Public Policy

  • October 19, 2026

    Justices Urged To Hear Case Targeting FINRA Enforcement

    The U.S. Supreme Court has been asked to hear a case challenging the ability of the Financial Industry Regulatory Authority to impose fines through an in-house disciplinary procedure with a broker who was penalized by the regulator, telling the justices that it was "futile" to first bring his constitutional arguments before the U.S. Securities and Exchange Commission.

  • October 19, 2026

    Texas Justices Won't Review Union Pacific Death Suit

    The Texas Supreme Court refused to undo a win for Union Pacific, which was accused of causing the death of a father of three by failing to correct an "extra-hazardous" railroad crossing with a history of near misses and collisions.

  • October 19, 2026

    SEC Official Tells Advisers Not To Wait For AI Guidance

    The director of the U.S. Securities and Exchange Commission's Investment Management Division said that advisers should not "wait for regulators to hold your hands" as they use artificial intelligence, saying regulatory guidance may be "too limited and too late."

  • October 19, 2026

    NBA Ushers In A 'Risk-Aversion' Sports Betting Era

    More than a decade after the NBA clamored to legalize sports betting, the league opens its new season with an edict to restrict bets placed on its games, reflecting the pressure of a raft of recent gambling scandals.

  • October 19, 2026

    CPSC Seeks Toss Of Baby Sleep Sack Maker's $90M Suit

    The federal government on Friday told a California federal court that a $90 million suit filed by baby sleep sack maker Dreamland Baby Co. over comments made by Richard Trumka Jr., former commissioner for the Consumer Product Safety Commission over weighted baby sleep products should be tossed since the statements were true and made without malice.

  • October 19, 2026

    Compass Retaliates With MLS Suit In Listing Access Fight

    Brokerage Compass shot back at the country's second-largest multiple listing service in California federal court with a lawsuit arguing that rules prohibiting home marketing methods off the online platform are costing the company millions in lost revenue and lost commissions for agents, along with hampering its own home listing platform. 

  • October 19, 2026

    Port Of Seattle Challenges Trump Grant Terms Targeting DEI

    The Port of Seattle and several Washington cities and counties asked a federal judge to block the Trump administration from enforcing new grant conditions that would threaten $87 million in funding, arguing the restrictions lack clear standards of conduct.

  • October 19, 2026

    6th Circ. Says Mich. Prison Officials Must Face Mold Suit

    The Sixth Circuit has ruled that several Michigan prison officials are not entitled to immunity from a lawsuit alleging that they were aware of mold contamination in a women's prison that led to several incarcerated people having seizures and developing respiratory issues.

  • October 19, 2026

    Calif. ICE Enforcement Docs Stay Out Of Ill. Suit, For Now

    An Illinois federal judge handling a lawsuit challenging the U.S. Department of Homeland Security's border patrol deployment during "Operation Midway Blitz" said Monday she won't let the state pursue records the government produced in California arrest-tactic litigation until she issues her impending dismissal ruling.

  • October 19, 2026

    NY, Pa. Secure Divestments For Road Repair Cos. Merger

    New York and Pennsylvania said on Monday they reached a settlement allowing Colas Inc. to move ahead with its planned purchase of Suit-Kote Corp., conditioned on the sale of several facilities over concerns about competition for municipal road repair contracts.

  • October 19, 2026

    Mich. Vape Shop Owner Faces Charges In Fatal Explosion

    A Michigan vape shop and warehouse owner's pre-trial conference in a manslaughter case stemming from a warehouse explosion was pushed back to December after his attorney indicated during Monday's hearing in Macomb County Circuit Court that he planned to file a motion to quash evidence in the case.

  • October 19, 2026

    Trade Court Whittles Hydropower Co.'s Duty Protest Challenge

    The U.S. Court of International Trade granted the government's request to dismiss a majority of the claims a hydropower equipment importer raised claiming that goods U.S. Customs and Border Protection admitted into the country were misclassified, according to an opinion published Monday.

  • October 19, 2026

    3rd Circ. Denies Church Interim Relief In Shrine Zoning Fight

    A church may be likely to win its case that a Pittsburgh-area zoning board violated its religious liberties by rejecting a shrine to the "sanctity of life," but a split Third Circuit panel ruled Monday that it did not merit a preliminary injunction because preserving the "status quo" did not require construction of the shrine.

  • October 19, 2026

    Prior 5th Amendment Pleadings Complicate Mylan Testimony

    Mylan can use deposition testimony from one current and one former executive in next year's price-fixing trial, a Connecticut federal judge ruled Friday, but state attorneys general can bring up the company "pulling the strings" in the witnesses' decision to testify after originally invoking the Fifth Amendment.

  • October 19, 2026

    NJ Panel Urged To Apply Bias Law To Commercial Tenants

    A clothing boutique owner urged a New Jersey appellate court Monday to revive her sexual harassment claim against her landlord, arguing that the state's discrimination law applies to commercial tenancies.

  • October 19, 2026

    Intel Seeks FCC Waiver For Vehicles Used In Chip Plants

    Intel Corp. has asked the Federal Communications Commission to exempt certain automated vehicles used in its chip-making process from an FCC restriction on foreign-made robotic devices.

  • October 19, 2026

    Feds Say FBI Agents Can't Block Probe Of Mar-A-Lago Case

    The U.S. Department of Justice urged a Florida federal court to reject FBI agents' second request to clarify a prohibition on releasing information in a report on President Donald Trump allegedly storing classified documents at Mar-a-Lago, arguing it's an attempt to block a grand jury probe over mishandling the investigation.

  • October 19, 2026

    Ex-NYC Pol Denies Bribery Charges As Corruption Trial Opens

    Counsel for Eric Ulrich, former commissioner of the New York City Department of Buildings, told a state judge Monday that prosecutors wrongly branded his long-standing borrowing from "friends and confidants" as bribery at the outset of the first corruption trial of a former official in Mayor Eric Adams' administration.

  • October 19, 2026

    Conn. Exoneree's Attys Seek $7.5M Fee For $38M Verdict

    Lawyers who won a $38 million jury verdict for a man exonerated of murder have asked a Connecticut federal judge to force the city of New Haven to pay nearly $7.5 million in costs and fees, arguing it took considerable time to unravel evidence of "astonishingly vast" police misconduct.

  • October 19, 2026

    FCC Urged To Consider New Cellphone Radiation Studies

    An environmental group told the Federal Communications Commission it has an obligation to scrutinize existing science rather than lean on years-old conclusions as it examines the health effects of cellphone radiation.

  • October 19, 2026

    Trump Taps DOJ Official, Federal Prosecutor For Judgeships

    President Donald Trump on Monday nominated a senior U.S. Department of Justice attorney for a Nebraska federal judgeship and an assistant U.S. attorney for a seat on the Northern District of Indiana bench.

  • October 19, 2026

    5th Circ. Says Texas Can Block China-Linked Energy Deal

    The Fifth Circuit has affirmed an order dismissing a suit from the subsidiary of a Chinese company over the blockage of its investment into Texas energy grid assets, finding that federal regulations don't preempt a state law blocking energy investments by China and other countries.

  • October 19, 2026

    Hanes Loses Latest Bid To Escape Suit Over Marketing Emails

    A Washington federal judge has denied Hanes' latest attempt to duck a proposed class action accusing it of sending misleading marketing emails, reasoning that new state rulings it cited don't control the case.

  • October 19, 2026

    Arizona Wants In On Nevada's Fight Over Colorado River Cuts

    Arizona is seeking to intervene in Nevada's challenge against the federal government that looks to block a framework that establishes water cuts for the Colorado River, arguing that the state's towns, cities, tribes, farmers, factories and businesses can't survive without sufficient water.

  • October 19, 2026

    Khalil Asks Justices To Review His Right To Habeas

    Former Columbia University student Mahmoud Khalil asked the U.S. Supreme Court on Monday to decide whether district courts have authority to hear constitutional challenges to immigration detention through habeas corpus petitions.

Expert Analysis

  • The Preemption Gap In Prediction Market High Court Petitions

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    The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.

  • How Data Center Projects Can Navigate Wyo. Siting Process

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    As opposition to data center development grows nationwide, the way that Wyoming is handling the issue through its industrial siting process offers a counterintuitive lesson: More process, not less, can provide both meaningful scrutiny and a clear path forward for projects, says Jeffrey Pope at Holland & Hart.

  • Tips From Apex Ruling On Handling Workers' Public Criticism

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    A National Labor Relations Board judge’s recent finding that Apex Fintech Services illegally reined in an employee’s public criticism on LinkedIn should caution employers that overbroad policies and reflexive responses may not only fail to defend the company’s reputation, but compound risks of federal labor charges, say attorneys at Krevolin Horst.

  • 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.

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