Public Policy

  • October 28, 2026

    RNC Files New Suit Over FCC's Campaign Ad Rates

    The Republican National Committee, Republican Party of Texas and several Republican candidates Wednesday filed a fresh suit over the Federal Communications Commission's longtime requirement that broadcasters charge the lowest political ad rates for committees tied to candidates, calling it "a drag on First Amendment freedoms."

  • October 28, 2026

    CFTC's Selig Vows 'Grounded' Oversight Of Agentic Finance

    U.S. Commodity Futures Trading Commission Chairman Michael Selig said Wednesday that his agency plans to take a "grounded" approach to agentic finance that's also mindful of the risks it poses and courted industry feedback on how to address the rise of artificial intelligence in derivative markets.

  • October 28, 2026

    Landlord's Suit Over Seattle Tenant Laws Revived On Appeal

    A Washington Court of Appeals panel has reinstated a real estate company's challenge to a string of Seattle landlord-tenant laws, finding the firm has adequately detailed how the contested ordinances stunted its property rights as the owner of a downtown affordable housing development.

  • October 28, 2026

    Product Liability's Regulatory & Legislative Recap So Far

    Over the summer and early fall, lawmakers proposed measures aimed at putting safeguards around the rapidly growing industry of artificial intelligence, as public concerns over its safety climb in tandem. The new nominee to head the U.S. Food and Drug Administration also faced sharp queries over her views on vaccines and birth control.

  • October 28, 2026

    Eagle Hunt Blocked Over NM Tribes' Religious Harm Fears

    A New Mexico federal judge has for now blocked the U.S. government from issuing special permits that would allow the Pueblo of Jemez tribe to kill one bald or golden eagle within the Valles Caldera National Preserve, ruling Wednesday that such a "taking" would burden other pueblos.

  • October 28, 2026

    TB Outbreak In Wash. Prisons Yields $52M Damages Verdict

    Washington jurors returned a $52 million verdict in favor of 23 plaintiffs who accused the state's Department of Corrections of allowing an active tuberculosis outbreak to fester and spread to hundreds of people at its prison facilities over nearly two years.

  • October 28, 2026

    PayPal's Financial Offerings Are Under Fresh FTC Scrutiny

    PayPal has disclosed that it is facing a Federal Trade Commission investigation into its financial products and services, including marketing, fees and purchase protections.

  • October 28, 2026

    CFPB Audit Flags Cybersecurity Gaps Amid Staff Departures

    The Consumer Financial Protection Bureau has failed to promptly fix serious cyber weaknesses and consistently track data in its possession as staffing losses have hampered the agency's ability to safeguard its systems, according to a federal watchdog audit released Wednesday.

  • October 28, 2026

    State Dept. Owes $461M For Work During COVID, Builder Says

    Trump administration officials reneged on the U.S. Department of State's agreement to pay an Alabama-based construction giant for cost overruns while it continued working on a dozen embassy projects during the COVID-19 pandemic, according to the company's Wednesday lawsuit that seeks at least $461 million in damages.

  • October 28, 2026

    Missouri, Louisiana Sued By Prediction Market Giants

    Missouri and Louisiana are the latest states to become embroiled in litigation with event contract platforms, after Kalshi and Polymarket sued them, respectively, to prevent pending enforcement action.

  • October 28, 2026

    MSU Trustee Says Ethics Code Violates First Amendment

    A Michigan State University trustee filed a federal civil rights lawsuit against the board chair and secretary Wednesday, alleging that recent revisions to the board of trustees code of ethics are unconstitutional and intended to silence trustees who criticize the university or dissent from majority decisions.

  • October 28, 2026

    SC Gov.'s Counsel Still In The Running For Federal Judgeship

    The chief legal counsel for South Carolina Gov. Henry McMaster is "being actively considered" for a federal judgeship, according to the White House, but it's not a done deal yet.

  • October 28, 2026

    Patients Tell Colo. Justices Hospital Defied Gender Care Order

    Transgender youth patients of Children's Hospital Colorado are challenging a judge's discharge of their contempt citation against the hospital for not resuming the provision of medical gender-affirming care to them, urging Colorado's justices to decide whether the hospital complied with an injunction prohibiting it from refusing to provide the care.

  • October 28, 2026

    Interior Says Records Order Not Needed For Golf Course Suit

    The U.S. Interior Department told a D.C. federal judge Wednesday there's no need to order it to retain records on East Potomac Golf Course tree removals or makeover plans in a case where its assertions have often conflicted with President Donald Trump's online posts.

  • October 28, 2026

    FTC Probes Delta, Uber, Others Over Data-Driven Pricing

    The Federal Trade Commission is pressing Delta, Uber, Target and a half-dozen other companies to detail how they're using personal data to set individualized pricing for consumers and compensation for workers, marking the latest escalation of the agency's growing scrutiny of the increasingly prominent business practice.

  • October 28, 2026

    4th Circ. Judge Sees 'Big Brother' In Va. Social Media Limits

    A Fourth Circuit judge Wednesday expressed concern with a Virginia law limiting children's access to social media, telling counsel for the commonwealth that the provision has a "Big Brother atmosphere" to it and suggesting he'd back the district court's injunction halting enforcement of the regulation.

  • October 28, 2026

    Wash. Gov. Creates Fraud Post, Backs Broader Medicaid FCA

    As part of a push to expand fraud prevention efforts in Washington, Gov. Bob Ferguson signed an executive order Tuesday to create a new chief fraud prevention officer position and a statewide fraud prevention work group, also announcing forthcoming legislation that would broaden the state's Medicaid False Claims Act.

  • October 28, 2026

    City Says Waiver And Federal Pot Ban Beat Licensing Suit

    A cannabis company that spent $1.7 million to open a dispensary in a town on the shores of the Great Lakes cannot sue the city or its officials for failing to issue allegedly promised retail licenses, the municipality told a federal court, saying the business signed a waiver that bars litigation.

  • October 28, 2026

    7th Circ. Takes Up Ill. Ban On Firearm Silencers

    A Seventh Circuit panel questioned Wednesday whether firearm silencers should be considered part of a constitutionally protected weapon or are merely optional accessories, as gun owners seeking to overturn Illinois' ban argued the devices improve firearms' functionality and protect users from hearing damage.

  • October 28, 2026

    Sportsbooks Say DC Law Bars Bettor Loss Recovery

    Sportsbook operators are urging the D.C. Circuit not to revive a lawsuit challenging the legality of their operations there, arguing the city expressly excluded licensed sports wagering from the statute being invoked to recover losses for bettors.

  • October 28, 2026

    USPTO Removed 14,000 Invalid TM Filings In Fiscal 2026

    The U.S. Patent and Trademark Office took off more than 14,000 improper trademark filings from the Federal Register and removed more than 42,000 unused goods and services from registrations in the 2026 fiscal year, agency officials said at a webinar Wednesday.

  • October 28, 2026

    DC Judge Finds Trump Ads Likely Broke Propaganda Ban

    A D.C. federal judge once again blocked taxpayer-funded campaign-style television ads for President Donald Trump from hitting the air Wednesday, ruling that the Democratic National Committee, which challenged the spots earlier this month, was likely to succeed on its claim that the spending violated a congressional ban on propaganda.

  • October 28, 2026

    ICE Sued After Detainees Removed From Online Locator

    Legal aid organizations said Wednesday a U.S. Immigration and Customs Enforcement database no longer shows where detainees with final removal orders are being held, claiming in a lawsuit the move has made it difficult to reach their clients.

  • October 28, 2026

    Robinhood Agrees To Pause Sports Event Contracts In Ohio

    Robinhood Markets Inc. on Wednesday said it struck an agreement with Ohio's gaming commission to stop offering new sports-related event contracts in the Buckeye State in exchange for an enforcement reprieve while litigation over the contracts' legality plays out in federal courts.

  • October 28, 2026

    FCC Wants To Loosen Rules For Jamming Cell Phones

    The Federal Communications Commission plans to legalize cellphone signal jamming, at least when it comes to phones that have been snuck into prisons, the head of the agency revealed at a Wednesday press conference in Arkansas.

Expert Analysis

  • Where SEC's Transfer Agent Plan Would Change Compliance

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    The U.S. Securities and Exchange Commission’s recent proposal to update the federal regulatory framework for transfer agents would comprehensively modernize the old task-specific regime by centering speed, operational resilience, compliance governance and technology-neutral recordkeeping, say attorneys at Morgan Lewis.

  • Open Issues After 2nd Circ.'s Airport Phone Search Ruling

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    While the Second Circuit’s recent U.S. v. Alisigwe decision confirms border agents' broad authority to conduct routine manual cellphone searches at ports of entry, significant questions remain about more wide-ranging forensic searches at the border, say attorneys at Baker Botts.

  • FTC's Changing Model Raises Questions About Its Mission

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    Federal Trade Commission leaders have recently sketched a vision of an agency that continues an enforcement role distinct from the U.S. Department of Justice's, even as a shift toward greater presidential control makes enforcement more responsive to changes in administrations, say attorneys at Wiley.

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • The Future Of PCAOB Enforcement After Post-Jarkesy Win

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    While the Public Company Accounting Oversight Board recently defeated procedural and structural challenges to its enforcement program in D.C. federal court, it's unclear what claims and sanctions the PCAOB can bring against respondents — and whether it's interested in instituting disciplinary proceedings generally, says Mike Plotnick at King & Spalding.

  • Tort Liability When AI Goes Rogue: Negligence Theory

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    If reasonable care in the use of artificial intelligence agents cannot eliminate the risk of third-party harm, then AI companies and users of AI agents must consider whether negligence theory provides an adequate framework for assessing harm caused by agents that go rogue, says Donald Hawthorne at Carter Ledyard.

  • DC Circ. Ruling Clarifies Standards For Buy America Waivers

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    The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.

  • How Senate-Passed Bill May Reshape NCAA Antitrust Liability

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    With the U.S. Senate's recent passage of the Protect College Sports Act, practitioners should not wait for the U.S. House of Representatives' approval to prepare for shifts in potential antitrust protections, compensation, media rights deals and conference mergers, say attorneys at Norton Rose.

  • Uniting BSA, Sanctions Compliance As Treasury Targets Iran

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    The past 18 months of Treasury Department policies demonstrate expectations that financial institutions not merely obey sanctions against Iran, but also help expose how it moves money, making it essential that banks eliminate silos between their Bank Secrecy Act and sanctions compliance teams for an integrated response, says Jonathan Harrington at Bradley Arant.

  • Digging Into Dems' Letter On Subpoena Secrecy Demands

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    Lawmakers’ recent letter arguing that federal agencies’ use of boilerplate nondisclosure language in subpoenas pressures recipients into silence may lead to a significant overhaul of the current framework, but in the meantime, companies should review their rights and options, say attorneys at Crowell & Moring.

  • How Bank Lobby's Suit Tests OCC's Crypto Charter Powers

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    The Independent Community Bankers of America’s recent lawsuit challenging the Office of the Comptroller of the Currency’s ability to charter cryptocurrency companies marks another chapter in the struggle over the appropriate regulatory framework for digital assets, while raising a classic administrative law question at its most basic level, say attorneys at Ballard Spahr.

  • 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.

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