made precedential last year.

  • February 04, 2026

    Texas AG Sues County Over Immigrant Legal Defense Funding

    The Texas attorney general told a state district court that Bexar County unlawfully used taxpayer dollars to fund the legal defense of unauthorized immigrants who are facing deportation proceedings, saying Wednesday the county may have allocated more than $1 million to an allegedly illegal program.

  • February 04, 2026

    Judge Says $40B Ligado Suit Looks 'Destined' For High Court

    Network company Ligado's nearly $40 billion lawsuit accusing the government of wrongly blocking its use of a certain slice of the airwaves seems likely to eventually land in the U.S. Supreme Court, the Federal Circuit's chief judge said Wednesday.

  • February 04, 2026

    Squires Throws Out 23 Patent Challenges, Grants 12

    The latest summary decision from U.S. Patent and Trademark Office Director John Squires denied 23 America Invents Act petitions and instituted 12 others, bringing his total number of patent challenges granted to 60.

  • February 04, 2026

    HPE Backs DOJ Bid For Final Merger Deal Approval

    Hewlett Packard Enterprise has endorsed the Justice Department's bid for final approval of a controversial settlement permitting the $14 billion purchase of Juniper Networks, telling a California federal judge that Democratic state attorneys general have nothing but "vague and inaccurate accusations" that the deal was improper.

  • February 04, 2026

    Minn. Judge Skeptical Of Widespread Refugee Detention

    A Minnesota federal judge on Wednesday appeared to doubt the necessity of sweeping detentions of refugees in Minnesota who have not yet secured their green cards, questioning the Trump administration's powers to return refugees to federal custody.

  • February 04, 2026

    CFTC Withdraws Proposal To Ban Sports, Election Contracts

    U.S. Commodity Futures Trading Chair Michael Selig on Wednesday withdrew a 2024 proposed rule that would have banned trading on the outcome of elections and sporting events, saying the agency will instead float a new rule that promotes "innovation" in derivatives markets.

  • February 04, 2026

    Partisan Permit Reform Won't Last In Long Run, Dem Says

    A Democratic member of the House Energy and Commerce Committee on Wednesday called for bipartisan reform of state and local broadband permitting laws, saying a GOP approach that excludes the other side could stymie the legislation.

  • February 04, 2026

    EPA Can't OK Calif. Engine Emissions Rules, 9th Circ. Told

    The U.S. Environmental Protection Agency failed to determine whether California's plan to set tighter emissions rules for off-road engines warranted a Clean Air Act waiver before giving the go-ahead to the Golden State, industry groups have told the Ninth Circuit.

  • February 04, 2026

    US Supreme Court Won't Halt New Calif. Congressional Map

    The U.S. Supreme Court will not block California's new, voter-approved congressional districts before they can be used in this year's midterm election while California Republicans appeal their previous failed bid to block the redrawn map that they argue constitutes illegal racial gerrymandering with Democratic officials "maximizing Latino voting strength."

  • February 04, 2026

    Clemency Was 'Broken' Long Before Trump. Can It Be Fixed?

    President Donald Trump has transformed what has historically been a bureaucratic process for seeking federal pardons and commutations into a more freewheeling affair with few clear rules — and no easy solutions for reform, experts say.

  • February 04, 2026

    Ex-Fox News Host Decries Judge Pick's Arbitration Stance

    Gretchen Carlson, a former Fox News anchor and a leading advocate for ending forced arbitration of sexual harassment and assault in the workplace, has come out against a federal judicial nominee for Louisiana for her past comments on the issue.

  • February 04, 2026

    3rd Circ. Asks If Death Scene Photo Row Is Privacy Matter

    The Third Circuit on Wednesday pondered whether the mother of a man who jumped from a bridge to his death was entitled to privacy after a Philadelphia police officer shared a photo of the man's death scene, focusing its questioning on whether there was a reasonable expectation of privacy concerning a public death.

  • February 04, 2026

    NJ Panel Backs Approval Of Orthodox Girls' School Campus

    A New Jersey appellate panel affirmed on Wednesday a township planning board's green light for a private Orthodox Jewish girls school campus, concluding that nearby homeowners failed to show the board acted arbitrarily, capriciously or under any improper influence when it approved the project.

Expert Analysis

  • Insuring Equality: 3 Tips To Preserve Coverage For DEI Claims

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    Directors and officers and employment practices liability are key coverages for policyholders to review as potentially responsive to the emerging liability threat of Trump's executive orders targeting corporate diversity, equity and inclusion policies and practices, says Micah Skidmore at Haynes Boone.

  • Perspectives

    Justice Requires Excluding Manner Of Death As Evidence

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    A recent report showing that the unstandardized and subjective U.S. system of medicolegal death investigations contributes to unjust convictions should prompt courts and lawmakers to reject manner of death testimony in favor of more transparent and testable forensic evidence, say Peter Neufeld and Isabelle Cohn at the Innocence Project.

  • The SEC Whistleblower Program A Year Into 2nd Trump Admin

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    The U.S. Securities and Exchange Commission's whistleblower program continues to operate as designed, but its internal cadence, scrutiny of claims and operational structure reflect a period of recalibration, with precision mattering more than ever, say attorneys Scott Silver and David Chase.

  • Autonomous Vehicle Liability Trends To Watch In 2026

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    With autonomous vehicles increasingly making their own decisions, the liability landscape for AVs has changed over the past year — highlighting a number of important issues that companies and practitioners should keep a close eye on in 2026, says Farid Yaghoubtil at Downtown LA Law Group.

  • Key Crypto Class Action Trends And Rulings In 2025

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    As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, according to Justin Donoho at Duane Morris.

  • New Russia Energy Sanctions Add Compliance Complexity

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    Recent U.S. and U.K. designations of Russian oil companies and related entities, as well as a new sanctions package from EU, mark a significant escalation in restrictions on the Russian energy industry and add a new layer of regulatory complications for companies operating in the global energy sector, say attorneys at Simpson Thacher.

  • 6 Laws For Calif. Employers To Know In 2026

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    California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.

  • How New SEC Policies Shift Shareholder Proposal Landscape

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    U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.

  • NBA, MLB Betting Indictments: Slam Dunks Or Strikeouts?

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    Recent fraud charges against bettors, NBA players and MLB pitchers raise questions about what the government will need to prove to prosecute individuals involved in placing bets based on nonpublic information, and it could be a tough sell to juries, say attorneys at Ford O'Brien.

  • Tracking The Evolution Of AI Insurance Regulation In 2025

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    As artificial intelligence continues to transform the insurance industry, including underwriting, pricing, claims processing and customer engagement, state regulators, led by the National Association of Insurance Commissioners, are increasing oversight to ensure that innovation does not outpace consumer protections, say attorneys at Fenwick.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation

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    On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.

  • Prepping For 2026 Shifts In Calif. Workplace Safety Rules

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    California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.

  • Series

    The Biz Court Digest: Welcome To Miami

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    After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

  • How AI Exec Order May Tee Up Legal Fights With States

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    The Trump administration's draft executive order would allow it to challenge and withhold federal dollars from states with artificial intelligence laws, but until Congress passes comprehensive AI legislation, states may have to defend their regulatory frameworks in extended litigation, says Charles Mills, a clerk at the U.S. District Court for the Northern District of West Virginia.

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