Public Policy

  • August 04, 2026

    DOJ Calls Connecticut ICE Law 'Blantantly Unconstitutional'

    The U.S. Department of Justice pushed back against Connecticut's bid to toss the federal government's legal challenge to a state law subjecting in-custody deaths to state oversight, requiring federal agents to wear identifying badges, and banning law enforcement officers from wearing facemasks, calling the act "blatantly unconstitutional."

  • August 04, 2026

    5th Circ. Hints Texas App Age-Check Law Needs More Review

    A Fifth Circuit panel wanted to know whether the lower court should have gone "provision by provision" before halting a Texas law that requires app store owners to block minors from downloading apps without parental consent, suggesting the lower court needed to do more while weighing the legislation's constitutionality.

  • August 04, 2026

    States Warn SEC Against 'Unlawful' Climate Rule Withdrawal

    A coalition of Democratic attorneys general are warning the U.S. Securities and Exchange Commission that its plan to discard a corporate climate disclosure regulation is "unlawful," adding their voices to a chorus of state and local pension funds urging the agency to abandon the planned regulatory withdrawal.

  • August 04, 2026

    Google Accused Of Antitrust Behavior In Ad Tech Practices

    A rival technology company has accused Google of violating antitrust law by restricting competition in digital advertising markets.

  • August 04, 2026

    3rd Circ. Won't Give Ex-Olympus Exec Another Go At FCA Suit

    The Third Circuit has declined to revive a whistleblower suit by Olympus Corp.'s former employee who claimed he was fired after reporting FDA regulatory violations, ruling Tuesday that he failed to state a retaliation claim under the False Claims Act since he didn't link his concerns to a reasonable belief that Olympus defrauded the government.

  • August 04, 2026

    DC Circ. Says Feds' $629M Settlement Belongs In Terror Fund

    The federal government must deposit $629 million earned from settled bank fraud and sanctions violation charges against a tobacco company into a fund supporting victims of state-sponsored terror, the D.C. Circuit ruled Tuesday, favoring two victims of terror attacks in Lebanon.

  • August 04, 2026

    OpenAI To Pay $3.2M In DOJ Visa Worker Bias Settlement

    OpenAI and its subsidiary will pay $3.2 million to settle allegations from the U.S. Department of Justice's Civil Rights Division that the technology giant discriminated against U.S. workers in favor of workers with temporary employment visas in violation of the Immigration and Nationality Act, the DOJ announced Tuesday.

  • August 04, 2026

    Paramount-Warner Merger Challenges Get March 2027 Trial

    The California federal judge overseeing challenges of Paramount Skydance Corp.'s planned $110 billion purchase of Warner Bros. Discovery set a trial date for March 2027.

  • August 04, 2026

    5th Circ. Revives Penske Vicarious Liability Suit

    The Fifth Circuit Tuesday revived a lawsuit alleging trucking services giant Penske Logistics LLC and its freight broker affiliate Penske Transportation Management LLC are vicariously liable for a fatal 2018 Texas collision, after the U.S. Supreme Court's recent Montgomery ruling reshaped brokers' liability exposure.

  • August 04, 2026

    Colo. Judge Tosses DOJ's Suit Seeking State Voter Data

    A Colorado federal judge has ruled the Trump administration can't force Colorado Secretary of State Jena Griswold to hand over an unredacted copy of the state's voter registration list, after finding the government has no right to the records under the Civil Rights Act.

  • August 04, 2026

    DC Circ. Upholds Injunction Forcing EPA To Fund Clean Energy

    A split D.C. Circuit affirmed a lower court decision blocking the Trump administration from freezing $20 billion in clean-energy grant money Tuesday, overturning a divided circuit panel decision from September that vacated the injunction and would have allowed the administration to claw back the funding.

  • August 04, 2026

    Tech Cos. Say FCC Must Keep Unlicensed Device Framework

    The FCC plans to vote later this week to open up 200 megahertz of unlicensed spectrum for satellite use, but Broadcom Inc., Intel Corp. and Cisco Systems Inc. think there are a few ways the agency could better "emphasize" its point that the current spectrum framework shouldn't be undermined.

  • August 04, 2026

    5th Circ. Weighs KKK Act For 'Trump Train' Driver

    A Fifth Circuit judge wanted to know why the Ku Klux Klan Act should apply to a member of the "Trump Train" convoy who collided with a campaign vehicle in 2020, questioning Tuesday whether supporters of then-presidential nominee Joe Biden fell under the law's description.

  • August 04, 2026

    Search Rival, Advocates Back DOJ Against Google In DC Circ.

    Academics, policy experts, advocacy groups and several rivals lent their voices Tuesday to the U.S. Department of Justice's defense of its monopolization win over Google, while urging the D.C. Circuit to strengthen the "relatively modest remedies" they say leave Google able to dominate both search and artificial intelligence.

  • August 04, 2026

    NYC Extends Deadline For Pied-À-Terre Tax Exemptions

    New York City Mayor Zohran Mamdani has extended the deadline for applying for exemptions from a "pied-à-terre" tax on second NYC homes that the city values at $1 million or more, setting the new deadline as Sept. 18.

  • August 04, 2026

    Texas Hemp Suit Says Federal Law Preempts State Policy

    A trio of hemp interests have brought a new federal lawsuit against Texas officials challenging the constitutionality of new state-led restrictions redesignating intoxicating hemp products as Schedule I substances.

  • August 04, 2026

    Full 11th Circ. Says Fla. Can Enforce Drag Show Law

    A full panel of Eleventh Circuit judges on Tuesday handed a win to Florida and issued a split opinion vacating an order halting enforcement of a state law prohibiting children at drag shows, finding it wasn't unconstitutionally vague and that the lower court lacked authority to issue a broad injunction.

  • August 04, 2026

    States Sue Trump Admin Over Aid Recipients' Data Disclosure

    New York, Illinois and 20 other states sued the Trump administration Monday to block a new policy that would authorize the disclosure of sensitive personal information, including Social Security numbers and immigration status, of their residents receiving temporary financial assistance.

  • August 04, 2026

    Fla. AG Requests Impeachment Probe Into 11th Circ. Judge

    Florida's Attorney General said Monday he is asking Congress to open an impeachment inquiry into U.S. Circuit Judge Nancy Abudu because of work she did before ascending to the Eleventh Circuit bench for the Southern Poverty Law Center.

  • August 04, 2026

    Commerce Targets Dec. Restart For Digital Equity Grants

    The U.S. Department of Commerce should be ready to start accepting applications for the reinstated Digital Equity Competitive Grant Program, the Trump administration has told a D.C. federal judge after he struck down part of the law behind the grant as unconstitutional.

  • August 04, 2026

    Milwaukee Radio Licensee Resolves FCC Probe For $8K

    A Milwaukee radio station licensee reached a consent decree with the Federal Communications Commission for $8,000 to end an investigation into whether it failed to properly clear a transfer of control with the agency.

  • August 04, 2026

    CFTC's Selig Has Crypto Rules Ready Even If Clarity Bill Stalls

    U.S. Commodity Futures Trading Commission Chairman Michael Selig on Tuesday said his agency has rule proposals "ready to go" if Congress passes its Clarity Act to regulate crypto markets, and it will move forward with those rulemakings whether the bill succeeds.

  • August 04, 2026

    Climate Crisis Costs Top $8B In Indian Country, Justices Told

    More than a dozen Indigenous nations, federal Indian law professors and tribal organizations are backing Boulder County, Colorado, in the Supreme Court, telling the justices that climate change has already caused roughly $8 billion in disruptions across Indian Country, yet the federal government provides only $400 million to mitigate them.

  • August 04, 2026

    NYC Retirees Ink $53M In Healthcare Copay Class Action

    New York City and EmblemHealth will pay $53 million to resolve a class action complaint covering more than 250,000 Medicare-eligible retirees who alleged the defendants illegally charged $15 copays onto their healthcare costs, according to a preliminary approval motion filed Friday in New York state court.

  • August 04, 2026

    Wash. State Says FCC's High-Cost Overhaul Plan Is Flawed

    Washington state officials are pushing back against some aspects of a plan being considered by the Federal Communications Commission to overhaul the program that helps fund broadband deployment to rural and other "high cost" areas.

Expert Analysis

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • What Corporate Counsel Can Learn From OpenAI Test Breach

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    The significance of the recent artificial intelligence testing breach involving OpenAI and Hugging Face lies in what it reveals about the path of AI’s evolution, because legal professionals must translate that trajectory into actionable governance, contractual and advisory frameworks, says Jason Mueller at Vorys.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • Assessing DOJ Antitrust's New, Faster Merger Review Option

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    The U.S. Justice Department Antitrust Division's recently announced targeted second request option and new model timing signal a commercially friendly stance and a departure from the prior administration's position, say attorneys at Paul Weiss.

  • NRC Proposal May Reshape Radiation Protection Framework

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    The U.S. Nuclear Regulatory Commission’s proposal to drop the long-standing requirement to keep radiation exposure "as low as reasonably achievable," alongside the U.S. Department of Energy's removal of ALARA from its own rules, suggests a broader federal reassessment of radiation protection policy, say attorneys at Womble Bond.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • AG Watch: Minn. Defends Prediction Markets Ban

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    Minnesota Attorney General Keith Ellison has aggressively defended the state's landmark statute banning prediction markets, but the court's July 27 temporary injunction in U.S. v. Minnesota blocking the law from taking effect could set the template for state authority across the country, say attorneys at Crowell & Moring.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USDA, Treasury Moves May Widen Agricultural Deal Scrutiny

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    Two agency actions that identify weaknesses in the government’s foreign investment screening architecture signal a broadening of the Committee on Foreign Investment in the United States’ jurisdiction over agricultural real estate transactions, more demanding beneficial-ownership resolutions and the coming integration of agency disclosure systems, says researcher Robert Green.

  • From Order To Regulation: How EOs Are Reshaping Banking

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    The pattern of regulatory activity emerging in the wake of the Trump administration's first 18 months of executive orders makes clear that financial institutions should treat presidential directives as early warning signs and not wait for final rules to assess the accompanying compliance impact, says Jonathan Kolodziej at Bradley.

  • Rhode Island Self-Checkout Law Signals National Trend

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    Rhode Island's law limiting self-checkout in retail stores is the first of its kind, but state and local lawmakers across the country are considering similar bills — and if enacted, they could create a patchwork of compliance requirements around issues including staffing, signage and restricted merchandise, says Hannah Flint at Hunton.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • Opinion

    USCIS Delays Shouldn't Mean Detention For EB-5 Investors

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    Some EB-5 investors with pending petitions were recently detained amid a surge in immigration arrests, but when only U.S. Citizenship and Immigration Services can resolve a respondent's status, immigration courts shouldn't retain cases they can't decide, and detention shouldn't replace adjudication, says Jun Li at Reid & Wise.

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