Public Policy

  • August 19, 2026

    FTC Warns Secret Personalized Prices Likely To Draw Scrutiny

    Retailers and other businesses that use consumers' personal data to set individualized prices are likely to face regulatory backlash if these practices aren't clearly disclosed, the Federal Trade Commission cautioned in a proposed policy statement issued Wednesday that vowed the agency would "aggressively" enforce such misconduct.

  • August 19, 2026

    Albertsons Says Wash. Failed To Prove Opioid Claims At Trial

    Albertsons Cos. Inc. urged a Seattle judge on Tuesday to throw out Washington state's lawsuit accusing the chain and its subsidiary Safeway Inc. of fueling Washington's opioid crisis, arguing that the state failed to prove wrongdoing by the companies after nearly five weeks of an ongoing bench trial.

  • August 19, 2026

    Baltimore Can't Send Payday Lender Suit Back To State Court

    A Maryland federal judge refused to remand a suit brought by the city of Baltimore against Los Angeles-based lender Dave Inc. to state court, ruling that the city failed to explain how federal courts' interpretation and application of the city's consumer protection ordinance would disrupt the state's efforts to establish a policy regulating consumer loans.

  • August 19, 2026

    Double Patenting Ripe For Fresh Fed. Circ. Look Amid Debate

    The already complex doctrine of obviousness-type double patenting may now be more tangled following a decision and a brief from the patent office seemingly taking different views on a key issue, but that could set the stage for the Federal Circuit to provide clarity, attorneys say.

  • August 19, 2026

    Air Force Urges Justices Not To 'Engraft' NEPA Onto RCRA

    The Air Force on Wednesday urged the U.S. Supreme Court to reject a Guam nonprofit's assertion that the military branch should have completed an environmental review before it applied to renew a hazardous waste permit allowing it to detonate expired munitions on the island.

  • August 19, 2026

    Digital Equity Suit On Ice As Gov't Preps Program Relaunch

    The D.C. federal judge overseeing a lawsuit challenging the Trump administration's shutdown of the Digital Equity Act's Competitive Grant Program has put the case on hold until the government relaunches the program without provisions that consider the applicants' race, as it has agreed to do.

  • August 19, 2026

    FTC Asks Court To Keep Trans Health Suit In Texas

    The Federal Trade Commission has asked a Texas federal court to keep its suit against the World Professional Association for Transgender Health in the Lone Star State, saying that the organization incorporated there in 1980.

  • August 19, 2026

    HHS, USDA Must Withdraw Dietary Guidelines, DC Court Told

    A public health nonprofit on Wednesday urged a D.C. federal court to order the federal government to withdraw dietary guidelines it issued earlier this year, arguing that reviewers who advised on the guidelines had significant conflicts of interest and were selected without public oversight.

  • August 19, 2026

    DOJ Enviro Deputy AG Leaves Post

    A top deputy in the U.S. Department of Justice's Energy and Natural Resources Division is leaving the agency, according to court documents filed on Wednesday.

  • August 19, 2026

    USPTO Says Patent Atty's Suit Shouldn't Stop Discipline Case

    The U.S. Patent and Trademark Office has said an Ohio federal court shouldn't pause professional discipline proceedings against an attorney while he sues the agency, saying he's likely to fail with his suit challenging the fact that a judge from another agency is overseeing his discipline case.

  • August 19, 2026

    Immigration Board Says Migrants Get 1 Shot To Reopen Case

    The Immigration and Nationality Act generally limits noncitizens in immigration proceedings to only one motion to reopen a case, the Board of Immigration Appeals ruled, adding that statutory restriction cannot be equitably tolled, either.

  • August 19, 2026

    PFAS Turnout Gear Buyer Lawsuits Get Consolidated In Minn.

    Minnesota will be home to firefighter turnout gear PFAS "forever chemical" federal lawsuits filed by municipal purchasers from 14 separate states, the Judicial Panel on Multidistrict Litigation has decided, consolidating current actions in Montana and California with lawsuits filed in the corporate home state of 3M Co.

  • August 19, 2026

    Broadband Co. Asks FCC To Fix 'Ineffective' State Pole Regs

    Broadband provider GoNetSpeed has asked the Federal Communications Commission to open a rulemaking proceeding to tackle "ineffective" state regulation of utility pole attachments for broadband equipment.

  • August 19, 2026

    DOJ Touts 'Targeted' Probes In Sales Software Merger OK

    The U.S. Department of Justice said Wednesday it had closed an in-depth review into a sales tracking software merger, mollified by the likelihood of artificial intelligence-enabled competition, in an announcement touting the use of "targeted" scrutiny to end the probe quickly.

  • August 19, 2026

    EPA Waiver Review Could Upend Rulemaking, Judge Signals

    A D.C. federal judge predicted Wednesday that there could be wide-ranging implications for oversight of agency rulemaking if the U.S. Environmental Protection Agency is allowed to put California emissions waivers up for congressional review more than a decade after they were first granted.

  • August 19, 2026

    Caesars Looks To Dodge Tribe's Suit Over NY Mobile Betting

    Caesars Sportsbook is asking a district court to dismiss the Cayuga Nation's claims that its entity is illegally offering mobile sports betting on tribal lands, saying the New York Indigenous nation is looking to create a remedy that Congress chose not to provide.

  • August 19, 2026

    Ex-US Attys Protest Trump's Swift Firing Of Rogoff In Seattle

    Thirty former U.S. attorneys backed Roger Rogoff's bid for reinstatement as Seattle's top federal prosecutor after President Donald Trump fired him on the heels of his court-ordered appointment, arguing Tuesday that Trump is trying to "sidestep the Senate's advice-and-consent role and sideline the judiciary" by letting unappointed individuals play such roles.

  • August 19, 2026

    Trade Court Rejects Bahrain Importer's FTA Theory

    Film imported from Bahrain cannot qualify for preferential tariff treatment under a free trade agreement because the importer failed to meet its requirements, and those of the law underlying the deal, according to a U.S. Court of International Trade opinion published Wednesday.

  • August 19, 2026

    OCC Advancing Stablecoin Rule At 'Great Speed,' Gould Says

    The Office of the Comptroller of the Currency plans to issue the main rule establishing its stablecoin oversight framework by November and expects to be ready to process issuer licensing applications as soon as January, the agency's top official said Wednesday.

  • August 19, 2026

    9th Circ. Says Initial Arbitration No Obstacle To EFAA

    A split Ninth Circuit panel ruled Wednesday that a fired biopharmaceutical executive could quit arbitration and file a suit claiming her boss subjected her to gender-based harassment, finding the pivot was fair game under a law that shields sex misconduct disputes from out-of-court resolutions.

  • August 19, 2026

    IRS Aims To Limit Tax Credits For Authorized Immigrants

    Fewer immigrants living in the U.S. legally would have access to refunds from individual tax credits under proposed regulations released Wednesday by the IRS that would link eligibility to welfare requirements rather than just work authorization.

  • August 19, 2026

    Groups Say NOAA Failed To Vet Samoan Seabed Mining Harm

    Two conservation groups have sued to stop the sale of deep-sea mining rights across 31 million acres of seabed around American Samoa, arguing the National Marine Fisheries Service unlawfully determined the activity would not adversely affect endangered species and their habitat.

  • August 19, 2026

    Paramount Judge Urges Parties To Be 'More Reasonable'

    A California federal judge overseeing the challenge to Paramount Skydance's $110 billion Warner Bros. Discovery acquisition brought by the Writers Guild of America and state attorneys general urged the parties Wednesday to be "much more reasonable" with discovery disputes, warning that if they aren't, "you will find yourself asked to engage a special master."

  • August 19, 2026

    Paramount Viewers Stuck With Bringing Amended Suit

    A California federal judge refused Tuesday to reconsider dismissing a consumer complaint challenging Paramount's completed merger with Skydance and its planned purchase of Warner Bros. Discovery, holding that the filing of an amended complaint mooted the motion.

  • August 19, 2026

    Trade Court Judge Mulls Class Cert. For IEEPA Refunds

    A U.S. Court of International Trade judge on Wednesday didn't commit to certifying a class of importers who paid tariffs under President Donald Trump's struck-down global regime, though the option seemed to intrigue him.

Expert Analysis

  • A New Era Of Scrutiny For China-Linked Pharma Deals

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    As Congress considers bipartisan legislation that would heighten regulatory scrutiny for life sciences deals involving Chinese biotech entities, companies should reassess the risks and due diligence requirements that will come with using heavily China-dependent pipelines, says Jen Maki at Ankura.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • What Cos. Must Know About EPA Water Monitoring Proposal

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    The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • House Truck Weight Bill Could Raise Stakes In Crash Suits

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    A bill pending in the U.S. House of Representatives could allow participating states to run six-axle trucks at 91,000 pounds instead of 80,000, likely resulting in more catastrophic injury claims with higher damages and further taxing an already strained insurance coverage system, says attorney Angel Reyes.

  • Trump Debarment Threat Calls For Targeted Defense Plan

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    President Donald Trump's recent Truth Social directive ordering federal suspension and debarment officials to investigate the National Academies of Sciences, Engineering and Medicine over climate science work could have existential consequences, highlighting the importance of winning the framing battle by building a clear timeline and record, say attorneys at Jenner & Block.

  • Fed Report Underscores Focus On Nonbank, CRE Risks

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    The Federal Reserve Board's latest supervision and regulation report highlights that broad systemic stability will not insulate individual institutions from rigorous supervisory challenges regarding concentrated commercial real estate portfolios and nonbank partnerships, says Daniel Meade at Hogan Lovells.

  • 3 Upcoming Deadlines That EB-5 Investors Should Consider

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    Potential EB-5 regional center investors should weigh three approaching deadlines, the most immediate of which is Sept. 30, that may affect their filing strategy, required capital commitment and ability to participate even if Congress fails to reauthorize the program, says Michael Ashoori at Ashoori Law.

  • CIPA Tech Tracking Suits Highlight Uncertain Legal Ground

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    Alexandra Samofalova at Spencer Fane discusses the state of California Invasion of Privacy Act website tracking litigation, why credible defendants choose to settle and how the businesses best positioned to face this uncertain legal landscape are the ones treating data practices as a legal compliance matter to address today.

  • AI, Prediction Markets Lead Securities Developments In 2026

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    Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

  • Why A Class Was Certified In Financial Aid Info-Sharing Case

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    The recent Illinois federal court decision in Corzo v. Brown University offers key guidance for defendants confronting class certification in antitrust matters, highlighting how typicality can be satisfied despite class members attending different universities, receiving different aid awards and being affected across different time periods, say attorneys at Baker McKenzie.

  • Key Compliance Insights From Calif.'s Volvo Diesel Deal

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    While the future of California's vehicle emissions standards under the Clean Air Act is uncertain, the state's recent settlement with Volvo over diesel emissions hinges on the truthfulness of manufacturer representations to state regulators, and offers important lessons for companies on compliance and recordkeeping, says Thierry Montoya at FBT Gibbons.

  • Community Bank Order Signals Fintech Partnership Scrutiny

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    The Office of the Comptroller of the Currency's recent consent order against Community Federal Savings Bank for deficiencies in its Bank Secrecy Act and anti-money laundering compliance programs offers clear and urgent lessons for community banks pursuing revenue growth through fintech partnerships and payments services, say attorneys at Bradley.

  • House-Passed KIDS Act Spurs Child Data Practices Audit

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    Graham Dean, Brian Roper-Nelson and Will Quick at Brooks Pierce discuss the noteworthy sections of the U.S. House of Representatives' recently passed Kids Internet and Digital Safety Act, the potential revisions as the law moves through the U.S. Senate and the significant business changes that the House law would require.

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