Public Policy

  • November 03, 2026

    No Imminent Harm In DOJ Voter List Threats, DC Judge Says

    A D.C. federal judge on Monday declined to issue a temporary restraining order blocking the Trump administration from demanding immigration-related voter roll changes, finding that although the demands "may indeed be unlawful," Democratic campaign officials and congressional leaders don't have the standing to challenge them.

  • November 03, 2026

    Troops Urge Justices To Delay Review Of Military Trans Ban

    A group of transgender servicemembers have asked the U.S. Supreme Court to decline to review the Trump administration's ban on transgender individuals serving in the military for now, saying the government's current appeal of a narrow circuit court ruling against the policy is premature and incomplete.

  • November 03, 2026

    BofA's $1.2B AML Fine Shows Perils Of Tech Overreliance

    Bank of America's $1.2 billion deal with the U.S. Treasury Department over anti-money-laundering failures has put compliance officers at financial institutions on alert about the perils they could face if they don't have empowered in-house investigators and proper oversight of technological systems for transaction monitoring.

  • November 03, 2026

    Asia-Based Accountants Say PCAOB Overstepped Authority

    The Public Company Accounting Oversight Board has violated limits Congress placed on it by requiring three accountants to fly to Washington, D.C., on their own dime from their Southeast Asia homes to comply with certain board demands or face sanctions, according to a lawsuit filed Tuesday in D.C. federal court.

  • November 03, 2026

    2nd Circ. Denies Kalshi, Coinbase Enforcement Shields

    A Second Circuit panel on Tuesday rebuffed separate bids by Kalshi and Coinbase to temporarily shield their sports contracts from New York and Connecticut gambling regulators after the judges appeared unconvinced by the platforms' attempts to draw lines between sports event contracts and sports bets.

  • November 03, 2026

    Fla. Voters Approve Homestead Exemption Increase

    Florida voters approved a constitutional amendment Tuesday that will hike the state's homestead exemption and is estimated to reduce property tax revenue by billions of dollars annually.

  • November 03, 2026

    Past Losses Haunt Colo.'s Universal Preschool Law Defense

    For eight years, Colorado has repeatedly met a skeptical U.S. Supreme Court when defending antidiscrimination laws against religious objectors. Now, that poor track record seems likely to doom the state's latest attempt to protect its universal preschool program's equal opportunity mandate from Catholic challengers.

  • November 03, 2026

    OppFi Pulls $130M BNC Bank Bid, Citing Review Uncertainty

    Online lender Opportunity Financial said Tuesday it was withdrawing its applications for a planned $130 million purchase of BNC National Bank, calling off its bid to become a bank amid what it described as unclear regulatory standards and other obstacles to approval.

  • November 03, 2026

    Judge Questions Federal Role In Ed Martin Ethics Case

    A D.C. federal judge struggled Tuesday to see how he could preside over a state attorney ethics proceeding if U.S. pardon attorney Ed Martin gets his way and keeps the case in federal court, as the city's ethics board fought to have it sent back to state court.

  • November 03, 2026

    PBM Says Fla. Collusion Suit Belongs In Federal Court

    A pharmacy benefit manager accused by Florida's attorney general of colluding with a competitor to fix prescription drug reimbursement rates for pharmacies removed the state's suit to federal court, citing its work for federal and military employees.

  • November 03, 2026

    W.Va. Coal Mine Opponents Defend Permit Vacatur At 4th Circ.

    Environmental groups told the Fourth Circuit that a West Virginia federal judge was right to scrap a Clean Water Act permit that allowed Republic Energy LLC to bury 20,000 feet of valley streams with fill from surface coal mining.

  • November 03, 2026

    En Banc 9th Circ. Kiboshes Election Threat Order Against DOJ

    New litigation brought by unions and civil rights groups seeking to stop the U.S. Department of Justice from threatening election workers whipsawed through the Ninth Circuit at lightning speed Tuesday, with a split en banc Ninth Circuit panel eventually finding that the DOJ's actions don't merit a temporary restraining order.

  • November 03, 2026

    Ga. Power Can't Apply New Tort Law In Exposure Suit

    A Georgia appellate panel on Tuesday rejected Georgia Power Co.'s bid to apportion fault to companies that settled out of an asbestos exposure lawsuit as well as its bid to escape the case, finding that disputes over the utility's knowledge of asbestos hazards prevent it from obtaining summary judgment.

  • November 03, 2026

    9th Circ. Backtracks On Venezuela TPS Reinstatement

    The Ninth Circuit reversed course Tuesday, granting the Trump administration's request for an administrative stay temporarily pausing a district court order that reinstated Temporary Protected Status for Venezuela, after originally denying the government's request.

  • November 03, 2026

    Group Wants DC Golf Course Work Halt To Remain In Place

    A preservation group on Tuesday urged a D.C. federal court to maintain an order blocking further tree removals at the East Potomac Golf Course, arguing the government failed to identify any error the judge made when issuing the directive.

  • November 03, 2026

    Challengers Urge FCC To Zero Out Subsidy Fund Fees

    A conservative litigation group challenging the Universal Service Fund asked the Federal Communications Commission Tuesday to zero out the fees supporting the fund next quarter.

  • November 03, 2026

    Pa. Gov.'s Property Battle With Neighbors Gets Paused

    A Pennsylvania federal judge on Tuesday stayed a property dispute in which Gov. Josh Shapiro and his Montgomery County neighbors are fighting over the ownership of a strip of land between their homes.

  • November 03, 2026

    Squires Grants 4 IPRs, Denies 6 Before Handing Over Power

    U.S. Patent and Trademark Office Director John Squires on Tuesday instituted four inter partes reviews in what could be the final petitions for which he reviews the merits.

  • November 03, 2026

    NY Judge Bars Afghan Removals To Pakistan, For Now

    A New York federal judge on Tuesday temporarily barred the Trump administration from deporting Afghan nationals to Pakistan, cementing the government's assurances that it has no removal flights planned this week in a temporary restraining order.

  • November 03, 2026

    Low-Power Stations Resist Sinclair Call For ATSC Mandate

    Low-power stations told the Federal Communications Commission they would stand behind a decision by full-power broadcasters to adopt the next-generation TV transmission standard, but urged the agency not to apply a federal sunset of the older standard to LPTV.

  • November 03, 2026

    Fla. State Atty Beats Ex-GOP Chair's Suit Over Seized Data

    A Florida federal judge dismissed a state attorney from a lawsuit alleging he's unlawfully in possession of data seized from a former Republican Party chair and his wife following a sexual assault investigation that was later dropped, finding that the complaint could interfere with ongoing state court proceedings. 

  • November 03, 2026

    FCC Evaluating Plan To Boost Drones In 3 Spectrum Bands

    The Federal Communications Commission is evaluating a draft plan to update rules for three spectrum bands to make it easier to deploy drones as well as expand broadband connectivity in aviation.

  • November 03, 2026

    Justices To Hear Apple App Store Contempt Case In January

    The U.S. Supreme Court has scheduled an argument on Jan. 11 for Apple's challenge to a contempt order issued for allegedly trying to use high commissions to prevent app developers from steering users to outside payment methods in a case brought by Epic Games.

  • November 03, 2026

    IRS Asks 11th Circ. To Back Denial Of $27M Easement Claim

    The U.S. Tax Court properly dismissed a partnership's bid to challenge the IRS' denial of a $27 million tax deduction for a Georgia conservation easement donation, the agency told the Eleventh Circuit, saying the partnership's petitions were filed late and the statutory deadline isn't flexible.

  • November 03, 2026

    Cruz Tees Up Hearing For 3rd FCC Republican

    U.S. Sen. Ted Cruz, R-Texas, on Tuesday announced a confirmation hearing next week for a third Republican nominee to the Federal Communications Commission.

Expert Analysis

  • Challenges On The Horizon For Illinois Data Center Projects

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    Illinois has more data centers in operation or under construction than all but five other states — but such projects face growing litigation threats and a range of state and local legislative proposals that could hinder further development of these facilities in the Land of Lincoln, say attorneys at Paul Hastings.

  • Planning For D&O Exclusions As Risks Mount For Banks

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    Banks should scrutinize directors and officers exclusions for artificial intelligence, disclosure and cybersecurity risks during policy renewal negotiations to preserve coverage amid the current uptick in insurer scrutiny and related shareholder litigation, say attorneys at Jones Walker.

  • Why The SEC Proposed Rescinding Its 'Pay-To-Play' Rule

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    The U.S. Securities and Exchange Commission's recent proposal to nix its pay-to-play rule governing political contributions by investment advisers follows years of industry advocacy and commissioner criticism that it suppresses political speech and affects hiring, say attorneys at Simpson Thacher.

  • Transfer Pricing Analyses May Apply To Tariff Refunds Claims

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    Both plaintiffs and defendants in consumer class actions over tariff refunds should examine transfer pricing analyses, which can offer contemporaneous evidence as to how much of a tariff was borne in the U.S. by the importer or consumers rather than absorbed earlier in the supply chain, say economists at The Brattle Group.

  • CFIUS Annual Report Reveals Enforcement Trends

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    The Committee on Foreign Investment in the United States' recently published annual report to Congress shows that it is increasingly focused on nonnotified transactions, mandatory filing compliance, critical technologies and postclosing mitigation enforcement across the full life cycle transactions, say attorneys at Bass Berry.

  • Importer Risk Rises As AI Enters Trade Fraud Enforcement

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    The Trump administration's new data-driven and artificial intelligence-enabled push against tariff evasion raises the stakes for companies with global supply chains, making it crucial that they consider strengthening response protocols, documentation and internal reporting mechanisms, say attorneys at Cooley.

  • What CMS Audit Rule Means For Medicare Advantage Plans

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    Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.

  • Parsing The Latest Signals On FTC Section 5 Enforcement

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    Federal Trade Commission cases brought over the last several years and Commissioner Mark Meador’s recent call for stand-alone Section 5 enforcement suggest businesses should prepare for continued scrutiny of conduct beyond traditional antitrust violations, particularly in essential goods, technology and labor markets, say attorneys at Axinn.

  • Calif. PFAS Pesticide Reporting Law Raises Cos.' Legal Risks

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    A new California law requiring public reporting of how registered pesticides containing intentionally added perfluoroalkyl and polyfluoroalkyl substances are used across the state could increase regulatory scrutiny — and provide a road map for litigation involving growers, applicators, distributors, pesticide manufacturers and upstream chemical suppliers, say attorneys at O'Melveny.

  • What's At Stake As Justices Rethink Sentencing Commentary

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    Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.

  • How A New Case Redefines The Birthright Citizenship Battle

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    After the U.S. Supreme Court's birthright citizenship ruling last term in Trump v. Barbara, the Trump administration issued a new executive order attempting to limit the categories of individuals eligible for this status — and a pending court challenge to the new order shows where the legal battle lines are being redrawn, say attorneys at Fragomen.

  • Why Vaccine Court Inoculates Drugmakers Against Litigation

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    Most claimants alleging injuries from routine childhood vaccines must complete an administrative compensation proceeding before they can sue in civil court — and recent legislative efforts aimed at weakening vaccine manufacturers' legal protections do not account for the important reasons the existing framework was put in place, say attorneys at Goldman Ismail.

  • As Congress Stalls, SEC Hits Go On 'Innovation Exemption'

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    While the U.S. Securities and Exchange Commission's recently issued innovation exemption to facilitate on-chain trading of certain tokenized stocks isn't a replacement for a comprehensive legislative framework, it reduces the likelihood that further congressional delay will freeze market development, says Stephen Aschettino at Fox Rothschild.

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • How To Use AI In Employment Contract Drafting

    Excerpt from Practical Guidance
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    Before using artificial intelligence to draft employment contracts, law firms and employers must assess practical ethical guardrails, appropriate use cases, core risk areas and validation workflows, says Samuel Mitchell at Smith Gambrell.

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