Public Policy

  • April 01, 2026

    Split Pa. Justices Rule No Deception In Ricoh's 'Silence'

    Vendors in Pennsylvania are liable for "deception by omission" only if they had a duty to alert consumers about a potential product defect, a split Pennsylvania Supreme Court ruled in a suit against the maker of Pentax cameras alleging that it should have disclosed a shorter product lifespan than customers might have expected.

  • April 01, 2026

    Feds Sue NJ Town Over Building Electrification Ordinance

    The federal government has told a federal court that a New Jersey municipality overstepped its legal authority by requiring new apartment buildings with 12 or more units to use only electric heating.

  • April 01, 2026

    Monthly Merger Review Snapshot

    The Justice Department allowed Live Nation to keep Ticketmaster while state attorneys general continue to sue, a $14 billion Boston Scientific deal drew Federal Trade Commission scrutiny, state enforcers challenged Nexstar's purchase of Tegna, and a threatened FTC challenge forced the abandonment of a laser eye surgery deal.

  • April 01, 2026

    4 Million Trump Accounts Established, IRS Says

    More than 4 million children have been signed up for the new type of individual retirement account known as a Trump account, with more than a quarter of them eligible to receive $1,000 contributions through a pilot program, the Internal Revenue Service said.

  • April 01, 2026

    Feds Can't Block Calif. Law Banning New Drilling Near Homes

    A California federal judge has refused to block enforcement of a California statute banning new fossil fuel development within 3,200 feet of homes and schools, ruling the U.S. government failed to show the statute conflicts with federal law since it limits environmental emission impacts and "arguably furthers federal objectives."

  • April 01, 2026

    17 State AGs Challenge EPA's Repeal Of Coal Plant Air Regs

    Attorneys general from Illinois and 16 other states urged the D.C. Circuit on Tuesday to undo the Trump administration's recent rollback of Biden-era caps on mercury and other toxins in air pollution from coal- and oil-fired power plants, warning the loosened standards threaten public health and the environment.   

  • April 01, 2026

    9th Circ. Nixes 3-Strikes Enhancement In Meth Conviction

    The Ninth Circuit has ordered that a new sentence for drug trafficking be given to a man who successfully argued in a self-filed motion that his attorney failed to challenge a sentence enhancement for career offenders.

  • April 01, 2026

    DOL, HHS Must Face Unions' Claims In DOGE Data Suit

    The U.S. Departments of Labor and Health and Human Services must continue facing claims that they illegally gave Elon Musk's Department of Government Efficiency access to employee records, as a D.C. federal judge denied the agencies' bid to escape the union-brought allegations before the trial phase.

  • April 01, 2026

    FCC Strives For 'Supremacy' In US Drone Manufacturing

    The Federal Communications Commission's leadership wants the public to weigh in on how regulators can help the U.S. private sector reach global dominance in drone manufacturing and operations.

  • April 01, 2026

    Colo. Judge Voids Opt-Out Rule, Leaves Primary Law Intact

    A Colorado federal judge struck down an opt-out restriction in the state's semi-open primary system while leaving the broader framework in place, finding the state's requirement that political parties meet a three-fourths supermajority vote to exit the system unconstitutional.

  • April 01, 2026

    Harvard Researcher Can Get Docs On Prosecution Motives

    A Massachusetts federal judge ruled Wednesday that a Harvard Medical School researcher and Russian national charged with smuggling frog embryo specimens can see emails and other documents regarding the government's decision to prosecute her, citing evidence the case was "vindictive."

  • April 01, 2026

    Mich. Says ICE Illegally Skipped Enviro Review For Warehouse

    Michigan and one of its cities asked a federal court Wednesday to temporarily block U.S. Immigration and Customs Enforcement from converting a warehouse into a detention center, arguing the federal government didn't notify local officials about the project and didn't conduct required environmental reviews.

  • April 01, 2026

    California Tribes Say Feds Skirted Casino Land Trust Rules

    Two California tribes and a nonprofit are urging a district judge to deny the Interior Department's bid for summary judgment in their challenge to a decision to place 221 acres of indigenous territory into trust for the development of a resort and casino, saying the agency blatantly violated federal law "at every turn."

  • April 01, 2026

    AGs Put $10M Price Tag On Beating Kroger-Albertsons Merger

    The nine attorneys general who successfully sued to block Kroger's failed $24.6 billion acquisition of Albertsons requested over $10 million in attorney fees and litigation expenses Tuesday, arguing that the scale of the litigation and the more than $1 billion the grocery chains spent fighting it justified the amount.

  • April 01, 2026

    9th Circ. Says Judge Likely Overreached In No-Bond Ruling

    The Ninth Circuit has stayed a California federal judge's ruling vacating a Board of Immigration Appeals decision stripping immigration judges of authority to grant release on bond, finding the district court likely exceeded its authority in doing so.

  • April 01, 2026

    Judiciary Seeks More Security Funding Amid Threat Surge

    Court security is a top concern for the federal judiciary in its recently released budget request for fiscal 2027.

  • April 01, 2026

    Group Warns ITC Against Tariffs After Vote On Quartz Imports

    A coalition of small-business quartz fabricators claimed that the U.S. International Trade Commission vote Wednesday determining that recent quartz imports harm domestic producers may cost the industry jobs in a move that could lead to new tariffs, according to press releases.

  • April 01, 2026

    'I Don't Like Bullies': NC Committee Advances Bar Reforms  

    A North Carolina legislative committee tasked with probing the state bar's grievance process signed off on a slate of recommendations Wednesday that would slash the bar's appointment powers, as a committee co-chair recalled the "begging" that prompted the proposals and the "bullying" that followed them.

  • April 01, 2026

    Trump Seeks June 1 Bill To Fund ICE, Border Patrol

    Republican leadership in the House and Senate are on board with President Donald Trump's request Wednesday to send him a bill by June 1 to fund the entire U.S. Department of Homeland Security, including U.S. Immigration and Customs Enforcement and Border Patrol.

  • April 01, 2026

    Justices' Cox Decision Fuels Debate Over DMCA's Relevance

    The U.S. Supreme Court's unanimous decision last week shielding Cox Communications from contributory copyright liability and wiping out a massive piracy verdict against the internet service provider has sparked a debate over how much the Digital Millennium Copyright Act's safe harbor provision still matters.

  • April 01, 2026

    Mass. Cannabis Businesses Say Repeal Bid Misleads Voters

    A coalition of Massachusetts cannabis business owners Wednesday challenged the constitutionality of a proposal to repeal retail marijuana legalization at the ballot box this November.

  • April 01, 2026

    Stick With Lowest Ad Rates For Candidates, FCC Warns

    The Federal Communications Commission has reminded broadcasters they must charge the lowest rate available to legally qualified political candidates and their advisory committees.

  • April 01, 2026

    Colorado, Denver Beat DOJ Challenge To Sanctuary Laws

    A federal judge has tossed the Trump administration's challenge of sanctuary laws in Colorado and Denver, holding that any ruling in the administration's favor would violate the Constitution by allowing the federal government to compel states and cities to help enforce its immigration priorities.

  • April 01, 2026

    High Court Appears Skeptical Of Trump's Birthright Order

    The U.S. Supreme Court seemed dubious Wednesday of President Donald Trump's attempt to limit birthright citizenship, with the majority of justices struggling to see how the administration's argument was supported by the constitutional text. 

  • April 01, 2026

    ABA Suit Over Trump's Crackdown On Firms Moves Forward

    A D.C. federal judge has ruled the American Bar Association may pursue a challenge to the Trump administration's series of executive orders targeting law firms, finding the organization plausibly alleged the orders posed a "realistic threat" to its members.

Expert Analysis

  • Key Takeaways From The 2026 ABA Antitrust Spring Meeting

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    Last week's American Bar Association Spring Meeting revealed an antitrust landscape defined by heightened friction and tension — between federal and state enforcers, domestic and international regimes, competing political visions, and traditional enforcement tools and novel challenges, say attorneys at Skadden.

  • State FARA Laws Pose Unique Constitutional Challenges

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    Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Informal Announcements Are Reshaping FDA Regulations

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    The U.S. Food and Drug Administration's recent shift toward using press releases, podcasts and other informal channels to announce major policy changes reflects a valid desire to modernize and accelerate regulatory efforts, but it could lead to diminished transparency, increased industry burden and reduced policy durability, says Rachel Turow at Skadden.

  • Motorola Case Shows Reach Of NLRA Dishonesty Protections

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    A recent National Labor Relations Board case, involving a Motorola employee who was terminated for lying about discussing wages, illustrates the broad reach of National Labor Relations Act protections for concerted activity, which may take on new significance as the agency shifts toward more restrained enforcement, say attorneys at BakerHostetler.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

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    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • OhioHealth Suit Signals Higher Antitrust Heat On Hospitals

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    The recent antitrust lawsuit against OhioHealth by the U.S. Justice Department and Ohio attorney general shows that federal and state enforcers are closely examining the competition issues in the healthcare sector, including restrictive contracts and antisteering practices, say attorneys at Freshfields.

  • OCC Rule Tests Nonfiduciary Powers Of Trust Banks

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    The Office of the Comptroller of the Currency's updates to its final rule on national bank chartering, effective April 1, may augur a showdown between the OCC, states and traditional banking institutions over both the authority of national trust banks to engage in nonfiduciary activities under the National Bank Act, and the scope of federal preemption, says Audrey Carroll at Stinson.

  • Proposed Oracle Act Tests NY's Prediction Markets Clout

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    New York's proposed Oracle Act could if passed force a high-stakes showdown over event contracts in the prediction markets as well as state gambling laws, and legal practitioners should closely monitor litigation, parallel developments in other states, Commodity Futures Trading Commission rulemaking and congressional action, says Linda Goldstein at CM Law.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

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    The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

  • How Cos. Can Prepare For California's Textile Recovery Act

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    Staged implementation of California's Responsible Textile Recovery Act, establishing the state's first extended producer responsibility program for apparel and textile articles, has begun — and companies that review their data readiness, contracts and exposure risks now will be best prepared when the act comes into full effect, says Thierry Montoya at FBT Gibbons.

  • 'A-C-T' Agenda Signals New Regulatory Era At SEC Speaks

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    At this year's SEC Speaks, U.S. Securities and Exchange Commission Chairman Paul Atkins unveiled his ambitious A-C-T agenda — advance, clarify and transform — to align the federal securities regulatory regime with modern markets, illustrating that the conference was not merely a status update but an action plan, say attorneys at Perkins Coie.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

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