Public Policy

  • September 17, 2026

    Wash. High Court Strikes Down Natural Gas Voter Initiative

    The Washington State Supreme Court has invalidated a voter-approved initiative barring local governments and building code officials from adopting rules to discourage natural gas use, ruling in a 6-3 decision Thursday that it violates a provision of the state constitution limiting legislative measures to a single subject.

  • September 17, 2026

    FAR Council Releases Second Batch Of Regulatory Changes

    The Trump administration released a second batch of proposed rules Thursday as part of its effort to streamline the Federal Acquisition Regulation, covering everything from commercial products and services to contract negotiations.

  • September 17, 2026

    FDIC Pitches Plan For Faster Bank Merger Reviews

    The Federal Deposit Insurance Corp. moved Thursday to revamp its procedures for vetting bank mergers, floating a package of proposed changes that could speed up the agency's reviews for many transactions and lead to fewer getting held up over competition concerns.

  • September 17, 2026

    Sue To Stop AI Armageddon? Not So Fast, Attys Say

    As executives at leading artificial intelligence companies increasingly assert that their own technology could one day pose an existential threat to humanity, a natural question follows: If the risk is real, can anyone sue to stop it before disaster strikes?

  • September 17, 2026

    T-Mobile Can't Challenge Ruling That It Broke Wash. Data Law

    A Washington state judge said he will not reconsider his finding that T-Mobile committed more than 722,000 violations of a state data breach notification law.

  • September 17, 2026

    AT&T Seeks To End Biz Landline Service In 34 States, DC

    AT&T is continuing its quest to end legacy copper line service across the United States, this time asking the Federal Communications Commission for permission to end traditional phone service for businesses in 34 states and Washington, D.C.

  • September 17, 2026

    Feds Resist Release Guarantee For Unlawfully Deported Man

    Immigration officials and attorneys for asylum seekers disagreed on the conditions required for the return from El Salvador of an unlawfully deported man, with the government refusing to guarantee the man will not be held in detention upon his return.

  • September 17, 2026

    Rail Giants Point To Shipper Support For $85B Merger

    Droves of companies that rely on freight in their daily business have recently thrown their support behind Union Pacific Corp.'s planned $85 billion merger with Atlanta-based Norfolk Southern Corp. in filings with a federal board being asked to approve the tie-up.

  • September 17, 2026

    Watchdogs Sue Trump Over Early Truth Social Post Access

    Two government watchdog groups are suing President Donald Trump and other high-ranking officials, claiming that their sale of early access to Trump's policy-focused Truth Social posts violates the First and Fifth amendments and only serves to enrich the president and his social media platform.

  • September 17, 2026

    7th Circ. Questions Illinois' Out-Of-State Liquor Delivery Ban

    The Seventh Circuit seemed unsure Thursday whether it should back a district court decision tossing two wine collectors' constitutional claim against an Illinois law barring out-of-state retailers delivering alcohol to in-state customers, questioning the state's underlying reasoning for the ban.

  • September 17, 2026

    NY Urges 2nd Circ. To Halt DOT Efforts Vs. Congestion Pricing

    New York transportation agencies have urged the Second Circuit to shut down the Trump administration's continued efforts to eliminate congestion pricing, saying the federal government doesn't have free rein to renege on cooperative agreements without justification.

  • September 17, 2026

    Ex-FCC Leaders Call ABC Probe Attack On Free Speech

    A bipartisan group of former top officials at the Federal Communications Commission on Thursday urged a D.C. federal court to put a halt to the agency's ongoing probe of ABC's Disney-owned stations, calling it an attack on free speech.

  • September 17, 2026

    SpaceXAI, Apple Must Show Texas Judge Antitrust Deal Terms

    A Texas federal judge has ordered Elon Musk's companies and Apple Inc. to provide him with a copy of their recent settlement for in-camera review after OpenAI Inc. demanded to look over the agreement and argued its terms may undermine the antitrust allegations SpaceXAI LLC is still pursuing against OpenAI.

  • September 17, 2026

    Ex-Conn. Utility Regulator Defends Appeal Of FOIA Fine

    Former Connecticut utility regulator Marissa P. Gillett has asked a state court not to toss her appeal of a $2,500 fine imposed on her by the Freedom of Information Commission for failure to comply with a records request from Eversource Energy, disagreeing with the commission that her case is now moot because the agency paid the fine and underwent FOIA training.

  • September 17, 2026

    EU Antitrust Chief Says AI Competition Mitigates Risk

    Europe's top antitrust enforcer raised concerns Thursday about the need to regulate artificial intelligence companies, while a top U.S. official said enforcers need to hear more about potential collaborations on AI safety before deciding if they're problematic.

  • September 17, 2026

    10th Circ. Debates Bid To Revive Colo. Atty Fee Law Challenge

    Colorado residents and community watch groups urged the Tenth Circuit on Thursday to revive their constitutional challenge against a Colorado law that mandates attorney fee awards to local governments in certain land use disputes, fielding court questions on the case's reviewability and whether sovereign immunity applies.

  • September 17, 2026

    Trump Withdraws ICE Nominee Schroyer After Senate Delay

    The White House announced Thursday that it withdrew President Donald Trump's nomination of former Oklahoma state trooper Lance Schroyer to lead U.S. Immigration and Customs Enforcement after his nomination stalled in the Senate.

  • September 17, 2026

    EPA Sued Over Power Plant Greenhouse Gas Rule Repeal

    Environmental and public health groups on Thursday sued the U.S. Environmental Protection Agency over its repeal of greenhouse gas emissions standards for power plants, accusing the agency of renouncing its legal obligation to tackle climate change-related pollution from the power sector.

  • September 17, 2026

    DHS Says Western Hemisphere Asylum Claims Are Meritless

    U.S. Department of Homeland Security General Counsel James Percival sent a letter to the American Immigration Lawyer's Association this week warning that attorneys who file frivolous asylum applications will be "subject to penalties."

  • September 17, 2026

    Michigan Court Pilot Aims To Aid Unrepresented Litigants

    The Michigan Supreme Court announced Wednesday that it is launching a pilot project, based on recent reforms in Utah and Arizona, that will allow trained nonlawyers to provide in-court support to people who cannot afford a lawyer in civil cases.

  • September 17, 2026

    Tribe Says HHS Defied High Court On Contract Funding

    A California tribe has sued the U.S. Department of Health and Human Services and its Indian Health Service in Washington, D.C., federal court, accusing them of unlawfully slashing about $2.37 million in contract support costs to less than $100,000.

  • September 17, 2026

    Judge Nixes DEI Conditions For Federal Education Funds

    A Massachusetts federal judge Thursday found the U.S. Office of Management and Budget cannot stipulate education research funding on rooting out diversity, equity and inclusion initiatives, but declined to force the government to spend certain education funds before they expire this month.

  • September 17, 2026

    Ore. Judge Denies HHS' Attempt To Amend Gender Care Order

    An Oregon federal judge on Thursday rejected the Trump administration's bid to narrow an earlier order that voided a policy declaration central to the government's crackdown on gender-affirming care for minors.

  • September 17, 2026

    Weaponization Fund Plaintiffs Say Discovery Ruling Was Right

    Plaintiffs suing over the Trump administration's once-proposed "anti-weaponization fund" are telling a Virginia federal judge to reject the U.S. Department of Justice's objections to a magistrate judge's discovery order, accusing the administration of stonewalling their requests and urging prompt discovery production.

  • September 17, 2026

    Industry Groups, IP Attys Back High Court PTAB Denials Case

    The bar association for the Patent Trial and Appeal Board, a group of intellectual property law attorneys and others have urged the U.S. Supreme Court to scrutinize the discretionary denial policies of current U.S. Patent and Trademark Office leadership.

Expert Analysis

  • How Axing SEC Trade-Through Rule Could Reshape Markets

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    The proposed elimination of a Securities and Exchange Commission rule that mandates a price benchmark for equity securities trades could allow blockchain-based trades to compete with legacy frameworks in registered markets, potentially serving as a test case for updated regulatory models, say Alex Zozos at Superstate, and Lewis Rinaudo Cohen and Edward Leaf at Cahill Gordon.

  • What Regulatory 'Reputation Risk' Purge Means For Banks

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    Banks should expect closer scrutiny of account closures and service denials after federal regulators recently stripped "reputation risk" from supervisory guidance, and should tie customer decisions to documented, objective legal and financial criteria to protect against debanking-related enforcement, say attorneys at Troutman.

  • Student Loan Revamp Leaves Bankruptcy Untouched

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    Recent changes to the Graduate PLUS student loan program may moderate borrowing and simplify repayment, but they may also shift financial distress into a bankruptcy system whose treatment of educational debt remains largely unchanged, say Jaclynn McDonnell at Stevens & Lee.

  • What 'Good Faith' Means In Calif.'s 1st Climate Reporting Year

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    Initial submissions to California's corporate greenhouse gas emissions reporting program are due this month — and for regulated businesses, the first-year issue is not whether CARB has answered every implementation question, but how a company can make its good faith compliance efforts provable later, says Thierry Montoya at FBT Gibbons.

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • How Home Infusion Providers Can Adapt To Enrollment Pause

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    Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • NYDFS Swedbank Order Offers Lessons On Candor

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    The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • California FAIR Plan Is Outgrowing Last-Resort Role

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    With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

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    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

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    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

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    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

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