Public Policy

  • August 12, 2026

    DHS Can't Shake Suit Over Suspicionless Stops, Atty Access

    A California federal judge has allowed a lawsuit accusing federal immigration agents of stopping people without reasonable suspicion and preventing immigration detainees from speaking with attorneys to proceed.

  • August 12, 2026

    SpaceX On Hunt For More Spectrum

    SpaceX is hungry for more spectrum, telling the Federal Communications Commission it ought to set "aggressive, technology-agnostic" buildout milestones in order to get new wireless satellite services to market just as the company unveils plans to build its own terrestrial network.

  • August 12, 2026

    Texas Medical Board Says AG Can't Get In On Malpractice Suit

    The Texas Medical Board told a state court judge that the Texas Office of the Attorney General could not represent a doctor who tried to treat a COVID-19 patient with ivermectin, saying the office flouted ethics rules by first representing the board and then representing the doctor.

  • August 12, 2026

    11th Circ. Backs EPA, Fertilizer Co. In 'Radioactive' Road Case

    The Eleventh Circuit on Wednesday rejected an environmental group's challenge to the U.S. Environmental Protection Agency's decision allowing the construction of a private road with a radioactive byproduct from fertilizer production, finding EPA regulations don't categorically bar such use.

  • August 12, 2026

    9th Circ. Backs Extradition For Al Qaeda In Iraq-Linked Killings

    The Ninth Circuit said Wednesday that a U.S. citizen can't escape his extradition to Iraq to be tried for the murders of two Iraqi police officers because the killings constitute international terrorism, meaning he is not protected by a political-offense exception to the relevant extradition treaty.

  • August 12, 2026

    Colo. Gun Group Asks Court To Block Semiauto Law

    Colorado's official branch of the National Rifle Association urged a Colorado federal judge to block the enforcement of a new state law restricting ownership of certain semiautomatic firearms, writing the law "all but eliminates" law-abiding citizens' right to purchase the firearms.

  • August 12, 2026

    10th Circ. Upholds Phone Search In Child Porn Case

    The Tenth Circuit upheld an Oklahoma man's child pornography convictions Wednesday, rejecting his arguments that police unlawfully prolonged a traffic stop and obtained an overly broad warrant to search his cellphone.

  • August 12, 2026

    Colleges Say Wealth Bias Evidence Would Prejudice Jury

    Top-flight universities, preparing to fight class action antitrust claims at trial later this year that they illegally colluded on financial aid formulas, on Wednesday accused the student plaintiffs of trying to "dirty" the universities with allegations that they admit underqualified applicants because of their family wealth.

  • August 12, 2026

    NYC Probes Polymarket, Kalshi Over Ads Targeting Minors

    The New York City Council announced Wednesday that it is investigating Kalshi, Polymarket, Coinbase and Gemini Titan for potentially false, deceptive or abusive advertising tactics for their prediction market platforms, expressing concerns about marketing directed toward young people.

  • August 12, 2026

    UMich Law Professor's Pro Bono Work Not FOIA Fodder

    The University of Michigan doesn't have to turn over the emails a law professor sent as part of her environmental pro bono work in response to a Freedom of Information Act request, after Michigan state court ruled that the emails don't count as public records under the law.

  • August 12, 2026

    Apple Gets Brief Pause In App Store Case From High Court

    The U.S. Supreme Court issued a brief stay Wednesday in a case from Epic Games targeting Apple's App Store policies, after the district court refused to put the case on hold while the justices review a contempt order against Apple.

  • August 12, 2026

    Wash. County Wants Out Of Burial Site Development Suit

    Whatcom County, Washington, has asked a federal court to dismiss the sole claim against it in a lawsuit from the Lummi Nation over broadband construction that allegedly disturbed ancestral remains, arguing that the county cannot be held liable for how it reviewed permits for the projects.

  • August 12, 2026

    Missouri Seeks To Block Minority Contracting Program

    Missouri Attorney General Catherin L. Hanaway pressed a district court judge to block Kansas City's contracting program for minority- and women-owned businesses, saying it violates the equal protection clause of the U.S. Constitution.

  • August 12, 2026

    Wheelchair Isn't A 'Vehicle' For DUI Test Consent In PA

    A Pennsylvania appeals court on Wednesday rolled out its finding that a man's wheelchair does not constitute a vehicle and that his use of the device to leave the scene of a car crash did not imply consent for a blood test as part of a DUI investigation.

  • August 12, 2026

    Miami Judge Says Rival's Trump Library Attack Defamed Her

    A Miami-Dade County Circuit Court judge has accused an attorney vying for her seat on the bench of defamation, telling a Florida state court the attorney conspired to unlawfully influence the upcoming non-partisan judicial race with a smear campaign claiming she tried to block the Donald Trump Presidential Library.

  • August 12, 2026

    ICE Says Noncitizens Are Targeting 'Unwritten' Philly Policy

    The Trump administration asked a federal judge Wednesday to toss proposed class claims against U.S. Immigration and Customs Enforcement seeking the reinstatement of a Philadelphia policy that the three noncitizens who filed suit say limits the agency's ability to rearrest nondangerous immigrants without justification. 

  • August 12, 2026

    Labor Groups Sue Ed. Dept. Over Student Loan Access Cuts

    The AFL-CIO and several unions have filed a complaint in D.C. federal court challenging new federal student loan caps in a U.S. Department of Education rule that narrows the definition for "professional student," claiming that the rule arbitrarily restricts access to federal student loans.

  • August 12, 2026

    Raskin Asks Ellison To Speak To Congress About Merger

    U.S. Rep. Jamie Raskin, D-Md., has asked Paramount Skydance CEO David Ellison to appear for a transcribed interview to explain the Paramount-Warner Bros. Discovery merger.

  • August 12, 2026

    Trump Tells 11th Circ. Sanctions In IRS Case Must Be Paused

    President Donald Trump urged the Eleventh Circuit on Wednesday to halt sanctions imposed by a lower court over an immunity deal that would have given him broad protections from federal tax audits and investigations, arguing he and the government have distinct interests.

  • August 12, 2026

    Squires Tells Fed. Circ. PTAB Made Error In Corteva Decision

    U.S. Patent and Trademark Office Director John Squires has asked the Federal Circuit to intervene in Inari Agriculture's appeal of a Patent Trial and Appeal Board decision upholding a Corteva patent on insect-repellent corn, saying part of the board's decision was wrong.

  • August 12, 2026

    6th Circ. Rejects Prison Worker's Excessive Force Claim

    The Sixth Circuit has rejected a Michigan prison employee's excessive force claim stemming from injuries she suffered during a hostage training exercise, ruling that she was not "seized" under the Fourth Amendment because the officers were practicing a rescue rather than carrying out an actual law enforcement operation. 

  • August 12, 2026

    Texas Judge Keeps Hemp THC Curbs In Place During Suit

    A Texas federal judge has declined to halt new state-led restrictions redesignating intoxicating hemp products as Schedule I substances while a lawsuit challenging them plays out.

  • August 12, 2026

    Full 5th Circ. Invalidates Part Of No Surprises Act Rules

    The full Fifth Circuit partially unraveled federal regulations that implemented an arbitration system between insurers and out-of-network providers that Congress established in a 2020 law called the No Surprises Act, holding aspects of how the rules calculated payment amounts for disputed claims were unlawful.

  • August 12, 2026

    Trump Pick Sets Stage For More Fights Over FCC's Power

    A move by the White House to fill the third Republican vacancy on the Federal Communications Commission — but leave a long-empty minority seat on the five-member board unfilled — sets up what will likely be more pitched battles over not only the FCC's powers, but its future composition.

  • August 12, 2026

    Trump Repeats Call To Remove Stay On Mail-In Ballot Order

    The Trump administration prodded the U.S. Supreme Court on Wednesday to "promptly" lift a Massachusetts judge's order prohibiting the enforcement of new restrictions on mail-in ballots in 23 states and the District of Columbia in this year's midterm elections. 

Expert Analysis

  • A Shift In How Policymakers Are Approaching PBM Regulation

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    Recent federal and state legislative and regulatory activity involving pharmacy benefit managers represent a change in focus from transparency to PBM compensation structures, vertical integration and competitive effects, say attorneys at Barclay Damon.

  • Workplace Menopause Laws Demand New HR Playbooks

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    A recent wave of state and local legislation that makes menopause an expressly protected condition in the workplace creates new compliance obligations amid an already ambiguous federal framework, and demands a workplace culture where employees feel safe asking for support, says Elliot Griffin at Ballard Spahr.

  • How State Actions Are Reshaping Surveillance Pricing Risk

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    Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Tips For Issuers Left In Lurch Without Genius Act Final Rules

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    The compliance runway envisioned by the Genius Act is steadily shrinking after regulators failed to finalize all the required implementing regulations by July 18, so stablecoin issuers should begin implementing "no-regrets" compliance measures and securing outside vendors before the law takes full effect in January, says David Zaslowsky at Baker McKenzie.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 3 Ways Tokenization Is Moving To Traditional Finance

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    Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • Opinion

    States Should Reconsider Forced PBM Divestiture Laws

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    State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

  • HSR Deals Proceed More Steadily Than Narratives Suggest

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    The most recent Hart-Scott-Rodino Act data show that transaction volume remained relatively stable, transaction values continued to increase and enforcement activity remained low, suggesting that enforcement rates have been relatively consistent across presidential administrations despite widely differing public rhetoric regarding merger enforcement, says Amanda Wait at Michael Best.

  • Assessing The Benefits Of Fla.'s Newest Business Structure

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    As of July 1, Florida business owners can create protected series LLCs to shield assets from liability while avoiding increased costs and wasted time, but burdensome recordkeeping obligations are crucial to maintaining the very protection that makes them attractive in the first place, says Gregory Ritter at Moritt Hock.

  • Key Post-Proposal Shifts Likely In CFPB Loss Mitigation Rule

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    Mortgage servicers, borrowers and consumer advocates should prepare for a likely narrowed version of the Consumer Financial Protection Bureau's loss mitigation rule, which is likely to permit sequential reviews, defer to investor guidelines, extend compliance timelines and preempt conflicting state standards, say attorneys at Goodwin.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Noncompete Laws Show States Focusing On Bans, Healthcare

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    The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

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