Public Policy

  • October 06, 2026

    DC Circ. Wary Of Hikvision Appeal Over FCC Device Denials

    Chinese device-maker Hikvision hoped to convince the D.C. Circuit Tuesday that the Federal Communications Commission doesn't have the authority to strip a company's existing authorizations for national security reasons, but the judges did not seem persuaded.

  • October 06, 2026

    1st Circ. Sees Gaps In Order Halting RFK's Vaccine Advisers

    A First Circuit panel on Tuesday puzzled over aspects of a lower court's order staying Health and Human Services Secretary Robert F. Kennedy Jr.'s appointments to a vaccine policy committee, with one judge saying he can't tell what authority the order was based on.

  • October 06, 2026

    Cato, NRA Back Review Of Gun Ban For Nonviolent Felons

    Some four months after the U.S. Supreme Court ruled that a gun ownership ban for drug users is unconstitutional as applied to a marijuana user, gun rights advocates are urging the high court to expand the finding to those convicted of nonviolent marijuana crimes.

  • October 06, 2026

    Colo. Developer Says Town Reversed Course On Sewer Taps

    The developer of a tiny home community just outside a Colorado mountain town has told a federal judge that the town refuses to process the community's wastewater and won't issue new tap permits to new properties despite approving more than a dozen prior to the dispute.

  • October 06, 2026

    Calif. Tribe Says Kalshi Evades Tribal Sports Betting Bans

    A Southern California tribe warned the U.S. Supreme Court on Tuesday that a recent Third Circuit decision blocking New Jersey from enforcing its gambling laws against Kalshi could threaten tribes' exclusive rights to regulate gambling on their reservations.

  • October 06, 2026

    FCC Threats Loom Like 'Guillotine,' ABC Tells Court

    ABC argued during intense questioning from a D.C. federal judge Tuesday that a Federal Communications Commission probe of eight network-owned TV stations needs to end, because the agency's threats hang like a "guillotine" that could be cut loose at any time.

  • October 06, 2026

    Texas Justices Leery Of Banning AI Deposition Transcripts

    Texas Supreme Court justices seemed hesitant to bar attorneys outright from using artificial intelligence voice transcription software during depositions, pointing out Tuesday that multiple safeguards exist to ensure accuracy.

  • October 06, 2026

    3rd Circ. Backs Hybrid Test For Categorizing Sex Offenders

    The Third Circuit on Tuesday joined its sister circuits and adopted a "hybrid" framework to determine a sex offender's appropriate category under a federal registry law by looking at the text of state laws used to charge an offender, and weighing facts from the case.

  • October 06, 2026

    Chicago Woman Sues Over Shooting By Border Patrol Agent

    A Chicago woman who was shot five times by a U.S. Border Patrol agent during an immigration enforcement operation last year sued the federal government Monday, alleging that the agent deliberately struck her car and shot her without justification while she was alerting her neighbors to the officers' presence.

  • October 06, 2026

    Ábrego García Deportation Hearing Abruptly Scrapped

    A hearing on the Trump administration's monthslong bid to deport Kilmar Ábrego García to Liberia was abruptly scrapped Tuesday afternoon, and attorneys on both sides declined to say why.

  • October 06, 2026

    Ariz. Tribe Seeks Emergency Stop To Border Wall In DC Circ.

    The Tohono O'odham Nation is asking the D.C. Circuit for an emergency injunction pending appeal to block construction of a border wall on its Arizona reservation, telling the appellate court that the U.S. Department of Homeland Security intends to start construction as early as Monday.

  • October 06, 2026

    Farmers Strike Deal With Insurer To End Crop Loss Dispute

    Two tobacco farmers in North Carolina have settled their suit seeking to recoup the cost of arbitration proceedings and other damages from a crop insurance provider accused of trying to halve their recovery for crop-related losses, federal court records show.

  • October 06, 2026

    DC Circ. Tells FCC To Respond In Fox Philly License Case

    The D.C. Circuit on Tuesday ordered the Federal Communications Commission to respond to an advocacy group's petition for court action to compel full commission review of a staff order that tossed a challenge to Fox TV's Philadelphia broadcast license.

  • October 06, 2026

    10th Circ. Revives Prosecution Of Utah Psilocybin Church

    The Tenth Circuit has revived a state court prosecution against a Utah church that uses the psychedelic psilocybin as a sacrament, saying the enforcement action did not violate religious freedoms and a lower district judge erred by halting it.

  • October 06, 2026

    3rd Circ. Judge Faces Ethics Complaint For Managing PR Firm

    A pair of U.S. senators from Delaware have filed an ethics complaint with the Third Circuit raising concerns over U.S. Circuit Judge Jennifer Mascott's purported operation of a public affairs agency, months after she was officially confirmed to the appellate court.

  • October 06, 2026

    Ex-FBI Analyst Says Bove Ordered Illegal Protester Probe

    A former FBI agent has come forward with a claim that when U.S. Circuit Judge Emil Bove was at the U.S. Department of Justice, he directed the Los Angeles field office to illegally investigate protesters.

  • October 06, 2026

    DOL Cancels Proposal To Nix Wage-Hour Guidance

    The U.S. Department of Labor on Tuesday said it is withdrawing a proposal to remove interpretive rules and policy statements regarding the Fair Labor Standards Act that had not gone through notice-and-comment rulemaking.

  • October 06, 2026

    USTR Keeps China Tariffs After Industry Push For Extension

    The Office of the U.S. Trade Representative on Tuesday announced the continuation of tariffs on some $50 billion worth of Chinese goods installed during President Donald Trump's first term after domestic businesses requested they be extended.

  • October 06, 2026

    Judge Newman Gets Suspension Fight Moved To 11th Circ.

    Chief Justice John Roberts has transferred the Federal Circuit's investigation of suspended U.S. Circuit Judge Pauline Newman to the Eleventh Circuit, the latter court said Tuesday.

  • October 06, 2026

    DC Circ. Probes NewsGuard Over Harm From FTC Orders

    A D.C. Circuit panel probed an attorney for NewsGuard on Tuesday about the kind of harm a Federal Trade Commission investigation and merger settlement in the advertising industry caused the news ratings group.

  • October 06, 2026

    Cos. Say Trade Court Can Issue Nationwide Tariff Refunds

    The U.S. Court of International Trade has nationwide jurisdiction over matters involving trade laws, which should give it authority to order tariff refunds for importers that paid the unlawful duties whether or not they filed their own challenge at the trade court, businesses told the Federal Circuit.

  • October 06, 2026

    Higher-Ed Groups Say DHS Upended Student Internship Rules

    Higher-education organizations have accused the Trump administration of abruptly and unlawfully imposing new restrictions on experiential learning opportunities for international students, and couching its regulatory shift as "reminders" that threatened schools and officials with sanctions and prosecutions for noncompliance.

  • October 06, 2026

    Trump Allows Dyed Fuel In Highway Use, Defers Excise Taxes

    President Donald Trump signed an executive order to temporarily allow road vehicles to use dyed diesel fuel that is typically used by off-road vehicles and to defer applicable federal excise taxes, the White House said.

  • October 06, 2026

    Judge Backs Va. Tuition Pathway For Unauthorized Students

    A federal judge in Richmond rejected the Trump administration's bid to strike down Virginia laws allowing students who are unauthorized to be in the U.S. to pay in-state tuition at public universities, breaking with a Fifth Circuit ruling on Texas tuition rules and ruling that federal law doesn't preempt the state statutes.

  • October 06, 2026

    10th Circ. Says Courts Can Review Refugee Terminations

    A divided Tenth Circuit panel ruled that federal courts can review the government's finding that a refugee did not qualify for that status at the time of admission, finding that the threshold decision is nondiscretionary and thus not barred by a federal law restricting review of discretionary immigration decisions.

Expert Analysis

  • DOE Energy Financing Overhaul Opens Paths For Developers

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    The U.S. Department of Energy's Office of Energy Dominance Financing is now positioned to be a key source of support for energy and critical minerals development in the U.S., creating opportunities for companies seeking to advance projects that align with administration priorities, say attorneys at Mayer Brown.

  • Opinion

    Justices Gave Energy Industry A Needed Constitutional Reset

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    Energy companies must understand the regulatory and compliance implications of two recent U.S. Supreme Court rulings reaffirming that agencies must derive their legitimacy from faithfully executing the law, says Brunini Grantham's Curt Hébert, former member of the Federal Energy Regulatory Commission.

  • Q3 Numbers Refine Picture Of SEC Enforcement Trajectory

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    A snapshot of the U.S. Securities and Exchange Commission’s third-quarter enforcement actions suggest the program may be smaller than in prior years, but that it is increasingly concentrated around market abuse and individual misconduct, especially related to insider trading, say Adrienna Huffman, Jan Jindra and Erik Johannesson at The Brattle Group.

  • What DOJ Fraud Division Rule Resolves, And What It Doesn't

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    The U.S. Department of Justice’s recently published final rule answers many outstanding questions about the newly created National Fraud Enforcement Division, but overlapping mandates could result in parallel investigations and diverging viewpoints between multiple sets of prosecutors, say attorneys at Gibson Dunn.

  • Banks Face Lighter CRA Burdens Under Regulators' Proposal

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    Banking regulators' recently proposed rule to redo the framework under the Community Reinvestment Act would materially change which banks are subject to its most demanding requirements and how regulators evaluate lending, services, community development activities and strategic plans, says James Williams at Venable.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • 4 Ways‌ NY's Bivens Act Changes Civil Rights Legal Strategy

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    New York state's new Bivens Act creates a statutory civil rights cause of action against federal officials, changing presuit investigations, discovery and settlement leverage, and creating an opportunity to pursue more structural changes — so plaintiffs counsel will need to adjust their civil rights litigation playbooks, say attorneys at Jacob Fuchsberg Law.

  • FTC IonQ Review Unearths A Divide In Vertical Merger Remedy

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    The Federal Trade Commission's recent split decision to close its investigation into the merger between IonQ and SkyWater Technology offers a candid window into how enforcers may approach vertical merger concerns after a string of difficult government cases, says Nicholas Cheolas at Wiley.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • NC Crypto Kiosk Law Opens Door To Stricter Fraud Regs

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    North Carolina's new cryptocurrency kiosk law will force operators to build fraud-screening, disclosure and compliance systems before the end of the year, while also providing an opening for more stringent city and county limits on kiosk placement and operations, say attorneys at Moore & Van Allen.

  • Student Loan Suit Draws Line On Testimony In Trust Litigation

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    A recent interlocutory opinion from the Southern District of New York shows securitization experts can explain servicing practices but cannot substitute for authenticated loan-level ownership proof or intent evidence, signaling that parties in student loan trust cases should sharpen recordkeeping and tracing strategies, says attorney Stanley Tate.

  • Opinion

    A Guiding Principle For The SEC On Exempt Capital Markets

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    The U.S. Securities and Exchange Commission's recently proposed Regulation Crypto Assets borrows selectively from other capital-raising exemptions while giving crypto issuers materially different terms, and those unexplained differences reveal the need for a regulatory approach of presumptive parity, says Brian Christie at the Crowdfunding Professional Association.

  • Where DOJ's Fraud Priorities Memo May Actually Matter

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    The U.S. Department of Justice’s recently released memo outlining priorities for its newly created fraud division will shape how cases are identified, staffed and sequenced, meaning white collar defense work must begin earlier, say David Tarras at Tarras Defense and Trevor Jones at Dynamis.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • What Cos. Should Do During Stay Of Nasdaq Delisting Rule

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    The U.S. Securities and Exchange Commission recently approved — and subsequently stayed — Nasdaq's $5 million market value threshold for continued listing, giving companies additional time to evaluate financing opportunities, communicate with investors and consider strategic alternatives, says Joseph Lucosky at Lucosky Brookman.

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