Public Policy

  • October 15, 2026

    Texas Appeals Court Says Cities Can't Block ETJ Opt-Out Law

    A Texas appeals court on Thursday found that cities cannot block a state law that allows citizens living in areas surrounding municipalities to leave the cities' jurisdiction, saying the law does not violate the Texas Constitution.

  • October 15, 2026

    Market Surveillance Co. Taps Ex-CFTC Counsel To Lead Policy

    Fintech-focused market surveillance firm Solidus Labs announced Thursday that it's brought on a former U.S. Commodity Futures Trading Commission attorney who advised lawmakers on closely watched crypto legislation to lead its policy efforts.

  • October 15, 2026

    Fed's Bowman Says Regulators Must Focus On Material Risks

    Federal Reserve Vice Chair for Supervision Michelle Bowman has urged international banking regulators to focus on addressing material risks to the financial system instead of pursuing what she described as "less valuable work," based on flawed assessments of Silicon Valley Bank's 2023 collapse.

  • October 15, 2026

    Wash. Justices Doubt Prosecutor Immunity In Judge DQ Case

    Washington Supreme Court justices pushed back Thursday on assertions by a county prosecutor's office that it's immune from claims that it improperly used disqualification affidavits to remove a former judge from its cases, with one justice noting that a line-level prosecutor acknowledged an officewide policy to seek disqualification of the judge.

  • October 15, 2026

    Louisiana Asks Justices To Undo Stay In Coastal Damage Suit

    Louisiana urged the U.S. Supreme Court to erase a Fifth Circuit stay of a remand order preventing one of its parishes from litigating coastal damage claims against an oil and gas company in state court, arguing the "comity essential to our federalism" was disrupted.

  • October 15, 2026

    Dems Want FTC To Investigate Online Homebuying Industry

    Democratic U.S. Sens. Cory Booker and Elizabeth Warren asked the Federal Trade Commission Thursday to conduct an antitrust investigation into the "anticompetitive and deceptive practices" of the country's online homebuying industry, saying that the FTC needs to employ "every enforcement tool available to restore competition to the entire online real estate marketplace."

  • October 15, 2026

    Colo. Panel Upholds Agency's Emissions Monitoring Rule

    The Colorado Court of Appeals upheld a state agency's rule on emissions monitoring Thursday, wholly rejecting a challenge by environmental groups that contended the rule allows most polluters to escape certain monitoring requirements by paying a fee.

  • October 15, 2026

    Matt Gaetz Accused Of Sex Trafficking In Florida Suit

    Two women on Thursday filed a Florida federal trafficking lawsuit against former Congressman Matt Gaetz, alleging that he used his power and influence to recruit them into a commercial "venture" in which they were paid to have sex with men in various cities throughout the U.S.

  • October 15, 2026

    Google Will Seek To Pause Ad Tech Case For DOJ Appeal

    Google will ask a New York federal court to pause a scheduled April trial in the private antitrust litigation over its advertising placement technology while it appeals a loss in a similar case from the U.S. Department of Justice in Virginia.

  • October 15, 2026

    Trump Admin Urges High Court To Curb APA Rule Vacatur

    The Trump administration is asking the U.S. Supreme Court to decide whether the Administrative Procedure Act allows federal judges to universally vacate agency rules in what could be a major test of the judiciary's authority to check executive agency power.

  • October 15, 2026

    FERC Makes Further Moves To Speed Up Gas Project Reviews

    The Federal Energy Regulatory Commission on Thursday issued a pair of proposals aimed at speeding up its approval of gas infrastructure projects by narrowing the scope of the agency's environmental reviews.

  • October 15, 2026

    Calif. Asks DC Judge To Void EPA's 'Unlawful' Waiver Moves

    California has asked a D.C. federal judge to void the Trump administration and congressional Republicans' "manifestly unlawful" use of the Congressional Review Act to make Clean Air Act waivers for the Golden State subject to rescission by lawmakers.

  • October 15, 2026

    Feds Seek To Undo Colo. Payment To Defunct Health Insurer

    The federal government Wednesday asked a Colorado federal judge to reverse the approved distribution of nearly $2 million in assets from a defunct insurer to its creditors, claiming that a nearly $24 million claim from the U.S. Department of Health and Human Services supersedes the general creditors' claims.

  • October 15, 2026

    Mo. Hemp Interests Seek To Block Restrictions

    Missouri officials have asked a federal court to halt discovery in a lawsuit by hemp companies challenging new regulations on intoxicating cannabinoid products, arguing the case turns on pure legal questions that can be resolved within the state's motion to dismiss.

  • October 15, 2026

    IRS Says Donor Disclosure Rule Is Key To Tax Compliance

    The Internal Revenue Service's nonprofit donor disclosure rule doesn't violate the First Amendment, the agency told a D.C. federal court, arguing the rule promotes voluntary compliance from nonprofits through information reporting requirements.

  • October 15, 2026

    White House Crypto Aide Exits Role

    White House crypto aide Patrick Witt announced Thursday that he's left his post, a departure that comes after key crypto legislation stalled in the U.S. Senate last month.

  • October 15, 2026

    NYC Comptroller Urges Anthropic To Ease Risks Before IPO

    New York City Comptroller Mark Levine is urging Anthropic PBC to pause plans for an initial public offering it says could value the company at $2 trillion, calling on the business to first resolve concerns over the technology's governance, safety and development pace.

  • October 15, 2026

    Pa. E-Cigarette Law Survives Vape Companies' Challenge

    A Pennsylvania federal judge has upheld a state law limiting electronic cigarette sales to products that have received or are pending approval from the U.S. Food and Drug Administration, finding the state law fell into an exception to the federal tobacco law's preemptions.

  • October 15, 2026

    PhRMA Again Seeks To Join 340B Rebate Pilot Fight

    The Pharmaceutical Research and Manufacturers of America on Thursday asked a Maine federal court to let it join a lawsuit challenging the Trump administration's proposed rebate system in the 340B drug discount program, arguing the litigation could directly affect its members' approved plans and financial interests.

  • October 15, 2026

    Innocent Spouse Tax Relief Bid Timely Filed, 5th Circ. Told

    The U.S. Tax Court improperly concluded that a Texas woman narrowly missed a statutory filing deadline in seeking innocent spouse relief on federal income taxes and shouldn't have dismissed her case, she told the Fifth Circuit, arguing the deadline isn't jurisdictional.

  • October 15, 2026

    Missouri AG Alumni Make Their Mark In Trump 2.0

    Missouri is hundreds of miles from Washington, D.C., but the legal community of the Show-Me State has taken a significant hold in the second Trump administration.

  • October 15, 2026

    Justices Stay 4th Circ. Mandamus In FCC Political Ad Case

    The U.S. Supreme Court has stayed an order from a Fourth Circuit panel that would have required the full Federal Communications Commission to review agency staff guidance requiring broadcasters to offer discount ad rates to political committees tied to candidates.

  • October 15, 2026

    Muscogee Chief Says Court Can't Grant Freedmen Citizenship

    Muscogee (Creek) Nation Principal Chief David Hill is asking an Oklahoma federal court to dismiss a challenge that looks to block the tribe from denying citizenship to descendants of people once enslaved by the Indigenous nation, arguing that it can be achieved only through a constitutional amendment and legislative process.

  • October 15, 2026

    Colo. Chamber Can't Join Tax Plan Challenge, Court Says

    A court Thursday denied the request of the Colorado Chamber of Commerce to intervene in suit alleging that a proposal to replace the state's flat income tax rate with a graduated system failed to gather the signatures needed to reach the November ballot.

  • October 15, 2026

    DOJ Defends Government-Funded Trump Ad Campaign

    A D.C. federal judge declined to immediately join a New York federal court in blocking the Trump administration's government-funded campaign-style ads from airing after a Justice Department attorney said the campaign was over, but appeared to agree with a Democratic National Committee attorney who called the ads propaganda and not public service announcements as the government has claimed.

Expert Analysis

  • 4 Paths To AI Safety Coordination Amid Antitrust Debate

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    Frontier artificial intelligence companies have more room for collective safety work than the debate over an antitrust waiver suggests, with several existing avenues providing different degrees of protection and oversight, says Evan Miller at V&E.

  • How Cannabis Rescheduling Is Reshaping Bankruptcy

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    As broader cannabis rescheduling awaits a recommended decision, cannabis companies continue to test the boundaries of the Bankruptcy Code, with the recent Cannabist Chapter 15 recognition order suggesting that governmental resistance may be reduced in future filings, say attorneys at Thompson Coburn.

  • How Calif. Privacy Bill Could Change CIPA Tracking Cases

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    If California Gov. Gavin Newsom signs S.B. 690, the bill could materially reduce the leverage behind a pen-register-only claim or demand, so California Invasion of Privacy Act website tracking claims should not be evaluated the same way they were six months ago, says Alexandra Samofalova at Spencer Fane.

  • Risk Considerations As EEOC Moves To Ax Data Reports

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    While the U.S. Equal Employment Opportunity Commission's recent proposal to rescind requirements for workforce demographic reporting wouldn't bar employers from collecting data, companies would have to be especially careful to gather and use such information in legally defensible ways, say attorneys at Foley & Lardner.

  • For Faster FDIC Review, Banks Must Front-Load Prep

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    Banks seeking to benefit from the efficiency promised by the Federal Deposit Insurance Corp.’s new two-phase review of deposit insurance applications must prioritize filing comprehensive submissions or risk the fate of applicants recently rejected by the Comptroller of the Currency, say attorneys at Skadden.

  • A Look At Loper Bright's Uneven Effect On Immigration Law

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    Recently decided cases in the Second and Fourth Circuits show the disparate effects independent judicial review has had on long-standing immigration precedents since the U.S. Supreme Court's 2024 ruling that ended Chevron deference, says Danny Alicea at the Legal Aid Society.

  • Opinion

    New CMS Medical Device Pathway May Have Limited Effect

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    The Centers for Medicare & Medicaid Services' new pathway for giving Medicare beneficiaries earlier access to certain medical devices bears similarities to previous programs that did not advance coverage significantly, and thus may only benefit certain manufacturers, say attorneys at King & Spalding.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • Time Is On Payment Processors' Side As Deal Dynamics Shift

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    As payment processors increasingly use timing and volume to gain leverage, merchants should negotiate payment processing agreements well before renewal or migration deadlines, ensuring proper benchmarking, reserve, data, termination and transition terms are in place, says James Alexander at Reed Smith.

  • A Road Map To Modernizing Clinical Lab Regulations

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    The Centers for Medicare & Medicaid Services' recent request for comments on potential changes to the Clinical Laboratory Improvement Amendments provides an early indication of where CLIA is headed, and the operational, compliance, reimbursement and enforcement issues those changes will create, says Jose Vela at Clark Hill.

  • IRS Notice Helps Bridge Carbon Capture Reporting Gap

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    Recent guidance that extends a safe harbor for taxpayers claiming Section 45Q carbon capture credits provides a temporary reporting method that may keep viable projects moving while the U.S. Department of the Treasury and the Environmental Protection Agency address future reporting standards, says Peter Lowy at Nelson Mullins.

  • How GCs Can Assess The Risks Of Emerging AI Laws

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    Amid a swirl of momentous legislative activity aimed at regulating artificial intelligence, general counsel must return to first principles when determining whether new laws will apply and whether the company’s use could cause regulators to subject it to additional regulation, say attorneys at WilmerHale.

  • Illinois Domestic Violence Law Expands Employer Obligations

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    With a new Illinois law expanding domestic violence protections by redefining harassment for the digital age and making protective orders more accessible, employers should review their policies and training programs as they will likely encounter more orders and a wider range of workplace restrictions, say attorneys at Nixon Peabody.

  • What State AI Election Laws Mean For The 2026 Midterms

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    In the absence of federal rules governing artificial intelligence in elections and no consensus emerging across state laws, campaigns, their vendors and AI developers must address the risks associated with outdated rules written for other problems, says Matthew Shapanka at Covington.

  • Why Pa. Push For Brownfield Renewables May Not Be Enough

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    A recent executive order from Pennsylvania Gov. Josh Shapiro directed state regulators to expedite siting of clean energy development on former industrial sites — but additional reforms may be needed to effectively eliminate barriers to these types of projects, says Louis Dodge at Langsam Stevens.

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