Public Policy

  • November 04, 2026

    Strand Bookstore To Pay $1.5 Million Over Improper PPP Loan

    New York's Strand Bookstore has agreed to pay nearly $1.5 million to resolve claims that it improperly applied for and received a Paycheck Protection Program loan that it was not eligible for, while under the control of the wife of U.S. Sen. Ron Wyden, D-Ore.

  • November 04, 2026

    NY Judge Won't Block State Ban On Local ICE Agreements

    A New York federal court declined to block a new state law barring local law enforcement from reaching voluntary agreements with the federal government to assist in immigration enforcement, finding that a group of sheriffs likely lack the capacity to sue.

  • November 04, 2026

    NM Broadband Officials Say State Still Needs E-Rate

    As the Federal Communications Commission considers the future of the E-Rate program, which subsidizes the cost of internet for schools and libraries, including whether to sunset it entirely, New Mexico has told the agency that ending the program would be a mistake.

  • November 04, 2026

    Senate Permitting Bill May Sink Beneath Blue Wave

    The chances of Congress passing legislation aimed at speeding permits for infrastructure projects plummeted as Democrats seized control of Capitol Hill in Tuesday's elections, and any related bill introduced in 2027 could look a lot different than the current version.

  • November 04, 2026

    DOJ Says Epshteyn Will Answer ABA Service Motion

    Trump advisor Boris Epshteyn will answer for himself why he has allegedly been evading subpoenas in the American Bar Association's legal challenge to the administration's law firm targeting campaign, the U.S. Department of Justice said on Wednesday.

  • November 04, 2026

    DOD Says It Has Resumed Wind Project Reviews

    The U.S. Department of Defense urged an Oregon federal judge to reject renewable energy backers' claim that the Pentagon has continued its unlawful freeze on reviewing proposed wind energy projects, saying reviews have resumed at every stage.

  • November 04, 2026

    Anti-Pot Group Eyes New Repeal Pushes After Mass. Loss

    After Election Day, anti-cannabis activists are pledging to bring repeal efforts to other states despite a decisive defeat in Massachusetts, while pro-cannabis industry and consumer-focused groups say they hope to work with a Democrat-controlled Congress to secure federal reform.

  • November 04, 2026

    Wash. Voters Reject Repeal Of Tax On Millionaires

    Washington will allow taxation of individual income and, in turn, keep a recently approved high-earner tax, the state's governor said Wednesday.

  • November 04, 2026

    NY Panel Tosses Challenge To Rollout Of NYC 2nd-Home Tax

    A New York state appeals court threw out a challenge lodged by homeowners to the rollout of New York City's tax on high-value second homes, saying they lacked standing to bring the suit.

  • November 04, 2026

    Wash. Justices Won't Hear Concrete Co.'s $649K Wage Appeal

    Washington's highest court declined to review a concrete company's challenge to a state agency's finding that it underpaid workers who used radar and X-ray imaging to scan concrete on a Seattle-area light rail bridge project, leaving the company on the hook for nearly $649,000 in unpaid wages and interest.

  • November 04, 2026

    Judge Says CFTC Likely Overstepped On Stock Perpetuals

    A New York federal judge said the U.S. Commodity Futures Trading Commission likely exceeded its authority when it signed off on the trading of perpetual contracts tied to individual stocks, but stopped short of hitting it with a temporary restraining order in a suit brought by a special interest organization backed by Cboe Global Markets Inc.

  • November 04, 2026

    Groups Ask 11th Circ. To Affirm Block Of Trump-IRS Deal

    A consumer advocacy organization and an ethics watchdog group urged the Eleventh Circuit on Wednesday to affirm a Florida federal judge's order finding President Donald Trump's $10 billion suit against the IRS and the resulting settlement deal lacked legitimate controversy, saying his suit threatens the judicial branch's integrity.

  • November 04, 2026

    Altria Tells 4th Circ. ITC Patent Cases Are Unconstitutional

    Altria has asked the Fourth Circuit to undo a district court decision allowing a patent case in the U.S. International Trade Commission brought against it by Juul to proceed, saying the Constitution dictates that private patent disputes belong in the courts.

  • November 04, 2026

    NJ Justices Skeptical Court Can Void Jersey City Sewer Pact

    The New Jersey Supreme Court appeared skeptical Wednesday that it had the authority to void a decades-old settlement agreement requiring Jersey City to pay for the water treatment costs of nine municipalities, with justices questioning whether they were being asked to overrule the state's sewage authority law.

  • November 04, 2026

    Gene Firm Sues Pentagon Over 'Chinese Military' Label

    A Chinese genetic sequencing company has sued the Pentagon, saying it was wrongly labeled a "Chinese military company" without a warning or a chance to respond.

  • November 04, 2026

    Witness Against Fugitive Conn. Budget Official Gets Probation

    A witness who testified that she hired the daughter of fugitive Konstantinos Diamantis under pressure was sentenced Wednesday to two years of probation after cooperating with the FBI and admitting to one count of conspiring to bribe the former Connecticut budget official.

  • November 04, 2026

    AGs Say Taro's $200M MDL Deal Doesn't Bar Their Claims

    Dozens of state attorneys general urged a Connecticut federal judge Tuesday not to let Taro Pharmaceuticals block a swath of their price-fixing claims with a $200 million settlement it struck with plaintiffs in separate multidistrict litigation, arguing the claims and plaintiffs are too separate to bind one another.

  • November 04, 2026

    Ex-Utility Regulator's $2,500 Fine Suit Meets Skeptical Judge

    A Connecticut judge appeared skeptical Wednesday of former Public Utilities Regulatory Authority chair Marissa P. Gillett's bid to keep alive a lawsuit challenging a $2,500 open records commission fine, pushing Gillett's lawyer to concede that because the authority tendered payment, the ex-chairperson was no longer personally on the hook.

  • November 04, 2026

    7th Circ. Probes Milwaukee Tool's Forced-Labor Liability

    Seventh Circuit judges grappled Wednesday with whether a federal anti-trafficking law allows a former Chinese prisoner to sue Milwaukee Tool over allegations it sold gloves made with forced prison labor in China, questioning the international consequences of allowing private lawsuits over foreign conduct and probing whether the company's alleged profits from that labor in the United States are sufficient to keep the case alive.

  • November 04, 2026

    Michigan Think Tank Sues To Block Newly Passed Proposition

    A nonprofit organization in Michigan sued the state's attorney general and secretary of state in federal court late Tuesday night seeking to block the implementation of a campaign finance transparency proposition that was approved by 81% of voters.

  • November 04, 2026

    ICE Must Free Detainee Rearrested At Detention Center

    A federal judge in Colorado ordered immigration officials to immediately release a detainee who was rearrested by U.S. Immigration and Customs Enforcement officers before leaving the detention center grounds, arguing cruelty was the motivation.

  • November 04, 2026

    SpaceX Says Data Shows Need To Sunset High-Cost Program

    SpaceX has urged a Federal Communications Commission member to consider a phaseout of a high-cost program that serves rural areas, pointing to new data it says shows increasing overlap between subsidized and competing services.

  • November 04, 2026

    State AG Race Wins Set To Give Dems Control Of Most Offices

    Democrats are poised to oversee a majority of state attorneys general offices around the country after Tuesday's elections saw the party hang on to all of its existing seats and flip control of five offices from the Republicans, according to unofficial election results.

  • November 04, 2026

    Fla. Judge Won't Allow Blanche Deposition In Epstein Suit Yet

    A Florida federal magistrate judge said Wednesday he might consider allowing the deposition of U.S. Attorney General Todd Blanche in a suit alleging the FBI mishandled a sex trafficking investigation into Jeffrey Epstein, but said the parties need to engage in more discovery first.

  • November 04, 2026

    1st Circ. Sees Mass. Promise To Robinhood As 'Cold Comfort'

    First Circuit judges on Wednesday appeared sympathetic to Robinhood's bid to have a federal court determine if Massachusetts can regulate prediction markets, with two judges calling the state's temporary promise not to sue the fintech platform "cold comfort." 

Expert Analysis

  • Tort Liability When AI Goes Rogue: Product Liability

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    The recent Hugging Face cyberattack led by artificial intelligence agents, as well as reports from AI companies themselves, suggest that sometimes there may be no reasonable way to predict or prevent harm by rogue agentic AI — but product liability law could provide a remedy in some cases, says Donald Hawthorne at Carter Ledyard.

  • Where Species And Wetlands Reg Rollbacks Leave Cos.

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    The current administration's rollbacks of regulations covering waters of the U.S. and endangered species may ease permitting burdens and shorten approval timelines, but those potential benefits are tempered by state-level protections, likely legal challenges and possible reversals by a future administration, say attorneys at White & Case.

  • 3 Strategies To Reduce AI Sycophancy In Legal Work

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    The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.

  • Opinion

    Justices' Climate Ruling Should Preserve State Tort Claims

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    As recent oral arguments in Suncor Energy v. Boulder County demonstrated, the case hinges on long-standing principles of federalism that allow state and local governments to protect their resources and citizens — and if the justices rule based on precedent, Suncor should lose, says William Buzbee at Georgetown University Law Center.

  • Accenture's FCA Deal Shows DEI Risks For Gov't Contractors

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    The U.S. Department of Justice recently settled allegations that Accenture falsely certified compliance with antidiscrimination requirements in its federal contracts, underscoring how diversity goals can become a False Claims Act issue when the company requests payment from the government, say attorneys at Bass Berry.

  • DOJ Directive Gives Contractors A Fraud Risk Road Map

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    For government contractors, the 10 factors described in the U.S. Department of Justice's recent corporate fraud enforcement directive function as a de facto scoring rubric for internal audits that mirrors what prosecutors will prioritize, say attorneys at Spencer Fane.

  • Key Risk Assessment Gaps To Note From NY Cyber Guidance

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    Covered entities should take a fresh look at the compliance gaps flagged in recent New York State Department of Financial Services guidance on "deficient cybersecurity programs," particularly around scope, asset inventories and documentation, say attorneys at Mayer Brown.

  • Tort Liability When AI Goes Rogue: Strict Liability

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    If artificial intelligence agents misbehave in unpredictable ways, and no reasonable precaution can prevent resulting harms, then a negligence regime may not provide sufficient remedy, and strict liability might be adapted to cover agents' misconduct — but the common notion of strict liability fits this situation imperfectly, says Donald Hawthorne at Carter Ledyard.

  • 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.

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