Public Policy

  • April 06, 2026

    3rd Circ. Backs Kalshi In Prediction Markets Battle With NJ

    A split Third Circuit panel on Monday backed a lower court's order blocking New Jersey from enforcing a sports gambling ban on trading platform KalshiEx, with the dissenting judge calling Kalshi's actions a "performative sleight" meant to hide that its products are sports gambling.

  • April 06, 2026

    Ute Tribe To Appeal Split-Estate Lands Ruling To 10th Circ.

    The Ute Indian Tribe says it will appeal a Utah federal court's determination that split estate lands within the Uintah and Ouray Indian Reservation are not Indian Country, by arguing the same issue the Tenth Circuit resolved in its favor more than four decades ago.

  • April 06, 2026

    High Court Passes On Challenge To Illinois Transit Gun Ban

    The U.S. Supreme Court on Monday denied plaintiffs' request to consider whether they had the right to bear arms on public Illinois transit, leaving a Seventh Circuit decision denying them this right intact.

  • April 06, 2026

    FERC Unlawfully Revived Pipeline Project, DC Circ. Told

    The Federal Energy Regulatory Commission flouted the Natural Gas Act and National Environmental Policy Act when it reauthorized a previously abandoned pipeline upgrade project in the Northeast, environmental and homeowner groups have told the D.C. Circuit.

  • April 06, 2026

    Can State Courts Tame The 'Wild West' Of Judicial Security?

    As threats against local judges continue to ramp up, protection and incident tracking varies not only from state to state but county to county, making it difficult to draw the national judicial security landscape. Now, lawmakers are looking to use federal resources to even out disparities.

  • April 06, 2026

    Nude Security Cam Appeal Befuddles Mass. High Court

    Justices of Massachusetts' highest court seemed inclined Monday to uphold a Martha's Vineyard resident's conviction for secretly recording a sexual encounter on a home security camera, but questioned whether sending a still image to only the victim could support a second conviction for "dissemination."  

  • April 06, 2026

    Top Court Paves Way To Wipe Out Pol's Bribery Conviction

    The U.S. Supreme Court on Monday vacated an appeals court's decision to uphold the conviction of a pardoned former Cincinnati council member for bribery and attempted extortion, effectively greenlighting federal prosecutors' motion to toss the case.

  • April 06, 2026

    Justices Clear Path For DOJ To Dismiss Bannon's Conviction

    The U.S. Supreme Court on Monday vacated an appeals court's order upholding Steve Bannon's conviction over his nonresponse to a congressional subpoena investigating the Jan. 6 insurrection, clearing the way for the Justice Department to dismiss his indictment.

  • April 06, 2026

    Justices To Mull Courts' Authority To Hear Vets' Benefits Suits

    The U.S. Supreme Court on Monday agreed to review a U.S. Army veteran's suit challenging the limit on disability benefits available to him as someone convicted of a felony and sentenced to a lengthy prison term, after the Eleventh Circuit dismissed his claims.

  • April 06, 2026

    Justices Vacate Grande ISP Case After Cox Copyright Ruling

    The U.S. Supreme Court on Monday directed the Fifth Circuit to reconsider a copyright verdict against Grande Communications Networks, vacating the lower court's ruling and sending the case back for further review following the justices' decision last month sparing another internet service provider from liability for its customers' music piracy.

  • April 06, 2026

    Justices Pass On Oklahoma Tribal Tax Case

    The U.S. Supreme Court declined Monday to review an Oklahoma high court ruling that denied tax-exempt status to a member of the Muscogee Creek Nation.

  • April 04, 2026

    Mass. Judge Blocks Trump's 'Chaotic' College Data Collection

    A Massachusetts federal judge has blocked the Trump administration's bid to collect seven years' worth of race and gender admissions data at colleges and universities, ruling the "rushed and chaotic manner" in which the government's order unfolded violated the law.

  • April 03, 2026

    Case-By-Case Guide As Justices Eye Landmark Pharma Law

    Drugmakers and prominent allies are inundating the U.S. Supreme Court with calls to scrutinize Medicare's new power to slash payments by tens of billions of dollars, and the justices look poised to take up or turn down a fistful of legal challenges in one fell swoop.

  • April 03, 2026

    Squires Facing Congressional Rebuke? That Sounds Familiar.

    U.S. Patent and Trademark Office Director John Squires ​may look like he's running the agency quite differently from predecessor Kathi Vidal​, with near opposite policies on patent reviews, but a bipartisan group of lawmakers last month gave Squires the same chastising about exceeding the director's authority that it had given Vidal years before.

  • April 03, 2026

    ABA, Ex-Judges And Many More Back BigLaw In EO Appeal

    Numerous bar associations, 239 former judges, 21 states, lawmakers and dozens of other amici curiae have thrown their weight behind BigLaw firms in the Trump administration's consolidated D.C. Circuit appeal seeking to revive executive orders targeting the firms, broadly arguing that the orders are an affront to foundational constitutional rights.

  • April 03, 2026

    Wash. DOC Inks Deal Over Trans Treatment In Facilities

    The Washington State Department of Corrections will start improving conditions for transgender, intersex and nonbinary people in its facilities and submit to yearly monitoring, according to a settlement agreement between the agency and a nonprofit in the state.

  • April 03, 2026

    Animal Rights Groups Jump Into 'Cage Free Egg' Fight

    Advocacy groups focused on animal welfare can intervene in the federal government's suit against Michigan over its laws defining "cage-free" eggs, a Michigan federal judge determined.

  • April 03, 2026

    Judge Sets Interest Rules In $540M BofA Payment Fight

    A D.C. federal judge said Bank of America NA must pay interest on a $540 million debt it owes the Federal Deposit Insurance Corp. based on a government-set rate for the time before the ruling and a standard federal rate for the time after, marking a step toward settling the parties' dispute on the proper formulas for calculating the payments.

  • April 03, 2026

    Internet Voice Providers Seek More Clarity On Robocall Rules

    Internet-based voice call providers think it's time that the Federal Communications Commission provides some clarity about the "know your customer" rules it has in place aimed at curbing robocall traffic by ensuring that providers know who they're dealing with.

  • April 03, 2026

    ​​​​​​​Top Groups Lobbying The FCC

    The Federal Communications Commission heard from lobbying groups nearly 150 times in March on issues ranging from competition in the broadcast media market to cutting-edge call networks, jail and prison phone call rates, robocall fraud, and more.

  • April 03, 2026

    Crypto Coder Seeks To Revive DOJ Challenge At 5th Circ.

    The cryptocurrency software developer who sued the government to protect his forthcoming project from any potential accusations of unlicensed money transmission is asking the Fifth Circuit to keep his lawsuit in play after a Texas federal judge tossed the challenge for failing to show a substantial threat of prosecution.

  • April 03, 2026

    Prosecution Laches Case At High Court Gets Groups' Backing

    Inventor groups and practitioner associations got behind a man's U.S. Supreme Court case challenging a doctrine that can nullify a patent if an owner delayed prosecution, with one brief saying Friday the U.S. Patent and Trademark Office "created its own misery" when reviewing the man's claims.

  • April 03, 2026

    DOJ Says Block On Maryland Detention Center Isn't Warranted

    The Trump administration told a Maryland federal judge there's no basis to block a project to convert an existing "mega warehouse" into an immigrant detention facility when it fulfilled environmental review duties and plans are still being finalized.

  • April 03, 2026

    Closing The Chapter On DOJ-Boeing 737 Max Criminal Case

    Boeing appears to have closed a chapter in the legal saga over the two 737 Max 8 crashes after a Fifth Circuit ruling underscored that courts cannot interfere with prosecutors' choices to bring criminal charges, dashing the hopes of victims' families for justice and accountability.

  • April 03, 2026

    States Warn Of Executive Overreach In $100K H-1B Fee Fight

    A group of 20 states challenging the Trump administration's $100,000 fee on H-1B visa petitions slammed its position that the policy isn't reviewable, telling a Massachusetts federal court the government would essentially have a blank check to usurp congressional authority under its rationale.

Expert Analysis

  • Series

    Judges On AI: Practical Use Cases In Chambers

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    U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.

  • Opinion

    Criminalizing Officials' Speech Erodes Trust In Justice System

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    Federal prosecutors reportedly investigating whether Minnesota officials’ public statements illegally impeded immigration enforcement is a dangerous overextension of obstruction law that would criminalize dissent and sow public distrust in law enforcement, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • Opinion

    Corporations Should Think Twice About Mandatory Arbitration

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    The U.S. Securities and Exchange Commission's recent acceptance of mandatory arbitration provisions in corporate charters and bylaws does not make them wise, as the current system of class actions still offers critical advantages for corporations, says Mohsen Manesh at the University of Oregon School of Law.

  • A Closer Look At California Financial Regulator's 2026 Agenda

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    California Department of Financial Protection and Innovation Commissioner KC Mohseni in recent remarks demonstrated the regulator's growing importance amid the Consumer Financial Protection Bureau's retreat by debuting expansive goals for 2026, including finalizing rulemaking for the state's digital asset law and expanding enforcement authority around consumer complaints, says John Kimble at Hinshaw.

  • California's New Privacy Laws Demand Preparation From Cos.

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    An increase in breach disclosures is coinciding with California's most comprehensive privacy and artificial intelligence legislation taking effect, illustrating the range of vulnerabilities organizations in the state face and highlighting that the key to successfully managing these requirements is investing in capabilities before they became urgent, says Camilo Artiga-Purcell at Kiteworks.

  • USPTO Initiatives May Bolster SEP Litigation In The US

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    The U.S. Patent and Trademark Office's recent efforts to revitalize standard-essential patent litigation face hurdles in their reliance on courts and other agencies, but may help the U.S. regain its central role in global SEP litigation if successful, say attorneys at Axinn.

  • Series

    Trail Running Makes Me A Better Lawyer

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    Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

  • Navigating New Risks Amid Altered Foreign Issuer Landscape

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    The U.S. Securities and Exchange Commission's potential rulemaking to redefine who qualifies as a foreign private issuer will shape securities regulation and enforcement for decades, affecting not only FPIs and U.S. investors but also the U.S.' position in global capital markets, says Elisha Kobre at Sheppard.

  • Predicting Actual Impact From CDC's New Vaccine Guidance

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    Recent federal changes to the childhood immunization schedule, reducing the number of vaccine recommendations from 18 to 11, do not automatically create enforceable obligations for parents, schools or healthcare providers, but may spur litigation and other downstream effects on school policies and state guidelines, says Mehdi Sinaki at Michelman & Robinson.

  • Open Questions After Defense Contractor Executive Order

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    The scope and long-term effects of President Donald Trump’s executive order on the U.S. defense industrial base are uncertain, but the immediate impact is significant as it appears to direct the U.S. Department of Defense to take a more active role in contractor affairs, say attorneys at Morgan Lewis.

  • Reflections From High Court Oral Args Over Fed Gov. Removal

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    In the oral arguments last month for Trump v. Cook, which asks the U.S. Supreme Court to clarify the circumstances under which the president can remove a Federal Reserve Board governor, the justices appeared skeptical about ruling on the substantive issues in view of the limited record and analysis, say attorneys at Ballard Spahr.

  • What NY's GHG Reporting Program Means For Oil, Gas Cos.

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    New York's new Mandatory Greenhouse Gas Reporting Program represents a significant compliance regime for the oil and gas industry, so any business touching the state's fuel market should determine its obligations, and be prepared to gather data, create a monitoring plan and institute controls for accurate reporting, say attorneys at White & Case.

  • USPTO's New Patentability Focus Helps Emerging Tech

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    The U.S. Patent and Trademark Office's recent efforts to shift patentability criteria back toward traditional standards of novelty, obviousness and adequate disclosure should make it easier for emerging tech, including artificial intelligence, to obtain patents, says Bill Braunlin at Barclay Damon.

  • What's At Stake In Possible Circuit Split On Medicaid Rule

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    A recent Eleventh Circuit decision, reviving Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, sets up a potential circuit split with the Fifth Circuit, with important ramifications for states looking to private administrators to run provider tax programs, say Liz Goodman, Karuna Seshasai and Rebecca Pitt at FTI Consulting.

  • How States Are Advancing Enviro Justice Policies

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    The federal pullback on environmental justice creates uncertainty and impedes cross‑jurisdictional coordination, but EJ diligence remains prudent risk management, with many states having developed and implemented statutes, screening tools, permitting standards and more, say attorneys at King & Spalding.

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