Public Policy

  • November 05, 2026

    IRS Wrongly Rejected $28.8M Easement Claim, Tax Court Told

    The IRS wrongly asserted a roughly $10.6 million income tax underpayment and $4.3 million in penalties against an Alabama partnership, the company told the U.S. Tax Court, disputing the agency's determination that it failed to show it's entitled to a $28.8 million charitable contribution claimed for a conservation easement donation.

  • November 05, 2026

    DOJ Targets Penn State In Immigrant Tuition Suit Blitz

    The Department of Justice on Thursday filed a lawsuit against Penn State University alleging that the college unconstitutionally extends in-state tuition rates to undocumented individuals while denying the same benefit to American citizens.

  • November 05, 2026

    DOJ Says Willow Bridge's RealPage Deal Needs No Tweaks

    The U.S. Department of Justice responded to commenters pushing for changes to the rent price-fixing settlement it reached with Willow Bridge Property Co. LLC, arguing there's no need to add a distinction in the deal between rent renewals and first-time leases.

  • November 05, 2026

    New Tech, Diluted Noncompetes Drive Up Trade Secret Cases

    Artificial intelligence tools are making it easier for employees to take off with valuable trade secrets when they switch employers, while noncompete agreements are becoming more difficult to enforce, a combination that is spurring an increase in trade secret cases, experts told Law360.

  • November 05, 2026

    Wash. To Pay $73K In Fees Under Pretrial-Exam-Delay Deal

    Washington state must pay plaintiffs' counsel roughly $73,000 in attorney fees and costs in a long-running case over its treatment of pretrial detainees in criminal proceedings, a Washington federal judge has ruled.

  • November 05, 2026

    Tower Asks For Waiver, Clarification Related To EchoStar Fund

    A commercial tower landlord has asked the Federal Communications Commission for clarification or a waiver of agency rules governing a trust that EchoStar must use to repay companies related to its bankruptcy case.

  • November 05, 2026

    Mo. Judge Tosses Hemp Co. Challenge To New State Law

    A Missouri federal judge has tossed a lawsuit brought by hemp companies challenging the state's new law regarding intoxicating hemp products, finding that the policy is neither unconstitutional nor preempted by federal law governing hemp.

  • November 05, 2026

    Bike Group Backs Injunction Blocking DC Golf Course Plan

    A bicyclist advocacy group urged a D.C. federal judge to keep the Trump administration from cutting down more trees or taking other steps to develop a championship-style golf course at East Potomac Park while litigation over the allegedly unlawful project proceeds.

  • November 05, 2026

    Feds Say Union, Groups Can't Stop Wash. Ballot Demands

    President Donald Trump's administration urged a Washington federal court not to block federal officials from asking the state to set aside ballots cast by suspected noncitizens, arguing that a union and two voter advocacy groups challenging the effort have not been harmed because the state has already declined the request.

  • November 05, 2026

    Racing Against Whistleblowers Could Cost Companies

    The U.S. Department of Justice's new cash rewards program for tips on criminal fraud threatens to ramp up the pressure on companies to hurry internal investigations and quickly report suspected misconduct to the government before whistleblowers do, which could backfire in some cases, according to experts.

  • November 05, 2026

    IRS Asks 10th Circ. To Uphold Taxes, Penalties On Ranchers

    The U.S. Tax Court properly ruled that an Oklahoma couple owe roughly $260,000 in taxes and penalties because their ranch wasn't operated for profit as they had asserted, the IRS told the Tenth Circuit, saying they lacked a profit motive to claim deductions for their expenses.

  • November 05, 2026

    Controversial DOJ Civil Rights Division Leader Steps Down

    Harmeet K. Dhillon, a U.S. Department of Justice official who instituted dramatic changes as leader of the Civil Rights Division, has stepped down from her role.

  • November 05, 2026

    Federal Workers Seek To Halt Gender-Affirming Benefits Ban

    Two federal employees urged a D.C. federal court to block President Donald Trump's administration from eliminating coverage for gender-affirming care from their 2027 health benefits, arguing thousands of people will be harmed unless the court steps in before open enrollment ends.

  • November 05, 2026

    FCC To Consult With Tribes On NHPA Rules Covering Telecom

    The Federal Communications Commission will soon be talking with tribal government leaders about potential changes to the FCC's approach to rules under the National Historic Preservation Act.

  • November 05, 2026

    Pa. AG Held Immune In Row Over Ex-Agent's Separation Deal

    A former narcotics agent for the Pennsylvania Office of the Attorney General can't sue his ex-employer for breaking his separation agreement because breached employment contracts don't fall under the exceptions to the office's sovereign immunity, a state appellate panel regretfully concluded Thursday.

  • November 05, 2026

    Hawaii Seeks Toss Of Trump Admin's Immigrant Tuition Suit

    Hawaii is urging a Hawaii federal court to dismiss a Trump administration lawsuit targeting its provision of in-state college tuition and associated benefits to noncitizens that out-of-state citizens do not qualify for, arguing that the federal statutes the administration relies on are unconstitutional.

  • November 05, 2026

    Canada, China OK 2-Year Preferential Trade Extension

    Canadian exports of peas, canola, lobsters and crabs will continue to benefit from an extended preferential market access deal with China, Canada's international trade minister has announced.

  • November 05, 2026

    Colo. City's Voters Approve $4K Tax On Vacant Homes

    Vacant residential properties in Boulder, Colorado, will be subject to an excise tax starting at $4,000 annually under a ballot measure the city said was approved by voters.

  • November 05, 2026

    Full 5th Circ. Won't Hear Challenge To Machine Gun Ban

    The Fifth Circuit has denied a petition for an en banc hearing of a challenge by a Texas shooting club to the federal ban on machine guns, with nine of the judges voting against the hearing and eight voting for.

  • November 05, 2026

    US Finalizes Duty Evasion Findings For Cambodian Hangers

    The U.S. Department of Commerce on Thursday finalized its findings that steel wire clothes hangers completed in Cambodia using components from China or Vietnam are circumventing duties on those products from the two countries.

  • November 05, 2026

    Chinese Rubber Chemical Facing 285% US Antidumping Duty

    Imports of a chemical from China primarily used in rubber production are facing a possible major antidumping duty after the U.S. Department of Commerce on Thursday preliminarily found the chemical is being sold at less than fair value.

  • November 04, 2026

    Fintechs Prepare For Blue Wave's Flood Of Investigations

    Democrats rode Tuesday night's blue wave to take control of both chambers of Congress, scuttling the legislative hopes of a crypto industry that's now battening down the hatches for a flood of investigations into its ties to the Trump administration, consumer protection and financial crime.

  • November 04, 2026

    1st Circ. Revives Temu Suit Against IP Atty, Citing Jurisdiction

    The First Circuit has revived Chinese e-commerce company Temu's lawsuit accusing an intellectual property attorney of lying to secure settlements with a pair of clients, finding that the lower court failed to consider jurisdictional questions.

  • November 04, 2026

    Attys Consider Corporate Implications Of Blue Texas

    Texas attorneys have already started weighing new strategies in the wake of Texas' historic blue shift, led by a new attorney general and a new governor who have pledged to bring more industry regulation and consumer protections to the Lone Star State.

  • November 04, 2026

    Woman Tells 11th Circ. Sexual Assault Gag Clause Is Invalid

    A woman who claimed she was sexually assaulted by her former intimate partner asked the Eleventh Circuit on Wednesday to overturn a $2.7 million judgment against her for breaching a confidential agreement with the ex-partner, arguing the question of the contract's validity is one for a jury.

Expert Analysis

  • 4 Steps For Cos. Amid Russia Sanctions Law Uncertainty

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    Russian companies, their U.S. subsidiaries and businesses with Russian commercial relationships should take concrete steps to determine their exposure under ambiguous provisions of legislation that recently expanded the scope of U.S. sanctions, notwithstanding an Oct. 16 executive order waiving most of its restrictions, say attorneys at Wilk Auslander.

  • New Calif. Law Ties Finance Contracts To State Licensing

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    Under a California law taking effect in 2028, commercial financing licensing requirements have been substantially expanded — meaning that fintechs relying on limited regulatory enforcement will face risk from their own borrowers, who could use licensing failures to resist repayment, say attorneys at Husch Blackwell.

  • 3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

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    The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.

  • How FCC Robocall Rules Reshape TCPA Opt-Out Compliance

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    The Federal Communications Commission's recent changes to its Telephone Consumer Protection Act rules may simplify how businesses process consumer opt outs for robocalls and robotexts, but they also introduce nuances to the opt-out process that may be challenging to operationalize, say attorneys at Hunton.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

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    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

  • Managing Employer Risk Under Calif.'s No Robo Bosses Law

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    California's No Robo Bosses Act marks the state's first statutory limit on using artificial intelligence in employee discipline and termination decisions, creating exposure for employers through its corroboration and notice requirements, burden-shifting framework, and potential reach under the Private Attorneys General Act, say attorneys at Reed Smith.

  • IRS Rule May Put Private Schools' Exempt Status At Risk

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    In light of recently proposed Treasury regulations that would narrow the options for diversifying student communities, private schools should reexamine how race enters their admissions, financial aid and student programs or risk losing tax-exempt status, say attorneys at Atkinson Andelson.

  • AG Watch: Minnesota Takes Action To Secure Child Safety

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    Minnesota Attorney General Keith Ellison has built one of the most aggressive and structurally coherent child protection enforcement programs in the country, targeting consumer-facing sectors that his office has concluded prey on minors, such as tobacco and nicotine, social media platforms, and artificial intelligence, say attorneys at Crowell & Moring.

  • Southern Glazer's Deal Tests FTC's Robinson-Patman Push

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    A California federal court's recent decision in Federal Trade Commission v. Southern Glazer's secures a rare Robinson-Patman Act pricing limitations agreement, but conditions attached to the decision indicate that practitioners may only see a handful of new private RPA cases a year, says Steven Cernak at Bona Law.

  • Opinion

    The SEC Crypto Proposal Rests On A Term No One Can Define

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    The U.S. Securities and Exchange Commission's recently proposed Regulation Crypto Assets is its most ambitious attempt to set rules for the crypto industry, but its repeated use of the phrase "essential managerial efforts" means it perpetuates the uncertainty the regime is meant to cure, says Joseph A. Hall at Davis Polk.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

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    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Opening Up Fraud Talks With Customers After SAR Guidance

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    Federal financial regulators’ recent statement that the Bank Secrecy Act permits financial institutions to discuss potential fraud with customers, provided they don’t reveal the existence of any suspicious activity reports, means banks that have been tighter-lipped than regulations require can consider passing additional useful information on to customers, say attorneys at MoFo.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

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    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • Unpacking FDIC's Modernized Bank Merger Review Rules

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    The Federal Deposit Insurance Corp.'s proposed revisions to its Bank Merger Act review process are a shift from its more skeptical prior posture toward a more structured and transaction-facilitative approach, though some broader uncertainty remains concerning antitrust alignment with the U.S. Department of Justice, say attorneys at Simpson Thacher.

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